Trump reportedly told he's not a target in Cohen probe

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Trump reportedly told he's not a target in Cohen probe

Report: Deputy Attorney General Rod Rosenstein told President Trump last week that he is not a target of the Michael Cohen investigation; reaction and analysis on 'The Five.'

This is a rush transcript from "The Five," April 19, 2018. 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, Kennedy and Tyrus. It's 5 o'clock in New York City, and this is "The Five."

And some breaking news on the Russian investigation. Deputy Attorney General Rod Rosenstein reportedly telling President Trump just last week that he is not a target of any part of the special counsel investigation or the investigation into his longtime lawyer Michael Cohen, this latest development sure to be seen as great news by the president who just railed against the investigation as a, quote, hoax.

(BEGIN VIDEO CLIP)

PRESIDENT DONALD TRUMP: There's no collusion. There was no collusion with Russia, other than by the Democrats. This was a, really a hoax created largely by the Democrats as a way of softening the blow of a loss. This is a hoax. As far as the investigation, nobody has ever been more transparent than I have.

(END VIDEO CLIP)

GUILFOYLE: And just moments ago, former FBI Director James Comey weighed in on the news, of course.

(BEGIN VIDEO CLIP)

JAMES COMEY, FORMER FBI DIRECTOR: I don't know what it means. It's a fairly standard part of any investigation, trying to decide whether a person you're encountering is a witness, a subject, or a target. A target is someone on whom the investigation, the grand jury has developed significant evidence, evidence sufficient to charge. Witness is somebody has nothing to do with any exposure. And a subject is everybody in the middle. So, I don't know the context in which the deputy attorney general did that, but that's the general framework.

(END VIDEO CLIP)

GUILFOYLE: All right, another episode of tonight's Shakespeare in the park starting James Comey. All right. So, Jesse, he's, you know, just a thoughtful guy, poetry in motion here, and wants to weigh in on everything to sell a couple of books.

JESSE WATTERS, CO-HOST: Yeah, and he will sell books, but I think his time is up. People are already sick of James Comey, but we're not going to be sick of him when he comes on Fox News.

(LAUGHTER)

WATTERS: We'll really tune in to Bret Baier tear him apart. The Trump- Russia investigation has lasted almost two years at this point. This has gone longer than the 9/11 commission. They've had multiple people from team Trump testified in front of the house and the senate, some of them three to four times. They turn over, over a million documents. They found no collusion. If there was a smoking gun of collusion, it would have leaked because everything else does. There are no crimes that we have seen so far, so I don't know what they're looking for. You know who hasn't even testified in front of Mueller? Brad Parscale, Trump's own campaign manager, the head of the digital media strategy during the election. He's never even been brought in to be interviewed. So, what is Mueller doing? Mueller, I guess, they approved this raid on Cohen for a campaign finance violation to pay off a porn star. I mean, that's like a fine. Bernie Sanders paid 14 grand for taking money from the Australians. You don't raid some guy house over a campaign finance violation.

(CROSSTALK)

WATTERS: Exactly. So, it's totally heavy handed. I think what they're trying to do is flip and squeeze Cohen because they think he might have something based on the dossier. He was the centerpiece of the dossier. They said he was in Prague and he's meeting with Russians, and they're going to cook up some scheme to rig the election. His passport says he's never even been to Prague. So, I don't have any idea what they're looking for. If you look at the collusion, Hillary was the one that paid for fake news from Russia. She was the one that got that into the bloodstream of the intelligence community. It was her husband that took a half a billion dollars to speak in Moscow, not Trump's spouse. It was her foundation that took millions of dollars from the Russians, not Trump's foundations. So, when you look at how it's been treated the FBI did not go after the DNC server. The FBI did not try to seize Hillary's server. Instead, they tried to seize Trump's lawyers' computers. And, they respected Hillary's attorney-client privilege, obviously, not Trump's attorney-client privilege.

GUILFOYLE: Double standard.

WATTERS: Huge double standard here.

GUILFOYLE: Yeah. All right, Jesse rests his case. Kennedy, do you concur or do you supplement with an amicus brief?

KENNEDY, GUEST CO-HOST: No, here's a -- here's a couple of different things that are happening here. Either this is a way of having the president let down his guard and his defenses.

GUILFOYLE: Right.

KENNEDY: . so he agrees to talk with the special counsel and cooperate with the investigation, so they can ensnare him in some sort of a perjury trap.

GUILFOYLE: Sure.

KENNEDY: And then, you know, we'll push the boundaries and figure out whether or not a sitting president really can be charged with something. Or the investigation is actually winding down and people will find that it's been a big waste of time and money. And I think if that truly happens, there will be so much frustration. And it's actually worse for this situation that we're in right now with the FBI and the DOJ, because there's been such an erosion of trust. And now, if you have politicized bodies, which are supposed to be objective, going after people to bring them down because they're unhappy with the outcome of an election, what does that say about the state of government when you can't even trust an objective source?

GUILFOYLE: Right, I know. OK. So, Tyrus, welcome to the program.

TYRUS, GUEST CO-HOST: Hi.

GUILFOYLE: Nice to see you. Hi.

TYRUS: Hi.

GUILFOYLE: Hi.

TYRUS: Oh, man, you know what? When I look at my life and every time I've been in trouble with the law, which hasn't been a lot, but when I have, they say, hey, Tyrus, you're not a subject of this investigation. High five. I'm not talking more. May I go? And that's how our president needs to treat this. I'm not a subject, cool. Move on. Let's focus on the infrastructure. Let's focus on some other stuff. It's not me, guys. So, whoever they're looking for, enjoy that. But, as far as I'm concerned, it's done. He shouldn't talk to him, because he's not a target of the investigation.

GUILFOYLE: Some people -- mousetrap.

TYRUS: This is a great day. This is a great day. If you told me I'm not a target, I don't have to talk to you anymore and we can move on.

GUILFOYLE: Yeah. So no sour grapes, right, Juan, is that he should just let it go?

JUAN WILLIAMS, CO-HOST: Well, he's been told that he was not a target before.

KENNEDY: Yeah, exactly. And then, he was a subject, but not a target.

WILLIAMS: That's what I've just said.

KENNEDY: Yeah.

WILLIAMS: Thank you.

KENNEDY: I wonder if he's still a subject, though.

WILLIAMS: Exactly. I think he is a subject, but I don't know. The point was that he's not a target.

GUILFOYLE: Well, a subject and turn into one.

WILLIAMS: Yeah. He can instantly turn into a target. So, it doesn't have a whole lot of significance in that regard for this investigation. I was so fascinated listening to Jesse. Sometimes I listen to Jesse, and I think Jesse is -- Jesse is the poet of Trumplandia. Yeah. Because you capture the president's voice so able.

WATTERS: I'm just happy you're actually listening to me, Juan.

WILLIAMS: Of course, I listen to you.

WATTERS: A lot of the times it doesn't seem like it.

WILLIAMS: No, no, I listen. I listen because you're my inside source, brother. I listen to you because I want to hear.

WATTERS: I think you're listening, but you're not hearing.

WILLIAMS: Oh, no, I hear. But then, when I hear, sometimes I think, oh, like, gee, I wonder -- let's say -- let's say that Paul Manafort is watching The Five. Oh, how about Michael Flynn? I bet he watches The Five.

WATTERS: Yeah.

WILLIAMS: How about George Papadopoulos -- you think he watches The Five?

WATTERS: Yeah.

WILLIAMS: They wouldn't say that nothing has come of this investigation. They'd say, my God.

WATTERS: What is that have to do with collusion?

WILLIAMS: . I might be going to jail.

WATTERS: What is that have to do with collusion?

(CROSSTALK)

WATTERS: He has a five page.

(CROSSTALK)

GUILFOYLE: Right, you two.

TYRUS: They've got to hug it out. I've been watching this for years. You two need to hug it out.

(CROSSTALK)

GUILFOYLE: Breaking news just in right now from the Washington Post, former Mayor Rudy Giuliani is saying that he is joining President Trump's legal team in an effort to help negotiate an end to the Mueller probe. And that is just in from the Washington Post. And while the president isn't currently a target in the Cohen investigation, he could have some reason to worry still because according to the Wall Street Journal, one of Mr. Trump's longtime legal advisors just warned him, Cohen could turn on the president if he is charged. Kennedy.

KENNEDY: No, but to Juan's point, yeah, there have been some procedural indictments.

WILLIAMS: Yeah.

KENNEDY: And that just goes to show you, if you cast a big enough net, you can grab some fish. But, in the end, what does that do for us? Does that make the world a more just place? Does that really hold people accountable? Or does it just show that if you get enough warrants and you go through enough stuff, you can pretty much tag anyone with anything.

GUILFOYLE: Hundred percent.

WILLIAMS: You know, I think.

GUILFOYLE: . grand jury, this is a great point from a legal perspective. They've just tossed everything up against the wall.

WILLIAMS: Well, I mean, I just don't see it, Kennedy. I mean, go back to what Jesse was talking about in this most recent case where it's portrayed, oh, the feds knocked down Michael Cohen's door to get these documents, they're on -- guess what, you know, several layers of governmental officials and judges, most of them Republicans, had to approve of this. It was a legitimate execution of a warrant. And so, you have to keep that in mind. But, getting back to Cohen, today, the big news on Cohen is, no, I'm sorry. I'm sorry, BuzzFeed. I'm sorry that I was threatening to sue you. Oh, I'm sorry, Fusion GPS. I'm not suing you either. We don't want any trouble with you, says Cohen.

WATTERS: Oh, yeah.

WILLIAMS: Maybe Cohen's attitude is changing.

WATTERS: You know why he's attitude is changing because he probably is looking at his bank account, and he's realizing he's not going to be able to afford this lawsuit against BuzzFeed, because it's going to cost an arm and a leg and he's probably up to here in legal defense bills on being raided. So, I think it's more of a monetary issue, less of a factual issue. And on the Rosenstein thing, Rosenstein was the one that did approve the raid. He's conflicted. I mean, he was the one who wrote the memo saying why Comey should be fired.

GUILFOYLE: But then, he went to go.

WATTERS: And now, he's overseeing an investigation into whether Trump broke the law in firing Comey.

GUILFOYLE: Perhaps some conflict.

WATTERS: You don't see that as a conflict. And, he was the one that sign off on the warrant to survey the Trump campaign.

WILLIAMS: He's the deputy attorney general. That's his job.

WATTERS: Right, and then he broke the law because.

(CROSSTALK)

TYRUS: Everyone keeps talking about the advice he's given to by his attorney. Again, I haven't done anything wrong, but if I ever had an advice from an attorney, it was great advice. It has nothing to do with Cohen's character. He was telling as a lawyer, this is the things you need to be aware of. Juan, you and I are tight. If you get indicted, I'm not going to call you.

(LAUGHTER)

TYRUS: No matter what, I'm just not going to do it. I'll tell you don't talk to me. Don't talk to me.

(CROSSTALK)

TYRUS: -- it doesn't mean there's anything there. He's an attorney. He's done things that he's supposed to do as an attorney, not all pretty, some of it ugly. That was his job. He took on the responsibility that comes with that and the penalties from that. He's a fixer. I was a fixer for Snoop. I did things. I never told him what I did. Is the problem over? Yes, it is.

GUILFOYLE: Is Giuliani the fixer, a kin to your.

TYRUS: Giuliani is a crazy pit bull who -- I would want him on my side.

(CROSSTALK)

GUILFOYLE: Breaking news about Giuliani being added to the team.

KENNEDY: It actually -- it doesn't surprise me. And this is probably a better place for him than being attorney general or having some other formal post in the administration because he's very loyal to the president. He knows the law well. He's been a U.S. attorney. And he knows how to combat a lot of the stuff from the inside out, but he's also a politician. And he is a fighter. And, you know, he has remained loyal to the president even though he wasn't given one of the plum posts that many thought he was going to after President Trump's election.

WATTERS: And I think they were a little worried about him going through the nomination process, because some of the things that might have come out. But now, he doesn't have to go through that process. And I like how they've couched this is that they're negotiating the winding down of this deal, because how many months have we heard that this thing is going to end? I mean, every other month it's like we're winding down, we're winding down. Hopefully, this is going to be an indication that, perhaps, they are negotiating a winding down of this investigation.

WILLIAMS: Well, I think part of this story, today, is that Trump can't get most of the top-notch conservative lawyers in America to come work for him. And so, he's talking to.

WATTERS: How dare you besmirch Jay Sekulow?

WILLIAMS: Jay Sekulow is working for him.

WATTERS: I know, I'm saying.

WILLIAMS: Jay has lots of ties to lots of people and beyond Donald Trump. But here's the thing, so you get Rudy Giuliani, and Rudy Giuliani, by the way, in addition to being former mayor of New York, was a former prosecutor.

KENNEDY: Correct.

WILLIAMS: . very successful prosecutor. So, he has some insight there. He's been out of the game for a while. That's not to the president's advantage. But, you notice the president was calling a lot of his former lawyers. Just last week, the Wall Street Journal, today, reports, one of those former lawyer told him, go ahead, fire some of these guys. Get rid of Rosenstein. Don't be bashful. Definitely, don't talk to the investigators. So, I think he's reaching out to the old gang because he can't get the best of current criminal lawyers.

GUILFOYLE: I think that's totally -- totally a false statement.

WILLIAMS: Go ahead.

GUILFOYLE: Yeah, honestly. Because he can get who he wants and who he needs. He listens to a variety of different opinions. And, Rudy Giuliani is very well respected. I would not say in any way, oh, he's out of the game and not going to give the president -- he still wields a tremendous amount of influence. He was an outstanding prosecutor. Take it from Juan. And, I think that he's actually going to be a very well reason, measured addition to the president's team, especially at this juncture. You bring in specialists at certain points in different phases. And just because these people are saying that they're winding the investigation down, doesn't mean that they -- they didn't get a smoking gun. That they're still not going to try to go after the president.

KENNEDY: He's also a former prosecutor and a politician. And knowing the law and politics I think is really critical because so much of this -- and, you know, a lot of the perception going into the midterms and 2020 hinges on this and the outcome of it. And that's why it's really important to have someone who can do both things ably.

TYRUS: Plus, Trump is a loose cannon. As a lawyer to tell him what to do, and tell the president -- our president want to do. So, chances are, he has to refer to guys who have told him what to do in the past to, you can have that conversation. But, as a client, he's very difficult, because he'll say, listen, we're not going to talk about anything. And then, he'll go out and tweet and say what's on his mind. Some will say some wrong. So, a lot of attorneys don't want that headache because they cannot rein him in, where Giuliani might have relationship. Guys who work from the past, they know how to deal with him. So, I think it's more of that, opposed to why would you not want to be on the front end of a fight.

GUILFOYLE: Sometimes you go back to your roots, right? You go old school.

TYRUS: You have to, because he's old school.

(CROSSTALK)

WILLIAMS: Yeah, I think -- that's why John Dowd is no longer there. He won't listen to him.

GUILFOYLE: All right, ahead, should Hillary Clinton be worried that the DOJ's inspector general is now recommending criminal charges against Andrew McCabe? We have the all details, next.

(COMMERCIAL BREAK)

WATTERS: House Republican sent a criminal referral to the Justice Department pushing for criminal prosecutions of former Obama officials like Jim Comey, Hillary Clinton, and FBI love birds, Peter Strzok and Lisa Page. They argue, quote, those in positions of high authority should be treated the same as every other American. Comey brushed off the claims on The View, yesterday.

(BEGIN VIDEO CLIP)

COMEY: I haven't read it. I don't know what to make of it. It seems they have been saying that stuff since the Clinton email investigation. A whole lot of that is already being looked at by the inspector general through Department of Justice, which is a very good thing. And, I don't have any other reaction.

UNINDENTIFIED FEMALE: OK.

COMEY: The accusations are not true. I guess I should have said that first, but.

UNINDENTIFIED FEMALE: Right.

COMEY: But that's OK.

(END VIDEO CLIP)

WATTERS: Judge Nap also calling on the attorney general to take action against Hillary.

(BEGIN VIDEO CLIP)

JUDGE ANDREW NAPOLITANO, FOX NEWS SENIOR JUDICIAL ANALYST: The evidence of Mrs. Clinton's guilt of espionage, failure to safeguard state secrets, that's the 22 or 23 top secret pieces of information that were on her private server.

UNINDENTIFIED FEMALE: This is a big deal.

NAPOLITANO: The failure to do that, the evidence of guilt is overwhelming. There's evidence of serious felonies on her part. She shouldn't be immune from prosecution because she ran for president and lost, or because her last name is Clinton.

(END VIDEO CLIP)

WATTERS: Well, we don't know if the DOJ will move on that. We did learn today that the department's inspector general did recommend criminal charges for fired FBI official Andrew McCabe. McCabe's team just responding saying they are confident the U.S. attorney's office will decline to prosecute. So, Kimberly, Judge Nap, lock her up chant, you know, on -- I think it was at Fox & Friends, who knows. But, he's pointing to, I guess, gathering and transmitting information relating to the national defense, not securing it. I mean, that's a 10-year stint, right there. That's serious business.

GUILFOYLE: He's not wrong about the law and the penalty, of course. Whether or not there's going to be the wherewithal, and the intention, the motivation to be able to follow through on those charges and pursue them. So, it's interesting because there's been so much that we've discuss and goes through with this, but that is something that was, sort of, people thought was going to come back like the ghost of Christmas past. Like, OK, let's take a look at this again. Were they properly maintained, this classified materials? Was there a breach? If so, was this intentional? Is this something that she should be, you know, investigated for, prosecuted for? Etcetera. So, now we see the decision with respect to McCabe, and saying that, perhaps, the DOJ -- they're not going to pursue it.

WATTERS: Right. So, with respect to McCabe, Juan, I mean, if you're going to do things by the book, he lied four times, three times under oath, technically, he can be prosecuted for that.

WILLIAMS: That's what you're saying.

WATTERS: And, how do you feel about that, a liar and a leaker, Andrew McCabe?

WILLIAMS: I don't know that he's a liar and a leaker.

WATTERS: Well, he lied about leaking.

WILLIAMS: So, I know is that the inspector general says that he found him to have lied, and he believes that he lied about something of substance, which is -- by the way, just for the viewers so they know, this is about a Wall Street Journal article about a probe into the Clinton Foundation. And, it's interesting because McCabe was making the case that despite objections from higher-level Justice Department officials, the FBI should be allowed to pursue an investigation into the Clinton Foundation, and that's what he was saying to the reporter. Now, apparently, Comey, who ordered this investigation, and he are at odds, and the inspector general says that McCabe is the one that was lying. So, I don't know. But, yes, refer it -- let's see what happens. But, we don't know for sure that anybody is doing anything that favored Hillary Clinton versus -- to the contrary, what we're seeing is McCabe was saying I want to investigate Clinton.

WATTERS: Right. Also to come out, you're right, of that was that the person he had do the leaking was Lisa Page, the FBI agent. Remember, it was texting Peter Strzok, and they were talking about, in Andrew McCabe's office, an insurance policy to protect against a Trump presidency. Now, she, as long as Peter Strzok are in the cross hairs of this criminal referral as well.

KENNEDY: Yeah, there are so many vectors here, and they all point to unholy hell. And every time James Comey opens his mouth, Hillary Clinton has to be pulling her hair out, because he is illustrating these contradictions, the contradictory statements that he has made under oath. And he's also -- you know, for example, Andrew McCabe, according to James Comey, is a good person, and good people lie. However, the president is a bad person and morally unfit because the president lied. So, James Comey can't have it both ways, and that is the least of his concerns. What's really interesting is, you know, he's obviously not a man with stones. And he's terrified to come out and make any straightforward statements.

WATTERS: Right.

KENNEDY: But, he'll sort of dance around an issue and he's thrown Loretta Lynch under the bus. And he has said that there is some classified information about Loretta Lynch that he can't talk about, but what he is implying is that it has to do with Hillary Clinton's campaign and the DNC. And, you have to wonder if they put pressure on Loretta Lynch to shut down this Clinton Foundation investigation, which Andrew McCabe didn't want to do. And he felt he had to CYA. So, he went to the Wall Street Journal to sort of clear his own name, panicked and lied about it. And now, here we are in an even deeper quagmire.

WATTERS: A deeper swamp, Tyrus, what do you think?

TYRUS: I'm glad I'm tall. This is an ugly, ugly time for the FBI. I mean, it's just shameful. And, I'm one of the people -- I don't want to hear the Hillary Clinton name anymore. I wanted to go into Mitt Romney- ville. I just want it to go away. You know, come back.

(CROSSTALK)

TYRUS: He's back. But he's back. There's been enough time where we forgot. But, this whole thing with her investigation, it was so sloppy, and the story has now become the FBI, and the lying and the covering up. So, it's almost -- you almost have to have a special counsel look into the whole thing because there's so many parts to it now. I want it to go away. I didn't want to see a -- I want it to go away. Every time I hear her name -- just move on.

WATTERS: Yeah, we'll cut a deal. You guys drop the Trump stuff, we'll drop the Hillary stuff, and then we can move on to the midterms.

WILLIAMS: As in, oh, geez, she's the president, she deserves all -- no, somebody else is president. Who's that, Jesse? Oh, yeah.

WATTERS: Donald J. Trump.

WILLIAMS: Oh, yeah.

WATTERS: Eight years, Juan. Eight years.

WILLIAMS: Just besmirched the FBI, go after CIA.

WATTERS: They've besmirched themselves. Everyone has been fired and demoted.

TYRUS: Have you ever heard the FBI, so much to where we know, who the FBI is as has been now. You didn't used to hear about them all the time. They weren't the story. And that's my problem with this whole thing, is Comey and them are the story.

(CROSSTALK)

TYRUS: And that's shameful.

KENNEDY: Right.

TYRUS: That's not what the office is.

WILLIAMS: I think this is Trump's team going after them, so to undercut the Mueller investigation.

KENNEDY: Did Trump's team write the book, Higher Loyalty, that blah, blah, blah, about James Comey?

WILLIAMS: Who fired Comey?

TYRUS: Trump did.

WILLIAMS: Oh.

KENNEDY: Either one of them would have fired Comey.

(CROSSTALK)

WATTERS: All right, they were in captivity, but now dozens of dangerous gang members are prowling the streets again thanks to America's defiant sanctuary cities and states. The outrage, coming up.

(COMMERCIAL BREAK)

WILLIAMS: Welcome back. The Trump administration waging a war against jurisdictions that provide sanctuary to illegal immigrants, now they've released some statistics to support that concern. More than 100 suspected members of MS-13 and other gangs were released in sanctuary cities and areas, generally, last year, and that came despite requests from the federal government that they be held. This is a breakdown by state. Two- thirds of those releases occurred in California.

President Trump set on Twitter today: "California's dangerous policies of releasing violent criminals puts all Americans at risk." He also thanked San Diego County for backing the administration's lawsuit against the state.

Kimberly, what do you make of it, my California friend?

GUILFOYLE: California. I know. We seem to always go back and forth here on this.

Yes, it's really gotten to be pretty accelerated and out-of-control in California. And, you know, I remember the good old days when I was back there, when I was first lady in San Francisco. Seemed like it was just much more sane at the time.

But now you have such a big, aggressive push. You have backlash from certain counties to say, "Wait a second. Don't lump us all into this. We want to follow the law. We want to uphold the law. We want fairness, and we're actually seeking justice, not injustice. We want people to come into this country legally. We welcome with open arms. OK? And that's how it should be."

When you see the law broken and people coming in and essentially back and forth revolving doors, that's not helping the immigrant, illegal immigrants and their families, the children. The people get separated. It's not healthy. The local law enforcement and ordinances in the border. It's just fraught with complications and problems.

And this is an issue that President Trump is not going to give up on, but it also seems that, you know, Governor Brown is digging in. Lieutenant Governor Newsom is digging in. And this is really becoming a very large political issue for the upcoming gubernatorial election.

WILLIAMS: OK. So Jesse, help me out here just for a second so the audience understands what's at stake.

The sanctuary cities legislation says basically, if you have your average illegal immigrant in jail. They get out of jail. The city or the state has no obligation to notify the feds. But if it's a violent criminal, they will let you know. And then, of course, if there's a detainer or a warrant, they definitely are obligated.

WATTERS: If it's a felony they're holding him on, it gives the locals discretion to contact the feds. It isn't mandated. But there's also other elements.

So if you pull over a guy for running a red light, and he's got tattoos all over his face, no I.D., can't speak English, you can't even ask him about his citizenship. And they restrict ICE access to prisons. And you can't hold an illegal immigrant longer than you would otherwise while you wait for the feds to slap the detainer.

WILLIAMS: So what -- what does the president want?

WATTERS: So the president wants these sanctuary cities defunded, and he wants ICE --

WILLIAMS: That they would, even with someone who wasn't a criminal or a violent criminal, that they would hold them until the feds come get them.

WATTERS: I think they'd prioritize it. If that someone that's not here in this country legally and it's just, like, a small thing, maybe shoplifting or something tiny. Obviously, the feds are going to prioritize it, because they're busy.

If someone punches you in the face, steals a car, is selling narcotics, something big. Then the president wants ICE to be able to go in there and go in there and get those guys and then ship them out. Bad hombres.

WILLIAMS: So Kennedy, with the numbers show coming from the president and the White House today. Thirty-seven jurisdictions that have been engaging in this kind of behavior. Obviously, California, two-thirds of these numbers. But you know, states like Washington. Washington state also involved. All over the country. What do you think?

KENNEDY: If that's how the states want to play it, that's fine. If they want to operate independently, I don't have a problem with that. I also think -- you know, I happen to have a very high opinion of most immigrants who come to this country because most don't commit crimes, and they work very hard.

And I hate to see them lumped in with members of MS-13. The problem is if you're letting bad people go and enter into society and hurt people, they get really good at not getting arrested and committing -- continuing to commit crimes. And that's not OK. And you end up having a disingenuous conversation about immigration and about crime.

And unfortunately, immigrants get tarred as all being really bad people who want to hurt you and take your stuff. And by and large, that is just not vastly the case.

And I also like the -- I love California. Like Kimberly, I love it. It's a great state, and I hate to see it torn apart. I hate to see this state turned into either "you're on our team or you're not." You're us or them. You're for us or against it. And that means that we have bad immigration policy from the top that is too confusing for states and counties.

GUILFOYLE: It's very polarizing. You make a great point. And the problem is you see this injustice. There's so many hardworking men and women and children that grew up in this country, from fantastic immigrant backgrounds like my family. And contribute to society and want to do it the right way. So it's unfair when we have to stigmatize it. But this is just the lawlessness cannot be ignored. When you see people like MS-13, who I had to prosecute, you know, when I was a D.A. in San Francisco and Los Angeles. I mean, the horrific crimes that are committed. They should not be allowed to come in and reenter again. Public safety issue.

WILLIAMS: Tyrus, I don't think he was talking about you with the tattoos.

TYRUS: I have tattoos but, you know, I was born in Massachusetts, so I'm good. But I grew up in California. And I don't see the upside of the argument.

Like I always try to look at things down the middle. And if you -- if you're here illegally, you're already breaking the law. And if you do something violent, you should be held. You should be held up. If you rob, you steal, you do things. If it was a normal American citizen and he had a warrant in a different place, they're going to hold you.

GUILFOYLE: Right.

TYRUS: It's only fair. And you're -- the worst thing is, is they're encouraging gang -- they're encouraging gang members to bring more guys over, because the worst that will happen is you'll do something and then they'll let you go.

WATTERS: They know California California.

TYRUS: They know the law better than the people who are arresting them. Just believe that. This isn't dumb. These aren't dumb. Don't ever think that these gangs are dumb. They're not. They know the system better than the system. So they'll just keep coming, as long as there's not a deterrent. If there's a deterrent, they'll stop.

WILLIAMS: I think what you said is true. I just worry that we are demonizing people who are --

TYRUS: It's not fair. It's not fair for someone who came in the right way. And -- yes.

WILLIAMS: OK. Another liberal governor goes on a tear about President Trump and -- and Trump supporters. That's straight ahead.

(COMMERCIAL BREAK)

KENNEDY: Dance party. Yesterday New York's far-left governor, Andrew Cuomo, bypassed his state's legislature and restored voting rights to tens of -- tens of thousands of felons. But he tore into the Trump administration for being undemocratic at Al Sharpton's annual convention. Watch.

(BEGIN VIDEO CLIP)

GOV. ANDREW CUOMO, D-N.Y.: They want to take what they believe and impose it on you. And that's just not anti-democratic. That is anti- American, my friends. And this administration is repugnant to all the values Dr. King spoke about. It's anti-immigrant, it's anti-woman, anti-gun safety, anti-equality, anti-environment, anti-inclusion. It is anti- everything.

(END VIDEO CLIP)

KENNEDY: Especially anti-logic. He also took a dig at Trump voters.

(BEGIN VIDEO CLIP)

CUOMO: I don't believe Mr. Trump won the election. I believe we lost the election. I don't believe anyone ran into the voting booth saying, "I can't wait to vote for Mr. Trump. Boy, I feel good about this."

(END VIDEO CLIP)

GUILFOYLE: Oh, my God,

KENNEDY: He seems to be speaking in a very affected tone. Jesse, what was he saying there? I couldn't quite grasp it. Is he a fan of the president?

WATTERS: I think what he's trying to do is, he's going to get outflanked by Cynthia Nixon, the "Sex and the City" woman. And so he has to go hard left, and he's going to try to be the anti-Trump crusader, because he doesn't want to attack the "Sex and the City" person because she's so likable. She's a celebrity outsider. She's female. She's fun. She's interesting. She's new.

And it's a better strategy just to go hard against the president. And just to be fair here, I don't know of any sitting Republican governor that ever called Barack Obama anti-American. I mean, if they did, I think the media would just rain hell upon that person until they were out of office. The fact that he can get away with saying that just shows how corrupt the media is.

KENNEDY: Well, Andrew Cuomo perhaps has some interesting ideas, Juan, about criminal justice reform. Put is granting felons the right to vote through his executive order the right way to do it?

WILLIAMS: No. I mean, obviously, the right way to do it is to go to the state legislature. But the problem, Kennedy, is it's Republican dominated in the Senate, and they have refused to act on this. So what he's doing --

WATTERS: That's not a problem.

WILLIAMS: What?

WATTERS: Nothing. That's not the problem.

WILLIAMS: Well, that's the problem in terms of what happened to Kennedy. So what he's doing is simply saying, "I'm looking for people who have parole." It's not that they are still. And then, people who are on parole would be given the right to vote.

KENNEDY: Do you think that's --

WILLIAMS: I think that's fine. As long as they're not, for instance, being given the right to serve on juries. But the idea is that people should be stakeholders in our society.

KENNEDY: Yes.

WILLIAMS: And I don't think that, for all time, you have to have your voting rights removed if you've been paroled.

KENNEDY: Now, is this just -- is this sort of like the sanctuary city policy and where you're reaching out to giant groups of voters, saying to them, "If I give you a grab bag, you'll vote with my party for life"?

TYRUS: I think you're right. I'm still stuck on that voice. I'm sorry. But I'm a little bit offended. He was at the Al Sharpton, and he was talking like this. "And we are anti-vet. And we can" -- Why are you talking that way? I mean, I have friends in college who used to do that. You don't have to talk that way. We're cool, bro. We're friends. You don't have to be -- you know. And literally just, "Eh, eh, eh." And I'm sure someone is like, "Bro, we appreciate it, but you don't need to talk that way. It's fine. We get it without the extra soul you put in there." It was a little (UNINTELLIGIBLE).

I'm anti-his conversation. Slow it down, bro.

GUILFOYLE: Slow it there.

KENNEDY: Speaking of which, he did have a little Soul Glow in.

TYRUS: He did.

GUILFOYLE: Roll it back. It was a little bit over the top.

KENNEDY: Is there a winning strategy for him, though?

GUILFOYLE: Well, it wasn't a winning tone. And I think it just seemed to me that somebody wants to run for president. And it's not just about governor, but it's about running for president. And he's taking a strong stance to try to, like, poke the cage. For anybody who is OK, anybody out there who is anti-Trump or, you know, that inflammatory rhetoric to try to stir up the base and get them for him.

And again, it's true. Because Cynthia Nixon is running, so he's going to try to attack even further left. That's a little bit of a squeeze play with, you know, her addition into the race. And now he's like, "OK, now what am I going to do? I've got to go this way a little bit." And then he has to run that way a little bit.

KENNEDY: I think you're absolutely right. He's looking past the statehouse and right to the White House. President Cuomo? What a ring.

All right, America, could you go an entire day without dropping a swear word? Tyrus is shaking his head no. The survey is in. And it is a big bleeping no. We'll discuss next.

(COMMERCIAL BREAK)

TYRUS: Getting my Greg on. If you've already dropped a few "F"-bombs today or another swear word of choice, you have plenty of potty mouth company. Twenty-five percent of Americans reveal that they can't get past breakfast without cursing. Most days, most of us have let one rip by 11 a.m., according to a new survey. But that just means you're smart. According to another study, intelligent people are more likely to cuss. In that case, I'm the bleeping genius.

GUILFOYLE: Yes.

TYRUS: I cuss all day. Juan, are you a cusser?

WILLIAMS: I try not to. I mean, it happens. It's just in casual --

TYRUS: Yes or no?

WILLIAMS: Well, yes, then.

GUILFOYLE: That was a very effective interrogation. Terrifying.

WATTERS: "Yes or no." I should treat Juan like that. Yes or no.

WILLIAMS: You do sometimes.

GUILFOYLE: Have you ever heard Juan be so brief? He was like.

WILLIAMS: Well, it's the truth. It's the truth.

GUILFOYLE: Good for you. That's funny.

TYRUS: Are you a cusser?

GUILFOYLE: Yes. Yes, former prosecutor. And, you know, plenty of time with detectives, police officers, gang unit, homicide unit, death penalty case. You read enough of these police reports.

But yes, I have read that study, by the way.

TYRUS: It's -- I find it interesting.

GUILFOYLE: Yes.

WILLIAMS: But you know the No. 1 reason?

GUILFOYLE: You try not to but, you know.

WILLIAMS: The No. 1 reason, though, isn't you know, you're dealing with tough people. It's that you have financial problems.

TYRUS: No, I'd say, I find it -- for me, I lose my car keys, it's game on. I lose it.

GUILFOYLE: A stress-related --

TYRUS: Bump my head, stub my toe. I mean, the list talks about home life, family, financials.

Watters, you do not strike me as a guy who cusses a lot. I believe you find other words, like --

GUILFOYLE: He's the least stressed person ever.

TYRUS: -- "golly, gee wilikers" kind of.

WATTERS: A very refined background.

TYRUS: I believe that.

WATTERS: My mother would wash my mouth out with soap if I cursed.

So yes, "Jiminy Cricket" has escaped my lips on a number of occasions when I lose things.

KENNEDY: Wow. Sexy.

WATTERS: Or when Juan makes me very angry. But you know, if I do curse, I put a little dime in the bucket. And that's about it.

TYRUS: That's -- that's amazing. I'm not even going to ask this one, because I know.

KENNEDY: Come on, man.

TYRUS: The epitaph is, like, a tapestry of just artful words.

KENNEDY: If there -- if there is a not a curse word on my tombstone, I have failed.

Growing up, we had a swear court, which was an unfinished foundation of a building, with a bunch of swear words written on it. And so my brothers and our neighborhood friends and I would go in the swear court, and we would swear.

GUILFOYLE: The swear court? That's so funny. It was like a safe place for swearing. Oh, my God.

KENNEDY: It was our safe space.

WILLIAMS: But I thought -- I thought --

GUILFOYLE: Colorful language but the kindest heart.

TYRUS: She had a horrible language safe space.

WILLIAMS: I thought ladies weren't supposed to do that.

KENNEDY: Whoa! Whoa!

TYRUS: Whoa, whoa. You can't ask that question, Juan. Are you out of your bleeping mind, Juan? You can't do that.

WILLIAMS: Well, I --

KENNEDY: Sexist gender flag on Juan, please.

TYRUS: Almost got through a whole show, Juan.

WILLIAMS: I thought so much of Kennedy.

WATTERS: Outdated gender stereotypes, Williams.

WILLIAMS: OK, OK.

TYRUS: Shame on you.

WILLIAMS: Oh, no.

TYRUS: Shame on you.

WILLIAMS: I got thrashed. Oh, no.

GUILFOYLE: Mom, send a nice text.

TYRUS: Twitter is going to let you have it.

WILLIAMS: Oh, boy. Here I go.

WATTERS: That wouldn't be a new thing.

TYRUS: Yes, you -- yes, you leave him alone. He's a good man.

GUILFOYLE: There you go.

TYRUS: Oh. "One More Thing" is up next.

(COMMERCIAL BREAK)

GUILFOYLE: It's time now for "One More Thing" and also "Kimberly's Food Court." Oh, yes! Yay! The buffet. We love it. The banquet hall.

OK. So the verdict is in. I knew that if I waited long enough that somebody would come up with a study that would tell me that pasta is not bad for you. That eating all these carbs is actually quite fantastic. So it's no longer the bad guy. OK, Tyrus? Pasta is back in.

A new study says that you don't have to avoid pasta if you want to lose weight. So researchers found that people lost more weight on a low glycemic diet with pasta. Kennedy will explain that later. And that pasta itself did not cause weight gain or an increase in body fat. I think if you ate a lot of it, that might be a problem. Well, this doesn't mean that, yes, you can drown yourself in penne or, as Jesse is doing right now, spaghetti and meatballs, but it's great news, because I love spaghetti and meatballs. It's one of my favorites. And I'm sorry. We'll get gluten- free for sweetheart Kennedy next.

You don't want any, Juan? OK. Juan. "OMT."

WILLIAMS: All right. So Damien Shrader got a surprise in the mail the other day. A summons for jury duty. So why is that a surprise you ask? Take a look at Damien. That's right. He's 4 years old. Previously, Damien only got letter in the mail. That was from Santa Claus.

Anyway, his mom took him down to the Luzerne County Courthouse this week for jury duty. He was excused, because he had to go to preschool. Damien's folks think he ended up on the jury list because of tax documents filed by his family after they bought him some stocks. But who knows? Maybe we need 4-year-old jurors.

GUILFOYLE: I think we do. Sometimes, they might be quite -- more sensible than the adults in the box -- Jesse.

WATTERS: OK. So yesterday we did a segment about, you know, when parents have kids, whether they should actually say they have a favorite child. I weight in, and I said, obviously, I felt that I was the favorite child. You know? Naturally.

My father weighed in. So now we have dad text. This is what he said.

GUILFOYLE: Oh, my God.

WATTERS: "We took turns so both of you felt the spotlight. Well, you were the first born, and that by itself carries a lot of weight. Then you were the star at so many things. And then you pushed the limits. And Eliza decided to seek and get the positive attention. And then Mom and I realized so many parts of you and Eliza were our parts, too. We now can brag about each of you equally."

WILLIAMS: Ohh.

WATTERS: Isn't that nice? Dad text.

GUILFOYLE: They should write a parenting book. "I Just Decided." And then base it on the themes, Mom and Dad texts. That's so sweet. But I love how he's so particular --

WATTERS: "How to Raise a FOX News Host."

TYRUS: Man. Having a dad sounds cool. I never (ph) got one of those. Sounds cool. Wow.

GUILFOYLE: Oh, my God. I think you turned out so well.

TYRUS: Yes, but I would have liked a dad text.

GUILFOYLE: I'll send you --

TYRUS: But then I would be like "Who's this?" Yes. Never mind. Go ahead.

GUILFOYLE: OK. Kennedy.

KENNEDY: This one I know will ring in your heart. And it is bittersweet. The last of Queen Elizabeth's Corgis has passed.

WATTERS: Aww.

KENNEDY: Willow was 14 years old. She was suffering from cancer and was put down in the palace. The palace has yet to release an official statement, but the queen fell in love with her Corgi Susan when she was 18 years old. It was a gift in 1944. She took Susan with her on her hot, hot honeymoon with Prince Phillip when they married. That's how attached she was to the dog.

GUILFOYLE: Cute.

KENNEDY: And Susan's blood line has lived on through these Corgis with the queen, but the queen decided a few years ago that she was going to stop breeding her dogs. And the last of Susan's line has fallen into eternal puppy slumber.

GUILFOYLE: That's actually really sad.

KENNEDY: It is sad.

GUILFOYLE: "Dog News" instead of "Royal News."

KENNEDY: The queen is so deeply associated with those dogs. So it is the end of an era.

TYRUS: My series on "The Crown" was I saw the dogs; I loved them. So yes, Watters, I watch "The Crown."

WATTERS: You watch "The Crown" and I don't. That's shocking.

GUILFOYLE: I love your complexity.

TYRUS: Take a look at this. I'm deep. It goes with being tall. But take a look at this. A six-year-old watching his favorite wrestler, John Cena, get choke slammed by Kane. This is the best part of being a wrestler when the fans believe the magic. And just look at this. Where is he? Where is he? There he is.

(END VIDEO CLIP)

KENNEDY: No!

TYRUS: John, if you see this, you should probably, you know, send him a T- shirt or something. Looks like he has a starter set. But this is something I do all the time, too, when I'm in the ring. You find somebody and you point him out, and if I'm a bad guy that night, I'll stare at him and tear him up or whatever.

But the best part about this. You see the sad and --

GUILFOYLE: All right. Set your DVRs. Never miss an episode of "The Five."

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