Legal showdown looms as Democrats prepare court challenges to Trump's national emergency

This is a rush transcript from "The Five," February 15, 2019. This copy may not be in its final form and may be updated.

DANA PERINO, HOST: Hello everyone. I am Dana Perino along with Jedediah Bila, Juan Williams, Pete Heseth and Greg Gutfeld. It's 5:00 in New York City and this is “The Five.”

This is a Fox News alert. Police is saying the suspect in an Aurora, Illinois industrial park shooting has been neutralized. According to the city of Aurora, four police officers were wounded in the incident and are in stable condition. We go now to Jonathan Hunt for the latest. Jonathan.

JONATHAN HUNT, CORRESPONDENT: Dana, the first 9-11 calls came in at around 1:40 central time, that's 2:40 p.m. eastern. Now, we do not know from officials how this incident played out exactly. We are expecting a news conference with local police and other officials at the bottom of the hour. They will give us the blow-by-blow of what they know.

But what we have heard from eyewitnesses is that a worker at the Henry Pratt Company, which is the building you are looking at right there, checked in for work like it was any normal day this morning. And several hours later suddenly began running through that building in the words of this eyewitness, "shooting everyone."

We know officially now that four police officers were wounded in this. We assume and it is only an assumption at this point that they were among the first officers to respond after those initial 9-11 calls. We are also being told that all four of those are in stable condition. Beyond that, we do not know the extent of their injuries. We also do know, though, that the coroner is now on scene.

Obviously a coroner is only called in if there are bodies to be dealt with. So again, our assumption here with the coroner on scene is that at least one person is dead. Whether that is a victim or whether that is indeed the shooter, we do not know. The language that officials have used regarding the shooter has changed.

The first word we got was from the city of Aurora. They said the shooter had been "apprehended." Then a city of Aurora spokesman later changed that talking with (inaudible) news team to the shooter has been "neutralized." And then Aurora police said the shooter is no longer a threat.

So, all of these questions -- what is the condition of the shooter? What is the condition of those injured? We hope to get some answers too in the next 30 minutes or so. But the bottom line, there has been a mass shooting in Aurora, Illinois, west of Chicago. The shooter is neutralized, whatever that means according to officials.

There is no longer a threat. Schools in the area went on immediate lockdown. They have now been told they can lift that lockdown and parents can go and pick up their children, so a sense of relief now there. The area was flooded with first responders, SWAT officers. We saw them at one point rushing into the building and that appeared to coincide with those first reports we got that the shooter had been apprehended.

Now we have seen a lot of those first responders standing around far more relaxed fashion, weapons down. Clearly the threat is over as Aurora police have told us, but we wait now, Dana, to find out the details from officials of exactly what prompted this shooting and exactly what is the condition of those four police officers who were hurt, and any other people who were shot in this attack, Dana.

PERINO: Thank you Jonathan. We appreciate it. We are monitoring any developments out of Aurora, Illinois as Jonathan said and we will update you as we get them. President Trump fighting back against critics during a fiery Rose Garden news conference where he officially declared a national emergency on the southern border.


DONALD TRUMP, PRESIDENT: We are going to be signing today and registering a national emergency and it's a great thing to do because we have an invasion of drugs, invasion of gangs, invasion of people and it's unacceptable. I could do the wall over a longer period of time. I didn't need to do this, but I would rather do it much faster.

And I don't have to do it for the election. I've already done a lot of wall for the election 2020. And the only reason we are up here talking about this is because of the election.


PERINO: Chuck Schumer and Nancy Pelosi blasted the decision as a "power grab." They are signaling that Democrats will fight it out in courts. President Trump sarcastically responded to any potential legal challenges.


TRUMP: We will have a national emergency and we will then be sued and they will sue us in the Ninth Circuit even though it shouldn't be there. And we will possibly get a bad ruling and then we'll get another bad ruling and then we will end up in the Supreme Court and hopefully we'll get a fair shake and we'll win in the Supreme Court.


PERINO: I know. He was talking about how this has been a civics lesson, the last -- he's right. It's now just how the bill becomes a law, it's how the bill goes to court.

GREG GUTFELD, HOST: Yes. I mean, he said it in such kind of, a nice sing-songy (ph) way that even a child like in the (inaudible). OK, so the thing that -- we have to remind everybody when you are listening to smug reporters that when the caravans were here, it was a national emergency.

At that time America was being compared to Nazi Germany because we were separating -- remember we were separating families and putting children in cages. It was a horrifying humanitarian crisis. So you finally get that the president to agree that this is an unacceptable situation and we should apply some solutions, and some of the Democrats are mocking it.

It's no longer an emergency even though we said that it was like Nazi Germany just months ago. So for the media and for the Democrats, the caravan is a national emergency until it's no longer visual. So, what you are left with are adults trying to solve the underlying issue that led to this crisis, which is, I mean, think about this.

Whether it is terror or mass shootings, you don't just assume everything is fine when the attack is over. You go back and you figure out how do you prevent that. That's all that is going on right now. And to laugh at this and say it's not a humanitarian crisis, you were the same people screaming bloody murder that it was.

PERINO: That it was. We have sound from one of the exchanges with a reporter. You're going to want to talk about this. Pete, take a listen.


JOM ACOSTA, CNN CORRESPONDENT: What do you say to your critics who say that you are creating a national emergency and you're concocting a national emergency in order to get your wall?

TRUMP: I asked the Angel Moms. What do you think? Do you think I'm creating something? Ask these incredible women who lost their daughters and their sons, OK. Because your question is a very political question because you have an agenda.

No, no, you get one. Just wait. Sit down! Sit down. You get one question.

UNIDENTIFIED MALE: No, the second question is --

TRUMP: Wait! Sit down. Sit down!

UNIDENTIFIED MALE: Could you please answer --

TRUMP: Sit down. You get one question.


PERINO: Pete, you are sitting.

PETE HEGSETH, HOST: I said the same thing to my kids last night - -

GUTFELD: Stand up, Pete.

HEGSETH: Sit, sit. I will say, you talked about visuals, Greg.


HEGSETH: The Angel Moms were the most powerful part of this press conference. He used them in his opening remarks and then when Jim Acosta tried to come at him and used the stats to talk about the stats. He said, there you -- the left does the emotional visuals so well so often. And we rarely see that from conservatives or Republicans because we talk stats --

PERINO: No, if you do they get made fun off.

HEGSETH: Yes, they get made fun when we talk stats, but that visual right there. These are people affected by this. And the comparison is, remember when the left and the media went wall-to-wall on the very unfortunate circumstance for the two kids who were handed over to ICE in custody as their parents brought them on their perilous journey passed away after everything we do for them.

There was wall-to-wall coverage. There is almost no coverage other than this channel on these Angel Moms and these circumstances when illegals go wrong. That's the point the president is making. I think a lot of people watching this feel that vicerally (ph).

JEDEDIAH BILA, HOST: And did Acosta asked President Obama, Nancy Pelosi and all the Democrats? Did he stop them and say, you know, is this a manufactured humanitarian crisis when they were all out there calling? There were clips of Obama and Pelosi and all these Democrats calling it and acknowledging that this was a humanitarian crisis.

No reporters questioned them when they all said, oh yes, they want to address it. They want to do something about it. He had no choice but to do this national emergency. This was not my first choice.

TRUMP: He did have a choice.

BILA: I mean, he could have taken the origin deal which was terrible. He could have taken this new bill that is an atrocity as I said yesterday. But the bottomline is, as I said yesterday also, it's either national emergency or it's not.

And he was in a position now where he felt like there is no movement for me here. I am not getting any help from Democrats. They are not interested at this point in calling this what it is which is a national emergency because to do that would give me a victory in 2020 or it gives some credence to what I've been saying.

So unless I actually declare this and figure out a way to move some of this money around, I'm not going to get the money for the wall. They're not interested in the barriers and they put so many obstacles forth in the spending bill that, you know, you can't have this type of wall. You can't have a wall of that type in this place, enabling towns and counties --

HEGSETH: You can't disrupt the butterflies.

BILA: -- right. You can't do anything essentially.

PERINO: Let me mention, Juan, that in my ear, they tell me that just FYI, the House Judiciary Committee has announced that they are launching an immediate investigation into this executive action. They have sent letters to the president to that effect. Let's get you thoughts. You haven't spoken yet.

JUAN WILLIAMS, HOST: Well, I think the key thing for me is that the Justice Department tone is a high litigation risk with this strategy. I don't think there is an emergency of any kind. To say there is a humanitarian crisis, well, I guess there was a humanitarian crisis in December. I guess there was a humanitarian crisis two years ago.

GUTFELD: So you don't want to fix it?

WILLIAMS: Let me finish. And so you have a situation where he didn't declare an emergency then. Now today, and I think this was telling, he says, you know what? I don't need to do this, but I would rather do it faster. Boy, if I was a lawyer, I would say, your honor, the president said he doesn't need to do this. There is no invasion. There is nobody attacking America. This is not a military situation.

GUTFELD: When another child dies you will change your mind.

WILLIAMS: So, this is a situation where I think it was Ann Coulter, a real conservative, who said the only national emergency is the president is an idiot.


GUTFELD: Now you agree with Ann Coulter.

WILLIAMS: And so this is -- but to me --

BILA: She tweeted (ph) (inaudible) everyday how she feels about it.

WILLIAMS: -- but to me, you look at the idea of the national emergency and what I see is that you guys are saying, well, maybe because you want to support the president. I can appreciate that.

GUTFELD: No, no, no.

WILLIAMS: But I got to tell you something, the "Wall Street Journal" editorial page, "National Review," I could even go on the number of Republicans in the Senate including Mitch McConnell, Senate Majority, who tried to get the president to say don't do this because there is one day going to be President Alexandria Ocasio-Cortez and boy, you don't want to give her this authority.

GUTFELD: You know what, what is great now is I want to hear the Dems tell me that fentanyl is no longer a problem, human trafficking is not longer a problem, gang violence is no longer a problem, sexual abuse is no longer a problem. The Dems are walking into a huge trap. It's already happening. You saw it with Beto.


PERINO: Can we play that?

GUTFELD: Yes, certainly.

PERINO: Watch this.


CHRIS HAYES, MSNBC HOST: If you could, would you take the wall down now here, like you have a wall?


HAYES: You'll knock it down.

O'ROURKE: I'd take the wall down

HAYES: Do you think the city -- do you think there is a referendum here in the city that would pass?

O'ROURKE: I do, but it has cost us tens of billion dollars to build and to maintain. And it has pushed migrants and asylum seekers and refugees to the most inhospitable, the most hostile stretches of the U.S.-Mexico border ensuring their suffering and death.


PERINO: Well, that will come back.

GUTFELD: Well, OK. This is -- we talked about this a couple of weeks ago that if they believe something is immoral, shouldn't you remove the existing immorality?


GUTFELD: And that is the existing walls. So, it's a trap that they've walked into and now he says, and you know who else suggest, Kirsten Gillibrand. Is it Jillibrand or Gillibrand?

PERINO: Gillibrand.

GUTFELD: Whatever, anyway, the point is now -- Gillibrand, thank you. So, the fact is each one is now going to be faced with this question wherever they go and they're going to have to -- they have two choices. Remove the immorality or side with Trump.

HEGSETH: It's not a case of --

PERINO: And Kirsten.

GUTFELD: Kirsten.

HEGSETH: It's not a case of how of whether the national emergency is now or two months ago. The president has said it's an emergency for that long. Congress can't figure it out. They can't address it. They haven't been able to deal with the emergency as a result as the executive who is charged with our security. He says I have to take it in my own hands.

WILLIAMS: What security? It is not a security issue. It is a joke.



WILLAMS: OK, let's go see this -- no, let me finish up here. And you know, when the president says, oh, this is about drugs. Most drugs come through legal ports of entry.


WILLIAMS: When the president says it's about illegal immigration, gues what, illegal immigration is down substantially like radically since 2000.

HEGSETH: Because of walls.

WILLIAMS: Oh my, you know it's not because of the wall.

GUTFELD: No problems here.

WILLIAMS: And you talk about walls. This is -- there are other ways. There is fencing --

PERINO: You guys, we have to run. We got --

WILLIAMS: You know to me, it's like you don't want to hear it.


GUTFELD: Yes, we don't want to hear it.

PERINO: Another new twist in the Jussie Smollett case. We're going to bring the details to you, next.


WILLIAMS: Breaking news out of Chicago. Police arresting two suspects in the alleged hate crime attack on the "Empire" actor Jussie Smollett. It's the latest new twist in that mysterious but developing story. Chicago police now say they are holding two men identified in security video from the area where Smollett said he was attacked.

Smollett claiming two people hurled racist, homophobic slurs at him and told him "This is MAGA country." The suspects have now been identified by police as Nigerian brothers. Police saying one of them worked on the set of "Empire." On Wednesday, Smollett was asked by ABC if the men on the security video were his attackers.


JUSSIE SMOLLETT, ACTOR: I don't have any doubt in my mind that that's them. Never did.


WILLIAMS: This follows reports by local news outlets that the attack on Smollett was a hoax. Police later responding to that saying it was not a hoax and that Smollettt "continues to be treated as a victim not a suspect."

Jedediah, it is such a strange story. It seems to change, but we had these reports in Chicago suggesting that maybe this was something that was staged with these men. One of them had been an extra on the "Empire" show because Smollett was worried that he was going to be written out of the script of "Empire." What do you make of that?

BILA: Which Fox Entertainment came out and said that's not true. He wasn't going to be written out of that. I don't know. It's interesting. And where did those reports originate from because once those reports came out, the Chicago local police came out immediately and said, there is -- we're not going to substantiate this. He's not being investigated. We are not confirming these reports.

I don't know what happened here and I don't think any of us do and it remains to be seen. That's why an investigation needs to happen. The thing that interests me most still is his phone records though because now he has turned over his phone records 13 days later, but they are redacted. They are not complete.

And, you know, the police that are working with him are saying listen, can you hand this stuff over because in the form that you are handing them over, there is not enough information here for us to be able to tell if you were on the phone with your agents and people were making racist or homophobic slurs in the background.

We need to be able hear that so that we can figure out what happened here. We can corroborate your story and we can get the people who did so. My only struggle with this story is why has he not turned that over and if he wants this to be a criminal investigation? Without that information it doesn't meet the burden of proof for a criminal investigation. So that's my struggle here. Why not? Why not just hand them over?

WILLIAMS: Well, I mean, he says that the reason that he didn't do that because there are important people in his phone and his family. And also he says, you know, he is a gay man and he has pictures there he's not -- doesn't want everybody to see them.

So Pete, what's interesting is of course, the subtext to this is people saying well maybe this guy made it up. Maybe he is attacking President Trump and "Make America Great Again" and the hat. So he says in the interview -- he wouldn't need to mention a MAGA hat because that is like putting a cherry on racist sundae. He said these men called him a homophobic slur and the "N" word.

HEGSETH: Well, I don't know. I mean, none of it adds up, we don't know so I'm not going to say what did or did not happen. Listen, the MAGA hat could be the point or the cherry on top. Who knows? I've never -- I still don't like at all the idea of hate crimes. Either you commit a crime --

GUTFELD: But a stance.

HEGSETH: No, no, no, in a different way. Either you commit a crime or you don't.


HEGSETH: What the motivation in your heart is actually doesn't matter at all. Whether you are a racist or a homophobe or whatever, if you mug someone or you rape someone, you assault someone, you are committing a crime. I don't care what your motivations are.

So the whole conversation to me here is absurd. If he made it up, it was probably to make a point or for an ulterior motive about Trump or about racism. I don't know. If he didn't, it's an unfortunate circumstance we may not get to the bottom of. It all feels icky to me and I just -- I don't know where it goes.

WILLIAMS: So Dana, one of the interesting angles on this is, could it be that he is the victim. Derrick Johnson, the head of the NAACP saying today the media is demonizing the victim.

PERINO: Well, this is kind of a weird thing because the media is covering the story and one of the things that they complained about was the media using the word "allegedly," but actually that's just AP style. That's like what you are taught in journalism school, Juan, right? I mean, they were complaining about using the word allegedly like, no, that's actually what you do in these things. I would say justice is slow and oftentimes we want things in a second, right, if we press a button, the food delivery comes like we want it immediately. And justice takes a long time so we have to give the investigators a little bit more.

WILLIAMS: So Greg, he seems to say these are the guys who did it, right?


WILLIAMS: He did say that if these -- if he had said that they were Muslims or Mexicans maybe more people would have believed him, but they are black guys, Nigerians.

GUTFELD: Well, this is where the, again, the media narrative goes up in smoke. I appreciate how careful and restrained we are on this story and how careful and restrained the media is everywhere on this story. Nothing like the Covington story. You want to compare stories. Let's compare the Covington story to the Smollett story, OK.

There are two similar -- the similarity in the rush to judge a specific group. In this case it was the Covington kids. In this case it was a racist homophobic mysterious men that turns out that half of that is gone. It's not racist, right? That part of the piece is gone.

But the media will not -- the media will adjust their narrative without admitting their error. They won't say, oops we were wrong on that. Maybe it's just a homophobic attack. To your point, it's an attack. But it's like they kind of ignored the fact that they were wrong on that as well as attributing this to an atmosphere that encourages hostility.

This whole thing like, well, this is happening in Trump's America. Even if it's a strange story with a lot of weird holes and some things don't make sense. But you know what, it's about surging hostility and it's about smearing Trump and Trump values. Modern-day lynchings, those were the words that were being used.

A lot of this stuff happened in the beginning, in the rush it judgment. And now, we're looking at it and we're going, OK, there is something else going on here. I don't want to believe that he planned it because I don't believe anybody would be sick enough to risk a race war in order to keep his job on a T.V. show.

So I'm hoping that that's not true. He might have known these guys. These guys might have planted story. It's extremely strange. But it's the media in my mind that is at fault about this because they created atmosphere that makes it quick to judge anybody.

The assumptions are that this is the type of person who did it. It's the rush. It happened with Covington and it happened here and we don't know how this is going to end. We don't know what these guys did. These guys might be innocent. Who knows?

BILA: And maybe to buy social media too because when you have social media you have a (inaudible) to not only tell your version of the story what you think is true but also it's a hate on everybody you disagree.

WILLIAMS: All right, coming up. Trump's latest physical creating a media fire storm. That's next right here on THE FIVE.


HEGSETH: Come on in. President Trump's critics in the press now taking on a new role. Media weight watchers. Members of the media actually fat shaming the president after his annual physical results were released. Take a look.


UNIDENTIFIED MALE: Listen, I don't care if he weighs close to 300 pounds.

SETH MYERS, LATE NIGHT SHOW HOST: President Trump claimed that migrants hoping to illegally enter the country through the southern border would "have to be in extremely good shape to get over his proposed border wall." And that makes sense. He is in terrible shape and he can't seem to get over it.

CHRIS CUOMO, CNN HOST: He has a terrible diet. To think that you're going to have his kind of vitals on that kind of diet is really fantasy thinking.

JOE SCARBOROUGH, CO-HOST, MSNBC: I know a guy who's 6'4''


SCARBOROUGH: and weighs --


SCARBOROUGH: --and weighs close to 240 pounds.


SCARBOROUGH: He does not look like that.

BRZEZINSKI: No. But it's amazing they're even lying about - he's lying about his health.

SCARBOROUGH: Well, he's - yes, lying about his health--


HEGSETH: When I saw this stat, Greg, the first moment I saw it, I said, the Left will not be able to resist. Apparently, 243 pounds is close to 300.


HEGSETH: Amazing.

PERINO,: Did they go to my school?

GUTFELD: They can't do math economically, but - when it comes to your weight. I think that they should put scales in front of the Morning Show studio, in front of the White House press room and then you should have - when you get in - before you get on there, you have to get on the scale and they have to announce your weight.

What - how Mika would feel about that? Because you know what, you can't talk about weight if it's women, because that's called fat shaming. But if it's a dude, go right ahead. It's another example of reverse sexism. And you'll see that in my new book "Reverse Sexism" coming out in June - I'm joking.

But you know what? I'm kind of for talking about weight, because when I was on "Red Eye" I put on a lot of weight and you know how I lost weight?

BILA: Well, I remember that.

GUTFELD: I lost weight because everybody on Twitter was making fun of how fat I was.

BILA: Is that true?



GUTFELD: That's - that was incentive.

HEGSETH: Dana? This is fun.

PERINO: I would rather release my tax returns than my weight.

GUTFELD: Those are heavier.


BILA: That's silly, because you look fantastic.

PERINO: Because - no, I'm just telling you that Greg is right. Women do not want to talk about their weight. And so President Harris or Gillibrand or whoever - Gillibrand?

GUTFELD: Yes, it's Gillibrand.

PERINO: --whoever is going to be in the future, there will be a woman President. I'm--

GUTFELD: --waiting in Hawaii. Gabbard--

PERINO: Tulsi Gabbard.

GUTFELD: Yes. Say her - President Gabbard--

PERINO: President Gabbard.

GUTFELD: That's easier.

PERINO: Yes. OK. That's for the future. No, seriously - honestly, I - women are not going to want to do it. I bet they'll be the first ones to say, I'm not doing that. Just like he said, I'm not releasing my tax returns.

BILA: Yes.

HEGSETH: One. And the Obama was--

WILLIAMS: That was pretty good. I don't think that worries, but that was pretty good.

HEGSETH: The Obama was famed fitness fanatic. Trump takes a different approach. Does that matter for the presidency?

WILLIAMS: Well, I think, what people are picking up on here is much bigger, which is - that you'll recall that when he was running for President, he had that unusual doctor here in New York who, it turns out, didn't even proclaim that he was in great shape. Turned out that Trump had written his own description of his health and then had it released to the press or leaked to the press, so that he would be the most healthiest, greatest shape.

And then last year, it was Ronny Jackson who said he's in the greatest shape, and then was later nominated for VA Secretary, but didn't make it.

PERINO: But the reason you do this is to see if the President is going to be healthy enough to be able to take care of the country.

WILLIAMS: Yes, and that's the point.

PERINO: --weight is not newsy.

WILLIAMS: No, no, no, I think that what people are saying is, you can't trust that he's telling you whether or not he's in good shape or bad shape.

BILA: You really think--

WILLIAMS: I mean, people said - the one that caught my eyes was people who said, "Hey, you know that guy who is, I think, a linebacker for the Chicago Bears. He's 6'3", 247. Boy, he doesn't look like that."

HEGSETH: That's great journalism.

BILA: You have me thinking though about - because there are a lot of women that are going to be running for President, how are they going to cover women? Because they're not going to want to talk about weight or physical appears.

GUTFELD: You got to ask how much they weigh, if they're doing the physical, you know because we're equal.

BILA: Yes, but women--

GUTFELD: Men and women are equal.

BILA: Look at what they do to Melania, though. I mean, they criticize her--

GUTFELD: But she's not President.

BILA: Right. So I'm saying, now I wonder if it's just women on the Left you can't criticize. But if like a - when Sarah Palin lose on that ticket, she got criticized when the--

HEGSETH: But the point--

WILLIAMS: --you forget what they said about Michelle Obama, she could lose some weight, her arms are too big.

GUTFELD: She was adored.

HEGSETH: Who was saying that? Nobody here.


WILLIAMS: Talk about selective--

HEGSETH: --President Trump lives to be 120 years old.

WILLIAMS: Why is that?

HEGSETH: They were right, you were wrong.

WILLIAMS: That what McDonald's hamburgers will make you live forever?

HEGSETH: They do - and they do. I say this in the military every time they do a height and weight index, I was deemed to be overweight.

PERINO: Yes, right.

HEGSETH: All of those indexes are ridiculous.


BILA: I agree.

HEGSETH: I don't know who they are for.

BILA: I agree.

HEGSETH: But we got to move. Sorry. All right. Man fends off an attack from a mountain lion with his bare hands, that up next in the "Fastest 7".


BILA: Welcome back. It is time for the "Fastest 7". First up, shocking video showing the moment a 19-year-old Instagram influencer hurled a chair off the 45th floor of a Toronto high-rise building, crashing into traffic below.

GUTFELD: Amazing.

BILA: Thankfully no one was injured. The woman is now facing multiple charges, including mischief and endangering life, Greg outraged?

GUTFELD: I just watched this and my blood boils and we're doing it on my show tomorrow, it's been so mad. It's - how can luck weigh on your punishment? If the chair had killed people, it would change the sentence, right?

PERINO: Right.

GUTFELD: But nobody got hurt. So she will probably get off with a slap on the wrist.

PERINO: Right.

GUTFELD: That ticks me off.

BILA: Dana, what do you think?

PERINO: Well - yes, and I also think Instagram - they should shut it down, right? Like, they should - Instagram should call the cops on her.

BILA: A $2,000 bail on this? That doesn't seem like enough?

HEGSETH: No, probably not. But it also strikes me as a type of foolish thing I may have done when I was 9.

BILA: No way.


HEGSETH: I didn't do that. And I didn't have Instagram. But when you're 19, you're foolish, you have friends, you could dare--

GUTFELD: I hear you. They should throw the chair at her.

PERINO: No, served your country. You care about the human condition. You wouldn't have done that.

HEGSETH: This was before I served my country.

PERINO: No, it's in your heart. Honestly.

HEGSETH: Because my heart would not have wanted--

BILA: She is trying to so actually defend--

HEGSETH: --I didn't want to hurt anybody.

GUTFELD: I know what you're saying. You're saying her brain isn't fully formed, because she is teenager.

HEGSETH: Yes, foolishness lives in the hearts of kids. It's dumb.

WILLIAMS: Dana, you don't have to defend Pete. He is a good man. As he is no Donald Trump, you don't have to defend him.


HEGSETH: What do you mean?

WILLIAMS: I will tell you what I think. This is so interesting that, in fact, what the police said, this was the highest reported case on social media ever. So it was the social media--

GUTFELD: --because they caught her.

WILLIAMS: Yes. But I can't believe that she's only charged with mischief, endangering life, mischief, damaging property and common nuisance. You got to send a signal to the rest of the people that this - you can't do this.

GUTFELD: So get the chair?

BILA: I think you do a lot of stuff - you do lot of dumb stuff at 19, but if it was on a highway - I mean, highway--

HEGSETH: That's crazy. Super dumb.

BILA: All right. We got other one. This one is crazy. A man says he survived a mountain lion attack by killing it with his bare hands. Travis Kauffman was out for a run last week when he came face-to-face with the fierce feline.


TRAVIS KAUFFMAN, MOUNTAIN LION SURVIVOR: There was a point where I was concerned that I wasn't going to make it out of it. I knew with two pretty good blows to the back of the head that it didn't release, that I was probably had to do something a little more drastic. And I was able to kind of shift my weight and get a foot on its neck.


BILA: All right. I definitely would not have survived. I would have been, like, "oh, come here my baby". But you, of all the people I know, this would have been you?

HEGSETH: Well, I would have - I've rehearsed it in my brain.


HEGSETH: Like what would I do in that moment? You let him get a little clamp right here. You're going to take it in the arm and--

GUTFELD: Then he dies, because you haven't washed your hands in 20 years.

HEGSETH: Well, that too, because I give him the germs that are all over my body.

BILA: Yes.

HEGSETH: But that's part of the approach, that's part of why I do it.

PERINO: Then its--

HEGSETH: Good on this guy, you're ready to go. Thank you, Greg.


HEGSETH: Someone else take it.

BILA: And he didn't run, which they say - a wildlife expert was like, "If you run, it activates their predatorial instinct.

GUTFELD: Jedediah, this is why I don't hike without my own mountain lion. I have a permit to leash, believe it or not. I think I have a picture of me hiking with my mountain lion. Yes, I had that done. So when I jog in the hills I always have a mountain lion with me.

PERINO: --jog in the hills.


PERINO: --it's not a bad idea.

BILA: Dana, would you survive?

HEGSETH: Have you ever jogged in the hills?


PERINO: No, I probably wouldn't have survived. But I'd like to know that you could.

BILA: Yes, yes. That's true.

WILLIAMS: You know what? This is the story of the week. I think this is - we should have been covering. But the thing was he didn't come forward earlier, so we couldn't see him. His name is Travis Kaufman. So I was interested all along, because I think can I - could I have done it?

I wanted to know his weight, because initially they said the lion was 80 pounds. But now they say it was 40 pounds. He's only 150. He's nowhere as big as President Trump.

GUTFELD: I heard the lion yell, this is mountain lion country.

WILLIAMS: This is mountain - he had a MAGA hat on, didn't he?


BILA: But that's why I'm--

WILLIAMS: But the great thing was--

BILA: Guys, guys, guys--

WILLIAMS: That he has chocked him.


WILLIAMS: I just think that's wondering.

BILA: We got one more. The next one comes from the worse commuter ever.


BILA: A crowded New Jersey transit commuter train got chaotic after one woman refused to take her bag off the seat. One eyewitness is saying, people were irritated with her inability to act like a normal person. This would have enraged, Juan, I would have said something. Would you have said something to her, like get your bag off that seat?

WILLIAMS: Yes. But, I guess, I would've just moved on. I thought she was a jerk.

BILA: Yes. Pete?

HEGSETH: Kind of the same. Like, you want to think you would do the throw down all the way. And at some point you'd be like, not really worth it.


HEGSETH: But I respect the people that stay in fight all the way. There is some principle there people.

PERINO: I could have handled her like that mountain lion.

BILA: Would you--

PERINO: With one look--

BILA: Would you have said something, because then it's so rude when they do that.

PERINO: Yes, the thing is, like, sometimes you're just dealing with irrational people, so you just have to, like, get through it.

BILA: Yes, she almost got thrown off and then she left on her own.

GUTFELD: Well, she's now doing outnumbered. That's considered polite in New Jersey. I'll have you know.

HEGSETH: New Jersey is--

GUTFELD: By the way that was you Jed. I could tell, you had that you were wearing a wig. That was you that.

BILA: I wouldn't do that.

GUTFELD: That was you.

BILA: He is a terrible person. You can't trust him on it.

WILLIAMS: Don't worry, don't worry.

BILA: Don't go anywhere. "Fan Mail Friday" is coming up next. This guy man- -


GUTFELD: Oh, I love that stuff. All right. The first question from whoever - MCCOMA. What's the most expensive thing that you have broken? All right, Pete?

HEGSETH: Expensive thing that I have broken. Probably a big piece of military equipment.

GUTFELD: Yes. A plane?

HEGSETH: That was I was responsible for as the platoon leader, signed for.


HEGSETH: And we made up stories, maybe battlefield damage.

GUTFELD: Oh, my goodness.

HEGSETH: As opposed to actual damage.

GUTFELD: How did you break it?

HEGSETH: Battlefield damage.

GUTFELD: There you go.



WILLIAMS: I was thinking that - I guess my finger. I broke my finger once I got in the cab and I - the belt from the raincoat got caught outside, and when the cab took off it went zoop and it hit my finger broken. That's pretty expensive.

GUTFELD: That is a crazy injury. Jed?

BILA: I bought a beautiful piece of luggage from Italy and I had a green smoothie explosion.

GUTFELD: Same thing for the dress, I see.

BILA: Yes, that's exactly - you will get nothing somehow.

WILLIAMS: He's on you today.

BILA: It was all me. Yes, so bag no more.

GUTFELD: Green smoothie.

BILA: Happy Saint Patrick's Day you too, as I said before.


PERINO: I think it would have to be - I waited tables when I was in college and I was home for the summer and I waited - I'd closed the restaurant. I got home real late like 2 o'clock in the morning. My mom had let me borrow her Subaru and get it into the garage. I didn't hit it - I got in an accident, basically in the garage.

GUTFELD: That's funny.

PERINO: I had to go and tell my mom, but she was really nice about it.

GUTFELD: Of course, she is. She is a Perino. Most expensive thing I broke? Jessica Alba's heart - anyway--

WILLIAMS: She never recovered.

GUTFELD: No, no. Her life has been downhill ever since. Oh, this is fun, from Lisa S. When you're fed up, where do you go and what do you do? Juan? Do “The Five.”

WILLIAMS: See, I never get fed up here. I would go play sports, especially if it's competitive like. In other words, I usually don't play basketball anymore with teenagers or college players. But if you want to get aggressive, go play with those guys.

GUTFELD: Yes. Jed.

BILA: I go to the gym. But first I complain endlessly to a handful of people - my two best friends and my mother, to the point like ad nauseam.


BILA: I never get tired of complaining ever.

GUTFELD: Dana, what do you do when you're fed?

PERINO: I always feel like you never regret taking a walk.

GUTFELD: That's true, you never do. What do you take it to?

PERINO: You take it just for walk.

GUTFELD: A walk. OK. I thought you meant the cooking utensil.

PERINO: Oh, no, no. no.

WILLIAMS: But, Dana, don't tell that to Jesse to smell it.

PERINO: OK. I won't.


HEGSETH: I take to the couch with a tall glass of gin and then I take to Twitter.

PERINO: That sounds like a great idea.

BILA: Terrible.

HEGSETH: Is that a good idea?

BILA: That is not good, Pete.

HEGSETH: Well, that's what I do when I'm fed up, lot of things out there to be fed up about.

GUTFELD: I can't answer this question, because it says when you're fed up, as if there are times that you're not. I wake up fed up and I just get progressively more fed up until I go to sleep--

HEGSETH: Until “The Five.”

GUTFELD: Yes, until “The Five.” Then I let it all out. Then I walk around and I yell at complete strangers. OK. Here we go. This is from Cat R., what's your quirkiest traits? Hegseth, I think we know.

HEGSETH: That's 10 years old, then it never happens - meaning washing of my hands.

GUTFELD: Yes. Dana, quirkiest trait?

PERINO: I don't know. Help me. You guys know me better than anyone.

GUTFELD: You claim that you read articles and then you don't read them.

PERINO: I do not.

WILLIAMS: You mean, it's all been a hoax?

GUTFELD: It's all been a hoax.

WILLIAMS: You know what's crazy about this, Jesse's not here.

PERINO: I bet even Jesse didn't read the outside articles ever. I got the gist of it though.

GUTFELD: Yes, you did. That's all that matters. Juan?

WILLIAMS: I guess, I pick up pennies, and people are like, why you could do that?

PERINO: Yes, that's quirky.

GUTFELD: That is quirky. Jed.

BILA: I laugh at really bad times, like when people fall.

PERINO: Oh, yes, yes, yes.

BILA: Just really uncomfortable moment.

GUTFELD: That's not a trait. That just means you're a bad person.

BILA: That's a trait.

GUTFELD: I've said this before, my quirky trait is that I care too much.

PERINO: Yes, it's really--

GUTFELD: All right. "One More Thing", up next.


PERINO: It's time now for "One More Thing". Juan?

WILLIAMS: So ladies, what did you get for Valentine's Day? Well, if you went to Summit Trail Middle School in Kansas, you got a carnation. Look at these pictures so wonderful. Yes, three boys use their money to buy flowers for every female at the school. That included 270 schoolgirls and 70 women on the school staff.

On Valentine's Day they stood at the door and handed out a flower to every female coming in. By the way one of the boys is named Tristan Valentine. He said "We wanted to make every girl feel important and special". Way to go Romeo or should I say way to go Mr. Valentine.

PERINO: Indeed, indeed. OK. In Queso you missed it.

HEGSETH: Yes, color of your shirt.

PERINO: Chili's send me a jacket.

GUTFELD: Oh, well.

PERINO: Chili's Queso jacket.

GUTFELD: Well, pretty nice.

PERINO: OK. OK. Now it is a medium, so I've put it on earlier. It's pretty big. You have a picture there for me? Yes, there we go there. Well, there we go. Yes, take down a lower there. There we go, Skillet Queso, because Chili's was a great sport about that whole thing and now I have a jacket.

GUTFELD: You got a lot of free press out of your horrible meal.

PERINO: Theirs is much better, obviously.

GUTFELD: Yes, Chili's. Hey, I want to - let's roll some of this tape if. You think “The Five” is weird, that's what's going on in England right now. This is a talk show that's much like that - there's a (inaudible)

Anyway. This is a show that's like “The Five” and this is one of the panelists removing her shirt on the show, because as a symbolic protest against Brexit, because now everybody's stripping as a protest against Brexit. So you want to find out more of this.

We're going to talk about this on "The Greg Gutfeld Show" tomorrow night 10:00 p.m. I've got Mark Steyn, I got Debra Soh - I love her name, should've been a surgeon - you know, Dr. Soh. Kat Timpf, and of course, Tyrus, 10:00 p.m. tomorrow night, it's going to be great.

PERINO: It will be great. Jedidiah.

BILA: All right. You know how some people spend outrageous cash on some things, well Drake - musician rapper Drake has taken it to a new level. Commissioned a $400,000 diamond-encrusted iPhone case, 18 karat white gold, dotted with blue diamonds and topped with an owl logo that has diamonds for eyes.

Now he's worth about a $100 million, so maybe 400k wasn't too much. But I don't know, I drop my phone in a lot of places and need to be able to clean it with hand sanitizer, which may not be


HEGSETH: You know, that's the same price as a New York City studio and it's larger.


BILA: And also I'm hosting Fox & Friends this weekend with some crazy guy named Pete, so.

HEGSETH: Yes. And it's your love of hand sanitizer that got me in trouble.

BILA: That's right.

GUTFELD: Hand sanitizers, don't drink it.

HEGSETH: --only in small doses. Now we haven't talked enough about Russia on this show today. So check out this dash cam video from Russia. Guys just driving along a shady street when a massive sinkhole - not shady like shady tree shady, Greg - and boom - down into a sinkhole like that out of nowhere.

Now, my question is why does all these dash cam video come out of Russia? Now there's some fact. The break room kind of checked this sort of fact check, Russians are notoriously bad drivers, I'm told.

GUTFELD: Not true.

HEGSETH: That's what I'm told. The number of roads fatalities--

GUTFELD: You know they got to drive in the worst weather--

HEGSETH: --they double U.S. fatalities. Also insurance fraud is rampant in Russia, so a lot of people have dash cam cameras.

GUTFELD: I don't trust any of your facts.

HEGSETH: These are not facts.

GUTFELD: You don't even believe in germs.

HEGSETH: These are things that I was told may be coming out of break room, maybe. OK. I will happily push them as facts.

PERINO: All right. Do we have - Greg, do we have one more Instagram question, from our Facebook since we have a little extra time.

GUTFELD: Yes. What's your favorite unsolved mystery?

PERINO: Aliens Roswell, New Mexico.

GUTFELD: And we know Pete's germs.


WILLIAMS: How about that guy - the guy who was flying over Tacoma, Washington with all the money and we know what happened--

GUTFELD: D.B. Cooper.


PERINO: Anything from you?

BILA: I don't have one. I'd rather.

PERINO: I also want to know why the dinosaurs went extinct, although people tell me that we actually have an alien (ph). Whatever. All right, that's it for us. Have a great weekend everybody. See you back here on Monday.

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