Lockdown lifted after Capitol Hill car chase, shooting

This is a rush transcript from "The Five," October 3, 2013. This copy may not be in its final form and may be updated.

KIMBERLY GUILFOYLE, CO-HOST: I'm Kimberly Guilfoyle.

And a major scare on Capitol Hill this afternoon. It started after a female driver tried to ram a gate near the White House. She was then pursued by law enforcement and shots started flying.

We're expecting an update from law enforcement very soon. While we're waiting, let's go to FOX's Carl Cameron who is near the crime scene -- Carl.

CARL CAMERON, FOX NEWS CORRESPONDENT: Hi, Kimberly. If you look down the street, we're on the east side of the Capitol. That is where this afternoon's wild chase was seen through the streets of the nation's capital ultimately.

It began shortly around -- right around 2:00 this afternoon at the corner of Fifteenth and Pennsylvania Avenue. Pennsylvania Avenue, the famous street that runs between Capitol and the White House -- right there the White House is where it began, when a woman driving her black Infiniti apparently refused the instructions of Secret Service and law enforcement at the site and began ramping one of these stanchions that emerges from the street in order to keep traffic from passing on certain thoroughfares in Washington, D.C., as a matter of security.

She then bolted the area and a chase ensued. It wasn't long after that that she was in front of the capitol, on the west front looking down the mall where there's a traffic circle. And she was pulled off, essentially forced off the road by law enforcement vehicles. And, briefly, they circled the car, pointed guns at car, ordered her to get out. One law enforcement official apparently was either hit by the car or in some way injured during that part of this entire episode.

And the woman managed to elude the law officials, get away from Garfield Circle and ran back Pennsylvania and Constitution, towards the rear of the Capitol where she was surrounded again, forced off the road right in front of the Hart Senate Office Building, again encircled by police officers. Witnesses say they heard multiple shots, as many as ten, a number of them are so close that they could actually smell the gun smoke from the weapons. And the woman somehow was ultimately shot and died at local MedStar Hospital.

After the incident we're told, a young child, perhaps as young as 3 years old, but certainly under five, was then removed from the vehicle by law enforcement officials, apparently not injured and is secured somewhere, we assume in custody. But the woman has since passed away.

And the law enforcement official injured in one of the car accidents during the early part is not facing life threatening injuries, although he was medevaced to a local hospital afterwards.

And now the question of motive, whether the woman was armed. She was apparently described as a shooter at one point. We don't have that confirm at this point. We are awaiting yet another law enforcement briefing that will come up at 6:00 this evening.

But suffice to say tonight, where there was a shelter in place order being broadcast from loud speakers across the Capitol grounds, echoing through you the buildings because the area was evacuated and empty of people after the law enforcement took over the crime scene, that's now been released.

People were getting back to work here on day three of a government shutdown. Law enforcement rose to the occasion. No civilians were injured in this. Life has been lost. A police injured.

But it seems as though this is an isolated incident. Law enforcement is saying this is effectively over now. Then the question is, why did this happen?

GUILFOYLE: All right. Thanks, Carl.

Let's go to Peter Doocy who's also at the crime scene and spoke to eyewitnesses -- Peter.

PETER DOOCY, FOX NEWS CORRESPONDENT: And, Kimberly, Carl is on the east side of the Capitol. I'm on the west side, where if f you look at the intersection behind me, just past the police tape, you can see there are some evidence markers, maybe half a dozen of them. And then about a hundred feet further up the road, there's a severely damaged Capitol Police cruiser. We don't know what cause had the accident. We don't know the status of the officer who was driving it. But you can see that they have not brought in a tow truck yet. They have instead though been taking a lot of photographs.

And something that we saw when we initially got to this part of the Capitol near the crime scene, was a big crowd on the sidewalk. And as police were pulling up the police tape, officers were going into the crowd talking to some tourists who had seen most or at least part of what happened. They were taking them away from us and away from friends over closer to a more secure area to get their side of the story. We then saw some tourists telling their story to police in a secure area.

And what's interesting is that some of the most dramatic witness testimony basically that we've heard about what happened today came from people who were on the roof of the museum, which during the government shutdown this is one of the only museums in Washington still open. We heard that many people saw this black Infiniti driving very, very fast up you the street and police were in hot pursuit.

It was at that point, some folks we talked to from the roof of the museum saw the cars move out of frame. They heard short bursts of gunfire. Carl and myself arrived just a few minutes after that gunfire would have been.

It was a dramatic, very scary scene, because as he kind of described, when we got over there, they were broadcasting, the Capitol Police were broadcasting through you the air outside for everyone to shelter in place. And the streets were almost completely deserted except for a few law enforcement, different agencies, fire trucks, police cars and SWAT speeding toward the scene.

But also, there were officers heavily armed were approaching me on the street corner as I was basically trying to figure out what was going on. They said, "You are not safe here. You have to go." But there was really nowhere to go. The buildings were locked down. We were huddled up on the corner near the Dirksen Senate Office Building.

We were talking to folks who were hearing conflicting reports about what was going on. We know everybody who was inside the building was locked down.

So from that lock down, the shelter in place was you lifted just a few -- I don't know exactly how long. We know now as Carl kind of gave the nuts and bolts what exactly happened.

GUILFOYLE: All right. Thanks, Peter.

Let's go now to FOX News chief White House correspondent Ed Henry who was standing by -- Ed.

ED HENRY, FOX NEWS CHIEF WHITE HOUSE CORRESPONDENT: Kimberly, good to see you.

The bottom line that all of this started here at the White House, a couple of blocks from where I am, because it was not too close to the actual gates. It was around the security perimeter, at 15th and Pennsylvania Avenue, northwest.

What we're told happened, according to the Secret Service official, is that this black sedan showed up and basically tried to get through, you know, the security -- one of the security barriers that prevents people from driving up towards the White House gates, towards the lawns, et cetera. And I'm told by the Secret Service official that this black sedan smacked into a bollard, that's one of the steel barriers that comes out of the ground prevents cars and trucks, built after the Oklahoma City bombing in 1995 to prevent car bombs, truck bombs from pulling up near the White House. Of course, that's when vehicular traffic on Pennsylvania, running past the White House.

I'm told by the Secret Service official after the car was you stopped, there was an argument back and forth. And then the car peeled out and presumably the same suspect that wound up in the Capitol area, the Secret Service uniform division went on hot pursuit of her. She went down Pennsylvania, I'm told, from 15th Street, drive down towards the Capitol, he was eventually stopped at about 2nd and Constitution Avenue northwest, as you heard from Carl as well as Peter.

Bottom line here is, the president was here at the White House along with his senior staff, obviously dealing with the government shutdown, other budget matters. But he was never really in danger. They did briefly shut down the little area out here on Pennsylvania Avenue outside the gates to any pedestrian traffic, as they just sort of got a handle on the situation, made sure there weren't copy cats.

You remember a couple of weeks ago, when there was that Navy Yard shooting, there were someone who decided to come over here and throw fireworks over the gate at the White House, things got shutdown. There was a lot of scared reactions and whatnot. But in the end, it was all clear.

Same here tonight, out of an abundance of caution, they sort of shut down the pedestrian traffic a brief time an hour or so. But now, it's back to normal, Kimberly.

GUILFOYLE: All right. More with Ed Henry in a moment. We'll talk about the latest political developments on the shutdown. Stay with us.

(COMMERCIAL BREAK)

DANA PERINO, CO-HOST: This is a FOX News alert. We're keeping a close eye on the situation right now on Capitol Hill in Washington, D.C.

But right now, we're going to talk about day three of the government shutdown, and the little progress that has been made after meeting with congressional leaders last night, it was fruitless. President Obama then was back out today, of course, blaming Republicans for the shutdown.

(BEGIN VIDEO CLIP)

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: I said this before. I'm going to repeat it. There will be no negotiations over this. The American people are not pawns in some political game.

(APPLAUSE)

You don't get to demand some ransom in exchange for keeping the government running. You don't get to demand ransom in exchange for keeping the economy running. You don't get to demand ransom for doing your most basic job.

(END VIDEO CLIP)

PERINO: All right. So, welcome back from that sound bite.

(LAUGHTER)

PERINO: Very smooth opening to our show today.

OK. We kept Ed Henry. He's at the White House today.

Could you catch us up, Ed, on what in the world is going on because I think I've lost track since last night when they both came out, both sides Republicans and Democrats, left the White House after what was a fairly long meeting and said no deal.

HENRY: Yes.

PERINO: So, where are we now?

HENRY: It was an over an hour meeting. You've been in the White House before, Dana. And, you know, in these situations, sometimes, the congressional leaders come over, each side states their positions. And after 10 to 15 minutes, they leave with no deal. In this case, they stayed for over an hour.

It's suggested that they were going back and forth at least a little bit.

But you're right. Speaker Boehner came out, basically said, I'm not budging, the president's health care law needs to be changed, needs to be part of these negotiations.

Then, Harry Reid and Nancy Pelosi came out from the Democratic side and said much of the same. In the words of Harry Reid, he said the president was strong, strong, strong. What does than mean? That means he was, you know, holding firm not giving an inch.

And the president today at that event in Maryland was saying that he will negotiate with anyone. But, in fact, Mitch McConnell who was also in the room last night says that he feels like the meeting last night was negotiation about not negotiating because the president has repeatedly said he's not going to negotiate over the debt ceiling or shutdown. He wants Republicans to go with his way and doesn't want to give concessions because he believes, as you heard in that sound bite, that they're holding them hostage.

PERINO: All right. Eric?

ERIC BOLLING, CO-HOST: Yes. So, Ed, also, I guess yesterday, there was a big lunch with some Republican senators, I think Senator Ted Cruz was there and a bunch of other Republicans senators, behind closed doors but apparently senators unhappy with Cruz came out of the meeting, leaked information to the Web site "Politico", kind of trashing Senator Cruz. Can you expand on that a little bit and she dome light on what went on?

HENRY: Yes. I talked -- yes, and I to one of the Republican senators and got some independent information from inside the room. It was the entire Senate Republican caucus. I'm told a lot of Republican senators basically ganged up on Mike Lee from Utah, as well as Ted Cruz from Texas, who's been leading this effort to defund, quote-unquote, "Obamacare", et cetera.

And the reason they were angry is because there's a Web site where the two Republican senators are raising money with this petition to defund it and whatnot. But when you scroll down, it doesn't just beat up on Democratic senators who have voted to fund the health care law, it beats up on Republicans as well. And so, these are some Republicans in that room who feel like their political hides are on the line. And they're frustrated.

The Republican senator I talked in private old me that there's a feeling that Republicans in the Senate and the House as well are kind of eating their own right now. While they won't admit it publicly, that the president is getting the upper hand in this government shutdown fight. And if people like Mike Lee and Ted Cruz, in the words of this Republican senator who told me, that he believes that it's going to hand the president a big political victory here, because what I heard went on in that room was a fiery debate yesterday on Capitol Hill and basically, some of the Republicans were pressing Cruz and Lee, what's the end game here? You sort of made your point about the health care law, the president hasn't given in. If this drags on, what's next?

I was told by this one Republican senator, they didn't hear answers.

So, this is something interesting because if there's a split developing on the Republican side, that's something the president has been banking on.

PERINO: Bob?

BOB BECKEL; CO-HOST: Yes, Ed, clearly, there is a split developing. But more importantly, polls out today show that 78 percent of people who oppose Obamacare oppose shutting down the government because of it.

HENRY: Right.

BECKEL: That includes the vast majority, obviously, of Democrats, a huge number of independents and even a majority of Republican voters think it's a bad idea. I mean, what are these guys thinking? We're on the wrong side of time and history and the where the public will --

BOLLING: Is there a question here?

BECKEL: Yes, I just asked him a question.

(CROSSTALK)

HENRY: That's the sentiment I'm told in the Republican caucus not just Democratic side or your perspective, Bob, that there were more moderate Republican senators saying, what is your point? Where are we going with this?

I would say, though, some of those polls are a mixed bag for the president. We should point out both sides, which is, there's a Quinnipiac poll a couple of days ago that said similar to what you're saying, but it said that by about 49 percent to 43 percent roughly, people were against the president's health care law. So, he has an uphill battle selling that.

But you're right, that Quinnipiac poll also said something like 72 percent of those polled said that the president's health care law should not be dragged in. The government should not be shut down over it.

So, while the president has a hard job selling this health care still years later, the bottom line is Republicans may take a hit for dragging into these broader budget negotiations. That's why I think you heard frustration up on Capitol Hill behind closed doors yesterday, because these Republican senators are wondering whether Ted Cruz, Speaker Boehner and some of the House Republicans are leading them down a blind alley.

I'm not saying they are. We'll see how this plays out.

But there's a fear among Republicans in private, some of them have said it publicly, but a lot more I'm told behind closed doors that they're worried about where all this is headed.

PERINO: Greg?

GREG GUTFELD, CO-HOST: I don't really have a question, but I have a few comments that I'm going to masquerade as a question.

HENRY: Go ahead.

GUTFELD: We keep hearing the phrase behind closed doors.

HENRY: Yes.

GUTFELD: And behind closed doors, we're hearing all of the truth.

So, it would you make sense to me that the solution, we should have started behind closed doors. And in that way we would have avoided politicians using the media as a blow horn or a bull horn to get out their opinions so they aren't talking to each other. They're talking -- using us to talk to adversaries rather than starting behind closed doors, we wouldn't have had this issue.

Also, I do actually have a question. The government shutdown cost $40 million to $80 million a day.

HENRY: Yes.

GUTFELD: So, how can -- when you're not spending, when you're actually spending less, you end up spending more? How can the government turn a reduction into an expansion?

HENRY: Well, part of it is because, as you hear the caveat, that it's a partial government shutdown. There's obviously still some government functions that are moving forward. I mean, there are Secret Service plain clothes officers who responded to this incident at the White House and over at the Capitol today.

And I've been told by a Secret Service official privately that the officer responded has been affected by furloughs. He's on the job but he's not being paid yet. So, there are people on the job potentially spending money, putting gas in the police cruisers. The government is still spending money.

But, you know, it's kind of a mixed up jumbo right now. You see what's going on, some memorials -- you know, all the memorials are supposed to be closed. But then the Department of Interior, yesterday, because of the dispute at the World War II Memorial, made special accommodations so World War II veterans can go in there.

So, then you have to have park police officers and others there to help them, to make sure they're safe, to protect the memorial et cetera.

So, money is still being spent. And that's why I think there's some Republicans, who I mentioned, are privately saying, look, we're still spending this money anyway, what is our end game?

And that's why some are saying, maybe a grand bargain would come back. That maybe instead of small ball fighting back and forth, maybe a grander deal on real entitlement reform, real Medicare cuts that Republicans want, and then maybe some tax changes that Democrats and Republicans both say they want could be on the table to get us out of this mess.

GUILFOYLE: Ed, hi, it's Kimberly.

HENRY: Good to see you.

GUILFOYLE: So, there's some indication that the public is growing tired of both sides. They're not just blaming the Republicans for this. They find that the Democrats are partially responsible for this stalemate in the negotiations.

How is the White House reacting to that and some of the new internal polling that they're getting?

HENRY: Well, they still believe inside the White House that the president has the upper hand, because they believe, as you heard in the president's rhetoric today where he's really pouring it on, at one point saying, quote, "You don't negotiate by putting a gun to the other person's head, or worse yet by putting a gun to the American people's head by threatening a shutdown." He's pouring it on not just about the shutdown, but about this other big date on the calendar we have got to pay attention to, October 17th when the treasury secretary says we'll run out of our borrowing authority.

The sense in Washington right now is that the shutdown thing is almost small compared to what's going to happen with the debate over the default. And that these two deadlines, October 1st, which was already passed obviously, and October 17th are going to merge. And the real debate is going to be had in the days running up to October 17th. That's when some sort of deal has to come forward.

The shutdown likely to continue for a few more days and seems likely to cancel President Obama's trip to Asia. It seems hard to believe he'd leave the country.

And, by the way, I'll give you a little tease. I'm probably not supposed to talk about yet, but we're releasing new poll numbers at the top, 6:00 p.m. Eastern time with Bret Baier. And there's some interesting new numbers about who's going to get the blame on all of this. And I think it's a little surprising.

BOLLING: Why don't we release them at 5:30? I'm trying to figure that out myself.

HENRY: I'm going to talk to somebody about that.

PERINO: Greg, you wanted to make a point?

GUTFELD: Ed, just on a related comment about behind closed doors, now we're hearing the phrase grand bargain. So, if it's so grand, why didn't they start with the grand bargain to begin with? Right now, a grand bargain is a one way ticket to Thailand.

HENRY: Is it a grand? Is it a bargain? It might not --

GUTFELD: Why is it not -- why didn't we just start with the grand bargain?

(CROSSTALK)

HENRY: Well, look, from the president's perspective, he would tell you that he tried to have a bargain at the beginning of this back in 2011, back 2012 when we had the fiscal cliff thing in December 2012. You'll remember, in fairness, Boehner walked away from the table a couple of times.

Now, he has his reasons. He says the president changed the numbers. The president changed what the taxes were. Nobody is innocent in all of this.

But the president did put a big budget deal on the table as recently as December 2012. John Boehner walked away. And so, look, maybe we -- finally, the stars will finally align. Maybe there's such a mess, you ask why is the grand bargain coming back? Let's forget that phrase, it's a dumb phrase.

A big budget deal. Could a big budget deal finally come out of the ashes, the wreckage of this small ball that's back and forth? Maybe, because number one, you have a president who wants to get all this past him because he's looking at lame duck status. He can't get anything done right now. So, he has incentive to get a deal.

And you have a speaker in John Boehner who looks like he's got his back against the wall, has no way out of all of this. It looks like he's got Ted Cruz and others calling the shots. Maybe now he finally has incentive to come to the table and get a big budget deal instead of one of these small ball ones.

PERINO: All right. We're going to -- I'm going to end it here because I don't know what's going on back over here on the table. We're going to find out in commercial break.

Directly ahead: day three of the shutdown means third day of unbalanced coverage from some folks in the mainstream media. Eric has been watching. And the worst defenders are up when we come back.

(COMMERCIAL BREAK)

BOLLING: So here we are day three as shut-nado rolls on. Yesterday, we showed you mainstream media, the bias with Matt Lauer and Bob Schieffer happily carrying water for President O. Today, check out the circus over at MSNBC. First clown special Ed Schultz blaming FOX News for the glitches in Obamacare.

GUILFOYLE: Oh my God.

(BEGIN VIDEO CLIP)

ED SCHULTZ, MSNBC: There are no glitches. There are no glitches. If you opened up a restaurant and couldn't feed anybody because there were too many people that got in early and you just couldn't handle the line, do you think the manager of the restaurant is going to go back and chew out the staff because the response was overwhelming? I think they'd probably call that a good night at the office. But, of course, FOX News and Republicans, they call that a glitch.

(END VIDEO CLIP)

BOLLING: No, Eddie, FOX News didn't make it up. Your man himself, Barack Obama, claimed there were glitches. We report, you decide.

(BEGIN VIDEO CLIP)

OBAMA: There are going to be some glitches in the sign up process.

Just a couple of weeks ago, Apple rolled out a new mobile operating system. And within days, they found a glitch, so they fixed it.

(END VIDEO CLIP)

BOLLING: Go ahead, Greg. Have at it.

GUTFELD: I love Ed Schultz. He's a human glitch. His metaphor is off.

It's not a restaurant with too many diners. It's a restaurant that forgot to hire the waiters, forgot to buy the food, and forgot to unlock the doors. They're a state that did not actually sign, nobody signed up. By the way, a glitch -- try to explain to people when your premiums for almost all young people go up, that's not a glitch. It rhymes with it, but it's not a glitch.

BOLLING: Ooh, is it a B?

GUTFELD: I wouldn't know.

GUILFOYLE: That was with a B.

(CROSSTALK)

BOLLING: Your thoughts, Kimberly, on Ed.

GUILFOYLE: He just looked ridiculous, as if he has not prepared at all. He didn't watch any of the news. He didn't listen to, you know, the one that he worships.

PERINO: Or watch their own network.

GUILFOYLE: And pay attention. Well, I don't blame him for not watching. He should watch here and then actually see what the real news is, so he would do better with his audience.

But basically, this is buffoonery. It's buffoonery, because he's making a point that's totally untrue and false.

That's the president saying there's glitches. Guess what? Because there are. It doesn't work. We at least knew that. We tried to warn people. And now, they don't care that you're going to push ahead.

BOLLING: Robert?

BECKEL: Well, this is a glitch in and of itself.

BOLLING: What (INAUDIBLE).

BECKEL: But the whole -- no, the thing -- well, you're a glitch sometimes. But that's all right.

Look, this is a huge national roll out. Of course, there's going to be some glitches. There were glitches when they brought out Social Security, when they brought out Medicare. What's the big deal?

I mean, we keep -- you know, the difference is, you talk about glitches, you say there's a reason you shouldn't have the Affordable Care Act --

BOLLING: Can you stay on topic? The topic is Ed Schultz saying there are no glitches when President Barack Obama himself said there are glitches.

(CROSSTALK)

BOLLING: The liberal and mainstream media carrying water for President Barack Obama.

BECKEL: I don't understand that topic.

PERINO: Bob's point is better than what Ed Schultz is making. Your point is better to defend President Barack Obama and Obamacare and the rollout, which yes, I agree there's going to be problems. They've got a lot of problems. I don't know when they'll -- how quickly they'll be able to solve them and if people will just get frustrated.

The bigger problem is sticker shock people are finding. So, there's going to be upsides for people with Obamacare, yes. Some people who didn't have insurance they can go on, maybe miracles and people that said, oh my gosh, premiums went down.

That's not happening in most of America, 70 percent increase, 83 percent increase, 292 percent increase. That kind of sticker shock is leading people to be more frustrated with the glitches. They think the whole thing is bad.

BOLLING: Speaking of miracles, it's a miracle this man is on TV. For the next act, backup clown Martin Bashir preemptively blaming Republicans for playing the race card before they play the card. Martin Bashir, the dog whistle blowing loud and clear.

(BEGIN VIDEO CLIP)

MARTIN BASHIR, MSNBC: How long before the president is called an angry black man because he said he is exasperated?

(CROSSTALK)

BASHIR: It's not going to be long, is it? It's not going to be long, is it?

(END VIDEO CLIP)

PERINO: Who was that?

GUILFOYLE: That's ridiculous.

BOLLING: Martin Bashir.

GUTFELD: Can I just say, he gives -- Martin Bashir gives racist a bad name, but he is a racist. He's what you call a secret racist and that he can't help but project his own racism on other people.

And it's embarrassing for him because I don't think, I think he's engaged in false consciousness. He's not aware of how racist he really is. He really needs I guess a racist intervention, somebody tell him, hey Martin, you're a bigot.

(CROSSTALK)

GUILFOYLE: He just did.

BOLLING: Bob, you can't defend that.

BECKEL: I don't defend that at all. I mean, I don't think it's ever going to get to the point of him being angry anything. I mean, he's angry with the way opponents have dealt with it. Bringing black into this is ridiculous.

I do think that the points made against Obamacare by the Republicans and by you, and a lot of other people on the right have sunk in with the American people. They don't have a clue that's going on with the Affordable Care Act. Witnesses on the street yesterday, you said which do you like Affordable Care Act or Obamacare? Affordable Care Act, Affordable Care Act.

GUTFELD: Kimmel.

BECKEL: And I continue to say and maybe I pay for this myself, you put Affordable Care Act on a poll and it will be overwhelmingly positive.

BOLLING: OK, Kimberly, what about the left media, MSNBC carrying water for the president?

GUILFOYLE: I just think it's sad. I mean, it's silly. I mean, it demeans them to be honest with you. I think I would be embarrassed to sit there and say the type of the things that they're saying. I mean, how bad are they desperate to get ratings and to be provocative? It just makes them look --

GUTFELD: They're not desperate for ratings because they aren't getting them. So --

GUILFOYLE: Well, they're trying. They're failing.

BOLLING: What about it, Dana, I guess when you're a liberal and watching this, do you buy into that? It's so blatant.

PERINO: I think there's a segment of the left that's very organized. I have been the recipient of their lovely tweets over this past week over something, of saying that I was so insensitive because when we brought the 150 languages thing the other.

They're very organized. They don't have their facts straight. And that is where the difference is. I was mentioning yesterday the mainstream media reports. If you look at reports supporting President Barack Obama it's not in line with what Americans are seeing the reporting they think about Obamacare.

(CROSSTALK)

GUTFELD: Little O'Reilly.

GUILFOYLE: There's Megyn.

GUTFELD: Finally, I'm tall.

(CROSSTALK)

PERINO: I don't know what people --

BOLLING: Hey, Sean. All right. Can we go?

GUTFELD: Can I make one more point? Where are the celebrities that were busy pushing Obamacare? Obamacare to them is like a motion picture. They promote it but never go see it themselves.

BECKEL: Can I just make one point? The organized left that Dana has talked about is right and it is equivalent to Tea Party on the right. They control a lot of pressure to a lot of people. Most liberals, most people on the left do not agree there's a race card played or anything else.

GUILFOYLE: They're so whiny and they cry wolf all the time.

(CROSSTALK)

GUILFOYLE: Yes, they are. And they want to beat up Dana and Greg.

BECKEL: You don't think the Tea Party is whiny?

GUILFOYLE: They don't have a sense of humor. They take themselves so seriously.

(CROSSTALK)

GUILFOYLE: Hold on. Greg made a joke about Kling-on having a language. And now, it's like, oh, everything is the end of the world. Give me a break.

BOLLING: Eighty representatives in Congress were elected because of the Tea Party, 80, Bob.

BECKEL: Eighty because of the Tea Party?

PERINO: In 2010.

GUILFOYLE: And, by the way, wait for the reckoning after this, with the seats the Democrats have to defend. The RNC is smart. They're going to be ad --

(CROSSTALK)

PERINO: I don't know, Kimberly. Democrats had their best fundraising week in history this week. We all have to face some facts.

GUILFOYLE: Run some ads in Louisiana. No one sign up there.

BOLLING: Let's roll dude. So, we're going to roll.

Straight ahead, cue the violins, the Boston marathon bombers not happy with life in prison. Jihad Dzhokhar wants more freedom. Greg has the details when we come back.

(COMMERCIAL BREAK)

GUTFELD: The lawyer for the Boston bomber is asking the judge to lift harsh restrictions placed on the tussle haired terrorist.

The primary complaint: very limited access to the outdoors. Apparently the little wuss is confined to a cell, except for legal visits with limited access to a small outdoor area, i.e., like every other young schmuck living in New York City.

But I agree, just because you're accused of blowing up innocent people shouldn't mean you can't have a little sunshine in your life. But as you know, with freedom comes vulnerability. Vulnerability all citizens have are saddled with in noted democracies, and especially like events like the Boston marathon. And it's in this vulnerability that is used to the advantage of terrorist.

So, I agree that as a U.S. citizen, the Boston bomber should enjoy the same free freedoms as we do, meaning fresh air and scenery, but the same liabilities. For an old revolutionary once said, "Those who surrender freedom for security will not have, nor do they deserve either one."

So, I say let him out, a field trip perhaps to the graves of victims, or to the classroom where the youngest victim once sat. I will spring for the bus fair. Go Greyhound and, please leave the driving to us.

Dana, you made a really good point in the commercial.

PERINO: Shocking.

GUTFELD: Shocking. Boston is ancient history.

PERINO: No one talks about it. No one asks about it. No one says that there was this domestic terrorist attack on our soil.

What lesson did we learn from it? Why didn't we catch it beforehand? What's the intel? What's the intel failure?

It's like it never happened.

GUTFELD: It's our fault.

PERINO: I have an idea.

GUTFELD: We move on.

PERINO: I think he should be allowed to be outside. And they should get a treadmill and start it. He hurt the victims who are running the marathon, and they turn that sucker up so fast and make him run and all of a sudden stop it. Make it do it over and over all day long.

GUTFELD: Well, that's an interesting twerker.

BECKEL: You know, you should be in charge of interrogations.

PERINO: I would have been good.

(CROSSTALK)

PERINO: Don't you see what I mean?

GUILFOYLE: Yes. That's a good idea.

BOLLING: Or put the treadmill by a chain link fence that he has access.

Can I point something out? Because he's a U.S. citizen, born here -- has citizenship, Judge Napolitano always deferred to him. He points out if you treat him differently just because you don't like what he did, you know, he's a terrorist or whatever. He still is a U.S. citizen, if you treat him differently you risk a judgment --

GUILFOYLE: Right, he could get something reversed on appeal. So, of course, he has to have the same rights and privileges of any person who's granted U.S. citizenship. But so what? He doesn't need to be special, rays of sunshine everyday.

I don't think what they're doing is illegal or against him.

BOLLING: They're separating him from the population and with no --

GUILFOYLE: Guess what? That's legal. That's legal.

So, he's in segregation because there's safety concerns. They're more than able to do that legally. There's not a violation of his rights at least that I've been able to find on the record.

So, I don't feel sorry for him because he's young. He's a terrorist and he's murderer and stop jail (ph) and held --

GUTFELD: You know what's disturbing about the article today that I read. And, Eric, you can answer this. I'm interested if he's allowed to read this stuff. He receives thousands of pieces of mail every week, a lot of it favorable.

BOLLING: Favorable. Women, right?

GUILFOYLE: Yes, but he's upset because there's nobody to visit him, oh, because his terrorist brother, he ran over by his mistake trying to escape from the police. And his jihad-spouting mom fled the country. So, she's not going to visit him either. Oh, sorry.

BECKEL: I get mail and stuff from people that feel sorry for me being on the show, like they have a bunch of panties get sent? Did you not?

GUTFELD: Oh, please, Bob?

BECKEL: They did.

GUILFOYLE: Bob, quit making stuff up.

(CROSSTALK)

GUIFOYLE: Unfortunately, I get mail thanks to you Bob.

GUTFELD: I don't know if America needs to know what you get sent in the mail.

BECKEL: Can I make one point?

GUTFELD: Sure.

BECKEL: I'm sorry, I was trying to get at it.

Dana said about how this thing goes by you quickly. America people's ability to hang onto things like this, with the exception of 9/11, there probably hasn't been an event that big, at least in people's mind that they let it go.

Is anybody talking about Benghazi? Is anybody talking about Fort Hood anymore, any of these shootings in Connecticut? No. It goes by people because there's an overload of information. And American people's about to hang on to something like this doesn't last --

BOLLING: Can I point something out? We e-mailed each other about a week ago. A piece written by somebody in England talking about how these bombings are getting bigger and more people are being killed and more brazen, innocent people being killed.

And maybe it's because we get over smaller attacks and these ones that killed two or three. We get over ourselves fast so these terrorists are killing 20 -- they're walking into areas where innocent women and children are picking up food and blowing them up.

GUILFOYLE: If he doesn't like it, he can hang himself like Ariel Castro.

PERINO: Yes, that was the piece about how it's actually the radical Islamist are they're more and more coarse and evil and nobody is talking about that.

BOLLING: More and more detached.

GUTFELD: They're barbaric.

All right. Stay with us. We have more on the shutdown in Washington, next.

(COMMERCIAL BREAK)

BECKEL: Yes. Now, I've got to tell you that, you know, I sit at this table everyday and sometimes I'm outnumbered on views. Most people here lean Republican.

I myself am feeling bad for Republicans today. They have turned against one another. It's an ugly scene. It's something like a bunch of African animals eating each other.

GUTFELD: What?

BECKEL: And I know that's (INAUDIBLE) I feel badly. I wanted to ask Eric, because you've been right in the middle of the right wing conspiracy here.

Do you think the Republicans are in fact eating each other up?

BOLLING: First of all, what conspiracy? There's no conspiracy.

BECKEL: I was making fun of the right wing conspiracy.

BOLLING: Oh, I'm not sure what that means.

So, I listen to this and we talked about this all day for the last, you know, 51 minutes or so. It looks like there's a small group of people in D.C. who are shutting down the government, and that's the farthest thing from what's really going on.

People -- 80 separate congresspeople were elected to go to Congress and push back against Obamacare, on a president that they perceive, people perceive as being way too far left for republic.

They went to Washington, they said they're going to push back by all means necessary. They were elected with 65 percent of the vote in their districts. People sent them to D.C. to do exactly what they're doing.

The system isn't broken. The system is working exactly the way it's supposed to work. You don't like the system. It's been around for 237 years, then change it.

BECKEL: Dana, let me ask you a question -- how do you justify that with, even people who opposed Obamacare, even Republicans saying shutting the government down is not the way to do it?

PERINO: Well, Eric's point is what the White House is arguing as well, which is, this is our system. This is our system of government. This law passed. This is the law of the land. So, therefore, either try to work it out, but you can't shut down the government because of it. They're trying to make the same argument.

Here's the problem I think that the Republicans have. It's a little algebra equation I just wrote down. Principles and passion minus strategy equals policy and legislative failure.

And Democrats this week have had the highest fund raising week ever. Republicans are actually starting -- I don't want to say eat their own, but the competitive pressures are going to be great.

I still think the Senate is winnable by Republicans in 2014 if they can turn this chaos to opportunity. But it hangs in the balance right now.

GUILFOYLE: I think they can turn it into an opportunity, like I mentioned, in states like Louisiana where nobody is signing up for Obamacare, so capitalize in places like that where there's vulnerability --

PERINO: And make Senator Mary Landrieu vote on it.

GUILFOYLE: Well, fine, yes.

PERINO: Republicans should be fighting against Democrats and force those red state Democrats, especially in really tough districts, they have to vote on it and run against it in their campaigns. Then, that's how the Republicans could win.

GUILFOYLE: They should resonate that message with the people because they're standing on principle of what they believe is best for the country and American people. And so, in that sense, they're doing the job that we paid them to do.

BECKEL: No, they're not doing the job we paid them to do.

GUILFOYLE: Yes, they are doing the job that we paid to them. They're supposed to have a voice to stand up for what they believe in.

(CROSSTALK)

GUILFOYLE: Well, they do, Bob.

BECKEL: What do you think?

GUTFELD: Well, I think there's something to be said. Republicans are the only party that engages in meiosis, the cell that divides itself in order to achieve something. I don't know if it's successful. But the myth here is that the government is shutdown. It's not shut down.

This is a fantasy. The false notion that spigot is off. There are a hundred spigots going at the same time and we turned two slightly down.

America is making less than it did, what, 15 or 20 years ago. Time for government to feel the same pay Americans feel every single day. So, stop whining about a partial shutdown.

GUILFOYLE: Make some cuts.

(CROSSTALK)

GUILFOYLE: If you eat, you might have to do the Heimlich maneuver again.

BECKEL: You know something about. "One More Thing" is up next!

GUILFOYLE: You know what? I almost wrote on my dress because I have a pen like that.

BECKEL: OK.

What was --

BECKEL: You said there were less.

PERINO: You didn't see the graphic.

(COMMERCIAL BREAK)

GUILFOYLE: Funny times. Time for "One More Thing. We begin with Mr. Gutfeld.

GUTFELD: This is President Barack Obama making an analogy about the evil government shut down.

(BEGIN VIDEO CLIP)

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: If you're working here and in the middle of the day you stopped and said, you know what, I want to get something. I don't know exactly what I'm going to get, but I'm going to stop working until I get something. I'm going to shut down the whole plant until I get something.

UNIDENTIFIED MALE: You'd get fired.

OBAMA: You'd get fired.

(END VIDEO CLIP)

GUTFELD: So, he's against strikes. Who knew? All the people that supported him, he was against them. Hooray!

GUILFOYLE: Who knew?

All right. Bolling?

BOLLING: OK. So earlier I pointed out that government is working exactly the way it's supposed to, because in Article I, sections 1, 2, 3 of the Constitution, this is the first thing the Founding Fathers wrote. They outlined, the House of Representatives were the population and they hold the purse string. Senators were elected two per states so the smallest states had representation as well.

But again, if they don't agree, they have to work out differences. And they have for 237 years.

GUILFOYLE: All right. Dana, follow that.

PERINO: That's a good point.

OK. Do you have eye posture? This is a thing reported in the daily mail. I have this problem. This is where you're hunched over looking at your iPhone. You talk about torque neck at point.

Well, now, people are reporting major backpain because of using these iPhones and your BlackBerrys and tablets.

Young people spend nine hours a day on machines hunched like that. Older generations six and a half, and that's why I have a new perfume called Icy Hot. Doesn't smell that good but --

GUILFOYLE: Maybe Bob needs to put that on his rash that he has.

OK, I want to call -- (INAUDIBLE) it's really gross.

I want to call your attention on a provocative new film and it's by writer, director and actor Matt Johnson. A standout performance this film, and it's getting a lot of critical acclaim. It's about bullying and it talks about gun violence as well.

It's won a bunch of awards. I encourage you to take a look at www.dirtythemovie.com. It's also directed by Kevin Smith, who was the director from "Clerks" and "Mallrats". Check it out.

GUTFELD: I bet that has ideology, doesn't it?

GUILFOYLE: You're going to have to watch it.

GUTFELD: No, I don't have to watch it.

BECKEL: I'm not going to get one more thing in today. So, who's taking us out of here?

PERINO: Jasper.

GUILFOYLE: Look at Bolling, so happy.

That's it for us "Five." Thanks for watching. See you tomorrow.

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