Source: White House not likely to appeal 9th Circuit ruling

This is a rush transcript from "The Five," February 10, 2017. This copy may not be in its final form and may be updated.

ERIC BOLLING, CO-HOST: Hello, everyone, I'm Eric Bolling along with Kimberly Guilfoyle, Bob Beckel, Dana Perino and Greg Gutfeld. It's 5 o'clock in New York City and this is "The Five."

"See you in court." Those were the first words from President Trump after the Ninth Circuit Court of Appeals upheld a block was upheld on his travel ban last night. Today he vowed to fight on during a news conference with the Prime Minister of Japan. Listen.


DONALD TRUMP, PRESIDENT OF THE UNITED STATES: We are going to keep our country safe. We are going to do whatever is necessary to keep our country safe. We have a decision which we think will be very successful with that shouldn't have taken this much time because safety is a primary reason. One of the reasons I am standing here today, the security of our country.

The voters felt that I would give the best security. So we'll be doing something very rapidly, having to do with additional security for our country. You'll be seeing that sometime next week. In addition, we will continue to go through the court process and ultimately I have no doubt that we'll win that particular case.


BOLLING: You heard him say he'll be taking more action next week to keep America safe. Here's more from the president earlier.


TRUMP: We will be extreme vetting, which is a term that I developed early in my campaign because I saw what was happening. There are tremendous threats to our country. We will not allow that to happen. I can tell you that right now. We will not allow that to happen. We will not allow people into our country who are looking to do harm to other people. We will allow lots of people into our country that will love our people and do good for our country.


BOLLING: And just about nine minutes ago, our senior White House correspondent John Roberts sent out an urgent e-mail saying a White House source tells Fox News the White House will likely not appeal the Ninth Circuit's 3-judge panel decision to either an en banc session of the Ninth Circuit nor will it likely file an emergency appeal with the Supreme Court.

The plan is to fight it out in the U.S. district court in Seattle in the merits of the executive order. Now, KG, the merits. Now, we should note that the Court of Appeals did not decide on the merits of the executive order. They decided on whether they had standing or not.

KIMBERLY GUILFOYLE, CO-HOST: Right. So, this is actually a very good move. I think his part because I think he knows and understands what the outcome especially since this decision was 3-0. So I'd like to say that this is throwing the Ninth Circuit a little bit of shade, legal shade.

He is not going to even address it, follow up with them. He's going to pursue a different path that they feel will be more successful and have a better outcome, which I think from the strategy standpoint is smart. This is no surprise. See I called it on "O'Reilly." I said there's no shot that the Ninth Circuit Court of Appeals is going to say the travel suspension was OK.

So they were going to find a way to take it down. I mean, the only possibility was maybe if it was a 2-1 decision, but they were unanimous so obviously he's going to take it elsewhere.


DANA PERINO, CO-HOST: Well, judicial setbacks are nothing new for presidents. This one unfortunately has played out early on in the first -- taken a lot of the oxygen for the first two weeks of the first 100 days. And I thought that what the president was saying today in the press conference meant that they intended to withdraw the deal as written, resubmit it in a way that was tighter and one that would be able to withstand it, any of these judicial push backs, but maybe that is not the case.

Whatever the administration thinks is necessary -- they think the policy is necessary to protect the country then I think I wouldn't worry too much about a setback in the court. I don't think that means you're a loser or anything. I just think it means he got to find a better way to get it done and if they think that's through the district court in Seattle, I guess they can try that.

I just think that it wouldn't be bad to re-submit it in a way that was just a little bit tighter and doesn't include that green card language in the initial draft. That would actually make it much more clearer.

BOLLING: Your thoughts Greg.

GREG GUTFELD, CO-HOST: I was watching this unfold last night and what was weird to me was watching on other channels how giddy the press was. To them, they treated it not as a news story but as a win. It was a win. It was like they were -- when they were interviewing people it was like they're talking about the moon landing. Like, how did you feel when you first saw this? What was it like?

And I started to think OK, like, what excites the media so far since the election? The Woman's March against the election? They were excited over that. They were excited over the protest against the executive action. They were excited over the circuit ruling just last night. So, do you notice a trend here?

They are actually the opposition alongside the other opposition. Yes, but I want to make another point because everybody is saying what's wrong with this travel ban. The reason that they this use is that it aids jihadists through recruitment. This is the same thing they said about Gitmo. And because we're talking about national security, you better be damn sure that you have evidence that it aids recruitment.

They have never shown that a travel ban or Gitmo aids in recruitment. But what we do know is the -- your adversaries always say that whenever you go after your enemy, that helps your enemy. So what they're trying to tell you is, please, be a sitting duck, don't do anything, let us come and kill you, death to America.

BOLLING: Bob so, the Ninth Circuit Court of Appeals decided not on the merits of the executive order. They decided that Washington State would be harmed if this travel ban were to stay in place and that's basically saying that some unnamed person from another country who is not even a citizen here somehow not getting to the State of Washington was going to harm the state.

Trump is pointing out that they will fight this out on the merits of the executive order. Alan Dershowitz is no fan of Donald Trump, this morning said, "on the merits, the executive order will probably stand up."

GUILFOYLE: Obviously.

BOB BECKEL, CO-HOST: First of all, is he en banc meaning on vacation?


GUILFOYLE: You're looking at me.



BECKEL: It doesn't, OK. Listen --

GUILFOYLE: But you did read some of your research today.

BECKEL: I did. I did.

GUTFELD: And while you were doing that --

BECKEL: And one thing I read -- interesting was "The Wall Street Journal" and Charles Krauthammer. Both them said it was hastily written, it was not vetted within the administration. They deserve what they got, that it was bad policy.

But on the merits of the law that it will win and ultimately, if you read the statute, I hate to say this but it's true, it says the president does have the right to decide who can come in and out of this country, and he depends that on national security.

So in the end, I guess on the merits, it is going to go in his favor. But in the meantime, it has taken up this thing he said, all the oxygen. I mean these guys have an amazing ability to step all over their message.

BOLLING: Dana, so the point being, when the Supreme Court has to decide on the merits of the executive order not on the standing that Washington State found on.

PERINO: Well, yes, if they decide. There's a lot of different paths that they could take. It depends on what the -- but the district court says, in Seattle, you might even have something else. You know, as you pointed out the other day, the New England judge in this circuit was like, well, we're good. This ban looks fine to use.

So, it just takes a long time. That's why I do think that there are things that could be done under the secretaryship (ph) General Kelly, who could do some of these measures without having to do an actual executive order that you can just do at the Department of Homeland Security without.

So again, I just go back to, if you think that the policy is necessary to protect the country, do whatever that path that is most direct because I think that one of the best things, and that's kind of just how I try to live my life, which is the less drama the better.

GUTFELD: Really?

PERINO: Yes. I don't want drama in my life. I want to be able to focus on like --

GUILFOYLE: What do you do in bed?

PERINO: -- on the very important stuff. I ask myself that a lot.


BOLLING: Can I just add --

PERINO: Well, I didn't think that if he had -- if the policy is good and sound, there are ways to do it and that you'd -- where you won't get media hysteria and then you get that done. And then you can talk about tax cuts and the infrastructure bill and Obamacare repeal and replace and bringing jobs back to America, and establishing good foreign relations with people like the Prime Minister of Japan. All of those things matter a lot more than a judicial setback.

BOLLING: So, here's a thought. This is another avenue that the Trump administration could go. They could continue, they can defy the Ninth Circuit Court of Appeals decision and continue the travel ban. They can literally instruct our borders to uphold the travel ban and then likely the Supreme Court would get in their lap a lot sooner. Now KG --

GUILFOYLE: I think the Supreme Court would reverse the Ninth Circuit --

BOLLING: Is it strong enough -- right. So, is it strong enough for --

GUILFOYLE: -- 80 percent reversal rate, by the way.

BOLLING: What's wrong with that strategy?

GUILFOYLE: The ninth circuit. I mean, you could try that.


GUILFOYLE: Yes, it's risky, but right now, I think they're trying -- they'll be trying to be a little bit risk-averse and say what is the best like, let's figure it out from a legal perspective our best chance right now given the current composition of the U.S. Supreme Court, given what happened with the Ninth Circuit. I think this is quicker for them to be able to get this done than just appeal the Ninth Circuit. Although I want to say that --

BOLLING: -- for the travel ban back in order. By the way, Greg, 800 refugees since the travel ban was stayed by that court.

GUILFOYLE: But they may try and do vote.

GUILFOYLE: -- 800 refugees --


BECKEL: If they had taken the time, you pointed out, if they sit back and now look and decide what's the best way to go, if they've done that in the first place, they wouldn't have the trouble they're in now. But these people just can't seem to keep their mouth shut and can't seem to not put out one of these things every other day.

Look, he is sitting there with the premier of Japan. His be big deal is trade. Is there any one country that's more important in Asia for us than Japan, I don't know what it is. And not one single thing came out of that press conference except this circuit court --

PERINO: I'll tell you what came out that was really good out of that press conference, the photos. A lot of this is all about visual and the story, and that you have president Trump now, I would say arguably his best friend on the world stage at the moment, is Prime Minister Abe. That's not a bad picture to have. I think if you care about storytelling that was a good one.

BECKEL: Yes, but that would not be --

PERINO: But can I go back to something? Eight hundred refugees from those seven countries have entered America in the last week.

BOLLINNG: -- have entered since the stay, yes, 800. (INAUDIBLE) on them, but yes.


BOLLING: Syria, 300 or so, 200 from another -- but all of them from those seven travel ban countries.

GUTFELD: The interesting irony here is that what the critics of Donald Trump are accusing Trump of doing, they're actually doing. He's talking about trying, as a bouncer -- he's working as your nation's bouncer, trying to get the bad eggs out of the good eggs. What his critics are doing is they're actually combining the bad eggs with the good eggs.

They're saying like him going after radical Islam is going after all of Islam. He's being Islamophobic. He's going after Muslim countries when in fact, he is trying to be, you know, hypercritical, hyper, you know, vetting for the bad guys.

So they are actually the bigots. They were saying like if you're against terrorism, you're against Islam. That's actually an incredibly bigoted statement.

PERINO: Especially when most terrorist attacks are in Muslim --

BECKEL: He's a bouncer at the morning breakfast buffet and it should be late in the day when they really need a bouncer.

GUILFOYLE: Oh, thanks for that. I'm sorry.

PERINO: I was just saying that most -- further to your point, Greg, most victims of terrorism are Muslims.

GUTFELD: Are Muslims, exactly.

PERINO: So, that doesn't, you know.

BOLLING: So here it is and this is concerning to me. I saw and read it. I'm reading -- "refugees admitted since the travel ban was halted on February 3rd, Syria, 359, Iraq, 252, Somalia, 130, Sudan, 32, and Iran 109. Libya and Yemen, zero. But 800 or so --

PERINO: It's a lot.

GUILFOYLE: It's a lot.

BOLLING: -- and it is quite a bit.

GUILFOYULE: I don't see us going over any place else in those numbers, but I'm American so.

BOLLING: And stay with us. You know who else is making a strong case for president Trump's travel ban? The President of Syria. Stick around for that.


PERINO: Welcome back. President Trump is going to keep fighting. He is confident he'll get a court to reinstate his travel ban, warning again today there are tremendous threats to our country. One of the world's most notorious terrorists, President Bashar Al-Assad is confirming our fears apparently, that terrorists are streaming out of his country. He said this about refugees.


UNIDENTIFIED MALE: How many of these refugees, in your view, are aligned with terrorists?



AL-ASSAD: Definitely. You can find it on the net. If for instance those hose terrorists in Syria holding the machine gun or killing people, they're (INAUDIBLE) refugees in Europe or Western Europe. You know that's true.



PERINO: And listen to this. Retired U.S. Marine who just got back from Iraq describing what would have happened to him if he had left his compound.


UNIDENTIFIED MALE: They said the locals would snatch me up and kill me within an hour. I'd be tortured first and after they were done torturing me, I'd probably be beheaded. Maybe that's something you all need to think about back there. This is the way that these countries feel about Americans. Why would you be so naive to believe that if they came to the United States, they would do anything any different?


PERINO: All right, let's unpack that, Greg. Where do you want to start? Bashar Al-Assad?

GUTFELD: This is like the Frankenstein monster segment. It's like they took things that shouldn't be together and jammed them together while they were drunk.

GUILFOYLE: Wait, what are you saying about our producer.

GUTFELD: Yes, I'm just saying I can't believe we're relying on Assad's opinion for something. But I'm just going to pretend I didn't see that. That marine, his message, is common sense. In these days, common sense as kind of considered, I don't know, deviant.

I think he should be reprogrammed at a local college. This is what's amazing to me about a guy like that. He knows what not being in a safe space is, like, he goes to the unsafe spaces and he risks his life for this country. Meanwhile, on campuses, there are whiners demanding safe spaces on campuses and they make it hard for that guy to do his job.

BECKEL: Yes, well, here's -- the fact of the matter was, Americans had no trouble walking around Iraq before this order came out. You don't think that has something to do --

PERINO: Oh, wait, Bob.

BECKEL: What? No. I'm telling you --

PERINO: I would say that --

BECKEL: We had thousands and thousands of contractors over there who walk around all the time.



BOLLING: He wasn't talking about the order came up.

BECKEL: What are you talking about?

BOLLING: He was talking about that that was the risk to him walking around Iraq prior to the order. The order came down two weeks ago.

BECKEL: Yes, I'm not sure that I miss --

PERINO: I would also (INAUDIBLE) just to blame somebody else.

GUILFOYLE: Bob, we got to put this --

BECKEL: Can we talk about this --

GUILFOYLE: -- President Obama.

BECKEL: Just taking a quote from Bashad Ashir (ph) -- Assad rather, is like taking a quote from Hitler about why people wanted to leave his country --

GUTFELD: That is a good point.

BOLLING: So why didn't your buddy, President Obama get rid of Bashar Al- Assad when he say he was going to do when he (INAUDIBLE) the red line. He violated the red line.

BECKEL: Because he teamed up with your pals the Russians, who are not trying to get rid of ISIS. They're trying get rid of the diplomacy --

BOLLING: Wait, wait, Obama teamed up with the Russians?

BECKEL: No, no, no. Your guy is teaming up with the Russians.

BOLLING: Oh, my guy.


PERINO: Remember Obama teamed up with Russian spy.

BECKEL: No he didn't.

PERINO: Yes, I remember John Kerry said, OK, Russia, knock yourselves out.

BECKEL: If you look at where the Russians have been bombing --

PERINO: No, I agree and you know I'm not a fan.

BECKEL: They were bombing Assad's opponents and --

PERINO: But that should be all that -- that was John Kerry.

BECKEL: Of course we wanted Russia in the fight. What we thought Russia was going to do the right thing, tell the truth.

PERINO: But that's not President Trump's fault.

BECKEL: Which is what they found when he told Donald Trump.

GUILFOYLE: OK, well, the problem is Bob, there's just one problem with everything you said. There's absolutely no causal link between the executive order and what was just said here by this marine, you do realize that, right? --

BECKEL: No, that's his opinion.


PERINO: But Eric, I do think --

GUILFOYLE: There's nothing that --

PERINO: -- the marine would agree that there is a difference between some of the people may be that are in Iraq that have helped us as interpreters or in the war effort, that he would separate those out from people --

BOLLING: I mean I would think so --

PERINO: I mean, you saw, actually I saw the three --

BOLLING: -- trillion dollars, yes.

PERINO: One of our soldiers who had returned actually paid for his interpreter to able to get here during this intervening time and the travel ban is off. That was really great.

GUTFELD: That was one of my favorite segment of the whole week.

PERINO: It took me until Eric's tease (ph) to realize.

GUILFOYLE: What was really happening to you?

PERINO: It's Facebook Friday. If you have a question for us, go to our page, post it now, Up next, some moronic commentary from NBC's Brian Williams on whether you can trust President Trump, that's next.


GUILFOYLE: President Trump warns us not to trust the dishonest press. A new poll indicates Americans don't. They trust him more. Forty-nine percent find this administration to be truthful. Only 39 percent say the same for the media.

Meanwhile, here is some rich irony. One of the most infamous fake news broadcasters in TV history, NBC's Brian Williams, devoted an entire segment on his show this week to blame the conservative media for covering for President Trump. Here was his guest.


CHARLIE SKYE, RADIO TALK SHOW HOST: Why does he lie? Because he can. Because anyone who corrects him, he will say, that's the opposition. That's partisan. And then he will have the, you know, Breitbarts of the world, the Drudge's of the world, the (INAUDIBLE) of the world, provide him with air cover.


GUILFOYLE: Then Williams, who was suspended for six months for lying to his viewers, chimed in.


BRIAN WILLIAMS, NBC SHOW HOST: Just this week, there are now folks who believe we pick and choose terrorist attacks to report on. There are now folks who believe that murder rate is at a 47-year high. It is not, but the president said it was today. It's not.


GUILFOYLE: All right. So, very interesting, right Greg. What do you make of this, Brian Williams?

GUTFELD: Well, you should have left out that part where he was talking about taking out an ISIS training camp with a toothpick. He was on his way to do that segment.

GUILFOYLE: Oh, pretty sure.

GUTFELD: He pulled like a hundred of them but we didn't talk about that. You know what it is, he's mad because finally the right is acting like the left. Because the left-wing media that had been playing fast and loose with the truth about global warming, about race, about police brutality --


GUTFELD: -- the Iraq war, even free-market economics trickle-down, whatever you want to call it. They made stuff up. Now the right is doing it, and they learned from the very best. Brian Williams.

GUILFOYLE: Aha. All right, Dana.

PERINO: I don't know if that is a badge of honor though.

GUTFELD: Well, I know, I'm just being, you know.

PERINO: No, I get it. I think there's --

BOLLING: Consistent.

PERINO: -- there are levels -- there are different levels of information that is floating out there. So, like conspiracy theories about 9/11 truthers (ph). That's ridiculous. The ridiculous conspiracies about Sandy Hook. I think that there are just different levels.

GUTFELD: Degrees.

PERINO: I think that some of what happens on conservative talk radio or here at Fox News offends people because they disagree with it, not because it's not true. But there are different -- there places where you can find stuff that is absolutely made up on the left and the right.

BECKEL: Well, certainly that is true. First of all, I think it's amazing that they make this a pro Trump as usual, a pro Trump segment when in fact the truth (INAUDIBLE) on the press was much worse than this before Trump got elected number one. And 48 percent of the people think the administration is untruthful. They've been here for three weeks. Forty- eight percent think they are untruthful? Are you kidding me? It took, I mean it took -- I can't even think -- Richard Nixon two terms to get that.

GUTFELD: So you're saying Trump outperforms Nixon.

BECKEL: That's right, he does. Well, and I think we'll end up saying what (ph), but that's not the point. Forty-eight percent say you're not telling the truth.

GUILFOYLE: And 53 percent say that the news media is untruthful.

BECKEL: And it was higher than that last summer.

GUILFOYLE: OK, well, I mean obviously not us.


GUILFOYLE: OK, so Eric, I mean, obviously.

BOLLING: Brian William is finding the time after Sunday Super Bowl and he's calling plays in Tom Brady's helmets, to writing the opinion for the Ninth Circuit Appeals Court when he was right there. How does he have time to come up with these -- lobbing these grenades at Trump? Here is the point, glass houses, don't throw stones. Here's s a surprising number, 39 percent think the press is truthful. I mean I think that number is extremely high.

BECKEL: As high than it was last year.

BOLLING: Yes, it's really high. Maybe it's because --

GUILFOYLE: It's alarmingly high.

PERINO: Even Congress' numbers have gone up. So maybe everybody is in a better mood.

BOLLING: Feeling better. See, Trump fixes everything. He fixed the media and Congress.


BECKEL: He sure did.


BECKEL: After he was untruthful, but he got it done. Get her done, buddy.

BOLLING: Where did you get those suspenders?

GUILFOYLE: I know, but he has, what, the election --

BECKEL: Some people on twitter got to me and said, you're so bad on Trump, you're the devil. You should wear black so, I wore black.

GUILFOYLE: No, this is what you wear when you're gambling --

GUTFELD: How do you know it's clean if it's black?


BECKEL: That's a good theory about black shirts, Greg. How do you know what is underneath that sweater?

GUTFELD: I can show you later.

BECKEL: No thanks.

BOLLING: They're like one --

GUILFOYLE: We're actually going to be with him later. We are. We are. We're going with (INAUDIBLE) He's like talking about dry cleaning and dirty shirts and whatever.

GUTFELD: All right, what else can we say positive about Donald Trump based on this information?

GUILFOYLE: The media --

GUTFELD: I think Donald Trump is the greatest president that we'd ever had and we'll ever have until the day the Earth ends, OK. Just putting it out there.

GUILFOYLE: Consensus. Take a vote.


BOLLING: Do you honestly not see the correlation between this truth or untruthful among us 50-50 to the supporters?

GUILFOYLE: The election. And how about the election and what happened?

BECKEL: If I were a pollster, it should be in the Oval Office -- Mr. President, nearly half the country thinks you're not telling the truth, which is true. And that it's more than half time -- is it half time?

BOLLING: If Hillary were president right now, what do you think the number would be?

BECKEL: She's not, and you can't go back to -- Don't dig into that hole, man. It's over.

GUTFELD: This is the tweet. She tweeted last night after the Supreme Court -- the circuit ruling. It was so sad. Like, go play with your grandkids.

BECKEL: That's what people say about you.

GUILFOYLE: Kellyanne Conway, yes.

BOLLING: She tweeted back at her. She tweeted to Kellyanne, "3-0." And Kellyanne got her back with "Wisconsin, Michigan."



BECKEL: Kellyanne, was she filming an advertisement for the--

GUTFELD: You're not invited to the party. Don't stand outside and look in the window. You know, go find another party.

GUILFOYLE: Why? You do that all the time.

GUTFELD: Well, only at your parties.

GUILFOYLE: That was at my apartment. Party of one.

All right. Next, Bob has steam coming out of his butt over the process to deliver President Trump his border wall.

BECKEL: You're in big trouble with that one.

GUILFOYLE: I don't know, whatever. He had some words for the president. I think some of it is in Spanish. Pablo espanol? Stay tuned.



BECKEL: An update now on that big beautiful wall our president promised to build on the Mexican border. He may have gone to Wharton, but trust me: President Trump's no math whiz. Here are some of his wild guesses on the cost of his wall.


TRUMP: Well, it's $8 billion. And I'm taking the price per square foot and the price per square -- you know, per mile, and it's a very simple calculation.

Maybe $10 or $12 million. And it's going to be a real wall. It's going to be a high wall.

It's going to cost $10 billion to build the wall, OK?


BECKEL: I think he initially started out at $4 billion. Now, we're hearing some very different numbers. Reportedly, from Trump's Homeland Security Department that the price tag could go as high as $21.6 billion.

And, by the way, it probably is going to take over three years to build if they ever build it, which they won't.

Mr. Trump, we the taxpayers aren't going to foot this bill, and Mexico ain't going to give you one peso to build your stupid wall. You got that, hambre?

GUILFOYLE: Hombre. Hombre.

BOLLING: Hombre.

BECKEL: Hombre, whatever it is.

BOLLING: That means friend, man. "Hambre" means hunger.

GUILFOYLE: Hunger. Got it, hungry?

GUTFELD: If we Americans foot the bill of all of your left-wing liberal programs for the past 40, 50 years, why do you care if we foot this bill? I mean, I don't want to pay it either, but I don't understand.

BECKEL: Because I don't think--

BOLLING: Here's why it doesn't matter if it's 4, 8, 12, 20, 21 points, because Mexico is--

GUILFOYLE: Mexico is going to pay for it.

BOLLING: And by the way, you know why the price keeps going up?


BOLLING: Every time Mexico and Pena Nieto says, "We're not paying for the wall," it goes up 2 feet higher.

BECKEL: Now you tell me -- can you tell me in two sentences how it's going to get paid for by the Mexicans?

BOLLING: I told you. You can leave a dollar off the price of oil that you pay them. Put it in escrow, make them pay it over the next ten years.

GUILFOYLE: He missed that. He was not here.

BECKEL: OK. Well, let me ask you, Dana, what's your view about Mr. Trump and his wall and how it looks from the standpoint of, say, of public relations?

GUTFELD; Great question.

PERINO: Great question. So I would imagine that the people at the Department of Homeland Security are going to get a call from the White House that says, "Why don't you just wait a minute before you start speculating how much it might cost until we have all of our cabinet in place."

And in fact, I think that Donald Trump would be well within his rights to say to the media that his first 100 days should not actually -- the clock should not start on that until his cabinet is confirmed. Because you have a lot of people all across the government who are unable to actually get into their jobs. There's three more going to be confirmed, I guess, by Monday.

But anyway, that saying -- that said, General Kelly has been there. He's been there about a week. Like, before you start throwing cost estimates out there, why don't we just wait a second and find out? Because President Trump has also said during the campaign and, I think, in the transition, that when people think wall, they think, like, one solid thing all the way across. Well, there might be some places where that actually doesn't make sense. Just because of the--

BECKEL: Yes, just because of mountains and a reservoir.

PERINO: Right, or a river. So then there might be something that you can do differently. So I would wait on the cost estimate.

BECKEL: Well, let me ask you--

GUILFOYLE: I have to break this to you, Bob.


GUILFOYLE: The wall is getting billed.

BECKEL: The wall is not getting billed.

GUILFOYLE: Most assuredly.

BECKEL: I'll tell you, I'll bet you the most extreme bet you can have.


BECKEL: We'll talk about it later.

GUILFOYLE: I will spend the rest of my life with you--

GUTFELD: What's he get?

GUILFOYLE: -- if that wall does not -- I will.

GUTFELD: That is a hell of a bet.

GUILFOYLE: In the most unholy of unions.

GUTFELD: If the wall doesn't get built, you guys have to get married. That's the bet.

BECKEL: I can't break that story yet. Listen, K.G. has been quiet about this. She asked me not to say anything, and I'm not going to say anything about it.

GUTFELD: You can get married at the wall.

GUILFOYLE: And Mexico is going to pay for it!

GUILFOYLE: This is a true story. Every time I go to Mexico, I get engaged. It's like the weirdest thing.

BOLLING: And do it on New Year's Eve.

GUILFOYLE: Oh, perfect. Thanks, Bolling. Try to opt out.

BECKEL: Exactly where the country is going with this wall, everybody is laughing at it.

GUILFOYLE: President Trump, please. Please, I'm begging you, build the wall.

BECKEL: No, this wall won't be up.

BOLLING: The question is how high it will be.

BECKEL: I'll tell you, a better chance of buying China's wall and bringing it over here than you're going to get--

GUILFOYLE: God help us. All right.

BECKEL: It is mind-boggling.

PERINO: It might be for sale.

BECKEL: OK, all right. Now, let's go now to the White House correspondent John Roberts with some new information on how the Trump administration plans to proceed following the 9th District ruling.

GUILFOYLE: 9th Circuit.

JOHN ROBERTS, FOX NEWS WHITE HOUSE CORRESPONDENT: Bob, good afternoon. And Bob, my first opportunity to say, welcome back. Good to see you back here.

BECKEL: Thank you, John. I appreciate that.

ROBERTS: Talking to a lot of people inside the White House. Things are moving very quickly. This morning they were weighing their options after the decision of the 9th Circuit Court of Appeals did not issue a stay against the temporary restraining order that was put in place by Judge James Robart of the federal district court in Seattle.

They have decided that they are not going to appeal that particular ruling solely on the issue of the temporary restraining order. They were considering going back to 9th Circuit Court of Appeals for what's called an en banc hearing. That would be 11 judges to hear the same case, basically, that they presented to the three-judge panel, or they could file an emergency appeal with the Supreme Court just down the street. They've decided that they are not going to do that.

So what they're basically going to do is leave in place that temporary restraining order. They're then going to go back into federal district court in Seattle and fight the case on the constitutionality of the president's extreme vetting executive order of a couple of weeks back.

In addition to that, the president, on Air Force One just a short time ago, said that he is considering writing a new executive order on extreme vetting. We've been talking about this today. And that would potentially put in a special specific carve-out for people who are legal permanent residents of the United States and maybe people who are already in the country on temporary visas, and allow them to leave the country and come back. Because you'll remember, a big problem was created. People who had already been in this country, left the country. The executive order was put in place before they came back, and they could not get back into the country.

So they're working on some language, and we don't know if they're going to issue it, but they're working on potential language for a new executive order on extreme vetting.

In addition, there are some other executive orders out there on national security, one of which would, for an indefinite period, keep Guantanamo Bay open. And some other things out there that we may hear about early next week.

So the president taking the weekend at Mar-a-Lago in Florida with Japan's prime minister, two rounds of golf, by the way, that they're going to play, one in Jupiter at the Trump National, one at West Palm Beach at Trump International. And then they'll come back and continue to work on national security.

BECKEL: All right, John. Thank you very much. And it's nice of them to leave during the snowstorm.

All right, "Facebook Friday" is up next.

GUILFOYLE: Screaming.



GUTFELD: I bet you danced to that. "Josie and the Pussycats."


GUTFELD: "Facebook Friday," we've got your questions here. It's going to be great. All right. Kate C.: "Back in high school, were any of you voted for any of the typical senior yearbook superlatives?" i.e. like "Most Likely to Succeed" and that? Let's go this way, Perino.

PERINO: I can't remember.

GUTFELD: You were "Most Absent-minded."

PERINO: Most likely -- most likely to sit on a cable news show. I can't remember.

But you know what the other sad thing for me is that, when I was in graduate school, and then I left in a hasty fashion--


PERINO: -- after I graduated. I left Illinois, went back to Denver, I think I left my high -- my senior yearbook in Illinois. I don't have it.

GUTFELD: You want me to go get it? Yes. I'm sure we could find a viewer that could go and get it right now.

PERINO: 1990 if anyone has one. (UNINTELLIGIBLE) High School.

GUILFOYLE: It's going to show up.

PERINO: Go Mustangs.

GUTFELD: I bet you had a killer haircut in the 90s.

PERINO: Oh, it was terrible.


PERINO: Actually, it kind of looked like today.



PERINO: It all comes back around.

BOLLING: Being that I went to a Jesuit high school, all boys, we really didn't do that type of thing. Most likely to. It's just, "Hey, good luck. See you later." So no.

GUTFELD: Bob, most likely to what?

BECKEL: Not make it through college. Of all the people who were going to college, Bob is the most unlikely.

GUTFELD: Really? Did you drop out?

PERINO: No, that's not true.


PERINO: In your yearbook it says that?

BECKEL: Yes. Some shmuck who was -- he was a little punk who was the editor of the yearbook.

PERINO: What's he doing now?

BECKEL: Who would be editor of a yearbook? Think about it.

PERINO: I love editors of yearbooks.


PERINO: Because I love organizing.

BECKEL: Like play stickers and football and they're, like drum majorettes.

PERINO: But yearbook editor--

GUTFELD: Who was the guy -- like, did you beat him up on a regular basis?

BECKEL: Running down the street -- football fields with his thing going up and down?

GUILFOYLE: Oh, gross. What?

GUTFELD: I bet you were most likely to succeed, right?

GUILFOYLE: Most likely to succeed, most courteous, and best eyes.

GUTFELD: So you had three! So that means there were two people at home crying. "Just give it to Kimberly." "Give it to Jane." "No, give it to Kimberly." I bet Jane's very depressed. Kimberly has better eyes.

You had most courteous?

GUILFOYLE: Yes, I won that every year, by the way.

GUTFELD: Wow, that's pretty good.

BECKEL: Who voted for that, your family?

GUILFOYLE: No, they weren't allowed to vote. It was the student body.

GUTFELD: I was most likely to be involved in a series of--

PERINO: I was the student body president.

GUTFELD: Now she's bragging. Now she's bragging.

BOLLING: Most likely to be involved in a series--

GUTFELD: Of disappearances.

BOLLING: Involved. Involved.

GUTFELD: They haven't caught me yet. That's why I keep moving.

All right. This is Steve L. Congratulations on being student body president. Wow. All right. "If you rubbed a genie lamp, and the genie gave you three political wishes, what would you wish for?" Kimberly.

GUILFOYLE: Three political wishes?


GUILFOYLE: Resurrect Ronald Reagan?

GUTFELD: Very good.

GUILFOYLE: Does that count as one? I think that will be a very good one. Resurrect Winston Churchill. And I'm going to throw in Margaret Thatcher.

GUTFELD: Wow. So you have three -- three of the undead running the world. It would be amazing.

GUILFOYLE: I like it.

BECKEL: Essentially "Return of the Living Dead." That's what that is.

GUILFOYLE: The living awesome, Bob.

BECKEL: Awesome. If I had three it would be -- well, I would like to see Roosevelt come back. I think that would be great.

PERINO: Politicians?

GUTFELD: No, wishes.

BECKEL: I also would like to see Democrats and Republicans finally realize it's good politics to get along. It's not good politics to be polarized like this.

GUILFOYLE: Well, what do you do? What do you do?

BECKEL: I polarize with you.

GUILFOYLE: Time out for Bob.

BECKEL: What, courteous? Great.

And the third one was, I hope that Eric -- I hope Eric runs for the Senate of New Jersey, which he's going to do, by the way. That's a secret.


BOLLING: That's a tough place for a Republican to win, New Jersey.

GUILFOYLE: That's so cute.

PERINO: You never know.

GUILFOYLE: We'd move to New Jersey and vote for you, Bolling.

BOLLING: You know, Bill Nelson is up in 2018 in Florida.

GUTFELD: That would be fun.

BOLLING: It's too soon.

We would rub the bottle and a genie comes out, and I get wishes?


BOLLING: Massive tax reform, repeal Obamacare, and build a wall.

Guess what? Trump!

GUTFELD: You have a genie! You have a genie!

BECKEL: We have a genie, that is how it will get done, too. That is what Trump is going to need, a big genie.

GUTFELD: All right. What are your three political wishes?

GUILFOYLE: Bob had four.

PERINO: I would ask for a balanced budget. That's actually the first piece of legislation that I ever worked on as a staffer. I remember that. A flat tax, and a return to civility.

GUTFELD: That would be nice.

PERINO: Back to the Victorian age.

GUILFOYLE: Why don't you pick another one?

My three wishes are, one, free ice cream. Two--

PERINO: That's Bernie Sanders.

GUTFELD: -- free puppies, and No. 3, three more wishes. Thank you.

GUILFOYLE: Can I take one of your wishes?


GUILFOYLE: I will take it anyway.

GUTFELD: I'm a wish hoarder.


GUTFELD: But we don't have time.


GUTFELD: A wish hoarder.

GUILFOYLE: Kill them.

GUTFELD: We have time for this from Gloria. Look at this, terrible. Let me start with you, Bob. Gloria G. asks, "What is your favorite Valentine's Day gift?"

GUILFOYLE: Don't answer.

PERINO: Your favorite to get.

GUTFELD: Why, Dana? Why from you?

GUILFOYLE: It's always the innocent looking one.

PERINO: I don't know what I said!


BECKEL: I've lost -- I've lost track of her.

PERINO: What did I say?

GUTFELD: I don't know! It's just the way you said it.

GUILFOYLE: I know what it's wrong with it.

BECKEL: My favorite Valentines gift is a woman that I can't find anymore. She took off.

GUTFELD: That's nice. It sounds like a country song.

BECKEL: It was a great gift, came with a bow on it. Everything.


BOLLING: I ignore--

GUILFOYLE: Eww. What are you talking about? Are you talking about a blowup doll? What are you talking about? No.

K.G., favorite Valentine's Day gift. I know it's going to have four wheels.

GUILFOYLE: No, that's usually for Christmas, remember?

GUTFELD: Yes. You got a car for Christmas.

GUILFOYLE: Yes, I got an Aston Martin. Then I got a Mercedes. Then I got another Mercedes. And then -- so for Valentine's Day--

BECKEL: There's three guys laying on the street who just proposed to you, you ran over to them.

PERINO: In Mexico.

GUILFOYLE: You're next. You're next.

Yes, no. Let's see. What else? Valentines, to be honest with you, I love champagne and I love chocolate and dinner.

GUTFELD: We've got to go, they're yelling.



GUTFELD: And? Wait, Dana.

PERINO: I'm wondering, is this a gift that you want to give or you just want to get? I would say that my friend Tim Chase bought his wife, this year, a Rhodesian Ridgeback puppy. Michelle Chase is now the proud mother of a cute little puppy. I would say that's the best Valentine's Day gift.

GUTFELD: Oh, great. So people are going to go buy pets for Valentine's Day. That's a bad idea.

PERINO: That is what people do.

GUILFOYLE: I got a Russian--

BECKEL: -- hairless cat.

GUTFELD: That's my favorite gift, the hairless cat. We've got to go.

GUILFOYLE: Russian dwarf mice.

GUTFELD: They're so delicious. They're delicious.

"One More Thing."

GUILFOYLE: Had a lot of babies.


BOLLING: Time for "One More Thing," and Bob's first.

BECKEL: Well, you know, everybody around this table has written a book. And you just found out that I wrote mine, but the Beckel Institute, which I'm very proudly the CEO of, did a poll on which book has been bought by more people in the country who tend to be Republican. And here's the final tally. I want you all to know this: right here, Perino, 25 percent; Guilfoyle, 20 percent; Gutfeld, 2 percent; Bolling, no percent; and Bob Beckel, 97 percent. Do we have a picture of that?

GUILFOYLE: Where does he get this stuff?

BOLLING: Does that come from the Beckel Institute?

BECKEL: There you go.

BOLLING: Add those numbers up.

BECKEL: No. That's where you're wrong. That's why you've never understood me. It is all one person at a time.


GUILFOYLE: Did you just--

BOLLING: Let's move on.

GUTFELD: We've got to plug. We've got to plug things, Bob.

BECKEL: We've got to plug. Kimberly and I are going to be on Greg's show tonight. We're going to blow it up.

PERINO: I saw this cute thing last night on the Internet, as we call it. Canadian police officer responded to this call, and said, "There might be a problem." It turns out they were having a dance contest. And check him out. He was like, I can do that. So he's a hip-hop dancer. And there was something bad said.

GUTFELD: Wow. This is a little risque for you, Dana.

BOLLING: Can we see the body cam footage of that? Awesome to watch.

PERINO: I thought that was cool.

GUTFELD: I guess so.

BOLLING: OK. So tonight, make sure you watch "The O'Reilly Factor." Hosting it. I have Kellyanne Conway. I'm going to ask her about the three big stories of the day: about the travel ban, you know, the appellate court pushing back on the travel ban; about General Flynn and whether or not he had a conversation with the Russians prior to Donald Trump being sworn in; and also her issue with the Ivanka Trump clothing line and whether or not Donald Trump has addressed it, as well. So make sure you watch that tonight at 8 p.m. Don't miss that one -- K.G.

GUILFOYLE: All righty. It's time for another exciting edition of--


GUILFOYLE: Kimberly's Food Court


GUTFELD: You never get it right.

GUILFOYLE: Everyone loves the picture. No one cares if I get it right.

All right. Thank you, Dana Perino for sending this to me. And this involves science. Food scientist Steven Weatherly explains why Doritos are so addicting. What do I do with these, Dana?

PERINO: You and your son eat them at night in bed.

GUILFOYLE: In bed. Correct. So she knows this from way back.

Now, the red powder is very high in salt and sugar, two major pleasure solutes. What are you laughing at? And not only this: it has these acids, and it makes your saliva kind of get excited in your mouth. And then it tastes better.

And then this is what happens, Bob. Your brain is excited by the sensation of biting into a hard substance that quickly dissolves. This is also an example of vanishing caloric density, where food seems to disappear in your mouth, tricking your brain into wanting more.

PERINO: Eating more and more.

BECKEL: What does the person in bed think about all the crumbs? Does it bother him?

GUILFOYLE: No one complains.


GUTFELD: No one complains. If they've made it there, Bob, they'll take the crumbs.

All right. Tomorrow night, "The Greg Gutfeld Show," 10 p.m., I'm going to have two very special guests. One of them is Kimberly Guilfoyle bringing her chips. Bob Beckel will be there. He'll be bringing God knows what. And we've got a Baldwin brother. We've got my favorite Baldwin brother. Stephen Baldwin will be there.

GUILFOYLE: What could go wrong?

GUTFELD: What could? A lot is going to go wrong. Also, Kat Tampf is going to be there. It's going to be a mess like you've never seen it before. Ten p.m.

PERINO: No Tyrus?

GUTFELD: He got snowed in.


BECKEL: I must say--

BOLLING: Set your DVRs so you never miss an episode of "The Five." That's it for us. "Special Report" coming up in five, four, three --

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