Lawsuit claims the Washington Post wrongfully bullied and targeted Nick Sandmann

This is a rush transcript from "The Five," February 20, 2019. This copy may not be in its final form and may be updated.

GREG GUTFELD, HOST: Hi, I'm Greg Gutfeld with Emily Compagno, Juan Williams, Jesse Watters, and she wants tripped on a molecule, Dana Perino. “The Five.”

Nick Sandmann, the smiling target of the infamous Covington smear is suing the Washington Post for 250 million bucks for leading the media mob. Can't say I blame him because the story isn't about Covington but those who covered it, not to mention all the money they made off that smear.

This case, along with Kavanaugh and Smollett and a hundred others, need to be a journalism course, one that reveals how echo chamber media gins up outrage, protects narrative and steers social media into a frenzy. We blame twitter, but twitter is just a wall the media throw stuff at to see what sticks.

If it sticks you make a lot of money or use it to build the reputations of some left-wing hacks. Nick's lawsuit means that in the future some dope can't brag to the Pulitzer committee that he broke the Covington story.

Remember the Clarence Thomas hearings and how that turned many liberals like Andrew Breitbart into fire-breathing conservatives? Sometimes a show trial reveals more than you think. Feinstein traded her reputation for a shot at Kavanaugh.

Since 2016, those epiphany moments like Covington have piled up. In mere months, we've seen three major media fails. There are others. But there's only one persistent culprit at the crime scene, the mainstream media. Journalists who are writing for other journalists, hoping to get a better job, a book deal, a prize, a minute on TV.

And the motivating factor behind the machine, conflict. Conflict leads to eyeballs, which leads to clicks, which leads to money. Yeah, the media made tons off Covington, so why shouldn't the kid get a piece of the action? After all, without poor Nick, some of us would have to work for a living.

So, Jesse, I have the brain room to do some research. Did you know --

JESSE WATTERS, HOST: What's my move?

GUTFELD: Yes, I know.

WATTERS: Don't go burning up the brain room, all right? They're busy with my stuff.

GUTFELD: Did you know that the Washington Post digital ad revenue for 2017 was a solid nine figures. That's over a $100 million. So that's how they make it.

WATTERS: Yeah, from cells --


WATTERS: -- hate and division cells.


WATTERS: I did enjoy reading the Washington Post report about how the Washington Post is bad because they got sued. That was fun. I also don't think it matters whether they win this lawsuit. This is just a big blow to fake news because right now every newsroom and all the executives -- this is coming from the top down, they're telling the editors and the reporters, do not shoot first and ask questions later.


WATTERS: It's better to be late and right than first and wrong, because right now they're facing ruinous lawsuits. And it takes the penalty of financial hit for them to change their behavior because they're not policing themselves. You pointed out there's -- fake news is getting worse.


WATTERS: So the only thing to do is hold them account financially. And I like watching the media being held to account because they like to hold other people account --

GUTFELD: Like us.

WATTERS: Like us. And they never, ever have to look inwards, so this is a good thing.

JUAN WILLIAMS, HOST: I hate to blow things up for you, but I mean you're so deep in the Trump bunker. Sometimes I think I've got to help Jesse out.

WATTERS: If I have a bunker, I'm not letting you in, Juan.

WILLIAMS: I hope I'm not in it, brother. I never want to get in that bunker because I'd be buried. Let me just tell you something, one, reporters, if opinion and somebody's opinion about Nick is now the subject of a lawsuit --

WATTERS: Not opinion, Juan.

WILLIAMS: -- imagine what you would be up against, Jesse. You'll be in bed --

WATTERS: With my smirk too.

GUTFELD: Jesse is never on twitter. You never on twitter.

WILLIAMS: It doesn't matter.

GUTFELD: No, but that's how it starts.

WILLIAMS: No, you know what, but it wasn't the Washington Post, it wasn't NBC, wasn't any media outlet. This was started by a website that was intending to somehow divide the American people --


WATTERS: The Washington Post didn't do --


WATTERS: No, Juan, Juan, but the Washington Post, they have to do due diligence. They have to fact-check. They have to check both sides and they have to investigate. Read the lawsuit, Juan.


WATTERS: They didn't call the other side. They didn't investigate the video. They kept on printing malicious smears of this guy about things that never happened. He never chanted anything derogatory. He never said build the wall, never said anything racist, Juan.

WILLIAMS: You know what, you are deep into a political tribal argument. The fact is here, this is --


WILLIAMS: -- lawsuit. It should be dismissed. It's really an insult. But I will say this, is part of an attack on the press that we are seeing --

WATTERS: Any time you criticize the press --


WILLIAMS: No, no, no, give me a shot.

WATTERS: You can't be criticized.

WILLIAMS: No, give me a shot. Because what do we see today, President Trump is saying the New York Times is the enemy of the people. Why? Because the New York Times did a story that said he asked the acting attorney general to appoint --


GUTFELD: Can we stick to the story?

WILLIAMS: -- that's what's going on here.

GUTFELD: Emily is a lawyer. Emily, tell me about what you think -- this case, 250 million, too much or not enough?

EMILY COMPAGNO, HOST: Well, the reason that they are seeking 250 million is because that's the amount that they purchase the Washington Post for in 2013. So I kinda -- I like that homage. I will say, Juan, to your point just now that -- I think that's exactly the -- unfortunately, invalid argument that is being made which is pointing to the president's rhetoric in defense of this. That's exactly the point the lawsuit makes. And to answer your question --


WILLIAMS: Wait, explain what you just said.

COMPAGNO: What matters -- or the heart of the lawsuit is whether WAPO negligently publish this information in reckless disregard of the actual truth or did they actually have malice. If it's a private --

WILLIAMS: How do you prove that?

COMPAGNO: Here me out. The fact that -- for example, in the lawsuit it details that there were seven articles and three tweets and it listed all of the headlines and it listed the 13 million followers on twitter -- that implication process it is what is reasonably foreseeable.

And that lawsuit is basically saying, look, you -- you know, may be in the first time if you repeat a headline, that's one thing. But there were multiple -- multiple things where you are characterizing this minor child at the time in an externally derogatory way and it wasn't --

WILLIAMS: Emily, he was in the news. He had -- in fact --

GUTFELD: No, they made him the news.

WILLIAMS: Emily, he attended a March for Life rally. He was in a public place at the Lincoln Memorial. He was engaged in the expression of his opinions and his position and it was covered. In addition to --


GUTFELD: Before we go to break --

WILLIAMS: They're not just going after the Washington Post. They're going after CNN. They're going after NBC --

GUTFELD: Juan --


GUTFELD: Dana, how are you?

DANA PERINO, HOST: I'm good. I'm enjoying listening to the conversation. A couple of things --

GUTFELD: All right.

PERINO: -- this lawsuit will probably be dismissed upon the first hearing. The first motion to dismiss, I think the judge might rules that way. But are they making a good point? Yes. And it gets to a broader one which we've talked about this before, which is when, for example, a media company -- you've said digital ad sales?


PERINO: So the other thing that they're getting out of that is your data, right? So what you're looking at, what you buy, what restaurants you're going to go to, all of that stuff.

GUTFELD: So true.

PERINO: And the question has been should you get a piece of that?


PERINO: Is that -- do you own some of that? So then -- the bigger picture point on this --

GUTFELD: I get it.

PERINO: -- is do you own your conflict?

GUTFELD: Exactly, that is the genius moment of this show. We -- if you're an object in this conflict, you're the actor.

WATTERS: Wait --

GUTFELD: You deserve a role. You deserve a payment for the role.

WATTERS: Is that mean I have to pay people that were in Watters' World?



WATTERS: No, no.

COMPAGNO: That's the European view of it, right? And that's where we conflict is that, that. There the agent, the actor owns the data and here we don't. But I agree also that larger point that at what point do we hold accountable the media outlets that are literally, via the public mob, capitalizing on it and then ruining reputations forever.

WILLIAMS: So what do you do about Donald Trump today? He says go get them, Nick, because much like --

GUTFELD: Oh, that's terrible.

WILLIAMS: -- Greg and Jesse, he's cheering them on because he sees this as evidence that the media is after him.

GUTFELD: I want to check. I want to -- no, my whole thing has always been the same. I believe that this is a consensus media in which the profit model is conflict and you've got to put a check on it. To me it doesn't matter if he gets money. You've just got to make them think. I just want -- all America wants is -- they just want the media to think before they shoot. Think before you shoot.

WILLIAMS: Where did the tape come from, Greg? Where the tape come from? Where did it come from? Mainstream media --

GUTFELD: The Washington Post push this thing out --


WATTERS: You guys in the mainstream media didn't edit it, Juan. You guys took some random B.S. -- you took random B.S. and you spit it out there and put a bunch of lies in it. That's what you did.

WILLIAMS: I think conservative websites that spread conspiracy theories are far more prevalent than anything --

GUTFELD: I look forward to that research coming before me.

WATTERS: That's not the point. The point is you guys blew it and then you won't admit --

WILLIAMS: Oh, there you go.

GUTFELD: All right, Joe Biden, you remember him, is reportedly close to getting in to the 2020 race, but could Bernie spoil the party? Plus, Jussie Smollett's lawyers -- I don't know, I've just change -- are meeting with prosecutors. Breaking details ahead.


WILLIAMS: The 2020 Democratic field getting even more crowded. Joe Biden reportedly, quote, 90 percent there, on announcing a White House run, but he may have some serious competition. That's because Bernie Sanders blowing away the field in first-day fund-raising.

The socialist Democratic senator took in nearly $6 million in the first 24 hours after he jumped into the race. So, can Biden top Sanders in the more progressive candidates if he does decide to run? Dana, apparently there's a push -- I've read an article today says all the Democrats want to be identified as liberals and progressives. What do you think?

PERINO: Well, knock yourselves out and then we'll see. I mean, that makes for a great contest going into 2020 --

GUTFELD: That's so violent.

PERINO: I feel a couple of things about this. Biden, I believe that he has time to get in. I don't think he needs to rush. And people are really pushing him to get in because they want to get this underway. They want --

GUTFELD: He's biding his time, Dana.

PERINO: He's biding his time, thank you. And he's holding back fund- raising for the others because -- but, if you think about it, why would he get in right now? He has the highest name I.D. He can wait. Let these other guys fight it out for a little bit, see where they're all going to land.

Donald Trump didn't get into the primary until June of 2015. I don't think that Biden has to make a decision by next week. I think that's an artificial deadline. Bernie and Biden came in today at one and two in the New Hampshire poll, mostly that's about name I.D.

When it comes to Bernie and the money, raising $6 million in 24 hours is a big deal, like that's a lot. But here's the more important thing, it's all grassroots small dollar money, so he has a network that he can go back to over and over again that these others don't, and that includes Joe Biden.

WILLIAMS: By the way, so the announcement video that he put out broke all kinds of records, 5.4 million --

PERINO: I mean, that's because Jesse watched it 3.7 million times.


WATTERS: Over and over again.

WILLIAMS: Emily, so we're talking and thinking about, gee, you know, when you look at the polls it's always Joe Biden is the clear leader, but there's an interesting distinction, if you look -- if the poll offers you names, then they pick Biden. But if you say, hey, you undecided or will you volunteer name, guess what? Biden is very close, like 9 percent for Biden, 8 percent for Harris. So what does this tell you?

COMPAGNO: That's interesting. I think what it tells me is that Harris -- there was a bit of skepticism that I saw coming more from the east coast and those of us from the west coast really had high name recognition for her. She's a significant following and impact and awareness there in the west coast that I think the other half of the nation didn't see.

And just to your point about the network, I think what's so interesting about Bernie Sanders is that, you know, he will always be that leader and the first guy of the socialist movement and whatever, and people will just gather behind him.

And even if, intellectually, we're not sure how much runway is ahead, his followers think that it's limitless. And with that super delegate that rule now in the DNC, I think that he will be a formidable opponent to Biden regardless if he takes his time and has that name recognition. Bernie Sanders might really make some changes.

WILLIAMS: By the way, Jesse, so President Trump had something to say about Bernie's success. He said, crazy Bernie, he missed his time, indicating he should have run -- should have had the opportunity to run against him in 2016. But then Bernie fired back, maybe this is different. Maybe this why people like Bernie, he said the only crazy is the president who's racist, sexist, xenophobic, and a fraud.

WATTERS: OK, well done, crazy Bernie. Who cares?


WATTERS: I think what's happening is people slept on Bernie. People forgot about Bernie. And Bernie comes out and raises more money in four hours than Kamala Harris raise in 24, and people start looking around and saying, oh, my God, this guy has got the small donor network, almost as good as Trump, raised 200 million last cycle, and he could be a serious threat.

Remember, Bernie is fluent in socialism. It's like his native tongue. He doesn't have to speak in codes. He literally wired the socialism code. He's not a pretender. He's the real deal. He was cool before socialism was cool.

So I could see Bernie getting the most applause at the debates, raising the most amount of money and winning Iowa. And all of a sudden, the kingmakers of the Democratic Party are thinking of themselves, oh, my God, we have a serious problem again on our hands, and they're going to have to kneecap this guy again.

PERINO: But they've tried to because he will have to register as a Democrat in order to win this time around. That's their new rule.

WILLIAMS: And by the way --

WATTERS: Is he going to break the rule?

WILLIAMS: -- to Jesse's point, I just want to back up something you've said, 70 percent of Democrats under 30 voted for Bernie Sanders in 2016.

WATTERS: He's got the grassroots.


GUTFELD: Let me tackle Biden and then Bernie, OK? Biden, he has a problem in the intersectional beauty pageant. He's old, white and male. He won't even get Ms. Congeniality at that rate. He should market himself as the first trans-president, hair transplant.

WATTERS: Oh, gosh.

GUTFELD: And see that -- actually help. Now, Bernie, I'm glad Bernie's running because I think people do need a lesson about socialism and what it's doing to this country because the people that like Bernie don't realize how socialism has destroyed them.

When the government pays for things, I.E., making them free, it leads to a horrific death. It artificially inflates prices. So when I'm talking about these -- who's being hurt most it's students with student loan debt. The student loan bubble is due to artificially inflated prices because you can get these loans. So that's what's got to be tied.

You've got to teach kids that socialism ruins your life. It bankrupted you by artificially inflating the price of college. They can raise the tuition because of there are loans that could cover it. And then you're stuck with it and these greedy administrators are laughing all the way to the bank while you basically mortgage your life. That's socialism.

PERINO: And you know they've just raised rates -- college rates -- college tuitions in in Vermont.


PERINO: At the university where Bernie Sanders' wife works. And also, their daughter taught a woodcutting class there.


PERINO: Yep, it costs $383,000.

WILLIAMS: To take the course?

PERINO: To get the whole -- to get the class all organized.


WILLIAMS: I want to just end by telling you that a poll asked people if you don't care about the issues but you care who can beat Trump, who's your pick? And 56 percent chose Joe Biden.

WATTERS: What a dumb poll.


WILLIAMS: We have -- I'll take that to the bank. We have brand-new video reportedly showing the brothers in the Jussie Smollett case buying the materials that were used in the attack. That breaking new development next on “The Five.”


WATTERS: Fox News alert, major new developments in the Jussie Smollett investigation. Chicago police have announced Smollett is officially a suspect in a criminal investigation for filing a false report.


WATTERS: Meanwhile, stunning new surveillance video obtained by CBS Chicago has surfaced reportedly showing two brothers at the center of the case buying what is believed to be a red hat and ski mask the day before the attack. This as prosecutors in Chicago are meeting with Smollett's lawyers. Mike Tobin, outside criminal court in Chicago with the latest. Mike?

MIKE TOBIN, CORRESPONDENT: this is all happening very fast and furious. You've just mentioned moments ago, the chief communications officer Anthony Guglielmi for the Chicago PD says that Jussie Smollett is now a suspect for a class four felony, falsifying a police report. We know that's a punishable by a maximum of three years.

This while we have just learned from people who have been staking out the grand jury room on the fourth floor that the Osundairo brothers have gone back inside for round two inside the grand jury room, seemed to be kind of a false start with the grand jury yesterday. And again, the people who have been staking out the grand jury room say the brothers are inside at this moment as the case moves forward.

On a day when we now have surveillance video coming to us from WBBM channel two here in Chicago, and this is security video from what we're told by employees at the Crafty Beaver is inside of their store, and it shows these individuals buying things like ski masks, what looks to be a red hat.

We know of the inventory that was taken from the apartment where the Osundairo brothers were staying here in Chicago. One of the items on that inventory is a red hat, and that could have very well played a role in what is now shaping up more and more to have been a hoax attack in this case.

So we now have Jussie Smollett, he's been listed as a suspect in this case officially according to the chief communications officer. This long- standing request for police to have a conversation with Smollett, that has not been realized. He never showed up for this follow-up interview.

We have some information that lawyers for Smollett and police met today. The Sun Times has indicated that that meeting is going on right now. The clarification we have through the official police channels is that meeting happened this morning but never the conversation that they want to have with Smollett. Jesse?

WATTERS: Thanks a lot, Mike. All right, Emily, I believe the prosecutors have to go hard on this class four felony. They have to prosecute him. They can't just drop this because if they don't go hard on him, it's going to send a message that you can get away with this stuff and not pay a price.

COMPAGNO: Yeah, absolutely. And you know there's prosecutorial discretion there in Illinois. They could have proceed it as a misdemeanor. They have the option for filling a false police --

WATTERS: They've prompt it up.

COMPAGNO: Exactly. So that speaks for itself right there. And you know those crimes are classified as they're crimes against public justice. It's taken really seriously because it is. There should absolutely be zero tolerance for and a strong message sent when people do this, especially in the level of fabrication that, you know, we are seeing, allegedly, when into this. That level of pro-action and creating this entire dramatic thing and roping in other people, I mean, it's -- yes, it's absolutely should have dire consequences, for sure.


WILLIAMS: So, Mike Tobin still with us, I think. Mike? Mike, are you there? Well, maybe not.

TOBIN: I'm here.

WILLIAMS: Oh, Mike. So, Mike, as I understand it, there was pressure being put to bring Smollett into the grand jury. But today, apparently, his lawyers spoke to the Cook County attorneys and they said OK, he doesn't have to come in. I wonder, is he sick? What was the mitigating factor or the sculpting factor that would lead Cook County officials to say he didn't have to appear before the grand jury?

PERINO: Because they can do it without him.

TOBIN: I think it's more of a situation where you have -- you get this with the legal community that any good lawyer, if he's going to insist that he did nothing wrong, any good lawyer is going to tell them don't go in for that meeting because all they're going to want to do in the course of that meeting is catch him in a lie. And all indications are that something is amiss in this case.

So I don't know if it's necessary exculpatory evidence that gets involved in that, but when you have this sudden halt to the process yesterday, and the Cook County state attorney Kim Fox, recusing yourself, you may have some kind of evidence that was introduced yesterday.

And it should be noted that The Tribune is running a report right now saying the reason she has suddenly recuse herself is because she got pretty close with the family during the initial stages, when everyone thought that Jussie Smollett was the victim of a hate crime.

WATTERS: Thanks, Mike. Dana, you know what's crazy about this whole thing and how sociopathic this guy Smollett is? If they had arrested two innocent guys, he would have said, yeah, these are the guys and he would have been OK with putting away innocent men.

PERINO: Yeah. Did you watch “The Five” yesterday?


PERINO: I made that point.

WATTERS: Oh, you did? Great minds think alike, Dana.

PERINO: And also, this is -- I have a question. These guys work in television. They work on a very successful show, Empire. They obviously probably watch a lot of TV, they've probably watched a lot of movies, like, do they not think for one second that there's going to be a video camera where -- in the hardware store? Did they not think that there's not going to be -- like, all of these questions?

I just feel like he was willing to put other people away for something that also was like very poorly done.


PERINO: As for as the hoax goes, he must have just truly believed that the media was just going to believe every word that he said and then he was going to be protected from that. But I'm glad the police are pursuing it. I think it's good.

WATTERS: Yes, great actor, terrible criminal.

GUTFELD: Yes, you know I don't see how what he did is not considered a hate crime, because it actually is - would have hurt a group of people. And to your point--

WATTERS: All Trump supporter.


WATTERS: Millions of Americans.


WILLIAMS: Oh! My God. Is that what this is all about.

GUTFELD: Bear with me, Juan. I listen to you. This is a hate crime. And to your point, that's despicable that he would let two people go to jail. He should go away for 20, minimum 20 years. And I think you know people accuse people like me of dunking on the Libs over this. No. What you're seeing is vindication. Remember, us, the people that aren't liberals are vindicated because any kind of tangential link to Trump, you, if you don't believe this story then you are part of the problem.

This - everybody should be pleased that a hate crime didn't happen, because it means we're less racist than the media wants us to be. And I don't care about Smollett anymore. He's dirt. I am more pissed off at how the media did this and they've got to pay a price too.

WILLIAMS: Well, I'm glad to know, it's all about you.

GUTFELD: No. You missed my point, Juan, but that's usual, that's usual for you.

WILLIAMS: Let me just, I think this guy is mentally ill.

GUTFELD: That's his excuse.

WILLIAMS: He's nuts. So, if you want him to politicize, it's a political thing and it vindicates the Trump--

PERINO: He is politicizing.

GUTFELD: It was a political act for God sake. He did this on purpose. He had been - we didn't even talk about the magazine with the letter.

PERINO: The letter.

GUTFELD: With the crushed aspirin. That's a terroristic threat.

WILLIAMS: That's right. Is that what he's being charged for?


WATTERS: Filing a false report.

WILLIAMS: But he should be filed with that, because I think the FBI is looking into that as a terroristic threat.

GUTFELD: He put him away for a long time.

COMPAGNO: Yes. He should be pursued for all of it, especially that terroristic threat as we were talking about before. There is no such thing as joking or a hoax when it comes to that. That's 100 percent every single threat is taken seriously by law enforcement as there was at the time, when HASMA team was deployed et cetera.

Also when you said you know he may be mentally ill, I'm not going to speak to that, but to the fact that he has a prior from 2007 in California for false impersonation, DUI, and driving without a valid license when he was pulled over for driving under the influence, he said he was his brother and faked that. So, this is not--

PERINO: Willing to let his brother go.


COMPAGNO: Yes, exactly.

WATTERS: Not a good elder brother either.


WATTERS: More of THE FIVE when we return.

GUTFELD: Terrible.


COMPAGNO: Welcome back to “The Five.” Fox News alert. Breaking news out of Chicago, police have announced Jussie Smollett is officially a suspect in a criminal investigation for filing a false report. Evidence is currently being presented to a grand jury. Mike Tobin is following all of these developments. Mike?

MIKE TOBIN, REPORTER: And so, there are two big developments that we've got to hear just a short time ago. One as you mentioned that Jussie Smollett is no longer considered a victim. He's no longer in limbo. He is officially a suspect for a class four felony filing a false police report. Maximum penalty we know for that is three years in prison and $25,000 fine.

Also, as you mentioned, evidence is being presented to a grand jury on the fourth floor in this building behind me. We know from people who have been staking out the grand jury room that the Osundairo brothers are inside there. So, their testimony is part of the evidence that is being presented to the grand jury. And we're waiting to see what will come out of that grand jury. After this long waiting game that started really Friday night with police saying, they wanted to bring Smollett in for some follow-up questioning.

He lawyered up. He got his crisis intervention team. It became clear that they were never going to say no to police that they're coming in for this follow-up questioning. But they weren't coming in. They were just dragging their feet. That was never going to happen. Police eventually ran out of time with that and they're now presenting evidence to the grand jury. We'll see what comes out of the grand jury and if it ultimately results in an arrest warrant. Things are moving pretty fast here in Chicago. Guys.

PERINO: Emily, if you don't mind. Mike, this is Dana and I had a quick question. Are the Osundairo brothers in any trouble at all or are they just witnesses at this point?

TOBIN: It says that they were - the police made it very clear that they were released. There has been a lot of reporting to the effect that they didn't cook any kind of an immunity deal. But they have been cooperating with prosecutors and after their initial interrogation, police said, they had evidence to believe that they should go free. Dana.

WILLIAMS: Mike, is there any suggestion of motive? Why did he do this? Earlier, I was talking with my friends here at “The Five” and I said, maybe this guy is just mentally troubled or something, but it doesn't make sense. Why would someone do something like this?

TOBIN: You know that's the big question out there. The official channels don't speculate on that at all. You've got to get to this anonymous source type reporting. One of the speculative reports out there that says that he first set this threatening letter to himself, didn't get the response that he wanted. So, he upped the ante with this big staged attack. There were some other reporting to the effect that he was being written out or minimized in the drama, Empire. So, he staged this attack to get some attention, but keep in mind, the 20th Century Fox issued pretty strongly worded statement saying that no not at all. They're still standing behind their actor.

WATTERS: I have an idea guys why he might have done this. So, I think he planned it so that one camera was actually going to capture the attack. So, there was going to be video that would have gone all over the media of guys in red hats, black masks.

GUTFELD: So, true.

WATTERS: Eating a famous gay black American and he would have been a civil rights icon. This would have been a Rodney King situation. This would have set back race relations for many, many years. This would have been linked to Donald Trump and he, Jussie Smollett would have been a hero. He would have gotten everything he wanted with his album. He would have gotten all the publicity in the world and that one camera was facing the wrong way and he thought the media would buy it. And it was all going to work out. But cops are smarter than that.

PD did a very, very good job of breaking this down. The story was almost too big to fail, and the media wasn't asking questions because they didn't want to ask questions, because if it was a hoax, which I think deep down even they knew, it wasn't right. They didn't want to get to the truth, because if it was a lie then that was shame on them too.

COMPAGNO: What's so troubling to me about the initial reaction to is the fact that people were vilified literally for.

WATTERS: Questioning.

COMPAGNO: Yes, and for repeating what was coming out of the Chicago PD, what was coming out of their statements and for taking that measured thoughtful approach.

PERINO: Yes. The far left went after the media for using the word allegedly.

COMPAGNO: Yes. And how is it that if the literally hallmark of our criminal justice system is the fact that we take a measured approach and we wait for corroborating evidence and we're supposed to afford everyone the benefit of the doubt in that moment and people were vilified for that, including reporters. And then how does that all factor in now when I'm sure it's going to be a lot of muted tolerance about this.

GUTFELD: OK. I want to answer that question, because I have facts, which is rare.

WILLIAMS: I'm glad you said it.

GUTFELD: It's called a joke. Anyway, why he did it? It's Pavlovian. Being a victim, these days is better than being an actor on a successful show because the media has created an atmosphere that rewards victimhood in a big way. It creates a spectacle. So, he knew what he was doing, and he knew that the Trump atmosphere, the anti-Trump atmosphere made it even better.

Now to your thought like where does this argument go. 17 percent increase in hate crimes due to Donald Trump. So, you've got to go look at that. This is what I do. I go and I check it out, OK. That 17 percent increase from 2016 to 2017 was due to 1000 additional reporting agencies. So, it wasn't a rate increase. It was an increase due to more reporting.

WILLIAMS: Can I speak to rebut you.

GUTFELD: Yes. I'm not done. So, if one of those agencies just reported one crime, that's 1000 new ones. 17 percent increase. So, the analogy, this is like a comb over. It's the same amount of hair. You just moved it around and so don't buy into this increase. OK. It's just additional report.

WILLIAMS: Can I speak to your point?

GUTFELD: Well, I thought I didn't have any facts, Juan.

WILLIAMS: Well, you don't, because guess what.

GUTFELD: That's a fact.

WILLIAMS: The fact is it's a 17 percent increase in hate crimes. And what Greg is saying is, oh! well gee.

GUTFELD: Oh! well gee, that's exactly what I said, Juan. I said, oh! well gee.

WILLIAMS: Some people didn't report, guess what?

GUTFELD: Guess what, I was waiting for that.

WILLIAMS: 12 percent of the agencies that report to the FBI reported a hate crime. In fact, big cities like Miami.

GUTFELD: That's because they expanded their reporting.

WILLIAMS: And Las Vegas don't report hate crimes.

GUTFELD: They already existed.

WILLIAMS: So, what we're seeing is a huge hike--

GUTFELD: Actually, seeing a decline--

WILLIAMS: In hate crimes under this President.

WATTERS: There is also a hike in fake hate crimes.

PERINO: The other thing - go ahead, Emily.

COMPAGNO: To your point though that the incendiary nature of this, when you said, it could've been the next Rodney King. That's not something either that's being talked about where it's not just two potential innocent people that could have gone to--

GUTFELD: Yes, a riot.

COMPAGNO: But also, the potential--

GUTFELD: A riot.

COMPAGNO: To erupt in Chicago. All right, Mike, thank you for your reporting. We'll continue to bring you the breaking details as they come. But up next some fun. Wild Card Wednesday. Don't go anywhere.


COMPAGNO: That's right. It's time now for Wild Card Wednesday I've got this handy dandy new wheel. By the way--

GUTFELD: I can tell, you're thrilled.

COMPAGNO: I learned something about the wheel of justice. But I will tell you about it later. OK. Wild Card Wednesday. Stunt performers risk their lives making actors look good. Why don't they win Oscars? Whose is this?

GUTFELD: This is mine.

COMPAGNO: This is yours. So, what's the deal?

GUTFELD: I think that these are guys that are put more on the line than anybody. So, they should deserve an Oscar nomination. And they - I mean it's like actors. A lot of actors just show up, they've got ear pieces, they fed the lines. What about the dude that nearly dies climbing the mountain?

WATTERS: I'm all about the front man. I don't want to give the producers any credit. I think the award should go to the people on camera never off camera.

COMPAGNO: They do, guys. They don't just risk their life. They're like - actually die only for a video.

GUTFELD: They die.

COMPAGNO: That's a great comment.

WILLIAMS: I think The Rock just gave his stunt guy a huge car.


WATTERS: Wait, you ruined it. The Rock does not have a stuntman, Juan. He does all those stunts himself.

WILLIAMS: Yes, you know and by the way is that for wrestling thing real?

WATTERS: Don't go there.

PERINO: They don't talk about it. All right. Fake plane ride challenge takes China by storm, the aptly named Internet trend has users create phony travel videos by placing household objects like toilet seats or detergent bottles over pictures of real planes and excursions. What? I don't get it.

WILLIAMS: Yes. This is mine. So, this is just crazy because it's a viral craze. You pretend you're on a plane but actually guess what you're just holding up like--

GUTFELD: Who holds a toilet seat.

WILLIAMS: Look at all these people, Greg.

GUTFELD: I hope it's not used.

WILLIAMS: Yes. It's unbelievable.

GUTFELD: That is fantastic.

COMPAGNO: Who has the time on their hand.

GUTFELD: But it's so clever.

WILLIAMS: Look at it. See, that's me doing it.

PERINO: I think that's very strange. OK. Here is--

GUTFELD: There was a big - but never mind.

WILLIAMS: See, that was me. See where I am.

PERINO: Here's another one. Karl Lagerfeld pampered cat making his paws on nearly $200 million fortune. Is this yours?

COMPAGNO: Yes, that was mine, because he gave an interview.

PERINO: The designer's cat named Choupette.

COMPAGNO: Choupette and that cat had his own made media couple assistants, his own driver. He's a model for Karl Lagerfeld, who just passed as we know. And he'd given an interview a couple years ago and said that I'm leaving you know a large part of my fortune to Choupette.

WATTERS: AOC already said, she wants 70 percent of that.

PERINO: Yes. Where is the social justice warriors?

GUTFELD: The cat wears a hat by the way.

PERINO: Cat and the hat.

GUTFELD: You know what's it called.

PERINO: Unclaimed $1.5 billion in lottery prize could leave two big losers if nobody comes forward. This is mine. It's $1.54 billion is a jackpot in South Carolina. They have yet to come forward, it's been 180 days and if at that time that they don't, basically no one gets anything.

WATTERS: They're probably just drunk and lost the ticket.

PERINO: Don't you think they might lose the ticket.

WATTERS: Yes, they probably don't even know they won, and they lost it.

PERINO: And they'll always be wondering that they--

WATTERS: They probably don't even know they won.

COMPAGNO: Doesn't that go to second place at that time?



GUTFELD: No second place. There is no second place in lotto. Just like life. Forget it.

PERINO: What happen - what if you lost the ticket. That would be bad.

GUTFELD: What if you found the ticket, that's two lotto's.

PERINO: The best thing is if you just don't ever buy them.


PERINO: You'll never have this problem.

GUTFELD: Don't you hate them when people give them as gifts.

WILLIAMS: You know the guy in Jamaica who showed up in the screen mask.


WILLIAMS: To claim his winnings.


WILLIAMS: This is when you need a screen mask.

PERINO: OK, I've got this. This one must be Jesse's. The Gillibrand campaign was interrupted during a campaign event in Iowa City by a woman on a quest for condiments. Watch this. Start over. Can we play it again? I love this.

WATTERS: I think that's how most of Americans feel around this time when these politicians are just trying to run. It's two years from now. She's trying to get some ranch.

PERINO: Trying to get some - I like ranch.

WATTERS: You know what, is ranch the best dressing, do you believe?

PERINO: I think so.


WATTERS: Top three.

WILLIAMS: Top three.

COMPAGNO: Salad or on pizza.

GUTFELD: On salad. Do you put ranch on anything?

WATTERS: I think she wants it for the win.

GUTFELD: You can put ranch on anything. I like Russian or French, I like French.

PERINO: Wow, you like that one.


WILLIAMS: Why would you put dressing on pizza?

COMPAGNO: I dipped pizza into ranch sometimes.


PERINO: Wow. I just kind of - One More thing is up next.


GUTFELD: Pretty damn good. All right. One More Thing. Hey, Jesse.

WATTERS: Emily is a meme already. Everybody check it out. All right. Our friend Jillian Cardarelli performed on Fox and Friends this morning. One of her hit songs, "Good at looking good". One hell of a title. It's pretty impressive. Dana has turned me on the country music, so as Gillian and as Dana knows Gillian's performed with Dirks Bentley and has a big album coming out in summer.

PERINO: Amazing.

WATTERS: And she's also performing at Rockwood Music Hall tonight in New York, so check it out.

GUTFELD: Anyway. Juan.

WILLIAMS: All right.

GUTFELD: The silence was for country music.

WILLIAMS: So, it's snowing here in New York, so I want to take you some place warm and wonderful and give you a surprise. Earlier this week, Kathy Daly was paddle boarding in Lower Bay Hawaii. Look at the surprise she got.

PERINO: Paddle board.

WILLIAMS: Yes, those are huge beautiful whales and they popped out of the water only 50 yards away from Ms. Daly and her friends giving them a marvelous show that they're going to never forget. And hopefully for all of us snowbound in the middle of the country in the East Coast, I hope it warms their heart.

PERINO: But how did they stay on the paddle board.

WATTERS: Balance, Dana.

GUTFELD: Why they have to scream. Stop screaming.

WILLIAMS: It's dangerous Dana. I thought the same thing when I saw it.

PERINO: I mean come on.

GUTFELD: All right.

PERINO: The waves are like this.

GUTFELD: All right, enough of this ridiculous conversation. My podcast is up. It's at

WATTERS: Speaking up with ridiculous.

GUTFELD: With the one - with writer Stephen Miller @readsteve on Twitter.

WATTERS: I love this guy.

GUTFELD: Yes, he's a great Twitterer whatever. We talk about the best music and the best movies of 2018.

WATTERS: This might be the first podcast I ever listen to.

GUTFELD: Oh! Thank you.

WATTERS: Maybe I said.

GUTFELD: Maybe. All right. It's time for Greg's Pictona 500 news. All right, this got over shadowed by the Daytona 500, but this was quite a race that went on, on Sunday. If you'll notice, there's 500 laps, there seem to be a jam up at the back there. But this was - this would have been watched by everybody, if it wasn't for that other race. Look at that, they turned around massive pile up there. Massive pile up. Pigs are great.

COMPAGNO: That's hilarious.

GUTFELD: Pigs are awesome.

PERINO: That was one of your best, Greg.

GUTFELD: Thank you, Dana.

PERINO: OK, The Paw Patrol. They were out in force in Massachusetts after it was hit with a snowstorm. Check out this dog, Ellie Marshall's dog is Rossi and he wanted to help. Look at that, I mean that's actually pretty helpful for a dog to figure out how to do that. It was a red fox retriever, Labrador.

GUTFELD: Whatever.

PERINO: That kind of looks like Jasper. But it's not--

GUTFELD: A horse.

PERINO: So, does that make you love your pet. Well, it is National Love Your Pet day as if you needed one.

GUTFELD: That's perverted.

PERINO: You know Jasper, he loves snow. There he is.

GUTFELD: There you go. He has to shoved that.

COMPAGNO: Little wiggly.

PERINO: There he goes.

WATTERS: Nice picture.

PERINO: All right. Also, my podcast is up today. I'll tell you what. There is a new version. We talk about how much money you would spend to have the best nap of your life.

WATTERS: Best nap?

PERINO: Yes, best nap.

GUTFELD: I could do that.

WATTERS: You can do that for free.

GUTFELD: I know.

PERINO: Would you miss a flight for it?


PERINO: That's what happened to Chris.

WATTERS: It makes more sense.

GUTFELD: All right, Emily?

WILLIAMS: All right. Happy Love Your Pet Day. Quick shout out to my girl Duchess. There she is. She's so patient.

PERINO: You always use the same picture though.

GUTFELD: That's not a real dog.


GUTFELD: That's dog envy.

WATTERS: Do you feel that--

GUTFELD: Wow, dog bitterness. Jesus.

PERINO: More pictures of Duchess there. That's a new one.

WATTERS: Nice try.


COMPAGNO: Electric Camaro is so fast and powerful, it can do wheelies. Check this out you guys.

WATTERS: I like the pigs better.


COMPAGNO: All right. This is an eCOPO Camaro Concept car. It's a battery powered drag racing special and 700 horsepower and 600-foot pound of torche.

WATTERS: How much torque?

COMPAGNO: 600-foot pound.

WATTERS: That's a lot of torque.

GUTFELD: Yes, and it's all fueled by coal.

COMPAGNO: Anyway, 134 miles per hour. I'm still a Ford girl myself. You guys know I love my Mach 1, but I appreciated that.

GUTFELD: There is your Mach 1.

COMPAGNO: Here it is.


PERINO: Emily, you're a rider anyway.

WATTERS: Wow, nice wheels.

COMPAGNO: You've seen that husky photo before of Duchess.

GUTFELD: Yes, I'm tired of it frankly and Emily, I'm tired of you. You make me sick Set your DVRs. Never miss an episode of “The Five.”

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