This is a rush transcript from "The Five," May 8, 2017. This copy may not be in its final form and may be updated.
KIMBERLY GUILFOYLE, CO-HOST. Hello, everyone. I am Kimberly Guilfoyle along with Juan Williams, Jesse Watters, Dana Perino and Greg Gutfeld. It's 9 o'clock in New York City, and this is the "The Five."
Former President Obama just can't help himself. His presidency was one of the most politically divisive times in modern American history. But in his speech last night in Boston, the former commander-in-chief seem to have a convenient case of amnesia when he lectured about the current political climate.
(BEGIN VIDEO CLIP)
FORMER PRESIDENT OF THE UNITED STATES BARACK OBAMA: Our politics remains filled with division and discord. And everywhere we see the risk of falling into the refuge of tribe, and clan and anger at those who don't look like us or have the same surnames or pray the way we do. And at such moments, courage is necessary. At such moments, we need courage to stand up to hate, not just in others but in ourselves.
(END VIDEO CLIP)
GUILFOYLE: Obama was speaking at the John F. Kennedy library to receive his prestigious profile encourage award in part for his leadership in passing Obamacare. The House, of course, last week nearly voted to repeal and replace major parts of that law.
Listen to Obama response to that development for the first time.
(BEGIN VIDEO CLIP)
OBAMA: This great debate is not settled but continues. And it is my fervent hope and the hope of millions, that regardless of party, such courage is still possible. That today's members of Congress, regardless of party, are willing to look at the facts. And speak the truth. Even when it contradicts party positions.
(END VIDEO CLIP)
GUILFOYLE: OK. Dana, we get some reaction. What do you think? It's interesting to see him now speak about this especially what's going on, you know, in the news right now. Repealing and replacing large portions of Obamacare and then he is receiving this award.
DANA PERINO, CO-HOST: Right. So he was up seeing for a while because he took some time off. You know, I would -- I guess I could say well-deserved time off. Every former president has a choice to make, right? So, how are they going to shape their like? Will they be an active participant in that or they let other sort of take the lead?
I think that President Obama obviously wouldn't turn down an award like this. He could have waited another year if he wanted to but I think that he thinks he is the best person to try to protect his legacy. The contrast of his speaking style, President Trump is so stark. And we are almost three minutes into the show before we start talking about it because it takes a while for these words to get out.
The interesting thing also about him needing to protect his legacy is remember we learned in that book that just came out that Amie Parnes and Jonathan Allen put out about the Hillary Clinton campaign. And on election night they said Hillary Clinton, when she talked to President Obama, she said I'm so sorry. And the reason is that she was hopefully going to be in position for the Democrats to defend President Obama's legacy. And now she's not able to do that. She is still fighting the last war. She's still blaming everybody as we talked about last week. So he has to be the person.
Interesting thing is the divisiveness -- I don't know who you going to blame for that but you can't just blame the current situation. And this has been going on for a long time. And Obamacare was certainly one of the most divisive things that ever happened. And the last thing I say is he continues to lecture rather than persuade and it gets annoying a little bit because you think, well, we actually have problems that we need to fix with this law. It's not perfect. And it doesn't take a profile encourage award to admit that. Actually the more courageous thing is to say this law actually does need some -- to be fixed.
GUILFOYLE: Yes. Deeply flawed especially if your whole goal and intention is to include all Americans and make sure that they have coverage that is affordable and competitive and OK (ph). Greg, you seemed particularly moved by his comments.
GREG GUTFELD, CO-HOST: Yes. I was either moved or it was not. I don't miss the pacing of his speech. Probably, he talked about undoing a legacy. I mean, talked about taking a war that was winnable and actively losing it because you didn't like the previous president. And talk about the vision.
He was -- President Obama mastered the art of the two idea prison. If you didn't agree with him, you were evil. And everything that he did was the right thing to do. It was the right thing to do. So, if you disagree with him on climate change -- you want the planet to die, if you disagree with him on immigration, you would destroy families. If you are against him on Obamacare, you wanted sick people and children to die. There was no halfway point with President Obama.
His idea of compromise was to agree with him. Or you were evil. And then he uses these catch phrases about tribes and clans as if those were negative but they were fine. The tribes were fine when they backed him with all identity politics. Let's face his tribal and identity politics got him elected. And for decades, there were Americans --
GUILFOYLE: And keep them popular.
GUTFELD: Yes. They're Americans both Democrats and Republicans who pleaded with the left for a united idea, an American idea. But there were roundly mocked by progressives on campus, in entertainment, and in media by identity coaches. So the idea that somehow this division just somewhat popped out of nowhere -- this is a progressive idea that is less than -- since the '60s and it's -- Trump didn't win because Republicans were tribal. He won because the left was tribal and everybody just got tired of it.
GUILFOYLE: It worked for him but he doesn't like it now. But what did you make in terms of the award and his comments, because people have been anticipating him coming out to the public and giving some kind of remarks and so the first time.
JUAN WILLIAMS, CO-HOST: Well, I was struck by the fact that he was so low-key about it. He never mentioned Donald Trump. He never mentioned the health care law. What he did was he spoke about the need for courage. Remember, he is -- he was celebrating at the Kennedy library the 1957 book profiles encouraged by President Kennedy.
When you have senators who took steps, took measures in the Senate that led them to some pain at the ballot box, and that's what happens to people who backed Obamacare as Democrats, who paid a price, lost office in many cases. And he was saying that today we could use that kind of courage where people coming together and actually fix and repair, make possible good health care for all Americans. To me, I think this is good news and I don't understand all this harping. I mean, by the way, Obama wasn't elected on the basis of identity politics. In fact, lots of white Americans voted for Barack Obama --
GUTFELD: Why did they vote for him?
WILLIAMS: Why? Because guess what?
GUTFELD: Because if they didn't, they were racist.
WILLIAMS: No. You know, that's in your head. But it's not --
GUTFELD: No, that was in the media.
WILLIAMS: No.
GUTFELD: There were people on networks saying that if you didn't vote for President Obama you were racist.
WILLIAMS: That's not true.
GUTFELD: I think we can pull off the tape so --
WILLIAMS: But that's not telling. That's more like an anecdote. That's not the reason. The reason why a lot of people remember, he said he opposed the war.
GUTFELD: Yes.
WILLIAMS: Yes. I think that was a big issue. I think we are going to --
GUTFELD: And he let all that achievement blown away.
WILLIAMS: I disagree.
(CROSSTALK)
JESSE WATTERS, CO-HOST: He basically coming out and saying the Democrats need to fight this resistance hard against the Trump White House and all of his bigoted tribal supporters, because we need to save my legacy. And I need even Republicans in the Senate and House to fight on my side.
WILLIAMS: Oh my god.
WATTERS: But it's all about President Obama. He loves the spotlight. It's always got him. And he is the only one that can save the country. And he's the only one who can lead this charge. If I were a Democrat, I would not be listening to President Obama. President Obama has led the Democrats to historic losses.
(CROSSTALK)
WILLIAMS: Nobody could make a target out of Trump. He is flawless, according to Jesse.
WATTERS: Well, anybody looks flawless comparing to President Obama. Listen, they loss so badly under President Obama. And think about this, you've touched on it perfectly. You said, he always sets himself up to be the leader of this progressive movement. Anything against that movement is bad. What achievements internationally have we done well? I mean, I think all of our enemies right now are emboldened in the Obama presidency. Economically, worst recovery since the Great Depression.
WILLIAMS: Terrible.
WATTERS: These relations are worst.
WILLIAMS: We have the economy --
WATTERS: I don't see a lot of things -- well I mean, the stock markets going on --
WILLIAMS: Oh my gosh.
(CROSSTALK)
GUILFOYLE: But Jesse that's a $400,000 speech.
WATTERS: Even the Democrats are criticizing going back to Wall Street one.
WILLIAMS: Yes, yes.
GUTFELD: That's probably the only $400,000 speech you wish was over really soon. Right? You want a price per word --
PERINO: No, that speech last night he gave for free.
GUILFOYLE: No, but that's his going rate going forward. I mean, that's what he kind of get. That kind of (INAUDIBLE).
PERINO: So I think to what -- an interesting thing would be if you're actually talking about profiles encouraging politics today would be for both sides, it's actually to be honest about what they really want. So the left, what they really wanted was a single-payer program. They want basically socialize medicine like they have in Europe that they idolize.
The right, what they really want -- if they are being honest -- is a fully free market system --
GUILFOYLE: Yes.
PERINO: -- because they think that would be the best way to lower the prices. Neither side is actually doing that because that's not where Americans are necessarily. They are like, well, we want a little bit of this, a little bit of that in trying to figure it out. So Obamacare actually was not the most courageous thing that they could do. It's almost like -- the Republicans know how to fix that problem because it wasn't courageous enough. And they still had all of those historic losses.
GUILFOYLE: The Democrats should have gone straight up for what they really wanted.
(CROSSTALK)
GUTFELD: And by the way, you know, he may end up going that way. But when he talked about courage and he was talking about not being afraid to speak truth to power unless he was the power, because remember he had the coziest relationship with the press. I mean, it wasn't a press pool as much as it was a harem (ph). And I don't think he seem to mind that nobody bomb (ph) him. And I was saying, you know what, you've got to keep this guy honest, Donald Trump. You've got to keep him honest. You got to gain (ph) from this like -- but, you know, with me, you know --
WILLIAMS: Yes. So you somehow forget that Scoot gate (ph) called the Republicans who said we're going to do everything to obstruct and stop and we're not going to cooperate in terms of presenting the best --
WATTERS: Did Republicans boycott Trump's -- did Republicans boycott Obama's inauguration?
(CROSSTALK)
WILLAIMS: Do you ever speak to a topic?
WATTERS: I was talking to you.
WILLIAMS: Let's just talk about --
WATTERS: You brought it up.
(CROSSTALK)
WILLIAMS: Let's just talk about health care for a second. Let's talk about the speech the President Obama gave last night.
WATTERS: OK.
WILLIAMS: Let's talk about what happened -- with the health care plan introduce by Donald Trump that Americans health care --
WATTTERS: Health care is here because Obamacare was a failure.
WILLIAMS: Yes, what a failure. Please --
GUILFOYLE: It is the truth. It's collapsing on its own.
WILLIAMS: No, Republican -- collapsing because of the Republican sabotage.
GUILFOYLE: No.
PERINO: No.
(CROSSTALK)
GUILFOYLE: The Republicans had nothing to do with it. This is what happened. President Obama and his group built this, OK? They built it. It was not sustainable. They knew it from the beginning that they were in a rush to get this through so that they can kind of check the box and the forced the American people to suffer and now Trump going to come in and clean it up.
WILLIAMS: This is all fantasy because the reality is that in fact it's performing better than the CBO said when it was --
WATTERS: Doing great.
(CROSSTALK)
WILLIAMS: You have Republicans who turned away from it. And damaged the ratios in terms of people being insured and then you have people like Marco Rubio who took away subsidies from insurance and then he say, "Obamacare is not doing great."
(CROSSTALK)
GUILFOYLE: One insurance company like a monopoly on it. And it's not affordable for a lot of people with 116 percent in hike (ph) just like even in Arizona.
WILLIAMS: Tried the plan that the President Obama -- the President Trump - -
GUTFELD: President Obama is like the guy who was foiled for eight years and now telling your parents how important it is to discipline your child. He had an easy eight years. He had the easiest life and now he's coming out and telling us how important it is to be tough and strong.
GUILFOYLE: Tough stuff with these profiles and (inaudible).
Coming up, the mainstream media is going wild about a Senate hearing on Russia. Did we actually learn anything new? We're going to tell you what you need to know when "The Five" comes right back. Stay with us.
(COMMERCIAL BREAK)
PERINO: Big news out of Capitol Hill today. Former acting Attorney General Sally Yates and Obama's Director of National Intelligence James Clapper, testified before a Senate committee about Russia's alleged interference in the 2016 election. Democratic lawmakers focused on if Yates warned the White House, that former National Security Adviser Michael Flynn may have been compromised by the Russians.
Now, take a look at how the broadcast networks covered today's news.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Tonight's breaking news. For the first time, former acting A.G. Sally Yates revealing how she warned the White House about former National Security Adviser Michael Flynn.
UNIDENTIFIED MALE: Sally Yates breaks her silence, revealing for the first time how she suddenly alarmed to the Trump White House that Flynn was lying about his conduct, compromised and could be blackmailed by Russia.
UNIDENTIFIED MALE: Team Trump was warned about Flynn. By President Obama in the meeting with the President-Elect and by acting Attorney General, Sally Yates. Because she knew Michael Flynn lied to the vice president.
(END VIDEO CLIP)
PERINO: President Trump criticized the media coverage on twitter writing, "Sally Yates made the fake media extremely unhappy today -- she said nothing but old news.
But joining us now with more is Catherine Herridge, Fox News Chief Intelligence Correspondent. What did you think the news was today, Catherine?
CATHERINE HERRIDGE, CHIEF INTERNATIONAL CORRESPONDENT: Well then I think we knew about the warnings but this is actually the first time the details were flashed out that Sally Yates and Obama administration appointee warned the White House Council three times -- there was a problem because the White House said the incoming National Security Adviser Mike Flynn did not discuss sanctions with the Russian ambassador when the intelligence reports showed the opposite.
(BEGIN VIDEO CLIP)
SALLY YATES, FORMER ATTORNEY GENERAL OF THE UNITED STATES: Not only do we believe that the Russians knew this but that they likely had proof of this information. And that created a compromised situation, the situation where the National Security Adviser essentially could be blackmailed by the Russians.
(END VIDEO CLIP)
HERRIDGE: And Yates who would later lose her job refusing to backed the Trump travel ban so the Justice Department felt the Flynn situation was serious.
(BEGIN VIDEO CLIP)
YATES: We told them that we were giving them all of this information so that they could take action. The action that they deemed appropriate.
(END VIDEO CLIP)
HERRIDGE: The press con (ph) whether President Obama also warned President-Elect Trump not to hire Flynn, the White House spokesman said it was not depriving because Flynn was such a harsh critic of the outgoing administration and then turn the tables.
(BEGIN VIDEO CLIP)
SEAN SPICER, WHITE HOUSE PRESS SECRETARY: President Obama made it known that he wasn't exactly a fan of General Flynn. President Obama was truly concerned about General Flynn why didn't he suspend General Flynn security clearance which they had just re-approved months earlier. Additionally, why did the Obama administration let Flynn go to Russia for a paid speaking engagement and receive fee.
(END VIDEO CLIP)
HERRIDGE: But witnesses confirm that members of the Trump team were identified or unmasked in intelligence reports but offered no new details about who was involved siding (ph) classified information Dana.
PERINO: All right Catherine, thank you so much.
HERRIDGE: You're welcome.
PERINO: Jesse, so this morning, Donald Trump tweeted what the fake news media cover the surveillance story or the interference story or the collusion story. Basically it's like saying what the surveillance story he thinks it's a big story. What the Democrats wanted to do today because they didn't have anything new on that was to try to tee (ph) up so that they can figure out.
So yesterday -- last night -- you had the leak to the media about his apparent discussion that President Obama had with President Trump on that meeting in the Oval Office where apparently he was warned about Michael Flynn.
WATTERS: And the Democrats too, very effectively because with all the broadcast networks that we just played. I mean, they win at that game. They leak well and then the mainstream media covers it. What I took from the hearing today was a little boring.
Two things mostly. There is no evidence of any Trump collusion with Russia.
PERINO: Right.
WATTERS: Number two, there is no impact that the Russians had on the election. And let's remember James Clapper, who he is. He was caught lying to Congress about surveillance.
(CROSSTALK)
PERINO: I mean, I think that that's -- you are doing what --
(CROSSTALK)
WATTERS: There's two other things to learn to. These two people, Obama officials, under oath said this, they unmasked Trump officials, one of them probably was Michael Flynn. And then they disseminated those names to intelligence officials. Now, there's a paper trail we also learned. They will integrate that in great questions. And there's a FOIA request seeking information from Sally Yates' e-mail. So you may find out eventually if these unmasking requests were legitimate and we may find out how it leaked out and that's criminal.
PERINO: Kimberly, it was interesting wording actually. When -- there was a question from one of the senators to Sally Yates about the possible compromising of Michael Flynn. And her answer was that -- my concern was that he may have been compromised, she said my concern was that he was compromised and from a prosecutor standpoint, that seems to me a little bit stronger.
GUILFOYLE: Well, it definitely as a stronger statement because she's actually kind of going out of her way to make an affirmative response to say that she need a conclusion and determination. You would assume based on evidence or facts that she had. So that was her assessment but then on the flip side, you have Clapper saying that there was no evidence of collusion, et cetera. But why is it that she saying that she felt that he might have been compromised. Where are the facts?
PERINO: Those two things would be different though, right?
GUILFOYLE: It could be different but where is her evidence to substantiate that? Meaning -- other than her strong word and specific choice of words, what is she basing that on?
PERINO: Juan, what do you think about the headlines was today?
WILLIAMS: Well, if Sally Yates put on the record with people, I assumed which is that she had not only warned the White House about Flynn -- I mean, the headline is what happened in those 18 days between the time that the White House was told that in fact Flynn was subject to be blackmailed by the Russians because that's the way the Russians operate. They know that they've got this guy lying to the vice president.
What's interesting is the Trump White House, Don McGahn, the White House lawyers then says to Sally Yates -- and by the way, she was in person, it's not over the phobe. She goes to see him. Says, well, what difference does it make if you have two White House officials lying to each other? What's the problem with that? And she points out, hey, this guy is kind of the Russians could use this to try to influence someone who is our National Security Adviser.
Then in second meeting, you guys going to prosecute him. No, says Sally Yates but --
PERINO: OK.
WILLIAMS: -- we want you to know. And no action has taken.
PERINO: Gutfeld for you the hearing was a dud, from the jump?
GUTFELD: I would -- it discourages you from public service. Why would anybody put themselves through hearings that are so grueling? It is like watching a turtle knit a sweater. It's like being stuck in a bank line behind like a really slow, older person trying to explain something to you and impatient -- trying to change $100 in change. It's like you're -- I also like -- I kind of like the fact that Donald Trump is tweeting this because he's like a guy that shouts from his car when somebody cuts him off. It feels good and then he forgets about it but everyone else remembers it. It's just him shouting from his that he got caught up. I like it.
By the way --
PERINO: You do this?
GUTFELD: Yes, I do it all the time. But I -- you know, we need cliff notes for these sort of things. Do you guys remember cliff notes?
WILLIAMS: I remember.
GUTFELD: I'm with them. Cliff notes but -- cliff notes for this hearing. You know, Obama warned them about Flynn. But if you judge Obama's expertise on hiring, on his past hiring, Susan Rice, Hillary, John Kerry, his vetting isn't so inspiring so maybe when he said it was -- that Flynn was bad news, it was alike a reversal -- he thought may be is good news. Walmart greeters went through more scrutiny than what Obama did with these people.
PERINO: Last word, Jesse.
WATTERS: And then real quick, if Yates was so worried about Flynn being potentially blackmailed by the Russians, why wasn't she worried about Hilary being blackmailed by all of our enemies in fact into the e-mails?
WILLIAMS: You know, sometimes I think, wow, how far can you go into the weeds?
(CROSSTALK)
PERINO: We'll find out when we go in this commercial. Because ahead a woman walks into a pool party in Florida and the police are now investigating what happens next. We'll show it to you when "The Five" returns.
(COMMERCIAL BREAK)
GUTFELD: Maybe you saw this disturbing video. We had to blur some of it because there were underage people in it. So, it's a little confusing. But Saturday, an elderly woman and her dogs were brutally assaulted after she asked some partiers in the pool to turn down the sound.
(BEGIN VIDEO CLIP)
(CROWD YELLING)
(END VIDEO CLIP)
GUTFELD: So note the bystanders, what moral champions they are.
So what if she had asthma or a heart condition? How isn't this felonious assault?
Now imagine if the cops had showed up. Would CNN inform us that the honor students were celebrating the successful end of the school year and were then assaulted by the police?
Speaking of police, Broward County confirmed this attack took place in North Lauderdale, Florida. They don't know the woman's condition yet. Of course the media usually helps in such matters -- if it fits their assumptions. But right now they're trying to find the name of the lady who berated a Muslim at a supermarket. No joke. That's the lead on some sites.
So the pool story is not so much about the assault, the story is the lack of a story and how big the reverse would have been. Imagine an elderly, infirm black woman walks into a frat house pool party filled with white crew cuts. One body slams her then chucks her and her small dog into a pool. Now that's not national news. It's international news. Soul-searching and national conversation are the terms that we hear all week. Stephen Colbert shouts, welcome to Trump's America. MSNBC jumps in with both feet. The lawsuits are filed before the woman dries off.
But here that's not the case. Instead, we're the only show doing the story. I guess clearly this woman didn't check her privilege at the gate.
So Kimberly, we got some word that there is a possible update that one suspect turned himself in. What charges could -- I mean, if she hit her head, which she fell and then was thrown into the pool. What is this? Is it just kids being kids?
GUILFOYLE: No, it's not. I think this is so outrageous and so upsetting for me to even watch this. I've prosecuted thousands of cases over the years in L.A. and San Francisco, horrible cases. But can you imagine being in a situation like this? I mean, obviously she went there over with her dogs. She could have been killed.
What if she couldn't swim? You don't know. Or she had a heart condition like you said or something like that. To me this is aggravated assault or an aggravated battery. We could be looking at serious jail time, prison time, multiple years, up to five years and fines.
And I think it should be taken seriously. They showed a total lack of regard whatsoever for her safety, for her, you know, mental and physical and emotional health in a situation like this. It's awful. I mean, this is about as bad as you can be.
GUTFELD: Juan, there have been a lot of, I don't know, too many to count incidences of mob violence, mob looting, mob rule in malls in the last like, I don't know, year. It's hard for the news to cover it because if you cover it, it's as though you are participating in some kind of racial story rather than pointing out that this isn't about race. This is about like lawlessness.
WILLIAMS: Well, I would agree. I think they have -- I forget what the term is where these kids rush into a store and grab things and is totally discombobulates retail. It hurts communities. It hurts communities black and white. But where I disagree with you was I'm not convinced of those immediate racial overlay that has caused media concern.
That could have been me, Greg. I would have been somebody saying, hey, this music is too loud and they would have said, oh man, you know, and then throw me in the pool or something, right. I wouldn't have liked it. I don't think that would have gotten any media attention.
GUILFOYLE: They slammed her to the ground.
WILLIAMS: No, no, they didn't slam her to the ground.
GUILFOYLE: Yes they did.
WILLIAMS: The guy tried to pick her up and he falls.
GUILFOYLE: Juan, wrong. Review the package (ph).
WILLIAMS: I saw the video. But any way, if he slammed her, I don't think he intentionally slammed. I think he picked her up and he fell down. And then they threw her in the pool.
GUILFOYLE: That's not at all the case.
GUTFELD: It should stop there.
WILLIAMS: He should have stopped there but I think the key point is here, that there is a racial overlay because the kids were black but I think those kids were out of control partying. I don't think they were thinking about anybody. There weren't using any racial epithets. Listen, that was --
GUTFELD: I guess what I was trying to get at Jesse was that --
GUILFOYLE: That sounds like making excuses for them.
GUTFELD: -- I'm not talking about the racial aspects there. I'm talking about how the racial makeup's prevents the media from actually looking at this story in the way it looks on others.
WATTERS: Right. There were no racial components of this story. The racial component was how this was covered or not covered.
GUTFELD: Right.
WATTERS: I read all the materials on this story beforehand and that not one story did it mention the race of the woman or the race of the people at the party. Now, we know why portraying white on black incidences is so prevalent. It's because it's so emotionally charged. And with emotion comes ratings and comes profits.
And the Democrats push it because it puts Republicans on the defensive and it fires up their base. I do agree with Juan on one point and I hate to disagree with Kimberly because I'm afraid.
GUTFELD: Yes, you should be.
WATTERS: But it did look like he slipped when he was trying to pick her up and throw her in the pool. That was just my impression. He never should have done it in the first place, but it looked like he slipped. And it could have been much worse.
GUILFOYLE: Oh, my gosh, you guys would be so off my jury. You have no idea.
GUTFELD: Dana, I think -- Dana, this is the problem like, by the way, wherever you go to ask somebody to turn down the music, you never know what you're walking into. You never do.
PERINO: Never want to do it. I know. Believe me when I say --
GUTFELD: And you go to bed at 7:00 p.m.
(CROSSTALK)
GUILFOYLE: You could get shot. People drinking.
PERINO: I can honestly say I've never been told to turn down the music except for (INAUDIBLE) because you hate it so much and the music I like. You know what really sickens me with that --
GUILFOYLE: That says you and I stay up the night playing charades.
PERINO: What's sickening to me is the cheering on and egging on.
GUTFELD: Yes.
GUILFOYLE: Mob.
PERINO: It wasn't like it was just one person who participated in this. They were egging each other on in order to do it and that scares me.
GUTFELD: And somebody ran away rather than helping.
GUILFOYLE: And cheering on afterwards.
GUTFELD: I think the dogs are OK. I don't even -- how shallow are you when you're looking to see how the dogs are? Because that's like --
PERINO: No, I) think that's appropriate.
GUTFELD: Well, no, but I'm just --
WATTERS: Of course you think it's appropriate.
GUTFELD: You worry because you think the dog -- she's going to lose the dogs, like the dogs are gone. I want to know that the dogs are OK.
WATTERS: Dogs are usually a better swimmer than some woman.
GUILFOYLE: Dana has rubbed off on --
(CROSSTALK)
WATTERS: Not that women can't swim.
PERINO: What are you saying?
WATTERS: I'm just saying, you know, all humans can't swim that well. All dogs can swim, right.
GUILFOYLE: Well by the way, the --
(CROSSTALK)
GUILFOYLE: There are charges for that too just so you know. Animal abuse.
WILLIAMS: But you know what Greg, back to all seriousness, that whole little incident --
GUTFELD: Yes.
WILLIAMS: Because you see these mobs of kids and they swarm you. It's very scary.
GUTFELD: Yes. All right. Ahead, Texas enacts the toughest sanctuary city legislation in the nation -- that rhymes. What it means for illegal immigrants and for authorities who won't turn them into the feds, next.
(COMMERCIAL BREAK)
WATTERS: Finally, some action against sanctuary cities. Texas governor Greg Abbott, a Republican, yesterday signed a law that bans sanctuary cities in the Lone Star state.
(BEGIN VIDEO CLIP)
GOV. GREG ABBOTT (R), TEXAS: No county, no city, no governmental body in the state of Texas can adopt any policy that provides sanctuary. Second, what it means is that law enforcement officials such as sheriffs are going to be required to comply with ICE detainer requests. What this law is going to do is to engender greater cooperation between local law enforcement and federal officials so that we ensure that everybody is going to be simply following the law.
(END VIDEO CLIP)
WATTERS: Under the law, cities and counties can be fined over $25,000 a day for failing to comply with federal immigration authorities. So, Kimberly, do you see any potential challenges to this law just telling people to just cooperate with the federal government?
GUILFOYLE: Isn't it interesting though because not only is it just saying to cooperate but it's asking them to uphold the laws that already exist on the books, and that's what he was saying. I was saying, listen, can you believe that we actually have to pass a law telling people to observe and uphold the law? And that's what they're trying to do.
Nevertheless, we've seen all the legal challenges to the travel ban. No matter what move they make. They found a court that's sympathetic to try to bring the case against it to stop it. So, I mean, you know, I worked in a sanctuary city. I see the pitfalls and the perils of it, and when I was a prosecutor in San Francisco in cases like Kate Steinle. It's just shocking to me that we now have to tell law enforcement people to actually follow the law that they sworn in oath to uphold.
WATTERS: What's wrong with following the law, Juan?
WILLIAM: Nothing. I am all for following the law, but a detainer is not a warrant, and then asking someone who is jay walking about their immigration status, that is self-defeating if you're after sufficient law enforcement where you have cooperation between people and the immigrant communities and --
GUILFOYLE: They're going to say its racial profiling.
WILLIAMS: And you get the mayor of San Antonio, police chief in Austin. All these guys are going to say, this is hurting us. You know, it's just not helpful. All it is planned politics.
WATTERS: Le me ask you Dana, if you are seeing someone commit a crime, even if it's jaywalking and the guy has got tattoos everywhere. He's got a shaved head. He doesn't speak any English.
PERINO: No. Now you're profiling.
WILLIAMS: Thank you, Dana.
WATTERS: Can you say, you know, where are you from?
PERINO: No, well.
WATTERS: Is that discriminatory?
PERINO: If you want to arrest somebody -- if you want to potentially arrest somebody for jaywalking, yes. I guess that you could go ahead and ask them under this new law. There are going to be lots of lawsuits filed against this. There will be a lot -- there's going to be a lot of litigation not just in Texas but all across the country. And that's why I think that President Trump would be well within his rights and also I think it would be very smart to ask the Supreme Court for an expedited review of one of this so that we settle it because if not, this could just go on and on and on.
WATTRES: Greg, what do you think?
GUTFELD: I don't know. I'm just getting ready for the liberal refrain calling everybody associated with this a murderer. By banning sanctuary cities, entire families are going to die. And the ones that don't die we're going to split up. Some are going to be in one state, some are going to be in the other.
And Juan, to your point, there are no stats on that point that you made. There never have been. But if you want to look -- when people talk about how destructive this is, just go and look to the south. Peer over Texas to Venezuela and you will see liberal policies killing people. So this is nothing. No one is going to die from this. They are dying from that.
WATTERS: Alright, directly ahead, a shocking story out of Penn State. We'll have that for you, up next.
(COMMERCIAL BREAK)
WILLIAMS: Welcome back. We now turn to a tragic story out of Penn State. On Friday, prosecutors announced criminal charges for 18 fraternity brothers over the February death of 19-year-old Timothy Piazza. The sophomore died after falling down a stairs while intoxicated at a fraternity party. According to a grand jury investigation, police found Piazza unconscious only after fraternity brothers had waited about 12 hours to call 911. We're now learning more about why it took so long for anyone to call for help.
(BEGIN VIDEO CLIP)
KORNEL DAVIS, FRATERNITY BROTHER: I said he needs to be at the hospital right now. I said we should call 911. Get him in an ambulance and I'm screaming. I'm very (INAUDIBLE). I'm being very obvious with my thoughts and you know, it was kind of like shut up. I got thrown against the wall. I didn't know what to do after that.
(END VIDEO CLIP)
WILLIAMS: I mean, it's just an unbelievably awful story. Apparently, Mr. Piazza is laying on the couch twitching vomiting and they wouldn't help him. So Kimberly, what do you make of this?
GUILFOYLE: Well, they should be prosecuted and they should do jail time. It's absolutely disgusting. It's morally depraved. It sickens me and at this point, I say to myself, what are these fraternities doing that's good except hazing people, belittling them. Honestly, I mean when you see a situation like this, how horrifying too for the parents of these children. They stop there and let another human being die probably internal injuries, et cetera. But for their lack of regard, their callous disregard for human life, this young man would still be alive. Manslaughter charges.
WILLIAMS: So Jesse, apparently as part of the hazing, they make you drink a lot of vodka and beer in a short time and then the idea is, oh, he's okay. He'll sleep it off.
GUILFOYLE: He fell down the stairs.
WATTERS: Not only did they try to have people not call 911, they found text messages afterwards where they try to cover up and lie about it.
PERINO: Right.
WATTERS: So people are going to go to prison, probably not all 18 of them. You know, this is obviously a horrible situation and no one should die when they try to join a fraternity. You know, fraternities do have positive impacts on campus life, socially. They do volunteer work, networking and fundraising. They do have to look in the mirror when things like this happen, and they've got a risk manager. These things can never happen and I just feel terrible for them.
GUILFOYLE: They're liabilities for universities as well. They have to think about that and they have an obligation on certain point to report charters.
WILLIAMS: So Dana, he died of traumatic brain injuries. The parents are now saying we're going to take a stand because we don't want this to happen to other young people. And it happens with some --
PERINO: They are very brave and courageous and I think that what they're doing is very smart. It did strike me today that there are another 18 to say, men of their same age who made different choices or maybe because of circumstances, they chose to join the United States military. And so what they are taught is to leave no man behind. This is like the exact opposite of what happened here. It's really sick.
WILLIAMS: Greg, you know, one of the things about the fraternity life is people say well, it's fun, it's social, and then something like this happens. How do you to put it together?
GUTFELD: Well, it's not just fraternities. It's the age of 17 to 22, where you appear to be an adult but you are encouraged to act like a child. It's a strange thing. It's not just in fraternities. It's everywhere. I think the thing that needs to be addressed is, you know, there has to be a Samaritan pass.
You know, a lot of people don't call 911 in any party situations. Not just in fraternities but in clubs or on vacation, you don't want to be implicated in the law breaking behavior that might have led to an injury. So you have to somehow let people know that even though you're breaking the law, when the victim who is suffering has broken the law, you get some sort of immunity. You get a free pass if you try to save this person.
So it says, look, man, I was doing drugs with this guy and I don't want to call the police but I got to call the police and the cops says -- they go like, don't worry about it, tell us where you are. There has to be some kind of Samaritan pass that is encouraged.
GUILFOYLE: Right. And this wasn't just alcohol, just in case --
GUTFELD: Same thing.
GUILFOYLE: -- watching. But nevertheless, the point is, he fell down the stairs. They should have called an ambulance.
WILLIAMS: In fact, apparently, he fell more than one time. Just a horrible story. Your heart goes out to the parents. "One More Thing" up next.
(COMMERCIAL BREAK)
GUILFOYLE: Hello. It's time now for "One More Thing." Dana.
PERINO: Alright, well this weekend, Kimberly and I came down to South Carolina.
GUTFELD: Really?
PERINO: Yes. It was very fun and we had Kevin Post, that's him in the middle. Sunburned. He used to steal guitars for Blake Shelton and he provides an entertainment. Amazingly talented but a super nice guy because he invited my young friend, Macy English, up on stage to sing "Amazing Grace" with him and here's a short clip.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE/FEMALE (Singing): "Amazing grace, how sweet the sound, that saved a wretch like me.
(END VIDEO CLIP)
GUILFOYLE: So cute.
PERINO: Yes, super cute and she's really great too. So, congratulations Macy English on your singing debut.
GUILFOYLE: Adorable. A great little dance partner too and very fantastic birthday event.
PERINO: Why, thank you very much.
GUILFOYLE: What a doll.
GUTFELD: Thanks for inviting all of us, by the way.
GUILFOYLE: Greg wasn't invited for obvious reasons. Greg.
GUTFELD: Alright, I got a new article up at foxnews.com/opinion. It's called "The Prison of Two Ideas." It teaches you how to win in debates when people try to demonize you. I suggest you read it immediately but now it is time for this, "Greg's International News Gazette, now celebrating its 36th year with a free coupon for mustard."
Alright, I'm going to tell you why the French election matters, as you know, what's his name, Emmanuel Macaroni won.
(LAUGHTER)
He beat Le Pen. OK, so, now you have Justin Trudeau in Canada. You have Emmanuel Macron in France. You have half a boy band. So all you need right now is Ricky Martin perhaps to run for governor of Puerto Rico and maybe you get Harry Styles to go up against Teresa Mae -- is that her name?
PERINO: Yes.
GUTFELD: And you will have the world's first presidential boy band. The name would be "Manudo."
(LAUGHTER)
GUILFOYLE: I know that's your fantasy. You lie awake at night thinking about that.
GUTFELD: I'm just saying, this is how we bring the world together.
GUULFOYLE: Anyway, my turn. Hello, this is super cute. Dana, you're going to like this. A stray, a mama dog that leads rescuers to her babies, and so cute. The name is Betty Boop and she's being held as a real life Lassie because she led the rescuers on a two-mile trek back to find her lost puppies. She was rescued last month but the rescuers were unaware that she had recently given birth until a vet told them that she was still nursing.
So by playing the sound of puppies crying on a phone, she sprung into action, leading the rescuers to two miles out into the country into an abandoned farmhouse where her ten puppies were found living --
PERINO: That's amazing.
GUILFOYLE: Yes. And they've all been adopted, by the way. OK, Jesse.
WATTERS: OK, so the Carolina Mudcats game the other day. I think it was Dana's favorite team. Some young children were throwing out some first pitches and they were very excited. This was Cameron and Carly Daigle throwing out the first pitch of the game. Now, their father, 19-year Air Force veteran at the game for a little surprise. Roll the tape.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: We have a special Mudcats player catching those first pitches.
UNIDENTIFIED MALE: Dad!
(APPLAUSE)
UNIDENTIFIED MALE: Please join me in welcoming home United States Air Force Technical Sergeant --
(END VIDEO CLIP)
WATTERS: OK, so thank you guys. Beautiful video. A great reuniting.
GUILFOYLE: Wonderful. Juan.
WILLIAMS: So, it's six months since the election. I'm still trying to figure out who wrote -- I don't understand, but anyway, it's hard to --
WATTERS: You can tell.
WILLIAMS: You would think normally that former presidents you could predict it, but look at this tape.
(BEGIN VIDEO CLIP)
SEN. BERNIE SANDERS (I), VERMONT: We have got to get people involved. And you do that by being honest about the real problems they face and come up with real solutions.
UNIDENTIFIED MALE: Can you all see why I voted for him?
(BEGIN VIDEO CLIP)
WILLIAMS: So Jimmy Carter felt the burn. He voted for Bernie. But apparently in the general, he voted for Hillary.
GUILFOYLE: Alright, make sure to tune in tomorrow. Former Secretary of State Condoleezza Rice is here. "Hannity" is next.
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