Lawmakers call for ethics investigation of Sen. Al Franken

This is a rush transcript from "The Five," November 16, 2017. This copy may not be in its final form and may be updated.

KIMBERLY GUILFOYLE, CO-HOST: Hello, everyone. I'm Kimberly Guilfoyle along with Juan Williams, Jesse Watters, Gillian Turner, and Greg Gutfeld. It's 5 o'clock in New York City and this is "The Five."

Another bombshell of sexual harassment allegation rock Capitol Hill, this time a sitting senator is the accused. Al Franken, a Democrat from Minnesota, has apologized after a woman came forward with damning accusations today. Leeann Tweeden, a news anchor at a radio station in L.A., accuses the senator of harassing and groping her when they were on a USO tour together in 2006 before Franken was a member of congress, and she has some proof. She posted this picture along with a column titled, Senator Al Franken kissed and groped me without my consent and there's nothing funny about it. Here is more from Tweeden.

(BEGIN VIDEO CLIP)

LEANN TWEEDEN, BROADCASTER: He came at me and before I've even knew it, he put his hand on the back of my head and came towards me and matched his face against my mouth and stuck his tongue in my mouth. And, you know, I sort of pushed him back and I said don't ever do that to me again. And I was so angry, and I walked out of there.

(END VIDEO CLIP)

GUILFOYLE: Franken doesn't deny some of the allegations, along with his apology. He said this in a statement, I respect women. I don't respect men who don't. I don't know what was in my head when I took that picture, and it doesn't matter. There is no excuse. I'll look at it now and I feel disgusted with myself. It isn't funny. It's completely inappropriate. Senator majority leader Mitch McConnell has called for an ethics committee investigation of Franken and so has the senator himself. He says he will gladly cooperate. A second accuser name Melanie Morgan also came forward today alleging Franken harassed her years ago.

All right. Indeed, rapidly developing story, Greg, because we have two accusations now, and also proof. We're talking about this yesterday with the juxtaposition of Roy Moore, and people want -- OK, let's do a full due process investigation, find out what's going on. She's come forward with proof, a picture they say is worth a thousand words.

GREG GUTFELD, CO-HOST: I've to say, I've known Leeann going way back. She's a good friend of mine. She's used to do -- all the time. She once gave me combat boots for Christmas. So she's no snowflake. So clearly this kind of thing was weighing on her for a while and it upset her. And you look at the picture and my first thing, OK, that's -- it's humiliating because you don't know that it's happening, but if he's touching her then that's actual assault, but I can't tell if he's touching her or not. But regardless, it is a humiliating thing that somebody is doing something without your knowledge. And of course, that's separate from what else he did when he forced a kiss from her in the green room, which I happen to think she's telling the truth because look what we're saying there. My senses that there's going to be more of these stories, and they're going to affect all occupations. I think that there need to be some kind of process. One of the encouraging things out of this one that I see is that she came forward with this. He apologized. She accepted his apology, which I find kind of interesting. Could this be the start of a new process in dealing with these problems? Because right now, in the realm of public opinion, everything is equal, all men are created equal, but not all accusations are equal. We have no way of prioritizing what is severe and what is stupid. And I think there have to be a process for this other than just saying, like, we're all putting all of this stuff in the same file. Does that make sense? I guess? I don't know.

GUILFOYLE: Gillian, what do you think about that in terms of saying there have to be a process, and perhaps this new, sort of, template or framework for how people can go forward? You make the accusation, you have the proof, the person apologizes, where do you go from there and what do you think about this story?

GILLIAN TURNER, GUEST CO-HOST: I think the more cases where you have a perpetrator who acknowledges what happened and then apologizes, if the victim can personally forgive them, then that is a path forward. It doesn't matter what the rest of the general public thinks. It's incumbent about the woman who is victimized or the person who was victimize to comes to term with that. A quick point of the macro picture here is I think all of the stuff, from Bill Cosby, years ago, through Harvey Weinstein, Roy Moore, Al Franken, this moment really highlights that I think the harassment of women and assault of women is not just a women's issue. It's something that the entire American population has to grapple with. And it's also certainly not a political issue.

Too often, lately, we turn to focusing on the perpetrator's identity and their politics. And that does a disservice to everybody, because this is not a political issue. Rate victims, assault victims, I really don't care whether the perpetrators are liberals, or conservatives, Republicans, or Democrats. This is a much more important issue. It transcends politics. And I think our discussion is not just like here at the table, but the American discourse should reflect that.

GUILFOYLE: OK. On a more macro level, I think, yeah.

TURNER: On a macro level.

GUILFOYLE: Yeah. I think these examples in these cases are people who have suffered and the victims and the allegations they make. You know, we study them, we listen, we learn. And then like Greg said, perhaps it provides a framework going forward. And it's educational, Jesse, so people understand, you know, this is not acceptable.

JESSE WATTERS, CO-HOST: Absolutely. And he should be held accountable, which I believe he will be. The initial apology, if anybody read it, was really bad. He trivialized it and said something along lines of, you know, I'm really sorry that she misremembered it or remembered it differently than I did.

GUILFOYLE: Right.

WATTERS: And then acted like it was a skit that was done in poor taste. The second apology was much better, and she accepted it. So there's no lawsuit. There is an accepted apology. Greg makes a great point because we're putting pedophilia, allegedly, drugging women, raping women, exposing yourself in a basket of a grope, or a kiss, or something like that unwanted. The whole thing is a mess. So Franken has supported victims of sexual assault throughout his career, which makes him a hypocrite. But it also, for the left, makes them more reluctant to hang the guy. Now sending Franken to the senate ethics committee is a complete whitewash. The ethics committee cannot do a good job. They're not transparent. There's no accountability.

There's only been one action taken by the senate ethics committee in the last five years and it was a sternly worded letter to some senator. So the senate can't police itself, that's one thing. And congress needs to get off its high horse because congress, like the rest of the institutions in this country, has a problem with sexual harassment. They settled, I believe, 260 cases since the late 90s of sexual harassment and discrimination to the tune of $15 million. That's over ten settlements per year. That's our money. We don't know who settled these cases. We have a right to know since we're paying for it. So I'd like to see what those results are.

GUILFOYLE: All right. Get back to Jesse. OK. Juan, what do you think of the allegations today, what happened, and also just get your thoughts on how senator Franken reacted to them?

JUAN WILLIAMS, CO-HOST: Well, I think he reacted pretty well, especially when he apologized. I think that was appropriate. The thing about it is, this was on some USO tour. I'm not sure what's going on between entertainers and the like, but what was clear, and I think this is picking up on what Greg said, she felt that somehow he had crossed the line then she deserved an apology. It should be clear that in doing her job, she doesn't have to put up with that kind of foolishness.

What I would say to you, Kimberly, that this comes in an atmosphere that really is at the moment, Harvey Weinstein, and now Roy Moore down in Alabama. The political context is so important for us at this moment. And in that context, we see things like the liberals, and I'll speak to that as a Democrat here, liberals saying, hey, you know what? We should have paid attention to Bill Clinton. Oh, my gosh. Writer for the box, writer from the New York Times saying, you know, I'm going back and I'm looking back on this and I believe Juanita Broderick and all the rest.

GUILFOYLE: Right.

WILLIAMS: And so, I think to myself, why is this going on? Why is the left doing this? I think the left is doing this because they fear that Republicans, the conservatives will say, hey, you didn't go after your guys but you want to go after Judge Moore, and therefore you're a hypocrite. How dare you do this?

GUILFOYLE: And let's get to Judge Moore. Thank you, Juan.

WILLIAMS: Can I finish this point?

GUILFOYLE: Oh, yes.

WILLIAMS: So -- but my point to you is, I think that when you look at what's going on on the right with Judge Moore at the moment, you see the same kind of -- I don't know, angst or upset President Trump today, can't say a word. Not say a word. Guess what? Steve Bannon still can't say a word. But Drudge said, Steve Bannon was no. Then Breitbart comes out and says fake news coming from Drudge. No, Steve Bannon is not abandoning Roy Moore. And we see in the polls, Moore's numbers going down. But I don't see any big change in terms of the Republican Party establishment on Moore, and I think Republicans in some extent are delighting in the trouble that now beset Al Franken, say, oh, this is equivalent. Well, again, Greg's point, this ain't equivalent.

GUILFOYLE: All right. Well, Juan, I was going to you on this. Embattled Republican senate hopeful, Roy Moore, appeared before cameras today, and he vowed to remain in the Alabama race and wants senate majority leader to go.

(BEGIN VIDEO CLIP)

JUDGE ROY MOORE, REPUBLICAN SENATE CANDIDATE: This is an effort by Mitch McConnell and his cronies to steal this election from the people of Alabama, and they will not stand for it. Well, I want to tell you who needs to step down. That's Mitch McConnell. I'll quit standing when they laid me in that box and put me in the ground.

(END VIDEO CLIP)

GUILFOYLE: The White House weight in on the Moore controversy earlier.

(BEGIN VIDEO CLIP)

UNINDENTIFIED REPORTER: Does the president believed Roy Moore's accusers? Or does he think Roy Moore should drop out of this race?

SARAH SANDERS, WHITE HOUSE PRESS SECRETARY: Look, the president believes that these allegations are very troubling and should be taken seriously. And he thinks that the people of Alabama should make the decision on who their next senator should be.

UNINDENTIFIED REPORTER: How would the president like to see that proven?

SANDERS: Look, I'm not going to get into and litigate back- and-forth, but the president has been clear that if any of these allegations are true, allegations that he takes very seriously, finds very troubling, if those do happen to be true, then he should do the right thing and step aside.

(END VIDEO CLIP)

GUILFOYLE: OK. So the White House issuing a statement on this.

TURNER: I think when it comes to Moore, I said this yesterday, but I really meant it, like the writing is on the wall. Lindsey Graham said the other day to the press, I think he needs to step down, step aside for the good of himself, his family, and the state. I think what he really meant though was he needs to step aside for the good of the Republican Party.

GUILFOYLE: Sure.

TURNER: Because there is no good solution here for the party. Having a sitting senator, if he wins, having a sitting senator who's plagued by allegations of sexual misconduct is a nightmare. And I think that also having a senate that -- votes that he wins, and the senate votes to expel him with a two-thirds majority vote, that's even worse in a sense because then he becomes the first senator since like the civil war, since the 19th century, to be expelled, and the first one ever to be expelled for these kinds of charges. He's an albatross around the GOP's neck at this point.

GUILFOYLE: All right. Jesse, real quick.

WATTERS: Quickly. Juan says that the Republican establishment really is not doing much with Moore. Every single Republican senator has pulled their endorsement of Moore, and all the money from the RNC and the senate Republican conference.

GUILFOYLE: Yeah.

WATTERS: . that's dried up. This is to say that there's been no movement there is just wrong. Now, Moore is being selfish to hang in here. The guy has got to go, obviously. Even if Donald Trump himself said Moore has got to go, I think Moore might still stay in there. Juan also brought up the Clinton situation and that's interesting because I'd like to talk about that. Multiple women have had consensual affairs with Bill Clinton. That's not the issue. It was the Juanita Broaddrick accusation of rape. She actually had a friend who said afterwards she saw her with a bloody mouth and she was rattled. You had a settlement with Paula Jones for almost a million dollars for sexual harassment. And then, Kathleen Wiley said she was groped in the White House. Right now, you don't see Republicans trying to destroy the accusers personally in the Alabama situation. Yet, during those whole -- when the women came through with these allegations against Bill Clinton, Hillary Clinton herself called Monica a narcissistic loonie-toon. Hillary Clinton called Gennifer Flowers a failed cabaret singer. And James Carville famously said of Gennifer Flower, drag a $100 bill through a trailer park. You never know you'll find Stephanopoulos, even said these are just bimbos. Remember the whole bimbo eruption. You had Gloria Steinem, feminist icon, defend Bill Clinton.

(CROSSTALK)

GUILFOYLE: Chelsea Handler apologized to Juanita Broaddrick

WATTERS: She did. A lot of people said that's too little, too late, but I'm glad.

(CROSSTALK)

WILLIAMS: You misunderstood what I was saying to you.

WATTERS: I would never do that.

WILLIAMS: The Republican establishment, in fact, it was Mitch McConnell, and people like Mitch McConnell, and the senators who have all condemned Roy Moore. So that's not what I'm talking about. I'm talking about people like Steve Bannon, the reluctance on the part of President Trump.

WATTERS: Right, he did say.

WILLIAMS: Right. So this is where you see that there are people, including in the state of Alabama, the Alabama Republican Party that reluctant to say, you know what? We've got a problem. This is damaging, as Gillian said, to the Republican brand. It's people who are in the so- called Republican establishment who see that broader picture, and say you know what? You might have a grievance against the media. You might have a grievance against the liberals. But this is damaging to the GOP.

GUILFOYLE: Greg, real quick, final thoughts.

GUTFELD: I've got to go to this larger point that is bigger than what's happening with Moore or Franken. The media has yet to discern differences in scale in the court of public opinion. This is now officially allegation nation. And we lack the deliberate body to assess matters. So it's going to come and it's going to hurt everybody unless we learn to find a process that says when an allegation happens, instead of it being followed by media hysteria, that there some kind of deliberate way of assessing it. What you're seeing with Franken is at least the beginning of something because you saw -- she came out with it. He responds. She accepts it. I don't know where it goes from there, but at least it's something. Seems like progress. I don't know.

WILLIAMS: It's a big difference between that though and messing with a 14- year-old girl.

GUTFELD: That's what I'm talking about. But then, my point is this, it's all put in the same file. George Bush -- George Herbert Walker Bush just got accused again for grabbing a woman butt. And you see that that's lumping. Dustin Hoffman was accused of something, something creepy to an intern. That's lumped in. We're in the media. We're throwing it all into one pot stirring it up.

GUILFOYLE: All right. Well, after that discussion, you may not know that there's actually some pretty great stuff happening in our nation's capital. Greg is up next on the Trump successes that you won't hear about anywhere else.

(COMMERCIAL BREAK)

GUTFELD: If you look beyond the sea of scandals, you see some pretty positive things. First, look abroad. China is sending an envoy to North Korea. Why? Donald Trump. ISIS is nearly destroyed as Syria institutes terrorist rehab. Hope there's yoga. So what's the difference there? Trump. Back here consumer confidence is high, reflecting a country's mood under a new president. If you think the guy wants to do business, you're more inclined to do it too. That's Trump. There's other stuff: Illegal immigration is down, Trump. Our energy policy seems adult for once. That's Trump. Yet, what do we see? The same names and faces unloading bitter comedy that they presume is edgy when it's actually the opposite.

Joe Scarborough, a poor man's Sonny Bono, is releasing a record called "A Very Drump Christmas." Drump was the name that liberals tried to stick on Trump. It failed because it wasn't memorable -- much like Joe. And Alec Baldwin said in a speech that you can't be mean enough to Trump, which raises the question, how can you be meaner than chopping off his head?

So what you're saying is more cognitive bias, clouding how they see everything. If Trump does good it's pure dumb luck. But if he does bad, it's because he's evil. But try explaining that allusion to Joe or Alec. The world's moved on without them. They're like comedians doing jokes about Y2K or Britney Spears. The material is moldier than a dorm room shower curtain. But to them it's still smells new, but also Trump is funnier.

(BEGIN VIDEO CLIPS)

PRESIDENT DONALD TRUMP: And I saw this man on television just now, you. And I see him standing. Didn't you get here at 4 in the morning? Say a couple words.

(INAUDIBLE)

TRUMP: Should I let him have a little bit more? Peter, should I have -- sit down. Sit down.

(INAUDIBLE)

TRUMP: So how does the press treat you?

(LAUGHTER)

TRUMP: I bet you get treated better by the press than anybody in the world, right?

TRUMP: -- thousand jobs. Thank you. They don't have water?

Japanese manufacturers --

(END VIDEO CLIPS)

(LAUGHTER)

GUTFELD: He's a national treasure. No wonder Joe and Alec can't quit him. As pure entertainment, Trump is better added than they are.

Isn't that the problem, Juan? He's having more fun than his critics. And so it's hard for critics to keep making jokes. So poor Joe Scarborough is now doing novelty songs, which is kind of the last bastion for a has-been to start doing novelty songs. He'll be out speakers corner with a little banjo.

(LAUGHTER)

WILLIAMS: I really like the montage. I hadn't seen some of those things. Like one weird thing -- was that a Japanese guy rolled his eyes?

GUTFELD: Yeah, yeah, yeah. The handshake -- I guess, wrong.

WILLIAMS: I didn't know. I didn't know. Anyway. Anyway, he is a funny guy on that level.

GUTFELD: Yeah.

WILLIAMS: It's too bad he's not just an entertainer because if he was like Joe Scarborough, I'd say great, but no. He's not. I mean, he's the president of the United States. That's why.

GUTFELD: The greatest one ever.

WILLIAMS: That's what you said. That's right. The greatest ever. Yeah.

GUTFELD: The greatest president ever.

WILLIAMS: Unbelievable. That's what I've said, unbelievable.

(CROSSTALK)

WILLIAMS: I mean, if you look at the numbers, Greg, people who aren't comedians don't think -- I mean, his poll numbers are sinking faster than a.

(CROSSTALK) GUTFELD: Wait. Kimberly, you don't have to be popular.

GUILFOYLE: Right.

GUTFELD: . they'll still vote for you even if they don't like you if they trust you, or think you're going to be good.

GUILFOYLE: Absolutely. And this just goes to show you the inherent, grotesque, disgusting, contagious bias that no matter what he does, they're not going to give him the credit. The good thing about the president is he's not bothered by it. He's going to keep forging ahead and make sure that he accomplishes the goals and the promises that he made to the hardworking men and women across this country that were forgotten. That's who he feels he's beholden to. And that's why he's honoring the pledges and promises about jobs, and stimulating the economy, and building the.

GUTFELD: Wall.

(LAUGHTER)

GUTFELD: Jesse, you the -- South Park decided months ago they weren't going to bash Trump anymore because they felt it was too tacky. That is was like -- they've just had enough. But these guys keep going. Yeah, it's all played out, but they won't stop.

WATTERS: Yeah. Biden was asked what Trump's greatest accomplishment has been so far, and he goes, well, he married well.

GUTFELD: Yeah.

WATTERS: I mean, you can't give the guy anything.

GUILFOYLE: But that was also true.

Jess: Also true.

(LAUGHTER)

WATTERS: And to Juan's point, his poll numbers may be down but he still beats Hillary Clinton. Excuse me. Crooked Hillary Clinton.

WILLIAMS: No, no, you mean, he beat her in the past.

WATTERS: If the election were held today, Hillary still loses, Juan. And those are your polls I'm talking about.

(CROSSTALK)

WILLIAMS: You know this woman, Frederica Wilson, the congresswoman he was going after, she beats him. That's how bad it is.

(CROSSTALK)

GUILFOYLE: I don't believe that.

GUTFELD: I'm tired of hearing all these people beating each other. Gillian?

TURNER: First of all.

GUTFELD: Yes.

TURNER: . Jesse's mother is right. Sometimes you make good points in spite of yourself.

GUTFELD: Oh, OK.

TURNER: So kudos for the monologue.

GUTFELD: Kudos, thank you.

WATTERS: I'm going to steal that comedy montage and use it on my weekend.

(CROSSTALK)

GUTFELD: You know the thing is? I think Joe Scarborough should get together with the Capital Steps. You remember them? That awful.

TURNER: Are they acapella?

GUTFELD: Yes.

(CROSSTALK)

GUILFOYLE: Joe Scarborough, they've had the best time. And he plays over a prohibition.

GUTFELD: I don't care, Kimberly. I don't care.

TURNER: But what about what we talked about yesterday.

(CROSSTALK)

GUTFELD: Yes, I have many talents, Kimberly.

(CROSSTALK) TURNER: What about things not having to be black or white? I mean not to be boring, but it's true. Not everything is like my dress. The presidency are never clear-cut. This trip was not clear-cut. It had successes. It had shortcomings. Just like everything. You know, foreign policy is rarely cut and dry.

GUTFELD: Gillian, the last thing cable TV needs is ambiguity. It's either black or it's white. You need to get your things. You need to go. Pack your things and go.

GUILFOYLE: And leave the cup.

GUTFELD: They wanted me to tease two minutes ago. All right. Hillary Clinton unloads on President Trump, again, as the threat of possible second special counsel looms. Does it bloom? That's next on The Five.

(COMMERCIAL BREAK)

WATTERS: Hillary Clinton's not happy about the Trump administration's threat of a second special counsel to investigate her possible ties to a uranium deal with Russia. She unloads in a new interview. Watch.

(BEGIN VIDEO CLIP)

HILLARY CLINTON, FORMER DEMOCRATIC PRESIDENTIAL NOMINEE: This appears to be the politicization of the Justice Department and our justice system. This Uranium One story has been debunked countless times.

This is such an abuse of power, and it goes right at the rule of law. If they sent a signal that we're going to be, like, some dictatorship, some authoritarian regime where political opponents are going to be unfairly, fraudulently investigated, that rips at the fabric of the contract we have that we can trust our justice system.

(END VIDEO CLIP)

WATTERS: A dictatorship, Kimberly Guilfoyle, what do you think about that language?

GUILFOYLE: I think the more she protests, the guiltier she knows she is. Right? I mean, really.

WATTERS: Sounds like.

GUILFOYLE: "Oh, no absolutely. I didn't destroy any evidence with hammers." The bleach, the whole thing. Bleach Bit.

Yes, I think that this is something that people were expecting -- they expected that there was going to be investigations. People were disappointed that it didn't come forward, and now they're actually coming full circle.

And it's interesting, because the Democrats kind of brought this out upon themselves.

WATTERS: Sure did.

GUILFOYLE: So they started, like, you know, pulling the spool of thread. And all of the stuff about Russia, all the focus on it, the hyper-focus, has really just provided more illumination and, in fact, there's a lot of unclean hands.

WATTERS: That's right. Gutfeld -- speaking of unclean hands.

GUTFELD: I've tried to work on that.

GUILFOYLE: Filthy. Filthy.

WATTERS: Tell me what you think about our little sleight-of-hand where she says, "Well, this has been debunked in the press." She loves that line.

GUTFELD: You know, there are people in the press that say there's no "there" there. Some people on this very same network that we're at, just a few hours earlier, and sometimes later, says there's no "there" there.

But we can still question: is it normal for Russian companies to give to American charities? I've never heard about this. I mean, yes, it's perfectly OK, but this is kind of the first time I've ever heard. Like, they gave, what, like 150 million almost to the Clinton Foundation? And that's like -- doesn't kind of ring any bells?

You know, to me, if your husband is giving payments to a person every month and no one else, you kind of sense it's not a payment. It's a payout. There's something going on there. And there is something going on there.

I'm glad to know, though, that selling uranium to the Russians is not bad, but meeting a Russian woman to get information is terrible.

WATTERS: Juan, when Russian uranium tycoons give millions to the Clinton Foundation, what do you think they want?

WILLIAMS: They want influence. But that's not -- I mean, this is so absurd.

I listen to you guys, and I think to myself why? Why?

WATTERS: I can't tell you're listening.

WILLIAMS: Because -- because this has not only been debunked by the press, but you heard Jeff Sessions before Congress this very week say the evidence does not justify any kind of legal action by the Justice Department.

WATTERS: I thought he said he was weighing it.

WILLIAMS: No, he said -- yes, he said, you know what? -- but he says at this point the evidence does not justify it. That's the attorney general under Donald Trump. And you've got to remember: you're talking about contributions to the foundation, which is something that worries me.

But the fact is that most of that money was given years before Hillary Clinton even ran for president. So I mean, but Republicans...

WATTERS: But they thought she was going to win the presidency when they gave it.

WILLIAMS: This is all part of the distract and, you know -- you know, just get people to stop focusing on Russia and Donald Trump. This is Trump's smoke screen, and you guys are buying it.

WATTERS: Do you believe that?

TURNER: So here's the thing about special investigations, special prosecutions. They need to bubble up sort of organically for lack of a better word from the Department of Justice. They cannot be directives from the president of the United States, which is the danger that's happening here.

I'm not weighing in on whether I think there should be an investigation or there shouldn't be, but what I am saying is that, when the president tweets out that he wants the attorney general to launch this investigation, it already makes it moot, because it's already tainted.

Jeff Sessions himself, during his own confirmation hearing this year, said he would not name a special prosecutor to investigate Hillary Clinton, even if ordered to do so by the president, because, quote, "This country does not punish its political enemies."

WILLIAMS: Yes.

TURNER: That is a quote from Jeff Sessions. So if the president really wanted an investigation to go forward, he would stop talking about it, because he is tainting it.

GUTFELD: But he's like us. He's just like us. We can't stop talking about stuff, and he can't stop talking about stuff. He is the first citizen president. He tweets and he talks.

WILLIAMS: He's the president.

GUILFOYLE: So what? The media loves it.

GUTFELD: Who cares? We don't -- we've not just lowered the bar. We've removed the bar.

GUILFOYLE: And they have -- but they have disfavor about his transparency.

GUTFELD: Yes.

GUILFOYLE: He's the one letting everyone know exactly what's going on in real time, like "24," Jack Bauer. And I don't know. Why are you complaining when you guys are delighting in it every day, frolicking in the press writing about it?

GUTFELD: Yes.

WATTERS: Yes, you guys.

GUTFELD: You guys.

WATTERS: The House passed its plan for tax reform earlier. But will President Trump's agenda face a roadblock in the Senate? Next.

(COMMERCIAL BREAK)

WILLIAMS: A big day on Capitol Hill, a key legislative victory for President Trump. The House approved a package of tax cuts for corporations and millions of Americans in a vote 227 to 205. Now the president, well, he made his way to the Capitol before the vote to give a pep talk to Republicans. And now the fight shifts to the Senate or the overhaul state, well, it's uncertain, to say the least.

Republican senator Ron Johnson has already signaled he will not be voting for the bill in its current form.

So Jesse, at the moment, you're still going to have to have some reconciliation between the Senate and the House. There's lots to discuss here, but do you think that this bill's future is good, bad?

WATTERS: Yes I mean, I think they're going to get something through. I don't love what they're going to pass, but it's better than nothing.

I have to tip my hat. Paul Ryan, you know, we talk a lot of junk about Paul Ryan, especially on the right as this guy -- well, you know what I mean. And he's delivered. He's delivered Obamacare repeal, and now he's delivered tax cuts.

Mitch McConnell has delivered neither so far, so the ball is in Mitch's court; and time is running out.

WILLIAMS: Well, Gillian, the argument is that you know what? Republicans are, like, desperate for a win so they'll say, "It doesn't matter what's in the bill. Don't pay attention to that. It's just that Republicans have to vote." I heard this from Lindsey Graham on, I think, Laura Ingraham's show last night.

TURNER: I think that this bill still has tremendous hurdles ahead. It's through the House now. That's fine. It's got to get through the Senate where it faces the same math problem that health care faced. And then it's got to go through this really tough reconciliation process, where they're going to hammer out these major discrepancies between the House and Senate versions.

Some of these issues don't really have a solution that I can see. So I don't know what they're going to do there.

I will say the thing that gives me, that makes me think there's hope for the bill, is that President Trump has really put in a lot of skin in the game. One of the reasons health care didn't work out for him, according to the Hill, is that he kind of farmed out the details to them. And said, "McConnell, Ryan, you guys figure it out. I'm just telling you what I want. You have to figure out how to make it happen."

On this, from day one, he's been right there every step away, from issuing that 70-point that he had the White House staff draft up, to today when he went for this kind of pep rally in the last -- in the home stretch. So that maybe gives it some -- some booster.

WILLIAMS: So Kimberly...

GUILFOYLE: Yes.

WILLIAMS: ... what do you think? The argument from the Democrats is that this is not really cutting taxes for the middle class. We see polls that indicate 52 percent disapprove, of all Americans, Quinnipiac; 58 percent in Marist say they think these are Trump's policies that will benefit the rich.

GUILFOYLE: OK, well, I think that's a public perception problem. They need to do a better job of selling it to the American people so that they understand it and they're supportive. And nobody is better at selling than President Trump. So I think he needs to just make the case himself, because he's the most persuasive and effective at doing so. Immediately go on radio, and maybe take some tours and get out there and spread the word and get them excited about it.

WILLIAMS: Before the end of the year?

GUILFOYLE: Yes, why not?

WILLIAMS: Boy, you're optimistic.

GUILFOYLE: He's got a lot of energy.

WILLIAMS: Look at that. So Greg, I'm watching TV yesterday, and Gary Cohn, you know, is there.

GUTFELD: Oh, Gary.

WILLIAMS: Yes. The...

GUTFELD: Squash partner.

WILLIAMS: ... economic advisor. And he says to a group of executives at a Wall Street Journal thing, everybody who's going to have more investments after this tax bill, raise your hand. And only a few hands. He says, "Where are the rest of you?"

GUTFELD: Well, you know what? If taxes are not cut across the board, I will be screaming helplessly and hopelessly to the sky; and the liberals can laugh at me, because I will deserve it.

Scott Adams. This is still too completed. Scott Adams has a very simple tax plan that I -- it is starting at -- cut it 1 percent for the top and then increasing to 7 percent cuts through seven brackets. You cut, you cut, you cut. And then you phase out deductions so there's -- everyone knows you get a tax cut. That's the important thing. And you know that simplicity is coming and you'll end up being able to write this out on a postcard.

Right now it's still too complicated. We're not cutting taxes. For a capitalist society, we are -- we have lousy advocates for capitalism. You know, we are the greatest country in the history of the world. We've created more wealth, more prosperity and security for people, and we can't explain capitalism. We can't explain why inequality exists, because inequality is a necessity; because people have to move up and down in a capitalist society. It's not about inequality. It's about mobility.

I have moved into different income brackets all my life. I've moved back, and I've moved forward. That's the freedom of the capitalist system.

GUILFOYLE: Firing and things.

GUTFELD: And getting fired also helps. My mobility. Motility.

WILLIAMS: All right, all right.

GUTFELD: Also, fiber's really good.

WILLIAMS: Let me just say, what a surprise it is that my colleagues here are not big supporters of this bill. Huh. That's interesting.

(CROSSTALK)

GUTFELD: ... Juan.

WILLIAMS: Freedom of speech or disorderly conduct? A sheriff's warning to an anti-Trump driver draws outrage. We weigh in next.

(COMMERCIAL BREAK)

TURNER: So this is going to be hard to believe, but there are Americans out there who don't like President Trump.

GUTFELD: Speak for yourself.

TURNER: Some aren't as discrete. We don't -- we're just -- we don't know that. We're just repeating something we heard.

Some of these folks are not as discreet about it as others, like this truck owner, who flips off the president and supporters in a sign posted on his rear windshield. Everyone has the right to an opinion in the United States, but one Houston-area sheriff thinks the sign crosses the line.

Now he's publicly threatened to bring disorderly conduct charges against the driver. Here's Fort Bend County Sheriff Ben Nehls. Take a listen.

(BEGIN VIDEO CLIP)

TROY NEHLS, FORT BEND COUNTY SHERIFF: They're fighting words. Because now you're challenging an individual. You're focused on that one person. Because it says, "An 'F' you for voting for him." And that person gets offended, and all of a sudden, screaming and yelling. Then the sheriff's office or the local police get called. Now you have a breach of the peace.

(END VIDEO CLIP)

TURNER: All right. So Kimberly, I want your lawyerly...

GUILFOYLE: This has to come to me, clearly.

TURNER: I want your lawyerly input on this. Isn't it just free speech, and it's protected; and there's nothing anyone can say about it?

GUILFOYLE: No, I abhor it. Jury -- jury of one? He agrees.

OK. So what happened here is you saw the law enforcement officer making the case but on a constitutional standard by saying that it could incite violence, it's fighting words. Because yes, it could produce an altercation.

Do I know if they went up to the Supreme Court they're going to get away with it? Maybe no. However, he can make somewhat of a case for disorderly conduct. It's in some places, an infraction; in some places it's a misdemeanor offense. So he's going to try. He's going to do it. He's obviously clearly talked to the prosecutor's office, because he knew what to say at the press conference to justify his decision and his desire to do so. So I think he was well-prepared, and I give it an "A.'

TURNER: So just so I get this straight. Sometimes speech can be, like, classified legally as disorderly conduct? Isn't that right?

GUILFOYLE: Well, for example, if you yell, you know, "fire" in a crowded theater and people trample each other to death, it's a problem.

GUTFELD: I never heard of that example.

GUILFOYLE: That one.

WILLIAMS: You never heard of that one?

GUILFOYLE: They use it in law school quite often. A little more education and, believe me, you'll hear it.

TURNER: Juan, what do you think?

WILLIAMS: Well, I think it's clearly a freedom of speech issue. And not only that, so I was interested in hearing what Kimberly said, and we now know that the driver of the truck's wife, Karen Fonseca, told The Houston Chronicle that people stop, take pictures, wave. And some argue, but nobody has been incited to any kind of violent or what the sheriff called fighting words response.

TURNER: Jesse, you probably want to punch the truck driver in the face? Is that correct?

WATTERS: No, because the truck driver is my mother. She's in Houston this weekend, now she's on television.

GUILFOYLE: Oh, my gosh. That's terrible.

WATTERS: No, I think -- Democrats said that only Republicans drive trucks. Remember the ad? I'm very confused about the whole thing.

And we're also hearing reports now Trump has appointed the sheriff to the Department of Homeland Security.

WILLIAMS: I wouldn't be surprised.

WATTERS: And they're waiting his approval.

Listen, I think Houston has so many problems, especially after the hurricane. I don't know why the sheriff -- I'm sure he's a great guy -- is going after something like that.

TURNER: Give us something pithy.

GUTFELD: I think that his argument is too broad. Anything could be perceived as fighting words. I was driving behind a guy who said -- had a bumper sticker that said "Screw Unicorns." I was offended.

TURNER: Oh, my God.

GUTFELD: I bashed in his rear window, and then I shot him.

WILLIAMS: Oh!

GUTFELD: And I -- and I looked back, and I go, "Maybe I overreacted."

The point is, never put a bumper sticker on a car. Why do you want strangers in a parking lot reacting to your opinions while you're in the mall shopping for long underwear, which is what I call short underwear.

GUILFOYLE: Aww.

TURNER: Aww, that was so sad. Well, we will leave you to mull that over.

GUTFELD: I'm mulling. I'm mulling.

TURNER: Stay with us, because "One More Thing" is coming up next, and we have some surprises.

GUTFELD: Do we?

(COMMERCIAL BREAK)

GUTFELD: That's disgusting. All right.

GUILFOYLE: Charming. Time now for "One More Thing" -- Greg. Clean it up.

GUTFELD: On my show on Saturday, 10 p.m., "The Greg Gutfeld Show," I've got Pete Hegseth. I've got Chris Fried (ph), great comedian. Tyrus and of course, Kat. That's Friday at 10, because I'm not going to be here tomorrow.

And it's time -- we haven't done this in a while, have we, Poochy-poo? All right.

GUILFOYLE: What?

(BEGIN VIDEO CLIP)

GRAPHIC: Greg's Robot News

(END VIDEO CLIP)

GUTFELD: This is a special dog edition. Spot Mini is the new robot dog created by -- it's a headless dog made by Boston Dynamics. They're trying to make it look more adorable, but this is the first step to domination and our death. Mark my words. Once you buy this dog, it will eat your face and work its way down until there's nothing but teeth and bone.

GUILFOYLE: Eww.

GUTFELD: Boston Dynamics. I've called this company so many times. We've emailed them. They never return a phone call. I think they're all A.I. I think they're all robots, and they're trying to kill us all.

TURNER: They used Olivia as a model for it.

GUILFOYLE: Greg is stalking that company, so we're all aware of it.

GUTFELD: Yes.

GUILFOYLE: And he confessed.

OK. Fantastic night last night.

GUTFELD: True.

GUILFOYLE: Yes. It was raining men and women. There we are. OK. So look, there's Jesse and Rick and me and Little Munchy and also -- where's Gillian? Where's our picture with Gillian? Look at all these photos. Fantastic. Big night last night for our very own chief meteorologist, Rick Reichmuth. He is an entrepreneur and an inventor.

He's got this incredible umbrella line called the Weatherman. And you can get it. And it comes with the coolest app, and the umbrella is built to last for every kind of weather. Hold on. I'm going to pop this.

WATTERS: Whoa! Look at that.

GUILFOYLE: Voila!

GUTFELD: That's bad luck.

GUILFOYLE: So -- not for me. Not only is it built to last, it has an app to let you know when bad weather is coming and utilizes Bluetooth technology to locate it if you have left it behind, Greg, at one of your disgusting bars.

GUTFELD: Yes.

GUILFOYLE: You can get your very own Weatherman umbrella at WeathermanUmbrella.com.

WILLIAMS: There we go.

GUTFELD: I usually leave it at the E.R.

WILLIAMS: All right.

GUILFOYLE: And Greg had too many Dark and Stormys.

TURNER: He usually leaves it at the Indian takeout line.

WATTERS: OK. I was very upset about something. Remember this?

(BEGIN VIDEO CLIP)

GUTFELD: "What toy from your childhood do you remember fondly or do you still have?" That's interesting.

WATTERS: Well, my mother threw out my Nintendo. I'm still bummed out about that. She also threw out all my "Star Wars" toys, you know, those things you put together?

GUTFELD: Yes.

WATTERS: And those are probably worth a lot of money. So not happy about that either.

GUILFOYLE: When did she throw them out? Like last week?

(END VIDEO CLIP)

WATTERS: But as Juan would say, guess what? A nice person, Andrea Steckard (ph), sent me basically the original Nintendo. And it's got 620 games built into it already. Hopefully they have Commando. So thank you very much.

GUILFOYLE: Very, very cool.

WILLIAMS: Kids will love it.

GUILFOYLE: I know. I was like, "Jesse, give it to Ronan." And he was like, "No, I can't wait to play this."

WILLIAMS: All right.

WATTERS: Guilty.

WILLIAMS: By the way, so picking up on Jesse's wonderful moment there, looking for a holiday gift? You can get one from the company behind the popular game Cards Against Humanity.

WATTERS: Boo.

WILLIAMS: But whoops, sorry, you're too late. They just sold out of their latest holiday promotion in just seven hours. A hundred fifty thousand people paid $15 to help the company buy a piece of land along the U.S.- Mexico border. Here's the catch. They intend to sit on the land to prevent President Trump from building his wall.

The company says they aren't just selling a meaningless gag gift. They're saving America from, quote, "injustice, lies, racism." Get this: the whole enchilada.

WATTERS: Oh, Juan.

GUTFELD: Racist.

WATTERS: Inappropriate joke.

GUILFOYLE: Gillian, we have a very special guest.

TURNER: This is my "One More Thing" today. I'm in for Dana.

GUTFELD: A real dog.

TURNER: So in Dana's honor, we brought in Olivia. This is Olivia.

GUILFOYLE: Very cute.

WILLIAMS: Very.

TURNER: Thank you. She's 7 years old.

GUTFELD: Really?

TURNER: And it's her dream to be on "The Five." So I said let's -- it's Christmas time. Let's make it happen.

WILLIAMS: Telegenic.

GUILFOYLE: A massage you're doing there.

TURNER: Yes. It's a belly massage.

GUILFOYLE: Put her up next to your face. Because you're so cute, the two of you. Right?

TURNER: Can you see the resemblance?

GUILFOYLE: Yes, I can.

WILLIAMS: Beautiful.

GUILFOYLE: Cute.

TURNER: She's my daughter. You can tell, right?

GUILFOYLE: She's well taken care of.

TURNER: She's also my research assistant. She helps me. Like, she helps me prep for the show.

WATTERS: We can tell.

GUILFOYLE: Set your DVRs. Never miss an episode of "The Five." "Special Report" is up next.

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