THE FIVE

President Trump's 'extreme vetting' executive order

This is a rush transcript from "The Five," January 31, 2017. This copy may not be in its final form and may be updated.

GREG GUTFELD, CO-HOST: I can't get enough of it. All right. I am Greg Gutfeld with Kimberly Guilfoyle, Juan Williams, Eric Bolling, and Melissa Francis -- "The Five."

President Trump's Supreme Court announcement is just hours away, Kimberly. We will get to it ahead. But first, it's time for a little extreme vetting. Let's start with the incompetent babies:

(BEGIN VIDEO CLIP)

HOUSE MINORITY LEADER NANCY PELOSI, D-CALIF.: Thank you very much for coming out. Is the sound working? I can hear you. Can you hear us? Is this sound working? Look at that moon. It's a new moon. Can you hear now?

(CROWD CHEERING)

PELOSI: … to support and defend the Constitution of the United States. Can't hear? Does this work better? No. Staff? Sound people?

(END VIDEO CLIP)

GUTFELD: So imagine -- imagine if they were in charge of the security of our nation. And did any of these jokers protest when President Obama restricted travel in the same states? Hell no, that of course would be racist.

Now, let's find an adult:

(BEGIN VIDEO CLIP)

HOMELAND SECURITY SECRETARY JOHN KELLY: This is not a travel ban, this is a temporary pause that allows us to better review the existing refugee and visa vetting system. This is not -- I repeat, not a ban on Muslims. The Homeland Security mission is to safeguard the American people, our homeland, our values, and religious liberty is one of our most fundamental and treasured values. By preventing terrorists from entering our country, we can stop terror attacks from striking the whole land.

And I have directed departmental leadership to implement the president's executive orders professionally, humanely and in accordance with the law.

(END VIDEO CLIP)

GUTFELD: Sounds refreshing, doesn't it? Kind of like a grown-up. One more time, the babies:

(BEGIN VIDEO CLIP)

PELOSI: Shall we sing this Land is your Land again until they got the sound working?

(CROWD SINGING) This is your land, this land is my land, from California to the New York Islands, from the redwood forests to the Gulf Stream waters, this land was made for you and me.

(END VIDEO CLIP)

GUTFELD: I hate that song.

MELISSA FRANCIS, GUEST CO-HOST: Really?

GUTFELD: I do.

Now, back to the adults.

(BEGIN VIDEO CLIP)

KELLY: We cannot gamble with American lives. I will not gamble with American lives.

(END VIDEO CLIP)

GUTFELD: So you see what a difference this makes: children vs. adults.

So enough of this mass hysteria. Here are the facts. Syria, Iraq, Libya, Yemen, Sudan, Somalia, Iran -- with the exception of Iran, none have functioning central governments. How is the moratorium to boost vetting on failed states a Muslim ban? It makes no sense. Especially since Turkey, Indonesia, Malaysia, Morocco, Algeria, Saudi Arabia, Tunisia, Lebanon are Islamic countries and they are not on the list. That's a Muslim ban? No.

And why aren't other Muslim countries taking and fellow Muslims? Is that a Muslim ban? It seems like it is. And if you compared the vetting to banning Jews during the Nazi period, then who are the Nazis now? Other radical Muslims. So extend the logic: Does anyone who wants to come here have the right to come here un-vetted? If so, are you ready for a billion new arrivals including, get this, the Nazis? Maybe we can put them in Beverly Hills or in Michael Moore's estate. We take in more refugees than anyone and these dopes are hopping over a pause in a time of terror -- it's idiotic.

Imagine Earth as a crime-ridden town and there is one safe house. How do you keep that safe house, America, always safe? It is called vigilance. Act now and you save more lives around the world later. But what we are seeing is a tantrum by the media, by celebrities and the bureaucrats who vote Democrat to protect their jobs. The opposition are babies who just got a flu shot. It is for their protection. They know it, but they are still crying.

Eric, singing, how can you take this singing seriously?

ERIC BOLLING, CO-HOST: That was amazing.

(LAUGHTER)

BOLLING: I loved it.

(CROSSTALK)

BOLLING: So clearly not a Muslim ban. They are saying it's a ban because Trump used the word ban in one of his tweets. It's not a ban. You hear Kelly saying, it's a temporary pause, which is what it is, a couple of quick number, 112 million international travelers into the U.S. last year, 112 million, 44 million visas, almost 45 million granted, 527,000 overstayed. They don't worry about that, but they are worried about inconveniencing 109 -- meanwhile, 97,000 refugee status in the United States. We not only have a right to protect our borders and increased vetting, we have an obligation to it.

GUTFELD: Well done. Kimberly. Ban could be short for Bannon. It wasn't actually a ban.

(CROSSTALK)

GUTFELD: But I mean, they were named by the Obama administration before but nobody protested.

KIMBERLY GUILFOYLE, CO-HOST: Right. That should have been the lead, that should have been the lead on the segment. We want to thank President Obama's administration for putting together this list of seven countries that we shall maintain in this time of terror. And in fact, be vigilant about who we let into the United States. It's not discriminatory in its face, or in any way. It is not unconstitutional. The U.S. Constitution is not a treaty with other countries.

GUTFELD: Exactly.

GUILFOYLE: This is the bottom-line.

GUTFELD: Yes.

GUILFOYLE: So that's what we're going to do. Don't take offense to it because it was already on the books and it's been used candidly by President Obama. So what is the difference now? The president.

GUTFELD: Yes.

GUILFOYLE: It is being used by number 45 instead of number 44. And that really is the core of their objection. As entertaining as the karaoke was.

(CROSSTALK)

GUILFOYLE: I mean, wow, can't get enough of that.

GUTFELD: Right.

(CROSSTALK)

GUILFOYLE: Fake tears.

GUTFELD: Fake tears.

GUILFOYLE: And then Schumer, the whole thing. I mean, they are just clearly being obstructionist. They look ridiculous, even more silly than they did before. They are getting in the way. They are now the people that are getting in the way of governing this country and keeping America safe and pushing forward. That's what the evidence shows.

GUTFELD: Yeah. Juan, I will give you this. OK, let's say the rollout was a little too pugnacious, maybe a little too.

(CROSSTALK)

GUILFOYLE: But the bottom-line, this is a tantrum, it is a clear tantrum because there's no facts being used, just emotions. Singing is an emotional act. It's not a fact.

JUAN WILLIAMS, CO-HOST: I see, I see. So I think the Super Bowl is Sunday, but the way you guys are cheerleading, I don't know, I think the game has already started.

(CROSSTALK)

WILLIAMS: May be Tom Brady's pal in the White House, you know, you pick up the Patriots and Brady, and now, Trump.

(CROSSTALK)

WILLIAMS: This is so, so absurd. I mean, a minute ago, you say these people singing, standing on the steps of the Supreme Court, oh, these people couldn't protect our country, these aren't adults. Who was protecting the country for the eight years Obama was in office?

GUTFELD: Not Nancy Pelosi.

(CROSSTALK)

WILLIAMS: I think it was a Democrat.

(CROSSTALK)

WILLIAMS: Let me just say this to you. We have a situation right now where you have Trump's people described by conservatives as having botched the rollout. Even if you give him the benefit of the doubt and say this is about trying to protect the country which is what I think you were trying to say.

GUTFELD: Right.

WILLIAMS: People would say how come they couldn't anticipate the impact on people with green cards, how can you.

(CROSSTALK)

GUTFELD: It got remedied.

(CROSSTALK)

WILLIAMS: You're right. It got remedied after the fact, after the chaos at the airports.

(CROSSTALK)

GUTFELD: You know the Iraqi interpreter that everybody made a big stink about. He said he likes Trump. I mean, he wasn't even inconvenienced. Go ahead, sorry.

FRANCIS: I have to say, you were doing the babies and the adults. The baby in the Trump's response tweet, Nancy Pelosi and fake tears chuck -- that is her new name, just in case you didn't know that, held a rally on the steps of the Supreme Court and mic didn't work on that. Just like the Democratic Party, the heckler in chief now though.

(CROSSTALK)

FRANCIS: I mean, we were kind of heckling at the beginning.

(CROSSTALK)

GUTFELD: But to Juan's point, this is Kevin McAleenan -- is that what you said? I think I did a McAleenan on a wedding.

(CROSSTALK)

GUTFELD: No, it is Kevin McAleenan from U.S. Customs on how they dealt with these little discrepancies.

(BEGIN VIDEO CLIP)

KEVIN MCALEENAN, U.S. CUSTOMS & BORDER PROTECTION ACTING CMSR: To put this in context in the first 72 hours of the order, 1 million travelers came through our borders via air. Out of those travelers, 500,000 were foreign nationals. We denied boarding to 721 travelers that had visas from the affected countries. But we actually processed for waivers 1,060 permanent residents to the United States as well as an additional 75 waivers granted to immigrant visa and nonimmigrant visa holders.

(END VIDEO CLIP)

GUTFELD: So, Eric, again.

(CROSSTALK)

GUTFELD: The protesters paint these people as evil Nazis. They're comparing this. When you look at this, these are guys doing their jobs.

(END VIDEO CLIP)

BOLLING: See what is happening here, right. So Donald Trump will come out with something with the promised straight through. He will go ahead and follow through it, you know, sign the executive order. The left will go crazy because they will call it racist, they will call it bigoted, they will call it whatever, unconstitutional. And then, they will sit back and let them go crazy for 72 hours.

GUTFELD: Yeah.

BOLLING: Go crazy. And then they will have the adults, as you point out, come in the room and say this is what's going on, you guys. This is how it went down. It was very, very orderly. Like I said yesterday, 109, for a massive regrouping of your immigration policy, 109 inconveniences seem like a very big success.

(CROSSTALK)

FRANCIS: It's over. It's over.

(CROSSTALK)

BOLLING: it was orderly. The idiotic protesters.

(CROSSTALK)

WILLIAMS: I don't even hear that from the right.

(CROSSTALK)

WILLIAMS: I don't even hear from the right. And you know, these guys that came out today.

(CROSSTALK)

GUILFOYLE: There is no right.

WILLIAMS: Charles Krauthammer is not right?

(CROSSTALK)

BOLLING: I know Trump for a long time.

WILLIAMS: Oh, so now we are down to you're not a Republican, unless you are pro-Trump.

BOLLING: No, I'm saying if you're going to revamp your whole immigration system over a weekend, and a 109 people inconvenience for a few hours.

WILLIAMS: I think the way to do it is you go to people, you say here's the program. Let's look at the repercussions that could come from this new policy. Let's review it. Let's anticipate it. And what does it say about the fact that America is a country of immigrants, that we house refugees.

GUILFOYLE: And we do, better than anyone else.

(CROSSTALK)

WILLIAMS: And we're saying no, no more refugees.

(CROSSTALK)

GUILFOYLE: That is grossly misleading.

WILLIAMS: No, it's not.

(CROSSTALK)

GUILFOYLE: Yes, it is.

(CROSSTALK)

WILLIAMS: The attorney general of the United States said I can't defend this.

(CROSSTALK)

GUILFOYLE: By the way, shame on her. She is not upholding the oath she took.

(CROSSTALK)

BOLLING: In the 72 hours that this was going on, somewhere around 800 to 900 refugees granted asylum. They went through, 800 or 900 processed in those same cities.

FRANCIS: Not only that, everybody.

WILLIAMS: That's what it said. They went through.

(CROSSTALK)

WILLIAMS: In other words, this thing was so badly constructed.

(CROSSTALK)

WILLIAMS: The other part of the government is allowing some refugees in. But that's not why there were protesters this weekend, Eric.

BOLLING: You know what I love?

GUILFOYLE: Well, the protesters are the ones making the mess and inconveniencing everybody else instead of actually equipping themselves with the facts. It doesn't matter. If Trump found a cure for cancer, they would protest that, too.

GUTFELD: That's what they used to say about Obama, remember?

(CROSSTALK)

GUTFELD: Trumps immigration order was a 9-11 style crisis reaction without a 9-11.

(CROSSTALK)

GUTFELD: So would you prefer the opposite to have a 9-11 proactive action?

(CROSSTALK)

WILLIAMS: There were two guys, I think they were Syrians, in Kentucky, to come in, their fingerprints were found on an IED. He even said we've got to amp up the vetting, and we do.

(CROSSTALK)

FRANCIS: But you're saying because we didn't have a crisis.

(CROSSTALK)

FRANCIS: Because we didn't have a crisis, this is no good. People have to die in order for this to be worthwhile? Is that what you're saying?

WILLIAMS: No, of course not. But I'm saying we have a vetting process. And if you want to make a change, I think Donald Trump could have said to the American people, I think that we need more vetting.

FRANCIS: He did.

(CROSSTALK)

GUILFOYLE: The same thing President Obama did, you just don't like it.

WILLIAMS: That's not true.

(CROSSTALK)

GUILFOYLE: Fact.

WILLIAMS: For what?

(CROSSTALK)

GUTFELD: All right. Coming up.

(CROSSTALK)

GUILFOYLE: Please, Judge Napolitano, he must come in immediately.

(CROSSTALK)

GUTFELD: You know, as a matter of fact, he is going to join us next. As we wait for President Trump's Supreme Court announcement less than three hours away. We'll be right back.

(COMMERCIAL BREAK)

GUILFOYLE: Another very busy day at the White House for President Trump, holding meetings on prescription drug prices and cyber security. Tonight, he will announce his pick to fill Justice Scalia's vacant seat on the Supreme Court at 8 p.m. Eastern. Here to discuss who that might be, Judge Andrew Napolitano. Now, you would be my pick.

ANDREW NAPOLITANO, FOX NEWS SENIOR JUDICIAL ANALYST: Aren't you kind?

GUILFOYLE: But you're here.

NAPOLITANO: Would I be the pick of everybody on this panel?

FRANCIS: Yes.

NAPOLITANO: Wow.

(CROSSTALK)

BOLLING: I don't want you second.

(CROSSTALK)

GUTFELD: Judge, you'll get some mean looks.

(LAUGHTER)

(CROSSTALK)

GUILFOYLE: Way to play it safe. All right. So what do we make of this, he basically said narrowed down to two, if you can tell us about the two choices?

NAPOLITANO: I think the press is right in the narrowing down in part because of intelligence that both of them were spotted in D.C., which is a little rough for the person who doesn't get it, going home tonight or tomorrow. But apparently, they are both in D.C. and apparently, they were both in the White House. Maybe the president wants to interview them right down to the last minute. They are both traditionalists. They are both conservatives. They are both what we call, you know this phrase.

(CROSSTALK)

GUTFELD: White males.

NAPOLITANO: Well, they are both white males.

(LAUGHTER)

NAPOLITANO: They are both originalists, meaning they view the meaning and interpretation of the constitution fixed at the time it was ratified in 1789. At the time, it was amended 27 times later, the judges can't expand its meaning to fit the needs of time, as Justice Ginsberg has argued, nor can judges contract its meaning. It is up to the states to amend it, as they have done 27 times, if they want to change the meaning of the document. Now, that's a shorthand version of what President Trump said he was looking for. In fairness to everybody here and watching, I was a part of the selection process.

FRANCIS: So it's you?

NAPOLITANO: No, it's not me or I wouldn't be here.

(CROSSTALK)

NAPOLITANO: We did not discuss individuals when I was with him and his team. We discussed process, ideas, what buttons to press, what questions to ask.

GUILFOYLE: And you feel very confident about these two choices, that these are the final selections?

NAPOLITANO: I feel confident that these two choices, that either of them will be what President Trump promised, which is somebody in the mold of Justice Scalia. They are different human beings, obviously. We all are.

GUILFOYLE: Sure.

NAPOLITANO: But they both are -- they both fit that mold that he is looking for. I don't know them personally, but I have read many of what -- much of what they have written. They are both pro-gun, I think they are both pro-life, I think they are both traditionalists. I think Judge Gorsuch is a little more skeptical of the government, which appeals to me. I think Judge Hardiman is a little bit more indulgent to the government, which will appeal to the president's conservative base.

GUILFOYLE: All right. So what do you think, Bolling?

BOLLING: Judge, on the timing of this, so we know we are going to get a conservative judge eventually, right, so the Democrats can play games. They can threaten to filibuster, they can delay, they can do -- talk to us about the timing though. If I'm not mistaken, there are a couple of decisions at the bench right now, there is a 4-4 tie.

NAPOLITANO: You know, that's a great question, Eric, because again, when I was with him, and he was the president-elect at that time, that was three days before he was inaugurated. He told me he was hoping this person would be on the bench by April 1st. That is very, very significant. They make a lot of decisions in April. They take cases in April that they are going to decide by June. The Democrats of course are going to try and delay this. I think they are going to try and block it, whether it is payback to the extent that politicians do this to each other -- Merrick Garland or because, in Senator Schumer's view, probably in the collective view of most of the Democrats, either of these two nominees is wide of the mark from what they're looking for.

BOLLING: Because at a 4-4 tie, if they don't get this guy through, one of them through, then the ruling goes back to the lower court. And these -- they would lean left, the decisions at the lower court.

NAPOLITANO: Well, it depends on the decision and which court it came from.

BOLLING: I'm thinking about the transgender bathroom issue and then a couple religious freedom cases.

NAPOLITANO: Yes.

BOLLING: They would go back to the lower court.

(CROSSTALK)

NAPOLITANO: Those cases you are talking about, if undisturbed, would have a final judgment that pleases the Democrats. There may be a reason for the delay.

GUILFOYLE: Juan.

WILLIAMS: Don't forget, Judge, I think it was John McCain and Ted Cruz who said they were fine with eight people on the bench when they thought Hillary Clinton was going to win the election. So, all of a sudden, they are saying no, we are going to force through this nominee. And I would ask you this. If, as we heard earlier -- I guess earlier this week from Senator Merkley of Oregon, that this is a stolen seat, denied the Democrats for nine months.

NAPOLITANO: This is rough language, forced through and stolen seats.

WILLIAMS: That is what Merkley said.

(CROSSTALK)

WILLIAMS: Merkley said he's not going to participate in the seat for the Republicans. How do you respond?

NAPOLITANO: What does that mean? The Democrats are not going to participate or they are going to filibuster?

WILLIAMS: Filibuster, that they will block. The question is do they block this one or when the next one?

NAPOLITANO: That's a great question. This is basically a traditionalist for a traditionalist. So this will bring us back to where the court was a year ago when Justice Scalia was still alive. This is not like replacing Ruth Bader Ginsburg with a conservative. You're replacing one conservative with another.

(CROSSTALK)

NAPOLITANO: So I don't know if they're going to save their firepower.

(CROSSTALK)

NAPOLITANO: But President Trump has said maybe they will get rid of the filibuster. You will like this response from Mitch McConnell. Mr. President, we run the senate.

(CROSSTALK)

FRANCIS: Both of these were confirmed in a lower court with no objections, right. It was unanimous for both. I heard it from Shannon Bream. So I know it must be true. So how do you justify opposing them when they had all Democrats at the lower level?

(CROSSTALK)

NAPOLITANO: I don't think the lower court.

(CROSSTALK)

NAPOLITANO: I don't think the lower court vote indicates at all how they will vote on this because these are the highest stakes there are. Justice Scalia was confirmed 98 to nothing. I don't think he could have been confirmed 5 or 10 or 15 or 20 years later.

GUILFOYLE: What a great point. OK. Greg, do you have anything interesting?

NAPOLITANO: This is the interrogation I fear the most.

(CROSSTALK)

GUTFELD: How hard is the job, really, do they really need to wear the robe? I imagine it is hard when you're using the bathroom, but you have to keep taking the robe off to go to the bathroom.

NAPOLITANO: They will take the robe off.

(CROSSTALK)

GUTFELD: I would hope so. I'm wondering what a typical day is. Is it a hard job? Do you get up, sleep in? If you won a little decision here, you go get lunch?

NAPOLITANO: A friend of mine in the courthouse where I sat was using the bathroom during a fire drill.

GUTFELD: Really.

NAPOLITANO: And had to go outside wearing just his robe.

(CROSSTALK)

NAPOLITANO: I won't give this person's name. He is no longer among the living. Do they take the robe when you use the facilities, of course, Greg.

(CROSSTALK)

NAPOLITANO: You move by consensus. The newest person votes first. The chief justice votes last.

GUTFELD: Right.

NAPOLITANO: The chief justice assigns on his side who was going to write the opinion. The ranking justice, seniority, on the other side assigns who is going to write the opinion.

WILLIAMS: That's how we work here. Kimberly writes all of it.

GUILFOYLE: Yes, I do.

(CROSSTALK)

GUILFOYLE: I'm the judge and executioner.

(CROSSTALK)

GUILFOYLE: And I'm going to execute you, little one.

(CROSSTALK)

GUTFELD: You probably wonder what's under her robe.

GUILFOYLE: Maybe I know. Thanks, Judge.

(LAUGHTER)

GUILFOYLE: Tonight at 9:00 p.m. Eastern, reaction to the president's pick.

And ahead, San Francisco becomes the first sanctuary city. They did it again. To sue President Trump over his orders to withhold federal funds from cities that do not comply with U.S. immigration policy. Details next on The Five.

(COMMERCIAL BREAK)

WILLIAMS: Today, San Francisco became the first sanctuary city to file a lawsuit against President Trump over his executive order requiring them to comply with immigration authorities or lose federal funding.

Also today, state lawmakers began considering a bill aiming to make all of California a sanctuary state for illegal immigrants. The senator behind that legislation explains why he's taking action.

(BEGIN VIDEO CLIP)

(AUDIO GAP)

(END VIDEO CLIP)

WILLIAMS: Well, I guess that flipped out on us.

FRANCIS: Maybe he can't make sense.

BOLLING: Yes, he can't make sense.

WILLIAMS: Did you like that?

FRANCIS: I liked that.

GUILFOYLE: Did the mic not work?

WILLIAMS: I don't know, I don't know.

GUTFELD: Uh-oh.

WILLIAMS: But I think the idea is that they're saying, "We're going to protect immigrants as part of our state."

Greg, you disagree.

GUTFELD: Well, California is a sanctuary state for left-wing bozos. You hear about them wanting to leave the union. They want to move out, leave the union.

GUILFOYLE: Go.

GUTFELD: But if that happened, all the good, smart people would leave California. They would move out. There would be no military. There would be no police; and the liberal utopia, which is kept afloat by law and order, would suddenly unravel into a complete chaos. and then we'd have to go back and invade and then split it into two states.

BOLLING: Do you know how expensive it would be if they did? By the way, I'm all for that. Secede, California.

FRANCIS: Yes, great. Exactly.

BOLLING: But the cost of the wall. Do you know how much it would go up? They'd have to go, you know, from the southern Mexican border right all the way up and then right along the northern border of California.

WILLIAMS: I think it was Texas that was threatening to secede under Obama. Right?

BOLLING: That's right.

FRANCIS: But this would be perfect. I was actually thinking about the wall myself. That would make sense. They could wall off California around Arizona, Nevada, go up over the top there. And wall themselves in. Then we would send no federal money over the top of that wall...

GUILFOYLE: Well, that's the point.

FRANCIS: ... into California. They could support themselves. They'd be thrilled. They'd be thrilled.

WILLIAMS: I think they'd come out on top in the deal.

(CROSSTALK)

GUTFELD: I love California.

GUILFOYLE: And what did you say?

FRANCIS: They'd love it.

GUILFOYLE: What did you say? All the smart people would leave there.

FRANCIS: No.

GUILFOYLE: I did. Maybe not.

FRANCIS: I don't know about that, because Silicon Valley, I mean, you've got a lot of people in Silicon Valley that I think are kind of talking out of both sides of their mouth. They act like they're very liberal, and they go out there and they say these in their corporate retreats and stuff, and "We're going to hate Trump," and blah, blah, blah. And then secretly they're actually talking to him, because they're trying to make deals and they're talking about bringing jobs back to the country. And they're having it both ways.

If you erected the wall, and they were on the other side, they would have to choose. So that could be very interesting.

GUILFOYLE: Well, now they're, you know, in bed with Eric Holder. Have fun, have fun. So all they want to do is obstruct, and they want to go against anything that this president puts forth.

But California -- new for you -- doesn't get to pick and choose which federal laws they'd like. And then they don't get to just go ahead and get, like, barrels of federal money to support their wayward mismanagement of the economy in California. I mean, I've got news for you. That's that.

WILLIAMS: I think California has a surplus of contribution to the taxes in the United States because of Hollywood and Silicon Valley.

GUILFOYLE: California is constantly out with the tin cup, needing help, because they don't manage it properly.

FRANCIS: Rainy day fund.

WILLIAMS: Well, but let's go -- but I wanted to go with you, Kimberly, to the heart of this issue.

GUILFOYLE: San Francisco.

WILLIAMS: You have New York City. You have Chicago. You have the biggest states in the country who say they want to remain sanctuary cities, and that means not cooperating with law enforcement on certain requests and not asking people about their immigration status if they're arrested.

Eric, is this right?

BOLLING: Hundreds of millions of dollars that the feds could hold back. Per city.

WILLIAMS: Yes, but again, it has to be limited. It has to be limited and directly relevant.

BOLLING: No, Reuters did a study.

GUILFOYLE: There's ways to do it.

BOLLING: It would definitely have -- be a challenge, whether it's constitutional or not. But the amount of money -- and Reuters did a study -- I think in New York it was somewhere around $600 million...

WILLIAMS: Right.

BOLLING: ... that they could be at risk if they decide to stay sanctuary. Chicago was 300 million.

WILLIAMS: Yes, but it's not -- again, it's not -- but it's not so much money that you -- that people would say -- and this is what we're hearing from the mayors -- that they would defy their values and their principles and give up some of these illegal...

FRANCIS: They've said, "Keep your money," which I think, terrific. I mean, let's keep our money. Let's go through with this. They say they don't need the money. They're going to stay a sanctuary cities. I mean, that's what you're saying, that they're saying it's not worth defying their values. Fantastic. I mean, we could really favor...

GUTFELD: What are their values? Have you been...

FRANCIS: Not sending them back out to these cities.

GUILFOYLE: Go ahead, Greg.

GUTFELD: I was just going to say, I've talked to a bunch of people from the Bay Area. California has a lot of rich people, and it's going to hell. I mean, it stinks. If you're in San Francisco, every street stinks.

GUILFOYLE: No, it's gross.

GUTFELD: It's becoming an open latrine.

GUILFOYLE: The Civic Center, it's disgusting.

GUTFELD: And so it's like, they talk about values. They don't even have the guts to clean up their own city, because they think it's politically incorrect to tell somebody do stop urinating in front of their stoop. There are families that have to deal with that stuff every day, because the politicians are wimps, and the rich people there are just happy to be in their -- in their estates.

Pelosi has got a nice estate. It's well-watered. She doesn't have to see the crap that literally goes on.

WILLIAMS: All right.

GUILFOYLE: Have a divorce, immediately.

WILLIAMS: Well, now you know what Greg thinks. I mean, boy. Greg, as some would say...

FRANCIS: Take it right back to the bathroom again.

WILLIAMS: Effective letter to follow.

Directly ahead, the White House fires back at President Obama for chiming in on President Trump's travel order. That's next. Don't miss it.

(COMMERCIAL BREAK)

BOLLING: Well, President Obama warned us he might -- we might be hearing from him as a private citizen. Ad he couldn't stay quiet for even two weeks on his successor's policies. Through a spokesman, he put out this statement on President Trump's extreme vetting order to keep America safe. Go. "American values are at stake. The president fundamentally disagrees with the notion of discriminating against individuals because of their faith or religion."

Now, it's not discrimination, because it's not a Muslim ban, Mr. President. But the White House fired back.

(BEGIN VIDEO CLIP)

KELLYANNE CONWAY, COUNSELOR TO DONALD TRUMP: He's welcome to say what he wants. It's a free country, including for ex-presidents. You know, when you're as powerful as an ex-president or a current sitting senator; and you say or do anything they could possibly mislead people into believing that something has an impact and effect that it clearly does not, it's a dangerous game.

(END VIDEO CLIP)

BOLLING: Yes, Greg -- wow, that's a weird nexio. I just blew -- blew it right up.

President Obama, in less than two weeks, 11 days, I think it was it took him to weigh in. Can he play golf or something?

GUTFELD: Well, no, you know what's amazing about this is he's criticizing exactly what he did before! He stopped -- he identified these countries. He stopped Iraq refugees from being processed for six months, and nobody cared. He should be actually condemning himself.

This is all virtue signaling. He is, like, trying to let everybody know that, you know, we're still morally superior to the Republicans, these evil Republicans. But he's wrong. He is absolutely wrong, and he knows it. And it was kind of lazy on his part.

WILLIAMS: It wasn't a ban, Eric. I mean Greg. Greg. I got it, I got it, I got it.

GUILFOYLE: Loose relationship with the facts.

WILLIAMS: Very different...

GUTFELD: This wasn't a ban either!

BOLLING: President Obama said based -- discriminating based on race or religion.

FRANCIS: Yes.

WILLIAMS: Yes, there was concern that the seven countries were Muslim majority countries.

(CROSSTALK)

GUILFOYLE: What about all the ones, the Muslim countries that aren't involved?

BOLLING: Well, we talked about this a little bit yesterday.

WILLIAMS: We did. We did.

BOLLING: He did. He did from...

WILLIAMS: He did not. He said -- he said, "We have a question about vetting, and we are going to look at it and try to increase it."

BOLLING: But then he stopped -- the Syrian influx. He completely shut it down for six months.

WILLIAMS: No.

BOLLING: According to Rand Paul he did.

FRANCIS: I think he's at home enjoying all this. Because he reminds me when I go visit one of my kids' classes, there's this kid in the front, and he's got his hand up. He's like "Call on me! Call on me! I want to talk. I want to talk."

He used to be the guy calling on everybody. Now President Obama is at home. No one is calling on him. He's raising his hand like crazy. He's losing his mind. I mean, he's out there talking to the gardener every day. Just complaining. Like out on the front lawn.

GUILFOYLE: That's what I said. He loved it, President Obama, being president.

GUTFELD: I just thought he had to say it.

GUILFOYLE: And now this is about ego and narcissism, and he just wants to put it out there and say he's better, even though this is a list that he put together. I mean, it's so hypocritical. That's the problem.

BOLLING: How about be accurate? How about just be accurate, President Obama? Just be accurate, right?

GUILFOYLE: ... see through it.

BOLLING: Throw in an opinion but when you throw -- when you add the inaccuracy. Look, the president fundamentally -- this is him, himself. Fundamentally disagrees with the notion of discriminating against individuals because of their faith or religion. There is -- I read that order. There was not one mention.

WILLIAMS: You can't -- you can't come to the conclusion on your own? "Oh, gee, these are Muslim majority countries."

GUTFELD: There are Muslim majority countries that aren't on the list. You know what this is?

WILLIAMS: How about the countries not on the list are the ones doing business with Trump?

GUILFOYLE: Juan's doing this on purpose.

GUTFELD: ... has such government as you can deal with.

GUILFOYLE: Juan, nobody is doing business in those countries. They are failed states. Nobody is opening up...

GUTFELD: Let me make a point. Let me make a point.

WILLIAMS: Go ahead.

GUTFELD: It's about the media. The media has -- doesn't like the new boyfriend, President Trump, and so they're going back to see the old boyfriend, which is President Obama.

WILLIAMS: Let me just say, this is wrong to attack the media. It wasn't the media that were out there this weekend protesting. Real America...

GUTFELD: ... Obama's commentary.

WILLIAMS: I think what was upsetting about Kellyanne Conway's comment.

GUILFOYLE: They would never protest.

WILLIAMS: She basically -- remember when Bannon said the press should shut up? Well, I think Kellyanne is now saying this president, the former president shut up...

FRANCIS: That's what presidents when do.

GUILFOYLE: Bannon said that they should listen, Juan.

FRANCIS: That's what presidents do, though. When they leave office, they give the other person time to settle in...

WILLIAMS: I agree.

FRANCIS: ... to see what they're doing before stepping out instantly and saying this. Which by the way, Eric, this statement could have been unrelated to what the president was doing. He's saying he fundamentally disagrees with the notion of discriminating against individuals because of faith or religion. So do I. That makes all kinds of -- that has nothing to do with what's happening here.

GUTFELD: Yes, it has nothing to do with it. They've been talking about something else.

FRANCIS: Right.

GUTFELD: Exactly.

FRANCIS: I think he was talking about something else. Yes.

WILLIAMS: I see. It's a widespread perception of the American people. I think that's why there was chaos this weekend.

GUTFELD: It was the safer...

BOLLING: Does anyone think that possibly some of the protesters, A, were paid; B, were organized; and then, C, the media, of course, jumping on that bandwagon. When you see a camera, it's going to attract more people, Juan.

GUTFELD: They got to the airport so fast. And it's not like they go to the airport often. Let's face it.

WILLIAMS: Yes, boy, talk about deriding your fellow Americans with whom you disagree with.

GUTFELD: Well, I would imagine if I called them deplorable.

WILLIAMS: Whoa!

GUILFOYLE: President Obama is upset, because President Trump has revoked all of his horrible executive orders that he put in. So he's not happy.

BOLLING: We've got to go. When "The Five" returns, some final thoughts ahead of President Trump's Supreme Court announcement coming very soon. Stay with us.  

(COMMERCIAL BREAK)

FRANCIS: In just over two hours from now, President Trump will announce his nominee for a lifetime position on the Supreme Court. This decision is an extremely important one to Americans. More than one in five voters told FOX News in election exit polls that Supreme Court nominations were the most important factor in deciding their vote.

Eric Bolling, it was great producing to send both the nominees to D.C. so that everybody is like "I saw them, I saw them." All day long, people have been saying, "I know for sure it's this one. I've got it 100 percent." And then somebody else says 100 percent it's the other one. It would be even better television producing to pick neither of them.

BOLLING: Yes, and say something like, "Get to the chopper." I'm kidding.

So here's -- here's, like, this quirky thing that's going to go on. So whoever Donald Trump picks and then do the Democrats go ahead and try and block, filibuster, delay? There are nine senators who are up for reelection in '18 in states that Donald Trump won, and most of them won handily. Bill Nelson, Joe Donnelly, McCaskill, Tester, Heitkamp, Brown, Casey, Manchin, and Baldwin.

If you're going to push back so hard, and some of these states Trump won by more than 40 percent.

GUILFOYLE: Right.

BOLLING: So you're going to push back hard. Your constituents want Trump's Supreme Court nominee, likely.

GUILFOYLE: Payback.

BOLLING: But you're going to be a filibuster? You're going to be a roadblock? That's a big decision they're going to have to make.

FRANCIS: Juan.

WILLIAMS: I don't think that's the issue right now. I think it's the politics of '18 are going to be interesting, because I think it's possible you have future nominees for this court that President Trump would have to put in place. So this is going to be an ongoing fight as long as Trump is in the White House.

I would say with regard to the two leading candidates, you said maybe they just pick an X-factor. Bring in someone else.

FRANCIS: I said that.

WILLIAMS: You said that. Well, I think the two X-factors here are a woman, Diane Seitz, I think from Wisconsin. And then an even more conservative nominee would be Bill Pryor from Alabama, who's a real hard right-winger.

But I -- you know, I kind of like Hardiman. I know that right now the smart money seems to be on Gorsuch, but I kind of like Hardiman. You know why? Because he'd be the first Supreme Court justice right now who's not from an Ivy League school. So I'm all for the underdog.

FRANCIS: There you go. Kimberly.

GUILFOYLE: Drove a cab to support himself.

FRANCIS: It's a tough -- it's a tough decision for Democrats, because they sit there and look at it and go, "This isn't the fight you would necessarily pick, because it's replacing Scalia," and we made that point a little while ago, that maybe later...

GUILFOYLE: Traditionalist.

FRANCIS: Yes, maybe down the road, you want to look for the one that's replacing somebody who's further to the left. At the same time, how do you resist a big fight at this point? Because everybody gets juice from a fight. If you look at what happened with the A.G., so she gets fired. Her speaking fees went through the roof. I mean, immediately, she's going to be, like, the next celebrity on the left.

GUILFOYLE: What an opportunist. She took an oath; she didn't follow it. I mean...

FRANCIS: She's a folk hero now on the left, though.

GUILFOYLE: ... somebody like that. I guess. So she did it for her own opportunity and career advancement. And put instead of national security and following the law that she swore an oath to take. Disgusting.

As for this, there's millions of Americans, conservatives, Republicans, moderate Democrats, that voted for President Trump, because they wanted to make sure that Hillary Clinton did not pick the next United States Supreme Court justice. I believe the president will not disappoint tonight those people that voted and came out to support him; and he will make an excellent choice. And both of those two that are rumored would be outstanding.

WILLIAMS: Do you think he's just changing the conversation to get away from the immigration argument?

GUILFOYLE: No, because this was scheduled. Nice try, Juan.

WILLIAMS: No, it wasn't. This was a change. It was scheduled to be Thursday.

FRANCIS: Right. I want to ask Greg about the robe.

GUTFELD: Robes. No, you know what? He should pick Mike Judge. Then it would be Judge Judge.

You know what bugs me about this whole thing? This is the first time in history that I'm older than both of the potential nominees.

FRANCIS: That's annoying.

GUTFELD: I'm older by a year; and that means that if I had tried a little bit harder and maybe had gone to law school.

GUILFOYLE: Been a little cleaner...

GUTFELD: Yes, if I hadn't...

GUILFOYLE: A little less deviant.

GUTFELD: If I hadn't spent that year in Tijuana.

FRANCIS; That one night.

GUTFELD: Seems like a night. Those were some good times.

GUILFOYLE: The control room is like "Get out."

FRANCIS: OK. Well, that was fun. "One More Thing" is up next.

(COMMERCIAL BREAK)

GUTFELD: Time for "One More Thing." Let's go to this, all right?

(BEGIN VIDEO CLIP)

GUTFELD: Greg's Disgusting News.

(END VIDEO CLIP)

GUTFELD: Now, if you have children in the room, I would suggest you have them leave. If you have any grandparents who might have heart conditions, get them out of there right now.

Let's go to Seattle to the Woodland Park Zoo. What you're seeing right now, it's horrifying: four baby otter pups beginning to open their eyes for the first -- otter pups. Otter pops are what you suck on when you're a child. These are actually otter pups. Don't mistake the two. If you mistake an otter pup with an otter pop, you could be in for some serious scratching.

GUILFOYLE: Hasta la vista.

GUTFELD: But anyway, there's some new pops at the zoo -- pups at the zoo. They have three older sisters. Kind of like me.

BOLLING: How dare they? The living conditions.

GUTFELD: I know.

BOLLING: Squeezed in, all five of those.

GUTFELD: It's you, Eric,.

BOLLING: Pups and a mom.

OK, liberal outrage misplaced. Let's call it this way. We talked about the 109 people inconvenienced, foreign nationals coming in inconvenienced at the airports.

What about the 140 cops that were killed last year? How about the 424,000 unemployed vets? Where's the liberal outrage over that, or the 39,000 vets who are homeless right now, or the 33,000 -- more than 33,000 people who died from opiate overdoses in just the last year alone. I don't see the left crying foul about any of this. I hear about 109 conveniences at an airport.

GUTFELD: Nice.

WILLIAMS: You know, I don't like to argue here, but I think American values are also at stake.

GUTFELD: Oh, please. American values.

BOLLING: Value the vets and the cops.

GUTFELD: Kimberly.

GUILFOYLE: OK, thank you so much.

GUTFELD: You're welcome.

GUILFOYLE: So I want to pay tribute to one of our fallen heroes, an amazing warrior from the -- he was chief special warfare operator William Ryan Owens. He was 36 years of age and became the first American killed in the year's-long fight against al Qaeda in the Yemeni branch. President Trump on Tuesday had a conversation with his family, expressing the condolences and gratitude for his service. And if you recall this, he was killed during a raid at this al Qaeda facility.

Very sad to see that he lost his life trying to preserve our lives and liberties. And four other service members were injured in the raid. We want to thank him for his service. And all the best. Our hearts go out, prayers to his family.

GUTFELD: Well done. All right. Juan.

WILLIAMS: I've written about the Emmett Till case in my award-winning book "Eyes on the Prize." The story is infamous. It involves a 14-year-old black boy who was murdered. His badly beaten body appeared on the cover of magazines. But the murder occurred, the attack occurred because he allegedly whistled at a young white woman in Mississippi.

But now, 62 years later, a new book reveals that Till was falsely accused. In the new book, Carolyn Brian admitted that the little boy he never made advances at her when she was 21. In the book called "The Blood of Emmett Till" by Timothy Tyson, Carolyn Denham, now 82, admitted, quote, "not true." Until she passed away in 2003, Till's mother, Mamie Bryant (ph), continued to draw attention to her son's slaying and the fact that no one was ever convicted for his murder.

GUILFOYLE: So sad.

FRANCIS: All right. Well, I'm going to attempt to follow that with something light.

WILLIAMS: OK.

FRANCIS: Yikes. All right. So everybody knows the Super Bowl is Sunday. It's in Houston. How fantastic. We all want to go, and that's why hotel rooms there are $340. Did you know, Greg...

GUTFELD: What?

FRANCIS: ... that it is actually more expensive if you want to go to Punxsutawney for Groundhog's Day? A hotel room there fetches $450 more to go watch that animal right there.

GUTFELD: All for the beaver.

FRANCIS: The very next day, drop 300 bucks, down to 150.

GUTFELD: You know, my show is going to be there at the Super Bowl in Houston.

FRANCIS: No, you've going to Groundhog Day. They just didn't tell you that.

GUTFELD: No.

FRANCIS: They told you Super Bowl, but it's -- actually, you're going to see the groundhog. You know who shouldn't go to the groundhog?

GUTFELD: Who?

FRANCIS: Bill de Blasio. Because you know Staten Island Chuck?

GUILFOYLE: Murderer. Murderer.

FRANCIS: Murdered by -- by de Blasio. He dropped it. He says...

GUILFOYLE: Dropped it, then he died.

FRANCIS: They tried to cover up for him.

BOLLING: Very quickly, another number we found out today. Warren Buffett admitted that he sold $12 billion worth of stock going into the election thinking Hillary Clinton was going to won -- win.

FRANCIS: Bought it up.

BOLLING: He bought up $15 billion worth of stock after the election. Did very well for yourself, Mr. Buffett.

FRANCIS: Good trade.

GUTFELD: All right. It was. OK, set your DVR so you never miss an episode of "The Five." That's it for us. "Special Report" is up next.

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