This is a rush transcript from "The Five," October 1, 2018. This copy may not be in its final form and may be updated.
JESSE WATTERS, CO-HOST: Hello, everybody. I'm Jesse Watters along with Emily Compagno, Juan Williams, Dana Perino, and Greg Gutfeld. It's 5 o'clock in New York City, and this is "The Five."
Major developments in the confirmation battle over Brett Kavanaugh. The White House giving the FBI the go-ahead to expand its investigation of the Supreme Court nominee by interviewing anybody it deems necessary. This is a source tells Fox News the bureaus probe could wrap up as early as tomorrow. President Trump standing by his nominee in light of the latest FBI review.
(BEGIN VIDEO CLIP)
PRESIDENT DONALD TRUMP: This is now their seventh investigation. So, it's not like they, you know, just starting. I want them to do a very comprehensive investigation, whatever that means according to the senators, and the Republicans, and the Republican majority. I want them to do that. I wanted to be comprehensive. I actually think it's a good thing for Judge Kavanaugh. Now, with that being said, I'd like it to go quickly. And the reason I'd like it to go quickly, very simple, it's so simple, because it's unfair to him at this point.
(END VIDEO CLIP)
WATTERS: Meanwhile, after demanding this FBI probe, Democrats are predictably complaining that it's not good enough.
(BEGIN VIDEO CLIP)
UNINDENTIFIED FEMALE: Well, based on some of the reports that we've seen this weekend, I'm very concerned about this because the White House should not be allowed to micromanage an FBI investigation.
UNINDENTIFIED FEMALE: There's time, you know. The thing is that every senate vote matters and there's time to get to the bottom of it even if it's seven days. That's bad enough. But then to limit the FBI as to the scope and who they're going to question.
(END VIDEO CLIP)
WATTERS: Plus, the Arizona prosecutor we saw at the hearing last week is dealing a blow to Democrats. Rachel Mitchell details in a memo why she would not bring criminal charges against Kavanaugh, saying it's even weaker than, quote, he said-she said. All right, Dana, you missed this on vacation, this Kavanaugh situation still happening.
DANA PERINO, CO-HOST: I kept tabs on it a little bit. Was able to -- you know, they have some -- a thing called wifi.
WATTERS: Wifi.
PERINO: . over there in Spain. It is absolutely remarkable week. And it's -- one thing, Greg, I reveled our texts, I said I can't believe that I've missed that week. And he said that's OK. Next week will be worse.
(LAUGHTER)
PERINO: And here we are.
(LAUGHTER)
PERINO: So, extremely compelling and some interesting polling came out today from Quinnipiac which just saying that 48 percent of people polled, voters polled, said they do not think he should be confirmed, 42 percent did. But, 56 percent think he's being -- this is part of a political smear campaign. And -- I can't remember the other number. So you're going to see some more polling on this. There are basically four senators now that this comes down to, Murkowski, Flake, Collins, and then, Manchin. And President Trump was in West Virginia over the weekend. There's incredible pressure on Senator Manchin because his constituents and a number that is like astronomical, want Brett Kavanaugh to be confirmed.
I think a risk for Brett Kavanaugh this week over his nomination, for him personally, is that now the hearing is done, now we've got this FBI investigation, as you said, Democrats saying, well, that's not good enough. Senator McConnell saying today, we will vote this week. And, in the meantime, you basically have dead air for Brett Kavanaugh. President Trump speaking so passionately about his nominee today from the Rose Garden helps fill that gap a little bit, but the news cycle move so fast. President Trump has a rally tonight. He's got one again tomorrow. How long can he keep this going? It's really important, I think, for the nominee and for President Trump to keep it in the news on their terms.
WATTERS: Well, he's high-energy enough. I think he can fill the void. This Mitchell report, Emily, that came out. And she was, you know, nonpartisan sex crimes prosecutor who the Republicans brought in. She released this letter that said some really interesting things that she would never, ever, bring charges in a case like this. It is incredibly weak for a number of reasons.
EMILY COMPAGNO, GUEST CO-HOST: Right, multiple things about the report. So, first of all, we're already hearing backlash that she even submitted a report which I find preposterous because what is she going to do? Text from the plane, like, thanks guys. That's a wrap? This was outsourced by the senate judiciary committee Republicans for her to do a job. So, of course, she's going to issue a report. And I'm also hearing a lot of backlash from other prosecutor saying, well, this wasn't a proper investigation and that's not the appropriate standard. But, the bottom line is she did the absolute best with what she was given and the investigation in that closed world. She used a preponderance of evidence standard which is the lowest. And note this that to bring charges as a prosecutor, the standard for that is that you have reasonable belief that the charges are supported by probable cause. And then also admissible evidence is supported by beyond the reasonable doubt and that it's in the interest of justice. So, she used, basically, the lowest possible standard, giving it the lowest bar to cross and still found it insufficient. So, I found the report absolutely telling and that she should be given a lot more credence than she is.
WATTERS: So, Juan, are the Democrats out of bullets here? We've had hearing after hearing. He's produced more documents and answered more questions than any SCOTUS nominee in history, and now we have a seventh FBI background check. Is that going to be enough?
JUAN WILLIAMS, CO-HOST: Well, check your history. I mean, we've had much longer confirmation battles in our history. But, I mean, to me, what you're seeing here, one, I'm amazed at what you just said about this prosecutor from Arizona not being partisan. She was brought in because they were all male Republicans and she was brought in by the Republican side. By definition.
WATTERS: Does that make her partisan?
WILLIAMS: Yes, it does. And, in fact, as I recall, Lindsey Graham cut her off because he thought she wasn't being effective. And now she decide she's going to try to redeem herself with her Republican buddies by issuing this report which has no standing because it wasn't based on any kind of investigation or anything beyond what she was able to gather at this hearing.
WATTERS: Yeah. Key point that we're hearing from Democrats that they like this woman and she did a nice job, it was gentle and professional.
(CROSSTALK)
WILLIAMS: But here's the thing, I think the key point is that you look at the poll numbers that Dana referred to. You look at the Fox polling, Quinnipiac, you look at Harris, Harvard, it's all the same. People don't believe Kavanaugh. They do believe her.
PERINO: No, that's not. No, that's not.
WILLIAMS: I think that's what.
PERINO: That wasn't the question. I mean, unless you saw a different poll. I mean, that wasn't the question that was asked.
WILLIAMS: Well, clearly, what I got -- the Fox poll has 50 percent do not confirm, 36 percent believe Ford, not Kavanaugh. But I think it's become tribal, Dana. I think it's absolutely become tribal. And the latest polling what you see is an uptick in terms of the number of Republicans who are backing Kavanaugh previously. By the way, amazing to me they didn't back Kavanaugh to the extent they backed Neil Gorsuch. This is not a popular nominee. But now, in the midst of the tribal warfare you see it ticks up, and it ticks up among Democrats as well. The key question for me, though, in terms of what we go forward is what is the standard? Because what we've seen is now -- I think it's four people who knew Kavanaugh either in high school or college are saying he wasn't forthcoming and truthful about his drinking. So, if you hold to this standard, now you're going to get Democrats who are going to say this is a matter of character for someone we're putting on the court for a lifetime appointment and this guy was lying about his drinking.
WATTERS: No one lied about any drinking, Juan. I mean, you want to use the beer standard, the drinking standard, Ted Kennedy comes to mind. Greg, what do you think?
GREG GUTFELD, CO-HOST: Where to start? I hate the fact that we're using polling to gauge someone's innocence. That is -- this is not a job interview. This is now the coliseum in which we turn to the crowd on whether or not if they give the thumb-up or the thumb-down. They didn't just move the goalpost here. They've just turned over the game board because they knew they were in trouble. To the point about the -- if he's lying about booze, what else is he lying about argument. Well, it's clear that Dr. Ford lied about a number of things as well. You can call them inconsistencies. That's the nice polite way of saying lies. Whether it was about plane travel, she only has a fear of flying when it's not on vacation. The polygraph, she wasn't sure when it was. She said it was a devastating experience, but there were two questions. The claim that she never got a lawyer -- an offer from the Republicans, like Grassley to take -- to have the meeting over there. Giving notes to reporters. Changing bystander to not bystander. There's a lot -- I'll be diplomatic and say inconsistency to her, otherwise, credible testimony. That's how you talk apparently.
So, if his lies about booze, which I do believe he fibbed about his drinking because he's talking about his drinking in front of his wife and kids. And I'm sorry, I do the same thing. When my wife asks me how much I drank over the weekend while she's away I say not much, honey. And she goes, yeah, right. So, the fact is, those lies have nothing to do with the actual accusation. But since we're talking about alcohol abuse, let's talk about the media and the Democrats who are obviously alcoholics because they completely blacked out the last five days. They do not remember that the third accuser has a history of lying and sexual misconduct claims, lying about her employment, lying about her education. But they don't seem to remember the Avenatti bombshell from last week, which is now a bombshell that she lied about her background. But that's somehow -- they blacked out about that -- they blackout about the Rachel Mitchell's memo. We're covering it. The only reason we're covering it, because no one else is because they blacked out. These are huge things that the media cannot remember because they don't want to remember it. It's disgusting.
WILLIAMS: You know what, though, I mean, you listen to the president today, the president is now engaging in just the kind of angry bullying behavior -- oh, Cory Booker.
(LAUGHTER)
WILLIAMS: Way down. Richard Blumenthal is a liar. All these Democrats, they aren't angels over there. I know them. I've seen them in compromise.
GUTFELD: Is that great, though? Isn't that great?
WILLIAMS: Let me tell you, we are talking about a Supreme Court nominee.
GUTFELD: And a man, and a family.
WILLIAMS: . totally denigrating the whole process. It's now.
GUTFELD: Uncorroborated accusations, destroying a person's life. Destroying a person's life. An uncorroborated accusation.
(CROSSTALK)
WILLIAMS: No, no, you're focusing as if this is just about.
(CROSSTALK)
GUTFELD: And you're willing to destroy somebody over a seat. You can have the seat.
WILLIAMS: I'm going to tell you, I've got bullets in me from trying to defend someone when I thought they were unfairly being maligned. But I'm going to tell you this, when you look at Kavanaugh, you have to -- you just said you think he's fibbing about the drinking.
GUTFELD: Yes.
WILLIAMS: You've got to speak to a man or woman's character. If you put them in charge.
GUTFELD: Look, that doesn't speak to the character of a guy trying to play down the exact rations over beer. WILLIAMS: It goes beyond that, though, Greg. In the yearbook, you've got stuff in there about -- remember, about the devils triangle.
(CROSSTALK)
WATTERS: You were selling books while we basically.
(CROSSTALK)
WATTERS: The devils triangle is a drinking game.
WILLIAMS: Oh, yeah, yeah.
WATTERS: It's not a sexual.
(CROSSTALK)
WILLIAMS: And buffing is not sexual?
(CROSSTALK)
WATTERS: I want to see your yearbook.
WILLIAMS: My yearbook?
WATTERS: Yes, pull Juan's yearbook.
(CROSSTALK)
(LAUGHTER)
GUTFELD: You don't have to go that far.
WATTERS: Can Dianne Feinstein and Democrats be in big trouble after Christine Blasey Ford's confidential letter got leaked? That's next.
(COMMERCIAL BREAK)
PERINO: Some senate Republicans are outraged over the leak of allegations made by Christine Blasey Ford. Lindsey Graham and others are pointing the finger at Senator Dianne Feinstein and demanding answers.
(BEGIN VIDEO CLIP)
SEN. LINDSEY GRAHAM, R-S.C.: I'm going to find out who in Feinstein's staff recommended Katz to be Dr. Ford's lawyer. It's improper for senators to recommend lawyers to constituents. I'm going to ask if he thought she needed a lawyer as a staff member, why didn't you come forward and tell the committee about the allegation? The person who sent this anonymous, destroyed her trust, betrayed her request to be anonymous, had a political agenda. I'm going to get to the bottom of it.
(END VIDEO CLIP)
PERINO: Meanwhile, Senator Mazie Hirono is dodging questions on -- if Democrats are responsible for the leak.
(BEGIN VIDEO CLIP)
UNINDENTIFIED MALE: Are you confident the Democrats didn't leak that letter? And how do you respond to Senator Graham's charge that it was inappropriate for the Democrats to refer Dr. Blaise Ford to a lawyer?
SEN. MAZIE HIRONO, D-HAWAII: All of these things do not focus -- what we should be focusing, which is the credibility of Judge Kavanaugh.
(END VIDEO CLIP)
PERINO: OK. Emily, your chance to cross-examine, even though she's not here, but she didn't answer the question, and the question is about this particular block, we're talking about the leak, they had the letter from her, the information in July, they waited until the last minute. If it was that serious, why did they wait? And also, who leaked her name?
COMPAGNO: Absolutely. And I kind of waver back and forth whether the investigation is something that I'm for because when one hand it's just another waste of resources and time. And on another, it sets really the example and the point, however, just what you've just said. And that we're not going to stand for that kind of leak when the Democrats are clearly weaponising this poor woman, Dr. Ford, what all she want to do was say her piece in private, remain anonymous. Feinstein had multiple chances to do that, preserve that anonymity, identify the allegation without exposing her name. And then it just all -- it all exploded in her face. The senators continued using her as a pawn. And they found it interesting -- for example, you know, one of Feinstein's guests there was Alyssa Milano. There's certain activist there who champion always the woman, the assaulted woman, the alleged accuser, the victims. And yet, here, the one that they're all purporting to stand behind, she, unfortunately, the biggest pawn of them all.
PERINO: Jesse, this is one leak that they just don't want to talk about, unlike the other leaks.
WATTERS: That's true. It reminds me of the Russia investigation, when they're supposed to be looking into Russia collusion with the Trump campaign, and the president saying, well, wait a second. Look at the dossier. Look at the FISA abuse. Look at all the leaks and all these stuff. Why don't you guys investigate that? Because there's a lot to investigate on the Democratic side when you look at the chain of custody. This letter by Dr. Ford was always in Democrats' hands. They leaked it and it's very clear. Katz, the woman that's representing Dr. Ford was recommended by Dianne Feinstein. Katz also represented the third accuser who's now being represented by Avenatti. And she's tied into demand justice, which is a group run by the Clinton people. And I'm confused about something, Democrats -- she defended Al Franken, when Al Franken was going around groping people. That was OK. That wasn't anything that he needed to be disqualified for.
PERINO: As an adult.
WATTERS: Yeah, right, right, as an adult. And so, Ford is also being represented pro bono. And her house in Palo Alto is assessed at millions of dollars, yet she has this go-fund-me page that raised almost a million dollars. I don't understand what's going on there. The polygraph test results have not been proffered. The medical and therapist results have not been proffered. What's going on here? And it comes down to this, they have mistreated this woman. And if you're a Me Too person, you're supposed to treat these alleged victims with respect, with dignity, and create a safe space for them, not only so they can tell their story but other women can feel comfortable to tell their stories. Instead, they've thrust this woman into the national spotlight and watched her kind of relive all of her trauma and used her for political purposes, and it's just not right.
PERINO: What do you think about the leak investigation? Some Republicans think that the FBI, if the investigation is expanded, should actually include Dianne Feinstein.
GUTFELD: Oh, absolutely. I think I've mentioned that when you weren't here that they should investigate her. Perhaps her Chinese driver was involved. It's like driving Miss Daisy meets Spies Are Us, you know. I think.
WATTERS: I mean, the driver leaked it.
GUTFELD: The driver leaked it. Also, I think that you never know what's going to turn up with Dr. Ford. That's the thing, it's like if you expand this investigation there may be stuff that they find out about her that we don't know about. Fact is, Dianne Feinstein is being attacked by -- from her left flank in California. She's fighting for her survival. This is what so disgusting and dirty about it that she's willing to destroy a family and a victim in order to stay in power. Actually, she's entering her ninth decade on the planet. She still needs to be in power. So, all of this is so she can survive, and it's so selfish. I think she's 81, right? Maybe retire. You don't need to destroy these people's lives just to stay there. By the way, Tyrus on my show had an interesting theory that Feinstein held on to that letter because she knew that it was garbage, and then at the end realized, well, what the hell, let's see what sticks, and threw it out that way.
WATTERS: Are you saying you're not going to be hanging around on The Five in your 80's? You're going to be long retired?
GUTFELD: Yeah, I think so. I think they'll have like a little seniors show for me.
(LAUGHTER)
(CROSSTALK)
PERINO: And then they can use it just to go up the stairs.
GUTFELD: Yes.
PERINO: Juan, Dianne Feinstein is also being attacked from the left for mishandling this.
WILLIAMS: No, I think that -- first of all, what's incredible to me, listening to you guys is if somebody anonymously makes a charge, you have to say, well, basically that's not fair, especially if it's a scurrilous charge, something that would damage someone who's in the public spotlight up for confirmation on the Supreme Court. I think you should handle that with great caution. And then if you decide that it's legitimate, you should have the investigation in committee first before you justify taking it before the American people.
WATTERS: We agree.
WILLIAMS: But, all of a sudden now, it's, oh, why that this letter come out of this time? Why was this -- guess what? She did an interview with the Washington Post, Professor Ford did, and that's what put her name out in the public. But, again.
(CROSSTALK)
PERINO: But, no. But, Juan. That's not.
WILLIAMS: Hang on, this is all about.
PERINO: That's not true, though.
WILLIAMS: This is all about Republicans now trying to get away from Kavanaugh's lack of veracity.
PERINO: No, it's not.
WILLIAMS: . apparently. And going into the weeds and say, oh, it's about Dianne Feinstein. It's not about Dianne Feinstein. It's not in at all. You know, you see Kavanaugh up there, he says, oh.
(CROSSTALK)
WILLIAMS: It's a Clinton conspiracy. It's the Democrats. Boy, did he betray himself as lacking in judicial.
PERINO: Wow, that is so unfair, Juan.
(CROSSTALK)
WATTERS: Wasn't Hillary who said everything is about right wing conspiracy?
WILLIAMS: Wait a second, I'm not putting Hillary Clinton on the Supreme Court.
WATTERS: Oh, you just wanted to put her in the oval office.
WILLIAMS: I expect that Supreme Court justices are able to be impartial arbiters.
(CROSSTALK)
PERINO: Do you think that there's any evidence that he was not that during his 13 years that he was on the circuit court of the United States?
WILLIAMS: Correct. But what we saw.
(CROSSTALK)
PERINO: OK. So he was accused.
GUTFELD: That was a human being in there, not a judge. That was not a judge you saw. You saw a man fighting for his life. That's the difference, Juan.
(CROSSTALK)
WILLIAMS: No, but you can't have a one-sided conversation, Greg, in which you ignored the fact that, gee, whiz, guess who put him up there? The federalist society. Guess who.
COMPAGNO: I was president of the federalist society in law school.
(CROSSTALK)
COMPAGNO: This is what I'm trying to say that the notion that judges are permanent robots is absolutely ludicrous. As you've said he was a human there. I have heard federal judges who are widely respected judicially make the most outlandish comments that I can't even repeat on air. So the thought that a man who was defending himself, refuting methodically allegations, salacious allegations, he said potentially scurrilous allegations against him that he was -- if he hadn't gotten angry, people who have called -- said that, oh, he's obviously guilty. And he shows anger, then he doesn't have judicial temperament.
(CROSSTALK)
PERINO: All right. Kanye West under fire for his pro-Trump speech on Saturday Night Live, Greg is going to break it down, the backlash from the left, ahead.
(COMMERCIAL BREAK)
GUTFELD: "Saturday Night Live's" premiere offered unique comparisons between bravery and cowardice, authenticity and hypocrisy. First of the bravery, Kanye West making a pro-Trump speech eliciting walkouts and boos:
(BEGIN VIDEO CLIP)
KANYE WEST, MUSICIAN: They bully me. They bullied me backstage and said don't go out there with that hat on. Ninety percent of news are liberals. So it's easy to make it seem like it's so, so, so one-sided.
They say, how could you like Trump? He's racist. Well, uh, if I was concerned about racism, I would've moved out of America a long time ago.
(END VIDEO CLIP)
GUTFELD: So why is that brave? Well, someone sacrifices their street cred and offers themselves up to ridicule from the cool kids so others might not be targeted, that's brave. The opposite, instead of facing the mob, you just grab a pitchfork like Matt Damon did playing Brett Kavanaugh on the same show.
(BEGIN VIDEO CLIP)
MATT DAMON AS BRETT KAVANAUGH: Let me tell you this. I'm going to start at an 11. I'm going to take it to about a 15 real quick!
(END VIDEO CLIP)
GUTFELD: So, the nominee's anger is worthy of mockery even if he believes he's been unjustly accused. I guess he should have come out singing, "We Are the World." But it begs this question, would Damon behave differently if he were the accused? Let's ask him:
(BEGIN VIDEO CLIP)
DAMON: If you make that same claim today, to me, I would be scorched earth. I don't care if it cost me $10 million to fight this in court with you for 10 years, you're not taking my name from me. You're not taking my name and my reputation.
UNINDENTIFIED MALE: And that's what it is.
DAMON: I've worked too hard. I've worked too hard for it and I earned it. And you can't just blow me up like that.
(END VIDEO CLIP)
GUTFELD: It's just awesome. Someone has amnesia. So if Matt Damon were accused, he'd scorch the earth just like Kavanaugh did, but once the chips were down, Damon happily scorched Kavanaugh instead.
Cowardice and hypocrisy: The gulf between fearful, virtuous public expression and hidden private terror. On TV you can say, yes, this accusation is disqualifying, but when you get home it's "What if they come for me? This is nuts."
Politicians, celebrities, media, so many have been accused of something. Want to bet they feel their pain was unjust? Matt should ask his friends: "Hey, Ben, were you ever accused of something, and was it unjust?" Imagine how many of them fight back tears and anger. It will be quite a performance. Maybe Matt can mock that, too.
So Dana, I find it interesting, because this whole case really comes down to memories: one woman's memories, a man's memories, uncorroborated evidence about the memories. Matt Damon just proved what a memory -- how valuable a memory is. He cannot remember -- he cannot remember what he just said, maybe a year, two years ago about the #MeToo movement. He can't even remember that, and then he mocks the very person that he envisioned himself becoming.
DANA PERINO, CO-HOST: But also, didn't he also, though, get a lot of blowback --
GUTFELD: Yes.
PERINO: -- about that interview?
GUTFELD: He learned.
PERINO: And so he touched a hot stove.
GUTFELD: Yes.
PERINO: And he realized, "I better not do that again."
And the difference was in the clip you showed, he was being himself. He was being asked, like, what would you think?
In -- on "Saturday Night Live," you get to be an actor.
GUTFELD: Yes.
PERINO: Brett Kavanaugh doesn't have the luxury of getting to go on "Saturday Night Live" and act.
GUTFELD: Yes.
PERINO: He doesn't get the luxury of taking an oath and going in front of the Senate and in front of the country and acting. He had to be himself. He had to defend his own honor. He doesn't get to act. And that's what really does bother me about Hollywood.
GUTFELD: Yes. You know, Emily, according to a -- I won't -- I'm springing data on you, so just trust me.
EMILY DECICCIO, CO-HOST: I can handle it.
GUTFELD: Since 1997, the OOC paid more than $17 million for 264 settlements and awards. That's -- to the government, like congressmen, senators. I wonder how many of them think that was unjust, that their case, the accusation was unjust but they paid? Just like celebrities do.
EMILY DECICCIO, CO-HOST: Absolutely. Remember the hush fund that we learned about.
GUTFELD: Yes, that's what I mean. Yes. I should've just said hush fund.
DECICCIO: And that's -- that's exactly what we were talking about earlier, where the notion that this person is not going to be human or the notion that one can subscribe to another one, how vehement hey are to get, how angry they are to get. I don't understand that. And it has no basis in this kind of argument.
But that being said, it's been reduced to a whole binary argument anyway. Everything that's out there, it actually belongs on a spectrum, and yet, all it is, is totally partisan tribalism like you mentioned earlier. And everyone gets in their corner and Senator Hirono says ridiculous things. And there's absolutely no reasonableness for any kind -- any kind whatsoever.
And the fact that immediately after Kavanaugh testified, that there was such a backlash over that anger, again, I mean, it just -- it shocked me. And that that -- there was a quote from -- that "The Washington Post" published that said he's lying because of his upbringing.
PERINO: Yes.
GUTFELD: Yes.
DECICCIO: And it's those kinds of, you know, equations that to me, I just -- it blew my mind.
GUTFELD: Can we watch -- can we play that Damon thing again?
JESSE WATTERS, CO-HOST: Yes, let's do it.
GUTFELD: Let's do it. Let's play that one more --
(BEGIN VIDEO CLIP)
DAMON: If you make that same claim today to me, I would -- I would -- I would be scorched earth. I would go -- I don't care if it cost me $10 million to fight this in court with you for ten years. You are not taking my name from me. You are not taking my name in my reputation.
UNIDENTIFIED MALE: And that's what it is.
DAMON: I've worked too hard. I worked too hard for it and I earned it. And you can't just blow me up like that.
(END VIDEO CLIP)
GUTFELD: Juan, that is a better impression of Brett Kavanaugh than he did on "SNL." And I think he reflects every -- the mindset of every man who feels that they've been unjustly accused.
JUAN WILLIAMS, CO-HOST: Well, I think there are two things to be said here. One is that he was talking about being sued. I don't think that all these years, even after she did therapy and all the rest, that she ever sued.
GUTFELD: This is worse. I'd rather be sued.
WILLIAMS: I don't think so. I think that clearly, what he was talking about --
GUTFELD: The public humiliation.
WILLIAMS: Hang on. Let me finish. I think what he was talking about there was someone getting into his pockets and taking his money, as well as ruining his --
GUTFELD: His name.
PERINO: His name.
WILLIAMS: Can I finish? As well as ruin his reputation.
GUTFELD: Yes.
WILLIAMS: In Kavanaugh, I think you have a different set of circumstances.
But I wanted to move on to --
GUTFELD: Kanye?
WILLIAMS: -- Kanye West. Because I just can't believe that you -- even if we disagree about --
GUTFELD: Yes.
WILLIAMS: -- what happened there with Matt Damon. But I can't believe that you would celebrate Kanye West, who says stuff like we should abolish the 13th Amendment? How demented is that?
GUTFELD: It's -- it is an unusual idea, but I think it's -- you should read up on what he was talking about. I don't agree with it, but --
WILLIAMS: He had later came back. He said, "I didn't really -- but I would amend it." But let me just say, for people who don't know, the 13th Amendment ended slavery in this country.
GUTFELD: I don't think he's trying to bring back slavery, Juan.
WILLIAMS: I'm saying, how crazy is it?
GUTFELD: He's not trying to bring back slavery.
WILLIAMS: Didn't get any attention from the conservative perspective, libertarian perspective, whatever you want to advance. That's not worthy. That guy -- I mean, I would -- if I was someone who was on the Trump side, I would say, "You know what? Let's leave him alone."
GUTFELD: All right. Jesse.
WATTERS: I think next time you're on vacation, we should have Kanye sit in this seat.
WILLIAMS: That would be great. That would be good.
WATTERS: I mean, Kanye has been Hannitized. I can't believe it. He's been saying the same things we've been saying on cable and writing in columns for a very long time.
But I want to go back to Matt Damon for a second, because the Democrats thought they'd laid a trap for Kavanaugh. They thought they were going to call him a serial gang rapist, and he was going to sit there and look like Alito and John Roberts and how he had acted and said, "You know what? This is not my character and no."
And he didn't. And his anger was what propelled him through that hearing. And you know what? That anger and indignation worked, Juan.
WILLIAMS: It didn't work.
WATTERS: And that's what enabled him to get through that thing and to make other senators and other Americans say, "You know what? That's how someone would act if they were falsely accused."
WILLIAMS: Yes, but not a Supreme Court judge. Not a Supreme Court judge.
WATTERS: You remember -- do you remember -- Obama wanted to nominate people with empathy, and they were human.
WILLIAMS: Sure.
WATTERS: And then you get there someone with empathy and compassion and feelings, and you say, "Oh, no, he can't have feelings."
GUTFELD: Yes, got to be a robot.
WATTERS: Can't have it both ways, Juan. Can't have it both ways.
WILLIAMS: You can have feelings, but you cannot say that you want to be on the Supreme Court. He's going to damage the Supreme Court's reputation.
WATTERS: I would like you to sit there and act like you've got to --
GUTFELD: Why are you yelling at me for?
WATTERS: You'd do the exact same thing.
GUTFELD: Congressional Democrats threaten to derail Kavanaugh even if he's confirmed by the Senate. Their long-term battle plan next.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
REP. TED LIEU (D), CALIFORNIA: For Brett Kavanaugh to think that somehow she's part of this conspiracy again makes me question what kind of impartiality he could show on the U.S. Supreme Court.
SEN. MAZIE HIRONO (D), HAWAII: We hardly need somebody on the Supreme Court who -- who has these conspiracy-theory notions.
(END VIDEO CLIP)
WILLIAMS: Now Democrats are ripping Brett Kavanaugh, and now some House lawmakers are taking a step even farther. They're threatening to keep fighting against him if they win control of Congress in the midterms.
(BEGIN VIDEO CLIP)
REP. NANCY PELOSI (D-CA), MINORITY LEADER: If he is not telling the truth to Congress or to the FBI, then he's not fit, not only to be on the Supreme Court, but to be on the court that he's on right now.
UNIDENTIFIED MALE: This has got to be thoroughly investigated. I hope the Senate will do so. If he is on the Supreme Court and -- and the Senate hasn't investigated, then I -- then the House will have to.
(END VIDEO CLIP)
WILLIAMS: So Emily, what do you read in terms of people saying that if he's somehow rushed through -- we've heard today Senator McConnell saying he wants to have a vote quickly as possible, by the end of the week. If people say, well, subsequently, we learned something, will the Democrats be right to say, "We're going to try to impeach the man"?
DECICCIO: No, to me that's the -- that is more of moving the ball that we were talking earlier. And it's a horrific just -- they're perseverating on this so much. I think it's absolutely ridiculous and ludicrous for them to continue doing this.
And nothing is going to galvanize the right more than if they stay on this track and keep arguing that they're going to spend more time and money of ours pursuing this guy.
WILLIAMS: So what do you think, Jesse?
WATTERS: Well, it's a talking point for the Democrats. You can't impeach a Supreme Court justice without a two-thirds majority in the Senate, and that will never happen.
You know you've hit pay dirt when the Democrats say this is a conspiracy theory. They did that with Benghazi. They did that with the Russia hoax.
WILLIAMS: Wait a second, the Democrats?
WATTERS: And now they're doing it with the Kavanaugh working --
WILLIAMS: The Republicans do.
WATTERS: Anytime the Republicans say something that really, like, lands, the Democrats will just say, "That's a conspiracy theory." It's a way for them to dismiss and discredit it.
WILLIAMS: I thought it was the Republicans who said there was a conspiracy theory on Benghazi.
WATTERS: No. No, no, no.
WILLIAMS: All right.
WATTERS: It was you guys that were saying it was a conspiracy because --
WILLIAMS: I missed that one.
WATTERS: OK. My point is this, Juan. Look at the players involved in this Kavanaugh situation. You have Dianne Feinstein. You have Avenatti. You have Debra Katz. You have "The Washington Post." You have this other Clinton-aligned group, all Democratic players involved with this last- minute character assassination.
The other thing is funny that I have to bring up about this FBI investigation. Remember when the FBI opened, right before the election, the Hillary Clinton email probe again, and the Democrats said, "Oh, that's a foul. You can't do that." But now the Democrats want to reopen a seventh FBI investigation right before an election, and that's OK. They don't mind that at all.
WILLIAMS: Election?
WATTERS: The midterm elections, Juan.
WILLIAMS: And the investigation is of Kavanaugh.
WATTERS: Yes, same thing.
WILLIAMS: I don't think it's the same thing.
WATTERS: Great analogy. It went right over your head.
WILLIAMS: It sure did. Dana.
PERINO: So while I was away, Ruth Bader Ginsburg did -- gave an interview in which she was very harsh against President Donald J. Trump. And I wonder if the Republicans should start impeachment hearings about Ruth Bader Ginsburg, because she couldn't possibly be an impartial judge when it comes to the business of the United States in front of the Supreme Court.
WATTERS: Great point.
PERINO: That's the same argument.
WILLIAMS: And I believe she apologized. Didn't she?
PERINO: Oh.
WATTERS: Oh, that's all it takes?
PERINO: That's all it takes.
WILLIAMS: I see. And Greg.
GUTFELD: OK, so as collusion evaporates like a fever dream, they now have to creating a new one, and is it good for the country? It doesn't matter. They don't care. What's good for the country, that's never mattered to leftists.
The Democrats, it's great. And I don't even know if I should divulge this, because I don't want them to realize how stupid they are, but there are two options here. And they only help the Republicans.
If they get Kavanaugh, they might get a blue wave. Right? You might get a blue wave, but you've got Kavanaugh. If you lose Kavanaugh, you get a massive red wave and a more conservative female judge to boot afterwards. It's a win-win for Republicans. That's why I'm not that sad.
WILLIAMS: You know, someone said that they thought that the president has kind of become more lukewarm. Today he was emphatic. But the question is, is he still fully behind him? I don't know.
PERINO: Obviously. Oh, my God.
WILLIAMS: Well, let's see.
President Trump taking on the media today at the White House. See it here on "The Five." That's next.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
DONALD TRUMP (R), PRESIDENT OF THE UNITED STATES: We're going to win so much you may even get tired of winning. And you'll say, "Please, please, it's too much winning."
(END VIDEO CLIP)
DECICCIO: President Trump delivering on that promise. He touted a new trade deal with Canada and Mexico earlier today, but apparently, the press is sick of winning. All they wanted to focus on was Brett Kavanaugh, which prompted this scolding.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: In a tweet this weekend, Mr. President, you said that it's incorrect to say you're limiting the scope of the FBI investigation.
TRUMP: What does that have to do with trade?
UNIDENTIFIED MALE: I do have a second question on the Kavanaugh thing, when you get back to it, if you'd take that. You'll take that now?
TRUMP: No, no.
UNIDENTIFIED MALE: OK.
TRUMP: Do you have a question on trade?
UNIDENTIFIED FEMALE: You answered several questions --
TRUMP: Do you have a question on trade?
(END VIDEO CLIP)
DECICCIO: OK, Greg, I'm going to start with you. Do when NAFTA was being reformed, and when Trump had taken negotiations off the table with Trudeau and there was a bilateral agreement -- bilateral agreement for a second with Mexico, the press was all over it. And rightly so, because those were big deals.
And then today when the agreement is come to fruition, there's nothing. And instead they're going after that shinier object. So how did you feel about this? Can you speak to that?
GUTFELD: People are bored by tariffs and trade, because boring stuff is important; and that's the problem. Because you have to go slow with important things.
And if you remove the Supreme Court soap opera, what do you have in this country? You have peace and prosperity, which is why the media and the left are chasing the Kavanaugh story.
About trade and tariffs, Trump gets something that I didn't get, and he's giving people a class in this as a salesman, which is that you leverage relationships with your allies while you engage talks with your adversaries. So you can be mean to Canada and be nice to North Korea. He sees the individual desires of each leader. That's the system of a salesman in which the individual desires of the people you're talking to matter for that moment.
DECICCIO: Right. So Jesse, going into the midterms, what are we going to see for states like Ohio and Florida and these states that are poised right now from the workers and these industries that this affects?
WATTERS: Well, I think the timing of the deal is perfect. He needed to get this done before the midterms, and he did. Now they have to do the paperwork in Congress. And we'll see if Nancy Pelosi and Chuck Schumer are going to do what they've been saying they want to do for decades, which is to renegotiate NAFTA.
I'm just waiting to hear Joe Biden, Barack Obama, Hillary Clinton, and Bernie Sanders give the president a round of applause, because these people campaigned for the presidency on renegotiating NAFTA. And now Donald Trump has done it, and all I hear is silence.
PERINO: Schumer did. Schumer said he should get --
WATTERS: Schumer? I couldn't hear it over his crying.
PERINO: I do think that when at the press conferences, it's -- the press can ask whatever they want. You don't have to answer it, but they can ask whatever they want.
But also, for critics of the president who are worried about the trade deals and now who are saying, "Well, it's just cosmetic changes" and criticizing him that way, just be happy.
WATTERS: Yes.
PERINO: It's just cosmetic changes.
GUTFELD: Yes.
PERINO: So then just be glad. He just wanted to call it something else, fine. Like, you still get your deal.
WILLIAMS: Yes. You know you're going to have to do? You're going to have to pay a little more for your car. You're going to have to pay a little bit more for dairy. And you stop and think about, "Wait a second. What is going on here? What is the reality of the deal?"
So I will say this. You know what? I think union folks have some big complaints about NAFTA. Did want -- Jesse was right. The Bidens, the Obamas, all those people wanted some kind of renegotiation, but I don't think they were talking about, "Oh, we were going to have something for the dairy farmers here."
WATTERS: Juan, you don't even know how much a gallon of milk costs.
WILLIAMS: Yes, I did. I think that last week you didn't know. That's the problem.
DECICCIO: All right. "One More Thing" is up next.
(COMMERCIAL BREAK)
WATTERS: It's time now for "One More Thing" -- Dana.
PERINO: Well, did you miss me?
GUTFELD: No. Yes.
PERINO: You know I was gone. Anyway, I want to play the role of Juan Williams and show you some photographs from my trip.
This -- Spain is an amazing, beautiful country.
GUTFELD: No dogs!
PERINO: That's Holy Toledo -- Toledo, Spain. It was inside the church there. And I found this for Greg Gutfeld.
(GRAPHIC: PHOTO OF UNICORN SCULPTURE)
PERINO: This next one, this was on -- on part of the choir in the church in Granada -- or I think that was Toledo.
Then I found meat cones. Five euros, Greg. Meat --
WATTERS: Whoa, whoa, whoa, zoom in on that. Is that prosciutto? What is that?
PERINO: Yes, five euros. And this meat.
WATTERS: That's a -- that's a street snack?
PERINO: And you just pick it up -- well, you go to a little market. Yes.
WATTERS: That looks good.
PERINO: OK. The next one is Village View, which I thought was great, because I made Peter walk really early in the morning, and here is proof of how our steps did. You got that? We should go a little faster here.
And then I found these doors for Tyrus to open, which were pretty amazing.
Also, they have chocolate Mentos there and we don't, and we really need to figure that out.
And then this is our final picture. It's our 20th anniversary. Thanks, Peter, for a great trip.
And Jesse, you asked me to bring you back something. I did.
WATTERS: I know. Can I open it right now?
PERINO: You can open it right now.
WATTERS: Oh, no. OK.
PERINO: Very special. I carried it around for seven days.
WATTERS: Very special. I don't get it. Oh! Just what I always wanted. A fridge magnet in the shape of a cow.
GUTFELD: Have a bull.
WATTERS: Grab the bull by the horns. But the dairy prices, Juan!
WILLIAMS: I think she wants you running with the bulls, Jesse.
WATTERS: I think you do, too.
GUTFELD: He's just running with the bull.
WATTERS: All right. Juan Williams.
WILLIAMS: All right. So by the way, Jesse, thanks for the bump last week from you and your mom in terms of telling people about the book tour.
So I'm back from my book tour, amazing experience. On publication day, even before I left, I was invited to a dinner in New York. Guess who came up to thank me and celebrate the book? Reverend Al Sharpton.
GUTFELD: We're all big fans.
WILLIAMS: Reverend Jesse Jackson.
Then it was off to Atlanta. I gave a speech at the Carter Center. The questions, just fabulous down there. They wanted to talk about the current power of race in American politics.
Then I was off to the West Coast. I spoke at the Commonwealth Club in San Francisco, town hall in Seattle. I signed books. Here I am autographing copies at Barnes & Noble in Seattle.
Meanwhile, back home, two of my friends, my granddaughters, couldn't put the book down.
WATTERS: Did you tell Reverend Al Sharpton I said hello?
WILLIAMS: Absolutely.
WATTERS: Good.
WILLIAMS: You should hear what he said about you.
WATTERS: All right, Greg.
GUTFELD: All right. It's time for this, I think.
GRAPHIC: Greg's Fitness Tips
GUTFELD: What is it called? "Greg's Fitness Tips." You know what? Combine resistance training and running by pushing an empty car and then trying to keep up with it. This is a great way to get in shape. You push -- helps your forearms. And then, when the car gets away from you, you have to, like follow it. I have no idea how the car made a right turn, though. I don't understand how that car was able to.
DECICCIO: A driverless car.
GUTFELD: There's no car -- there's nobody in the car. The car had no driver.
WATTERS: I don't know about that one.
All right. So Phil Mickelson didn't do too well over the weekend at the Ryder Cup, but he did something really well just when he was goofing off behind the scenes. Look at the roundhouse kick this guy -- look at this! Look at the flexibility.
PERINO: Wow.
WATTERS: How old is Phil Mickelson, he can do that? I can't even do that, and I'm 40. Well done, Phil. All right. Emily.
DECICCIO: I'm making up for Dana's dogless "OMT" with mine. So this week, it was my --
PERINO: You'll love this.
DECICCIO: -- Dobermans ninth birthday. This is her. So I had a birthday party for her at the park. This is her. And then I took her on a treat crawl through the neighborhood to all of my favorite stores and she could be --
WATTERS: A pub crawl for dogs.
DECICCIO: Exactly. That's a buffet at the pet store. Then she got her nails clipped. That's the girl that does the nails. That's the market. She just went -- literally got treats from everybody.
PERINO: You live in a fun place.
DECICCIO: Totally. We played on the beach, she ran it all off. This was her getting it off. Of course, she hated that hat.
WATTERS: All right.
DECICCIO: It was fantastic for her.
WATTERS: Set your DVRs. Never miss an episode of "The Five." "Special Report" is up next, John Roberts.
JOHN ROBERTS, FOX NEWS: Jesse, thank you so much.
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