Gutfeld: Who would Trump supporters riot against?
They aren't Occupy Wall Street. They occupy Main Street
This is a rush transcript from "The Five," March 16, 2016. This copy may not be in its final form and may be updated.
GREG GUTFELD, CO-HOST: Hello. I'm Greg Gutfeld with Kimberly Guilfoyle, Juan Williams, Eric Bolling, and she sneeze rainbows and butterflies -- Dana Perino, "The Five."
This morning on another network I will not mention -- CNN -- Donald Trump said that a contested convention would be super awesome:
(BEGIN VIDEO CLIP)
DONALD TRUMP, REPUBLICAN PRESIDENTIAL CANDIDATE: I think we'll win before getting to the convention but I can tell you, if we didn't and if we're 20 votes short or if we're, if we're, you know, a hundred short, and we're at 1,100 and somebody else is at 500 or 400, because we're way ahead of everybody, I don't think you can say that we don't get it automatically. I think it would be -- I think you would have riots. I think you would have riots.
(END VIDEO CLIP)
GUTFELD: I must have misheard. He said there will be riots, twice.
Now maybe he didn't mean it or maybe he did. It probably doesn't matter. But we should be consistent. After all, if we bash radicals for inciting unrest if their demands are met, we should probably do that here.
But I am not worried. Who would Trump supporters riot against? I can't see them destroying businesses, because either they work in them or they own them. They don't tip over cop cars or heave rocks at fire trucks because they're likely to be cops or firemen themselves. They would never throw a chair through a window, because that chair cost them 75 bucks at Crate and Barrel. Law-abiding people abide by laws. They aren't occupying Wall Street, they occupy Main Streets.
But what of the candidate, that kinder, gentler one we keep hearing about? Trump's comment reveals that he's aware that he has a faithful army and it must be really good knowing these people are there and willing to fight for you and stick by you even if you shoot someone on Fifth Avenue. But being an actual leader means not abusing power, but humbly respecting it. Suggesting lawlessness even off-hand in response to a lawful, but unpopular event isn't very presidential. And even though a movement can indeed feel really exciting, we must not shed our scruples in service of a phenomenon. America already did that once in 2008.
All right, Juan. Will there be riots if there is a contested convention? Yes or no. I'm doing my McLaughlin report.
JUAN WILLIAMS, CO-HOST: Is that --
GUTFELD: Yes or no?
WILLIAMS: I would say --
DANA PERINO, CO-HOST: Pretty good.
ERIC BOLLING, CO-HOST: Yeah.
WILLIAMS: No.
BOLLING: Wrong.
GUTFELD: That's wrong.
(LAUGHTER)
GUTFELD: There will be riots.
WILLIAMS: There will be riots? OK.
GUTFELD: No -- if that's happens, I mean, there will be anger but there won't be riots, will there?
WILLIAMS: I don't know. Look, what we saw last Friday, look like riots is behavior.
GUTFELD: But that was between --
PERINO: Not has not --
GUTFELD: That was between two different factions...
PERINO: Yeah.
GUTFELD: ... or road tester.
WILLIAMS: But that's what's going on.
GUTFELD: No --
WILLIAMS: I mean two different factions of republicans.
PERINO: No.
GUTFELD: Do republicans rioting against republicans? They're going to be throwing their golf bags at each other.
PERINO: Right.
WILLIAMS: You know if they bought riot gear, the Cleveland police have bought riot gear now.
GUTFELD: Really?
WILLIAMS: Yeah, just last week. I saw it.
PERINO: But that wasn't because of an intraparty fight --
WILLIAMS: No. That was they say...
PERINO: That was because of --
WILLIAMS: ... the liberals, right?
GUTFELD: Yeah.
WILLIAMS: They're for liberals.
PERINO: Yes.
GUTFELD: Well --
WILLIAMS: I see. Always blame the liberals. But let me just tell you, Trump is not calling on liberals to riot. He is calling on his supporters.
BOLLING: No, no --
PERINO: He is not saying riot.
BOLLING: He didn't call on anyone. No, he didn't call anyone to riot...
WILLIAMS: Oh no.
BOLLING: ... he said, I think there could be riots.
(CROSSTALK)
WILLIAMS: Oh yeah. I don't know who. Who would do such a thing?
BOLLING: Well I --
WILLIAMS: I don't know.
BOLLING: First of all, for the record, I don't think there's not going to be contested convention.
GUTFELD: Yeah.
BOLLING: I just don't think it's going to come down to the math. After last night when Rubio got out after a thorough trumping, thumping of the field last night by Trump, the delegate match goes very, very strongly in his favor for him to earn at least the 1237 if not more. If even you just take what he's done in the past...
WILLIAMS: Can I -- can I interrupt?
BOLLING: ... take it forward. Sure.
WILLIAMS: Let me interrupt.
BOLLING: Yeah.
WILLIAMS: Let me just tell one of Dana's corny jokes. But this is, since it's third, you know, let's take some magic --
(CROSSTALK)
WILLIAMS: Let some magic Thursday and throwback Thursday. What's black, white and read all over?
GUTFELD: What?
BOLLING: A Newspaper.
WILLIAMS: It's a newspaper.
BOLLING: Right.
WILLIAMS: And so, and today's Wall Street Journal headline was something to this effect; hard for Trump to clinch nomination before convention, he have to win half --
BOLLING: Because I --
WILLIAMS: ... or the remaining delegates --
BOLLING: Right, right.
WILLIAMS: They don't see that that's possible.
BOLLING: No, no, but here's the deal --
KIMBERLY GUILFOYLE, CO-HOST: He slept here, your whiteboard last night.
BOLLING: OK, I love The Wall Street Journal. I love The Wall Street Journal and they're part of the campaign. I get it. But they're completely wrong on this one.
WILLIAMS: OK.
BOLLING: There are 48 percent of the delegates have been won by Trump already, but he's won 65 percent of the contest. Why is that matter? Because going forward, there are 11 winner take all, or winner take most, and there are only six proportional. So these -- the delegates are heavily weighted to winner take all and winner takes most. And if you just do the math with Rubio already in and 17 others in and apply it forward, he gets the 1,300. If you take Rubio out of the math, he gets even higher than 1,300. So -- but no one -- they're not, look -- they don't want to look at it that way, in their defense.
GUTFELD: Do you think, though? Dana, do you think it is important? I mean - - that Trump measures his words as he becomes more and more likely the nominee? And the fact that it only takes one nut to listen to him and do something stupid. It wouldn't be his fault but, you know, we're having this discontent in other areas. Should he be more careful?
PERINO: Well, I don't think that this morning -- I don't think he was suggesting...
GUTFELD: Yeah.
PERINO: ... that there should be a riot. I think that...
GUTFELD: No.
PERINO: ... he was just saying, what could possibly happen? And because there hasn't been a contested convention in so long, nobody knows what it would be like.
GUTFELD: Yeah.
PERINO: And I think -- if there were to be a contested convention, it would be a big fight. And there will ad in social media and tactics and strategy, unlike anything we have ever seen.
GUTFELD: Well, will we be doing midnight shows?
WILLIAMS: Oh.
PERINO: I hope so, because --
BOLLING: We're going to be there.
PERINO: I mean I was on fire.
GUTFELD: Yes, that right.
BOLLING: We are going to be there, right?
PERINO: I was on fire last night because --
WILLIAMS: You're on fire?
PERINO: Yeah, I mean I was so awake. It was amazing.
WILLIAMS: Oh.
GUILFOYLE: Yeah. We're going to be like the RNC.
PERINO: But I do think, and also, let's say that -- let say that, if Eric is correct on the math, then this is, this conversation is moot. If it does to go a contested convention and then -- whoever is going to be in the lead at the time, if it comes down to these three, let's just Cruz, Trump and Kasich. Then yes, all three leaders need to say, understand the passion. I think we have a good plan. Let's go in and win this thing and nobody needs to fight about it. I agree with you. I don't think the republicans are going to have republican on republican actual violence.
GUTFELD: Yeah.
PERINO: I don't believe that one.
GUTFELD: Yeah. It will be -- the khakis everywhere.
(LAUGHTER)
GUTFELD: Golf stuff flying.
GUILFOYLE: It will be like a (inaudible), right?
(CROSSTALK)
GUTFELD: Let me ask you about the other protests.
GUILFOYLE: Yeah.
GUTFELD: There are these anti-Trump groups; they're threatening the largest civil disobedience action of the century. Of course, there is democracy spring. It looks like its George Soros, funded -- there's the surprise.
GUILFOYLE: Shocking.
GUTFELD: A Moveon.org, institute for policies that is demos, or is it demonic, I'm not sure.
GUILFOYLE: Right. They'll throw Bill Ayers in there.
GUTFELD: Should we be worried about at this?
GUILFOYLE: Look, that's to be expected, right? Because they've already been trying to disenfranchise people who want to gather to listen to the candidate of their choice, showing up in Chicago, trying to shut down free speech. But oh, those are the liberals doing that, because anytime the speech that they don't agree with and they want to shut it down. So there's the whole double standard of hypocrisy there. Let me just circle back really quick four days ago about Donald Trump. Yeah, I don't think he is going take it lightly, but also the people who are supporting him wouldn't want him to take it lightly. They would want him to stand up and be an advocate for himself to say listen, the people have spoken, the actual voters, not just delegates. The people have decided and it has come out in record numbers to decide and have put a lot of support (inaudible) -- yes, Mr. Trump, behind Ted Cruz, absolutely. So yeah, if I were Ted Cruz or I were Donald Trump, and I would have the most, you know, votes going in there, I would expect to be able to receive the nomination from the party.
WILLIAMS: But you understand that the rules. I mean the rules, 1237.
GUILFOYLE: I understand that. But I would also not expect for somebody who maybe won one state or no states, to be able to go in and get appointed like we're in some kind of bizarre monarchy, because those are not the principles of the country was founded on.
WILLIAMS: No, no. Nobody is saying monarchy. It's just the rules of the -- the rules of a convention are, you have to have a certain number of delegates, in order to win the nomination outright.
GUILFOYLE: Yeah. I get how it works.
WILLIAMS: And right, you know, we're making fun of all these liberal group that's might come in. And we're worried, but not too worried about Trump calling for riots among his supporters. But the fact is there is a large segment of republican voters who don't want Trump.
BOLLING: Do you know the last time a candidate who wasn't leading going into a contested convention, actually became the nominee?
GUILFOYLE: The 1948?
BOLLING: 1940.
GUILFOYLE: Oh, 40.
PERINO: Great year.
BOLLING: Seventy-seven years ago.
(LAUGHTER)
BOLLING: I mean our grandparents were kids at the time. I mean, Juan --
WILLIAMS: The rules haven't changed.
BOLLING: No, the rules are there. But to not to --
WILLIAMS: OK.
BOLLING: Listen to what Kimberly is saying here, life has changed, too. The people want a voice, and the reason why Donald Trump has become such a thing...
GUILFOYLE: Populous thing.
BOLLING: ... the 48 percent of the votes, 65 percent of the states. It's because people expect their voice to be heard. If they think they're voting for a candidate and it gets to the rules committee and it change at the convention, the rules committee can change the game at the convention to pick whoever they want. If that happens, I agree...
WILLIAMS: Wait, wait, wait, wait.
BOLLING: ... Donald Trump is probably -- wait.
WILLIAMS: They're cannot --
BOLLING: There will be protests.
WILLIAMS: They're not --
BOLLING: And there will be lie in the protest.
WILLIAMS: But they're not changing the rules --
BOLLING: You just -- no, no. You can --
(CROSSTALK)
BOLLING: No, no, you can't.
GUILFOYLE: They can.
BOLLING: No, no --
WILLIAMS: Oh you say they can?
BOLLING: You can change the rules...
WILLIAMS: Yes, they could.
BOLLING: ... at convention.
WILLIAMS: But I'm saying the current rules are the rule.
BOLLING: Yeah, who's going to say -- so why you change the rules and say, you know what, we don't need 1237 now. Now you need 1350 and it has to be a super majority.
WILLIAMS: No, no.
BOLLING: Oh no, they can.
WILLIAMS: You're saying this will be outlawed type -- I'm just saying if you're a republican --
BOLLING: Well, how it is not outlawed if anyone knows --
WILLIAMS: Just play the rules of the rules?
GUILFOYLE: Appeal the vote.
WILLIAMS: They're not --
BOLLING: If the people have voted for a candidate...
WILLIAMS: Yeah.
BOLLING: ... in an overwhelming of states, and delegates, and votes. He's not the candidate -- he's not the nominee.
WILLIAMS: But let me just say things can change in a moment. Right now we know and we saw this last night, even as Trump was doing extremely well, Eric, most of the late deciders were going against him.
BOLLING: Oh, he can.
WILLIAMS: Right?
(CROSSTALK)
WILLIAMS: So that's the voice of the people too.
(CROSSTALK)
WILLIAMS: The voice of republican people.
BOLLING: I'm waiting to hear the first groups of a pundit who said -- who has been, just trashing what's going on with the Trump organic pressures...
GUILFOYLE: Phenomenon.
BOLLING: ... to start walking him back. Start softening the tone, to start -- you'll know maybe, you know -- it's going to happen anytime. And I think after last night, you're going to start hearing it right now.
GUILFOYLE: And by the way, Ted Cruz --
BOLLING: And clearly, Juan is not one of them.
GUILFOYLE: Ted Cruz is one of your top constitutional lawyers in the country which also, I think right be there, standing by Cruz, or you know by Trump or, you know, standing up for himself if they were to try and deny constitutionally the ability to be able to go in and have those delegates. I mean --
WILLIAMS: I think -- don't you think Cruz is going to be contesting? He wants to win.
GUILFOYLE: Cruz is in the same position as Donald Trump.
GUTFELD: Well, can I --
GUILFOYLE: He is.
GUTFELD: I want to move on to this --
GUILFOYLE: One of the two of them will be the nominee.
GUTFELD: This is Trump on "Fox and Friends." He was talking about what would happen if there would be a third party. I think he is for it.
(BEGIN VIDEO CLIP)
TRUMP: The third party will mean an absolute total victory for the democrats. It will mean four or five very liberal judges, and the country will never be the same. You'll never recover. That will be the end of the country as you know it. That will be a disaster.
(END VIDEO CLIP)
GUTFELD: I have to look at these sot's before I present them. Dana, what do you make of that?
GUILFOYLE: Yeah.
PERINO: Just practically, for a third party to actually get on the ballot. I think you have to get some crazy number. It's almost 100,000 signatures in three weeks...
GUTFELD: Yeah.
PERINO: ... from today. I mean, it's almost --
GUTFELD: Yeah. Unless you --
(CROSSTALK)
PERINO: I again, I just think it is a hypothetical...
GUTFELD: Yeah.
PERINO: ... that we don't need to worry about now, because I actually don't think it's going to happen.
GUTFELD: Yeah. Unless you're trying to get somebody fired from like America's Got Talent. You will never get like 100,000 people to sign anything. It's always -- petitions only work in the entertainment industry -- I suppose.
GUILFOYLE: And Bloomberg studies are not running.
GUTFELD: Yeah.
PERINO: And you have to find a way to...
GUTFELD: Gadget.
PERINO: ... still fund it. And I just -- I think that it is a moot point as well.
GUTFELD: Boom, you said moot point twice. I think you're working --
PERINO: Double moot.
GUTFELD: I think you're working your way towards a banned phrase.
PERINO: Just mute me.
(CROSSTALK)
GUTFELD: According to this nomination poll, if Trump has the most delegates going to the republican convention but not enough to win the majority on the first ballot, do you think he should win the nomination? 53 percent said he should, and 42 percent said he shouldn't, and 5 percent said no opinion; that was an ABC poll. So there you go.
GUILFOYLE: Well they --
GUTFELD: The people have spoken.
GUILFOYLE: They just got it up.
GUTFELD: Yeah. All right, coming -- coming up --
(LAUGHTER)
GUTFELD: After last night's big victory, it's looking more like a Trump versus Clinton showdown in November. But can Donald actually beat Hillary? That debate, next.
(LAUGHTER)
(COMMERCIAL BREAK)
BOLLING: Donald Trump and Hillary Clinton are one step closer to facing off in the general election. Trump has been sounding off on his likely competitor, recently. And again, last night, following his big primary wins.
(BEGIN VIDEO CLIP)
TRUMP: I haven't even started on her yet. The one person she does not want to run against is me; that I can tell you. She is an embarrassment to our country. She is under federal investigation. She doesn't have the strength or the stamina to be president.
(END VIDEO CLIP)
BOLLING: And the GOP front-runner ramping up his attacks, just take a look at this new Instagram video he put out, today.
(BEGIN VIDEO CLIP)
HILLARY CLINTON, PRESIDENTIAL CANDIDATE: Arf, arf, arf, arf, arf, arf, arf, arf.
(LAUGHTER)
(END VIDEO CLIP)
BOLLING: Hillary doesn't seem fazed. Here's what she says about going head- to-head with Donald Trump.
(BEGIN VIDEO CLIP)
CLINTON: I've gotten more votes than anybody, including Donald Trump and 600,000 more. And I think I'm ready to take him on if he is in that, you know, in that position.
(END VIDEO CLIP)
BOLLING: So who would win? According to the latest polls, Hillary, a Wall Street Journal/NBC poll has Clinton leading Trump by 13 points. A Washington Post/ABC survey shows Clinton ahead by nine, and Rasmussen has Hillary ahead by five points. Now Dana, you said if you have some interesting points?
PERINO: No, I just think that there's room for optimism if you're -- whoever the republican nominee is. But if you're Donald Trump, in particular, if you look at the turnouts from last night, remember at the midnight show we didn't actually have these numbers. But in Florida, they had, let me make just make sure I'm right. They had 3.9 million Floridians vote yesterday. That is up by about half a million that from over 2012. For republic -- and the democrats did not at all come near that, it was like 35 percent of the people from 2012. So there's some enthusiasm on both sides. But if you're looking at the must-win state of Florida, and how decisive it was for Donald Trump in Florida, I think that if you're in the Trump camp, you would have a lot of optimism looking at that state, in particular, because these national polls in the head-to-head, they're important and interesting. But when it comes down to the seven swing states, the head - to-head in those states are more important. Not -- it's not all good news for Donald Trump on that, front, in particular, but I would for -- in terms of turnout, in those important states, Florida being one of the most important ones, he had a significant edge last night.
BOLLING: Coming to one more data, if 2008, the last time it was uncontested, to 2016, the republicans are one that are ups now, the latest numbers, 61 percent...
PERINO: Yeah.
BOLLING: ... in turnout, 61 percent in turnout. So for every 10, there are six additional. And on the democrat side, you're down by 23 percent down.
GUILFOYLE: Oh.
WILLIAMS: So I would say, I would say --
GUILFOYLE: Sorry.
WILLIAMS: I must tell you that, I think the republicans debates, the republican campaign has been fast. I mean it's like, it is, literally, real life TV -- whatever, reality TV. It's fascinating, and Donald Trump, what a leading character. It's amazing. Do I think, if you're just a casual observer of politics and you're tuning in, I think you would be -- the republican primary would galvanize you, but would grab your attention, get more people involve. But I must tell you that historically, it just -- it doesn't pan out in terms of general election turnout. And don't forget, even --
BOLLING: Well, can you just clarify that?
WILLIAMS: Sure. That it doesn't translate, that you may get a Russian meatball --
BOLLING: But do you have any proof of that?
WILLIAMS: Yeah, yeah, yeah.
GUILFOYLE: But they never had these numbers before.
WILLIAMS: Historically --
BOLLING: You've never had a 61 percent increase --
WILLIAMS: No, I'm saying historically, when you see a huge difference in turnout during the primary and the caucus season, it doesn't translate into the turnout during the general election.
BOLLING: They'll be suggesting that people will show up for the primary and...
PERINO: And not.
BOLLING: ... record numbers --
(CROSSTALK)
GUILFOYLE: And then become like this --
(CROSSTALK)
BOLLING: I'm good.
WILLIAMS: Well, no. That --
GUILFOYLE: Now, I'm good.
WILLIAMS: But the reason would be, and especially in this case, there are so many republicans who are not Trump supporters. So if Trump is the nominee, not only that. There are so many people who are strongly anti- Trump who would be energized on the other side. So it's going to be --
PERINO: But according to this, and then I'll shut up. But according to my friend, even if all the Sanders supporters voted for Hillary, more than half of all the non-Trump republican voters would have to stay home for Clinton to win the state. So the numbers are really overwhelmingly and positive on the republican side in Florida on this date.
GUILFOYLE: Flop that on the white board --
(CROSSTALK)
GUILFOYLE: Yeah -- no, but she's right. Because it comes down to the seven swing states, and when you look at Florida, and last night Trump was alluding to this about all the poll workers. They've never seen a turnout like this. You have to take that state. You have to take Ohio if you want to win the presidency of the United States. So when you factor that in -- and again, look at Hillary, the barking dog response, that's going to be the choice and the alternative. Maybe people are gonna come around to, maybe they take little (inaudible) and go. You know what? Actually, I don't want her picking the next U.S. Supreme Court justice.
BOLLING: Greg, you want this or you want to talk about David Plouffe?
GUTFELD: No, I want to talk about this. I -- we-- OK, Superman versus Batman is -- the movie is coming out March 25th. And Batman embarks on a vendetta against Superman. Trump versus Hillary is actually Superman versus Batman for people who don't wear sweats all day. I mean, you can -- this could be really, really, really ugly, but we all want to see it. We want to see it. It's going to be Popeye versus Bluto, Rocky versus Apollo Creed. And I don't think, I don't think it's helpful for Trump to play down the polls. You got to act like you're behind, so you can fight hard. You don't want to take anything for granted.
GUILFOYLE: All right. And, but the thing is, he says I haven't started going after her and, you know, taking hits. We saw a little bit of that today with the video. When you think about it, which republican candidate is going to actually get after her very aggressively? I don't -- Trump will.
(CROSSTALK)
GUTFELD: ... into a victim.
GUILFOYLE: Cruz will.
GUTFELD: Because he's going on relish, turning her into a misogynist, right? That's what she's going to do.
BOLLING: But that's --
(CROSSTALK)
GUILFOYLE: She doesn't seem so hopeless or helpless.
GUTFELD: Yeah.
BOLLING: That doesn't burden.
PERINO: I didn't --
BOLLING: The more of that seems to --
PERINO: I don't know --
BOLLING: Seems to --
PERINO: Well --
BOLLING: Help him.
PERINO: That might be true for some voters, but I do think that when you look at, remember just last week, we had that last stat that republican women who are 37 percent approval rating for Trump in January. Last week we're down to 24 percent in the first week of March. That is a slide that he can't continue to have. So he has to figure out a way to turn that around. So that delegate balance -- well, he doesn't do delicate --
WILLIAMS: Let me just -- let me just add to there --
GUILFOYLE: You have to get back together. You got to romance them. You got to bring the ladies back.
WILLIAMS: Well let me get -- yeah. Let me got to say...
GUILFOYLE: It's going to be hard.
PERINO: He's got to do it.
WILLIAMS: ... so the Washington Post/ABC --
GUILFOYLE: Have to.
WILLIAMS: Trump loses women to Hillary Clinton, plus 21 percent. And millennials, millennials voters under 35. He loses by more than 33 points. I mean --
BOLLING: You're talking to Clinton?
WILLIAMS: Yes.
BOLLING: This is eight months away.
(CROSSTALK)
WILLIAMS: That's all we had -- all we can do. We can't project, though.
(CROSSTALK)
BOLLING: Do you remember eight months prior to this date who was winning on the GOP side? Trump was polling high, but he was losing head-to-head to everybody. Every single republican candidate he was losing to with the exception of what was that one guy, Gilmore?
GUTFELD: Yeah.
BOLLING: Maybe he was winning.
(LAUGHTER)
(CROSSTALK)
GUILFOYLE: Did he ever drop out?
BOLLING: Is he still in?
WILLIAMS: No.
PERINO: No, he dropped out. He dropped out.
GUTFELD: I'm kidding.
WILLIAMS: We're not going to get to David Plouffe.
(CROSSTALK)
WILLIAMS: I just want to tell you something that the democrats, David Plouffe, of course was a key adviser to President Obama, especially in '08 his campaign manager. And Plouffe said, oh my gosh, if Trump gets in, nobody knows what he'll do. He's like, you like, you know, unpredictable.
PERINO: That's the wild card.
GUILFOYLE: Right.
WILLIAMS: And he could do anything. And he might be the biggest threat to Hillary Clinton.
GUILFOYLE: That's what I was referencing yesterday.
BOLLING: And a leader -- right there, KG. Directly ahead, precedents someone, Obama makes his pick to replace Justice Scalia on the Supreme Court, setting of what promises to be a partisan showdown on Capitol Hill - - details on the nomination when we return.
(COMMERCIAL BREAK)
WILLIAMS: Some big news today with President Obama announcing his choice to replace the late Supreme Court Justice Antonin Scalia.
(BEGIN VIDEO CLIP)
BARACK OBAMA, UNITED STATES PRESIDENT: After completing this exhausted process, I've made my decision. I've selected nominee who is widely recognize, not only as one of America's sharpest legal minds, but someone who brings to his work a spirit of decency, modesty, integrity, even handedness and excellence. Today, I am nominating Chief Judge Merrick Brian Garland to join the Supreme Court.
(END VIDEO CLIP)
WILLIAMS: Judge Garland, a long time federal appeals court judge was emotional while accepting the president's nomination to our nation's highest court.
(BEGIN VIDEO CLIP)
MERRICK BRIAN GARLAND, CHIEF JUDGE: Thank you, Mr. President. This is the greatest honor of my life -- other than my wife agreeing to marry me 28 years ago. It's also the greatest gift I've ever received except, and there is another caveat, the birth of our daughters, Jessie and Becky. Mr. President, it's a great privilege to be nominated by a fellow Chicagoan. I am grateful beyond words for the honor you have bestowed upon me.
(APPLAUSE)
GARLAND: Thank you.
OBAMA: Congratulations.
(END VIDEO CLIP)
WILLIAMS: The president's move is setting up what's likely to be a brutal election-year battle with Senate Republicans. Kimberly...
GUILFOYLE: I knew it.
WILLIAMS: ... you understand...
GUILFOYLE: Yes.
WILLIAMS: ... a little bit about the tension here. Senate Republicans so far holding tight, saying they will not grant a hearing to Judge Garland.
GUILFOYLE: And they said that without consideration for who, in fact, the candidate would be. Right? They're saying, as a general principle, that they believe that the next Supreme Court justice should, as a matter of fact, be decided by the next president of the United States.
That plays both ways. If Hillary Clinton wins, she gets to pick. If one of the Republicans wins -- Cruz, Kasich, Trump -- then they would get to pick.
Having done a lot of research about the background of the candidates before today's, you know, speech by the president and nominating this individual, he's a very highly regarded. And in fact, I think would be a good choice except for this, you know, time frame of what's going on. Because I find that he's actually much more consistent with being a constitutionalist than say, for example, Sotomayor or Elena Kagan. This, in fact, might be the best that the Republicans could hope for, because I'll tell you what. Hillary Clinton, if she gets in, I guarantee you is going to pick somebody more liberal than this individual.
WILLIAMS: So you would advise the Senate Republicans...
GUILFOYLE: I think it's a very, very tough game of Russian roulette.
WILLIAMS: You're a good chess player, though. What do you...
BOLLING: I think they need to chess play this out completely.
I agree with Kimberly: as far as nominees go, he would be the most centrist that you could hope for, but I think this is a little politics being played by President Obama, knowing that the Senate Republicans won't do it; they've said they won't do it. So he put his most centrist possible pick up there, so that when they don't do it, he can say, "See, the Republicans are playing politics."
Unfortunately, he's the pawn in this political game.
GUILFOYLE: Yes.
BOLLING: So therefore, here's what I would do.
GUILFOYLE: What?
BOLLING: I would slow walk it. I would give a hearing. I would say we're not ready yet, have another hearing. Slow walk it until you find out who's going to be the next president. If you're going to get Hillary Clinton...
GUILFOYLE: Take him.
BOLLING: Take him. Confirm him immediately. If not, slow walk it again and say, "Listen, we're going to let the people decide with the next president."
WILLIAMS: Well, Dana, I want to ask you: what do you think about the idea that he was confirmed by large majorities of both parties in the past. And we've seen presidents, Republicans, you know, I think in the '80s, Reagan had Kennedy -- right? -- in his last year. So what exactly is the strongest possible Republican argument for not allowing him to go forward?
PERINO: They might use The New York Times headline which is, "A Supreme Court with Merrick Garland would be the most liberal in decades." You could start there if you're Republican.
I think that they're under no obligation. And I like that Senate Majority Leader today Mitch McConnell said, "Mr. President, we're going to use the Biden rule." The Biden rule was, let's not confirm anybody in a political year. I mean, it's hard to argue against the Biden rule if you're at the White House. So there's that.
I also think, though, that they're playing a little bit of Russian roulette or American roulette. Because if Hillary Clinton becomes the nominee, and the Republicans lose the Senate, because a president usually brings in whoever on their coattails, then they're playing kind of a dangerous game.
But I also think that there has been somebody like Miguel Estrada, eminently qualified judge who could not get confirmed because of politics on the Democratic side. So it's parity, in some ways. It's politics in a lot of ways, but I also think that it's the most important thing you can do as a president when you leave this legacy. President Obama has already had two. President George W. Bush had two. And just looking at the make-up of the Supreme Court now, you could see several more in the next few years.
GUILFOYLE: Yes, yes.
WILLIAMS: So Greg, it's like that movie, "The Big Payback." Is that James Brown? I think it's James Brown.
GUTFELD: I have no idea.
OK. A couple of things. About the confirmation process, Obama says that he doesn't want to make it about divisive politics, which is Obama for "Please agree with me."
He also said that the judge is prepared to serve immediately. So I asked why is the rush? Is the court going to turn into a pumpkin? The rule of thumb, when you're trying to buy a car or if somebody is trying to sell you anything, if someone is rushing you to make a decision, they are hiding something.
So what are they hiding about this guy? He's incredibly left-wing about guns. They're going to portray him as safe and as a centrist, but he voted against the right to keep a gun in your house for defense in Washington, D.C., where you should have a gun in your house.
So they're trying to portray him as boring. They're trying to portray him as a centrist, but he's fundamentally against individual freedoms when it comes to protecting yourself and your family.
GUILFOYLE: Well, there's a lot of information about him, because 19 years of, as we call it, paper in the business of all of his opinions and everything that he's written. So actually, this could take a little bit of time to review thoroughly.
PERINO: When they did John Roberts' nomination, they actually went back to memos that he wrote when he was 25 years old in the Reagan White House; ones that he wrote in French they then had to have translated. That's how meticulous they were.
GUTFELD: It was a beautiful memo.
WILLIAMS: This guy is well-known, and there is going to be a paper trail. He was involved with the Oklahoma City bombing, did a very good job there. And I happened to have come across him when he was investigating...
GUTFELD: You.
WILLIAMS: ... Marion Berry.
GUTFELD: Oh, yes.
WILLIAMS: The drugs in D.C. and again...
GUTFELD: How were you involved?
GUILFOYLE: Were you called as a material witness?
WILLIAMS: Well, because it turns out that if you know Greg Gutfeld suspicion follows.
Ahead, stick around, "Five" fans, for a big surprise later in the show.
GUILFOYLE: What is it?
WILLIAMS: Really big.
But first, new feminist outrage over criticism of Hillary Clinton's tone on the campaign trail. Why they're playing the sexism card. That's all then, when we return.
(COMMERCIAL BREAK)
GUILFOYLE: All right. Well, something we've talked about here before: Hillary Clinton's fiery voice on the campaign trail.
(BEGIN VIDEO CLIP)
HILLARY CLINTON (D), PRESIDENTIAL CANDIDATE: For all of our challenges, I've never had more faith in our future. And if we work together, if we go forward in this campaign, if we win in November, I know our future will be brighter tomorrow than yesterday. Thank you all so very much.
(END VIDEO CLIP)
GUILFOYLE: Fired up.
Last night, Twitter was all the buzz, with people in the media commenting on the tone of Hillary's speech. Glenn Thrush from Politico tweeted, "Hillary Clinton in a nut shell: calling for love and kindness. By shouting."
Joe Scarborough tweeted, "Smile. You just had a big night. #PrimaryDay."
And Howard Kurtz tweeted, "Hillary shouting her speech. She has the floor. A more conversational tone might be better for connecting with folks at home."
There's more. Now "Cosmopolitan" magazine is slamming Hillary's critics by playing the sexist card. Quote, "That speech did not go over well with some dudes in the media, because she appeared, you know, fired up and wasn't all smiles. At the end of the day, it's not about these journalists' tweets. It's about the double standard that women face every single day."
And we're sick of it! Go ahead, Dana.
PERINO: I don't think the Clinton campaign is entirely wrong. And women, when you -- especially because you don't have a deeper register. And I'm not saying anyone has a high-pitched voice. But remember when -- I mean, I hate the sound of my own voice. Remember. You've seen the thing, "Dana's Corny Joke of the Day." Like, "Dana's Corny Joke of the Day," ha ha. It's not something that you would probably want to listen to.
GUILFOYLE: Is that your voice?
PERINO: It is my voice.
GUILFOYLE: Wow.
PERINO: That's how bad it is, right?
GUILFOYLE: We can rerecord it.
PERINO: Remember Carly Fiorina. What was the thing about her? She never smiled. Why doesn't she look happy? And everyone was like, "Come on, just give a little."
How many times have we seen reboots of Hillary's campaign, saying, "Now we're going to show you the more likable Hillary. Here it comes."
I think that if you love Hillary Clinton, that speech was great for you. If you don't and you're settled that you're never going to vote for her, that speech grated on your nerves; and there's probably about 10 percent in the middle who maybe are persuadable.
GUILFOYLE: All right. Boys?
GUTFELD: Every time Hillary opens her mouth, an angel falls from the sky and lands in a wheat thresher. And it has nothing to do with her gender or being shrill. It's because when you listen to her, she drips with insincerity. It has nothing to do with her being a woman.
When somebody is yelling and being dramatic, it's because they feel that their speech is weak.
Contrast that with Trump in which it's about as real as you can get. He never yells. He's basically talking to the audience, because he's so comfortable in his own skin. And I hate that cliche. But that he just talks, and it's real.
But when somebody is yelling and they're not themselves. Because if we were in a conversation right now...
(RAISES VOICE): I wouldn't be talking to you like this.
(NORMAL VOICE): But that's what she's doing.
GUILFOYLE: You do that when you do "I Hate These People."
GUTFELD: That's different.
GUILFOYLE: Yes, yes.
PERINO: That's angry.
GUTFELD: Yes.
GUILFOYLE: Right.
GUTFELD: Anyway, she doesn't speak like a normal person.
GUILFOYLE: OK. So it sounds like...
GUTFELD: A liar.
GUILFOYLE: I don't know about that. But I mean...
GUTFELD: Talks like a liar.
GUILFOYLE: Benghazi. You've got to be a happy warrior is what they're saying, Bolling.
BOLLING: I guess so and...
GUILFOYLE: Be cheerful while you slay a dragon.
BOLLING: ... again, it's not because she is a female that we're -- I'm saying what I'm about to say. It's because that's what she does. She does it more than anyone else, male or female, where she'll deliver a line, knowing where the applause is about to hit, and she'll step on the accelerator right into it. "America, am I right?" And the whole crowd goes crazy. And then she keeps doing and doing it. And it's just -- it gets annoying unless...
PERINO: You love her.
BOLLING: ... it's like you love her and it's like listening to your favorite band. You know, like, "OK, I've heard this song. And I can listen to 'Free Bird' yet again."
GUILFOYLE: Or you could play it at, like, Gitmo really loud to annoy terrorists.
OK, Juan.
WILLIAMS: Well, I know that women politicians think there is a double standard.
But I think she is doing exactly what Greg described. I think that she feels like, "You know what? I'm not my husband. I'm not Barack Obama. I'm not a great speaker, and I'm trying to compensate. I'm trying to deliver; I'm trying to put power and punch."
People on the left think one of her problems is she's been too timid, too meek, and that she needs to pump it up; she needs to have some passion, the passion to match someone like a Donald Trump. And she's trying to deliver on that promise. She's trying to get her base stoked the way that Donald Trump does.
PERINO: But if you do it in an inauthentic way -- when Bill O'Reilly was giving advice to Jeb Bush one time during this past year and he -- when he had him on the show. And he was saying, "You need to match the anger. You're not rising to the anger."
And then, if a candidate doesn't feel it in their heart and they try to do, and it's inauthentic, voters can smell that a mile away.
WILLIAMS: But it's harder, I think, Dana, for a woman. I really...
PERINO: I do, too. I remember when Peggy Noonan wrote that sometimes Hillary Clinton can sound like the woman that -- your neighbor who says, "Your kids left their bikes in the hallway," and it just sounds like something you don't want to listen to.
GUTFELD: Just point out that it's kind of rich of having "Cosmo" accuse anybody of sexism. I mean, my God, have you read that magazine? I used to write for them.
GUILFOYLE: Helpful hints.
GUTFELD: They have the lowest assumption of how women think.
WILLIAMS: Did you write the sex tips?
GUTFELD: I wrote -- I wrote a column many years ago for "Cosmo."
WILLIAMS: You don't want to tell me which type?
GUTFELD: I can't remember, but it was something like that.
GUILFOYLE: Listen. I mean, it least she's showing that she's fired up and passionate, having some energy, because she's got to compete on the other side with "feel the Bern, feel the Bern."
I mean, who really wants to feel a burn, if you know what I mean?
PERINO: But he's kind of entertaining to listen to, too.
GUTFELD: No, but he's real.
GUILFOYLE: On "Saturday Night Live." Yes, but people believe that he's real.
PERINO: That's true.
GUILFOYLE: People believe Trump's real. And that's why some people are into both of them. Like, hmm.
All right. Up next, a special surprise for all of our "Five" fans. You do not want to miss this, for real life. Stay tuned.
(COMMERCIAL BREAK)
PERINO: OK, here's your surprise. Are you ready?
GUILFOYLE: Surprise.
PERINO: This is really fun, because we like to interact with our fans, and I think that our show does it very, very well on Facebook, Twitter, all the rest.
So I was a D.J. Remember that? Country music D.J., overnight. Minimum wage. Great job. And so what -- you know, we play music into and out of our block, and they play it according to our likes.
GUTFELD: On this show.
PERINO: On this particular show.
GUTFELD: Right.
PERINO: Obviously. We're on this show.
GUTFELD: You were talking about your old job. I wanted to clarify.
PERINO: I said on this show. Thank you for that. Helpful.
But they're thinking, "Why didn't you just read that?"
OK, so here's the idea. We want you to help us choose our music for Friday's show. You get to choose and recommend your picks for all of us. We're going to go around and tell you which ones we like. We're going to use Twitter hash -- handle @TheFive, and the hashtag is "#DJthefive." See that down there, @TheFive and hashtag #DJthefive.
So we're going to start with Kimberly, because she's very excited about this.
GUILFOYLE: I'm super excited.
PERINO: Because you like the music. You dance, and you're having fun.
GUILFOYLE: Yes. I love music. And I have to tell you, there isn't really music that I don't like. So I would love you all to pick at home whatever you think is, like, the best song, fun music for me, keeping in mind my persuasion to dance every once in a while. But yes. I love, like...
PERINO: Choose a good beat.
GUILFOYLE: Yes, it's got to have a little bit of "umpf."
PERINO: And actually, this is going to happen tomorrow, Thursday. I'm a little bit ahead of myself. We had a midnight show, and I think it's already Thursday. Tomorrow, Thursday's show, this is when we're going to play these.
Juan, you have very eclectic taste in music.
WILLIAMS: I just -- you know, I discovered. So I've got XM in my car, and I discovered I really like love songs. I like love songs.
GUILFOYLE: What did I tell you?
WILLIAMS: I just love love songs.
I like -- and then, Imus -- remember Imus? -- Imus once asked me, he said, "What are your top five songs?" Right?
So I said, you know, "I like Paul Simon. I like Marvin Gaye, Frank Sinatra, Sam Cooke." So I think it plays into your stereotype about me as the old guy.
GUILFOYLE: But you love, like -- like, you're definitely the Lionel Richie on Pandora. Lionel Richie Radio.
WILLIAMS: I like that.
GUILFOYLE: Yes, yes, that's totally you. By the way, you're sitting on Imus. Look what the floor says there.
WILLIAMS: It does say, "Imus."
GUTFELD: "Get off of me."
PERINO: Eric Bolling...
GUTFELD: "Get off of me, Juan.
PERINO: ... you -- you gave us a little hint last night of what kind of music you like.
BOLLING: Since day one on the show, I picked the bump in and bump out music. Bump in comes into the segment, bump out. I've always had this rule. First of all, it takes a really long time to do, because there are a lot of rules you have to play with.
GUILFOYLE: That's why I have Sean do mine.
BOLLING: But they had one rule. It's the music can't match the segment.
GUILFOYLE: I like that, though.
BOLLING: So I don't want the song about -- you know, we're doing a segment about horses, I don't want "Wild Horses" to be the song. So can't match it at all.
Classic rock in the way in always. And then something new: hip-hop, pop music on the way out.
GUILFOYLE: You love Justin Bieber.
BOLLING: It's always -- that's -- I liked that...
GUILFOYLE: Yes, you do.
BOLLING: No, no, I liked that one song over the summer.
GUILFOYLE: Lying.
BOLLING: No, it's -- whatever.
PERINO: You have eclectic taste.
BOLLING: Yes. I like almost every genre of music.
PERINO: OK, Gutfeld, you have your taste in music.
GUTFELD: Well, I...
GUILFOYLE: Shocking.
GUTFELD: I think if you're going to make any suggestions for songs, the word "butt" has to be in the title. All right? I will accept nothing if it doesn't have "butt" in the title.
GUILFOYLE: Just give him butts (ph), and I'm not gonna lie.
GUTFELD: If you can find any Norwegian -- any Norwegian death metal, a cappella -- Norwegian death metal, a cappella -- I will play that tomorrow. Title, "Butt Itch (ph)."
GUILFOYLE: Just pick, like, Jamiroquai or something. You like them, don't you?
PERINO: I like country music. You know that. I also like Americana, and I like to find -- I'd love to find a couple of new bands to listen to.
GUTFELD: What about the Osmonds? The Osmonds?
PERINO: OK. That's not new.
Levi Lowrey's son told me about a new band called -- well, it's new to me - - Need to Breathe. We played it a couple of times here already on one of my segments. It was great. So...
GUILFOYLE: OK.
PERINO: You guys like it?
GUILFOYLE: All right, cool.
PERINO: We've got to go. So don't forget, @TheFive, hashtag "#DJthefive" and we'll see what we come up with tomorrow.
All right. "One More Thing" is up next.
(COMMERCIAL BREAK)
GUTFELD: "OMT," go.
PERINO: It's you.
BOLLING: It's you.
GUTFELD: I know.
GRAPHIC: (PROMO FOR KIMBERLY'S APPEARANCE ON 'THE O'REILLY FACTOR')
GUILFOYLE: Put it up again.
GUTFELD: Well done.
(BEGIN VIDEO CLIP)
GUTFELD: Greg's St. Patrick's Day Tips.
(END VIDEO CLIP)
GUTFELD: They told me we had to be in a hurry, and then they screw it up.
All right. Tomorrow is St. Patrick's Day, and if you're going to do a parade in the middle of town, in the middle of the city, I want you to realize a couple of things. So while you're drinking in the afternoon, the overwhelming majority of people there are going to work. So do not treat the streets like your own personal urinal. That bothers me.
No. 2, if you're on public transportation, realize that not everybody else is drinking with you. That means they might be going to the hospital. They might have -- might be stressed out. They might be in a bad mood. So don't start pouring booze on them.
GUILFOYLE: Oh, my God.
GUTFELD: And if you call in sick on Friday, you do not deserve to drink.
GUILFOYLE: OK, whoa. People don't go to the hospital on public transportation, because then they'd die.
GUTFELD: Some people do. Dana. Subways.
PERINO: Quickly, a parent asked me how could they help explain to their 5th grader the differences between economic systems: socialism, capitalism, communism. I've got a good article posted on our Facebook page from USHistory.org. And then, of course, "Animal Farm" by George Orwell.
And Eric actually has the best explanations.
BOLLING: Very quickly, capitalism, think of Warren Buffett, the profit motive. Socialism, think of President Obama, redistributor of your wealth. And communism, think of Bernie Sanders, the guy who's socialist on steroids.
GUILFOYLE: Yes. Feel the Bern in your wallet.
BOLLING: OK, I'm up. This will drive you crazy. This is what's wrong with the system. Listen to Curley Haugland. He's a delegate, an RNC delegate who's also on the rules committee. Listen to what he said today.
(BEGIN VIDEO CLIP)
CURLEY HAUGLAND, RNC DELEGATE (via phone): The media has created a perception that the voters will decide the nomination. That's the conflict. That's the conflict here.
(END VIDEO CLIP)
BOLLING: All right. Let me do that again. Listen to it very quickly one more time. Listen to what he just said.
(BEGIN VIDEO CLIP)
HAUGLAND: The media has created a perception that the voters will decide the nomination. And that's the conflict. That's the conflict here.
(END VIDEO CLIP)
BOLLING: No, the conflict isn't that. The conflict is the voters should be determining the president, not the delegates who think they have all the power. They're elected by the people.
GUTFELD: K.G.
GUILFOYLE: Curley was one of the Stooges.
I'm going to be on "Hannity" tonight -- very excited about it...
GUTFELD: The show.
GUILFOYLE: Yes, with Tucker Carlson and Geraldo Rivera.
GUTFELD: Yay. Juanzo.
WILLIAMS: All right. So a few days ago, I took a painful trip down memory lane. I went to see the demolition of the "Washington Post" building in Washington, D.C. The building opened in '72, the Watergate era. I got there in '76 as an intern.
October of 2013 it was sold to Jeff Bezos at Amazon, but the building wasn't included, so they're demolishing it. It's hard to see the mothership blown up.
GUTFELD: Got to go, buddy. "Special Report" is up next. Sorry about that.
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