Updated

This is a rush transcript from "The Five," January 11, 2018. This copy may not be in its final form and may be updated.

JESSE WATTERS, CO-HOST: Hello, everybody. I'm Jesse Watters along with Kimberly Guilfoyle, Juan Williams, Dana Perino, and Greg Gutfeld. It's 5 o'clock in New York City and this is "The Five."

It's not a good day to be Nancy Pelosi. The Democratic leader coming under fire for two comments made just today, as lawmakers from both parties try to work together to reach an agreement on a deal to protect DREAMers. The House minority leader took the debate to a brand-new low, complaining that negotiations were being led by five white guys.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Who is going to cut this deal and when will we know you have that?

NANCY PELOSI, MINORITY LEADER, UNITED STATES HOUSE OF REPRESENTATIVES: Just stay tuned. Stay tuned. I would say that, McCarthy, the four -- five white guys, I call them. Are they going to open up a hamburger stand the next or what? That could have been done four months ago. The very idea that this week, they are saying, why don't we get four white guys and General Kelly to come and do this.

(END VIDEO CLIP)

WATTERS: The number two Democrat in the House, Steny Hoyer, quickly rebuke to those comments calling them offensive. But if that wasn't enough, Pelosi then went on to rip tax reform with this comment.

(BEGIN VIDEO CLIP)

PELOSI: In terms of the bonus that corporate America receives versus the crumbs that they are giving to workers to kind of shoes on is so pathetic. It's so pathetic.

(END VIDEO CLIP)

WATTERS: With all due respect, Ms. Pelosi, I'm sure $1,000 is more than just crumbs to the working class you pretend to fight for. All right, so let's start with the white guys, Kimberly.

KIMBERLY GUILFOYLE, CO-HOST: Right.

WATTERS: I guess the joke was the five guys, the hamburger chain.

GUILFOYLE: Five napkin burger, whatever.

WATTERS: Right, but there is a clear racial implication there -- helpful or not helpful?

GUILFOYLE: Well, not helpful, right? I mean look, she got one laugh.

WATTERS: Late -- a very late laugh.

GUILFOYLE: Delayed -- it was like a delayed laugh track, like somebody like cue it to save her career.

WATTERS: Right.

GUILFOYLE: And I think she just realized probably afterwards it wasn't the right thing to say. How many times do you have to just take shots at white men? I mean, is that the right thing to do? Not Nancy.

I'm saying you hear people putting down, disparaging white man doing whatever protests are going on. I don't know why she had to bring that up. Because it doesn't -- I don't think it serves any purpose and I don't think it serves, you know, her district and who she is in-charge of that they want to hear comments like that to be quote on us.

WATTERS: Leave the white men alone, Juan. She is picking on the white men.

(LAUGHTER)

JUAN WILLIAMS, CO-HOST: You know, sometimes you think I've entered into an alternative universe.

GUILFOYLE: No, it's your reality.

WILLIAMS: First of all, it was a poor joke, right? Because it got taken by people who want to criticize her as being racially loaded but here is the reality of it, she was making a joke about the five guys hamburger chain, as Kimberly said.

And secondly, what she's talking about is a lack of diversity, specifically the lack of anybody with any Hispanic background involved in these negotiations. So nobody, for example, the Congressional Hispanic Caucus has a Thursday meeting. Today the meeting breaks up because they don't know what's going on.

They don't have anybody in the meeting. In fact, the people who were involved, the four white guys plus General Kelly, the White House chief of staff, later asked Senator Menendez of New Jersey, if he would come because they were sensitive to the very issue that Nancy Pelosi has brought up.

GREG GUTFELD, CO-HOST: Juan. Juan, can I just ask you this?

WILLIAMS: Yes.

GUTFELD: If there were five black men there, let's say, from the Congressional Black Caucus and she said, oh, it looks like we have a basketball team, how would you take that?

WILLIAMS: What do you mean?

GUTFELD: Because she said white -- she said five white -- she didn't say five guys. She said five white guys.

WILLIAMS: Yes, because this is about immigration break, and it's about something that is specifically impacting the Hispanic community in the United States. And there is nobody with any background like that involved in any...

GUTFELD: So it's OK for liberals to inject race and identity into everything but if anybody made -- if anybody made a similar joke from a Republican side, god knows the amount of...

WILLIAMS: I think you are just trying to say that there is hypocrisy. But I am saying to you, I think there's a very real argument here that she is speaking to something that's a great concern to many Americans, not just Hispanic Americans.

GUTFELD: And those five white -- because they are white, they are incapable of actually governing or doing something good.

WILLIAMS: Come on.

GUTFELD: That's what you're saying.

WILLIAMS: Eighty percent -- I think it's eighty percent of the Congress is made up of non-female whites, right? So I mean...

GUTFELD: You forgot the word evil. You have got to put the word evil in there.

WILLIAMS: Sorry, next time.

(CROSSTALK)

GUTFELD: OK. It just proves to me that liberal Democrats are exempt from their own moral high ground. I think Nancy was making a joke but to she did inject race into it. But they are allowed to be racist, sexist, and homophobic because their heart is in the right place, right?

So you have Chelsea Handler doing something generally ghoulish to Lindsey Graham because she believes her heart is in the right place. So they actually use a phony moral high ground to allow them to act immorally, calling money -- Donald Trump would not refer to $1,000 as crumbs and he's a billionaire. It's amazing to me that we can just say, that's OK there but it's not OK there. I'm fine with everything.

WATTERS: Do you have to be sensitive to the complexion of any of the group when you were in the White House, if you are doing something on immigration? Did there have to be a Hispanic there or did it not cross your mind?

DANA PERINO, CO-HOST: It wasn't difficult to have diversity in the Bush administration. A time like the Bush administration...

(CROSSTALK)

PERINO: It's probably one of the most diverse, even more so than President Obama. It wasn't even difficult. And a lot of Texans.

WATTERS: So you think they should've had a Hispanic Republican in that group?

PERINO: Well, I think that -- I think Bob Menendez' voice was a good one and an important one. I do think that the split between the Democrats on this is actually interesting from a political standpoint. And they are sensitive to it and which is -- that's why Steny Hoyer, who is the number two in the House under Pelosi on the Democratic side like, whoa, wait, that's offensive. Your antenna is up.

The thing is though, the announcement comes out today that there is a deal but somebody says it's a deal. Someone says we are close and someone says we have a long way to go. That doesn't sound like a deal to me but it's getting closer, so the stakes are higher. And I think one of the things the left is trying to do and not artfully necessarily from Nancy Pelosi's part, to say.

But she knows that there's a split in her caucus and she has to figure out a way for the far left to believe that she's fighting for them. And so, part of the way you do that, sometimes, is through rhetoric. But actually getting the deal and selling it is going to be difficult for her caucus. But I think if they really want to solve a problem and not perpetuate a problem, they are going to have to take the deal.

WATTERS: But we are not finished with Ms. Pelosi, yet. We still have the crumb gaffe. I think it's more significant than the five white guys. This makes her totally out of touch. I know she worth $90 million or something like that? She is very successful. Her husband is successful. A $1,000, it's a lot of money like, Greg, said to anybody.

GUTFELD: That is at least one haircut for her. I mean she is paying...

(CROSSTALK)

WATTERS: With a collar or no?

GUTFELD: She is a multimillionaire. Her mansion is insane, if you've ever seen her mansion in California. She calls five figures crumbs and she's not even a Republican.

WATTERS: Could you run an ad like this of a little scuffed of Pelosi saying something about crumbs.

PERINO: I think, yes absolutely. You could. And I don't think -- I think what they are trying to do is talk about, try to show, and what they should probably do it try to show, not just tell, that there's a big disparity, that the corporations are getting a sweetheart deal from this tax reform bill and that, yes, they are giving significant bonuses all across.

They are raising wages, or they are adding paternity leave. We are going to talk about Walmart later in the show. But it's not artful, and I think that the reality of what's happening on the economic side is really important.

President Obama wanted to do corporate tax reform. He wanted to go from the 35 rate down to 27. Paul Ryan was at 25. And they could never actually get the deal. If they have gotten the deal, like they would've been able to have economic benefits like they are seeing now, but they chose not to.

WILLIAMS: I think you are missing Hillary Clinton.

(CROSSTALK)

WILLIAMS: At this time, you would be beating up on Hillary Clinton.

GUTFELD: You are mad when we bring her up and now you're mad that we don't.

WILLIAMS: No, that's Donald Trump -- that's Donald Trump and Kellyanne Conway. We never talk about Hillary.

GUTFELD: We didn't bring her up, and now you bring her up.

WILLIAMS: Do you know why I bring her up? Because you guys need somebody -- you need a white liberal female to beat up.

(CROSSTALK)

GUILFOYLE: That's very unfair.

GUTFELD: And you then you linked her to another woman. You are the sexist.

(CROSSTALK)

WILLIAMS: You need Nancy -- you need Nancy because you say wait a second, this bill is so loathsome that even Republicans don't like it. And instead of focusing on the tremendous rip-off and the money that goes to the big corporations, will mention the crumbs. Oh my god, Nancy Pelosi called $1,000 crumbs. All that she say -- again, if you look at the whole statement, what she said is as compared to the windfall going to the big corporations.

WATTERS: The voters don't compare it. They see $1,000. That's grocery money for a whole month.

(CROSSTALK)

WILLIAMS: I'm telling you most Americans understand that the rich are the ones getting the big boost.

GUTFELD: Again, evil rich people. They are actually giving -- Walmart, we are going to talk about it later, $400 million I guess for the workers, that's terrible. See, we are learning that that is terrible. According to a liberal, if you actually give back to your workers, that's evil and wrong.

GUILFOYLE: Also another episode of, you know, Juan Williams is moving the goal post. But let me just say for the record, we don't sit here and disparage white liberal women or look for them to beat up on. We talk about people based on their qualifications and the content of their statements, the facts or misstatements that they make. And then we adjudicate them on that.

WATTERS: And we beat up on President Obama who is not a white liberal.

GUILFOYLE: I think I had it handled.

(CROSSTALK)

WILLIAMS: Perry Mason in the house.

GUILFOYLE: I had this buttoned up.

WATTERS: A Facebook post you have to see from the top brass in the Pentagon. It's great. And of course the liberal media wouldn't think so, up next.

(COMMERCIAL BREAK)

GUTFELD: Surrender or die. In a gentle reminder that war is not a game of nude Yahtzee, a military leader told troops that if ISIS fighters don't surrender, beat them to death with a shovel. I think I need to lie down. He says kill the enemy? What are we, monsters?

In his Facebook post, senior enlisted adviser to the chairman of joint chiefs of staff Army Command Sergeant Major John Wayne Troxell, he wrote this, "If they surrender, we will safeguard them to their detainee facility cell, provide them with chow, a cot and due process. However, if they choose not to surrender, then we will kill them with extreme prejudice whether that be through security force assistance by dropping bombs on them, shooting them in the face" -- that's never good -- "or beating them to death with our entrenching tools."

So finally something on Facebook that isn't about your kid's birthday poem.

If this offends you, then you are as thick as an entrenchment tool because it's that sensibility that wins wars. The problem is, we put guys like Troxell out there to hold the line against the world's monsters, then we jump on our high horses when we actually catch a glimpse of what they have to do. Any objection to this boils down to, we kill bad guys in war? I had no idea.

Of course you did. You just want to pretend you don't, so you can hold the moral high ground. As the saying goes, it's easy to be a holy man on a mountain or in the Hollywood Hills.

So we could use more of this advice, not less. And if this man is punished for it, I might have to break out my shovel.

So, Dana, ABC said this kind of comment raised eyebrows. I always like that phrase. It raised eyebrows.

PERINO: It is like saying it's interesting.

GUTFELD: Yes.

PERINO: Also I love that his name is John Wayne. He was meant to be a soldier. I can't believe people complained about this.

GUTFELD: It's news, that's what's interesting to me. Oh, my god.

PERINO: ABC picked it up.

GUTFELD: And posted it.

PERINO: You know, I would love to ask the ISIS guys what they thought of when they were raping women. They are extremely traumatized and trying to get their lives together.

GUTFELD: Yes, you know, Juan...

PERINO: But I didn't ask.

GUTFELD: Juan, I don't think you can argue against killing terrorists who won't surrender, right? You got to be for that. Killing them brutally with a shovel.

PERINO: They do that, so we don't have to think about it.

WILLIAMS: Here's the real news. I sit here every night at 5:00 and you guys tell me that President Trump has annihilated, defeated, cleared out. They are gone. But here comes John Wayne Troxell and he says, oh no, we are still fighting. This fight is not over.

GUTFELD: No one said it was over.

(CROSSTALK)

WILLIAMS: You told America.

GUTFELD: It's an existential threat.

WILLIAMS: And it continues and it morphs, and it goes into online threats and they go to other countries. They go to Africa, they go to Philippines.

GUTFELD: He knows this.

WILLIAMS: Here's the other thing that came out this week and I think why this comment is so insensitive even for our warriors. Because guess what AP reports this week, 11,000 civilians died in the effort...

GUTFELD: He did not say killing civilians, he is saying killing ISIS.

(CROSSTALK)

WILLIAMS: Yes, exactly right. So in other words, we want to protect civilians but if you go about it in a gross manner where you are just saying, we are going to annihilate you.

GUTFELD: That is insensitive to the military to say they kill in a gross manner.

WILLIAMS: Wait a minute, so it's not insensitive when they military at the time...

GUTFELD: There is no relativism.

WILLIAMS: Oh, we're going to take our shovel and -- come on.

GUTFELD: Yes, but, there is no relativism. You can say that about a terrorist but don't say our military men are sloppy or gross.

WILLIAMS: I never said that. He is the one that is saying -- he is the one that is saying we are going to attack you in a sloppy, gross manner.

WATTERS: You know what sloppy is indiscriminately bombing people from the air. And you know what's really neat and tidy? Knocking someone in the head with a shovel. No civilian casualties with that. That is one-on-one. And I am sick of listening the under Obama it was all about human rights.

They were playing soccer. We were giving them video tapes. They were watching movies. They were all getting lawyers, the Trump military is all about their last rites. That's it, 72 virgins or many it takes, leave them dead in the streets.

And it's finally time to do it and you've seen the results. They are not having lawyers pick targets, they have uncocked the military. There have been civilian casualties and that's horrible but I think by not doing anything on the ground over there, that's in a long run going to cause more civilian casualties.

GUTFELD: And by the way, civilian casualties will be reduced the more we use drones because we're going to be able to go in and wait for those, we will be able to avoid civilians and just wait for those guys. And by the way, civilians die because the terrorists are using them as shields. Kimberly, make this as elegant and wonderful as possible.

GUILFOYLE: Well, I heard a story about an SAS soldier that beheaded one of the Jihadi by a shovel or a spade, and then he caught off his arms and then used it to beat the other terrorists.

(LAUGHTER)

WATTERS: Eloquence as always.

(CROSSTALK)

GUILFOYLE: And my point is war is war, and people are talking about -- that's my kind of war story. And people are talking about raising eyebrows. Well, they are cutting off heads and eyebrows. So that's what's happening. So when you see this, I don't care about their last rites. They don't care about us. They have no civility whatsoever, the rape, the pillaging, the beheading, the global terrorism that's going on.

So at least we are doing something about it. We have returned the rules of engagement to what they should've been before, right, and what they were prior to the Obama administration and now you have people actually in the arena and in the field that actually know what they are doing and the president is listening to them. How refreshing. And guess what that's producing? Results.

GUTFELD: Did you hear this story about the Gitmo detainees who are jumping on the Me Too issue. They claim that they are being sexually harassed because they are frisked before they go into court.

PERINO: Sheikh Mohammed (ph) said that growing searches are sexual harassment.

WATTERS: Yes, Gloria Allred is representing that (Inaudible) now. I mean listen, no one cares about (Inaudible) down there. No one is interested in that. So, I don't know where he thinks he is coming.

WILLIAMS: Well, the thing goes that there were new people put in place and the new people had new ways of conducting the searches. Actually the court said that they can't search some of the lawyers' documents. So, this is changing -- but I must say, if we are talking about language on this...

GUILFOYLE: Yes, have you gone through TSA these days, like what happen to me in there. I am just saying, if they pull you aside, if they do the (Inaudible), the whole situation.

GUTFELD: I requested it. We must move on. A teacher was dragged out of a school board meeting and arrested for questioning her bosses pay. Now she's encouraging others to take a stand, ahead.

(COMMERCIAL BREAK)

WILLIAMS: Well, we beat ourselves again. We showed you this stunning video yesterday, a middle school teacher in Louisiana ejected from a school board meeting and then arrested for questioning the $30,000 pay raise for her district school superintendent. Now all she wanted was more money for classrooms and for teachers. Deyshia Hargrave is now speaking out.

(BEGIN VIDEO CLIP)

DEYSHIA HARGRAVE, TEACHER, LOUISIANA: By silencing my voice they have also taken away or tried to take away my First Amendment rights to speak. And I am appalled at this, and you should be too. This particular issue directly involved me, directly my students, my fellow educators and support staff, cafeteria workers. They should do this outside of the school system. I am hoping that you choose to speak out after seeing what happened to me.

(END VIDEO CLIP)

WILLIAMS: And here's the Superintendent Jerome Puyau's side of things.

(BEGIN VIDEO CLIP)

JEROME PUYAU, SUPERINTENDENT, LOUISIANA: She was questioning if you deserve a raise. Can use, it's better in the classroom. You can always use more money in the classroom. But when is a good time for a superintendent to get a raise? My sisters, my family, we are all educators. For those threats against them, more people were hurt, it's not fair to our family.

(END VIDEO CLIP)

WILLIAMS: Clearly he is very emotional because there has now been such a wave of response from across the country. The Teachers Unions have organized marches and protests in Louisiana to support Ms. Hargrave. Meanwhile, superintendent says, as you heard his family is getting threats from people. What do you thin of this, Jess?

WATTERS: It looked very heavy-handed. I didn't see what happen in the beginning but she is one of the teachers of the year. So something tells me she wasn't, you know, throwing things. But, you know, it just looks like just really too heavy-handed to arrest someone and then charge her, too.

WILLIAMS: No, they didn't charge her.

WATTERS: They probably booked her. No?

WILLIAMS: You know, the sheriff arrested her in the hallway, pushed her down and handcuffed her. Everybody is videotaping it which is the videotape we saw. That may take her to the car. But then the D.A. said there was...

WILLIAMS: Well I think she has really drawn a lot of attention for the controversy.

GUILFOYLE: She still has taken into custody. So they have to make a report of that.

WATTERS: So, the point is, this guy is getting a hefty raise and the teachers aren't making a lot of money and the schools are failing. And I think that's the point. As if the schools are not only failing. Test grades are terrible and they are spending a boatload of tax payer money in the schools. There test scores are terrible, it's freezing. Kids are learning parks in the middle of Math class. So obviously, there is more money to be used more efficiently and we have to look at how it's being spent.

WILLIAMS: So, Dana, let me stand up for the superintendent here. He says that in fact this school district is one of the higher-rated school districts in the state of Louisiana. And he is not paid on par with his superiors as superintendents and that's what he wanted. And that there's no good time -- there is always a good time to put more money into schools and staffs but why does that mean he can't have a raise?

PERINO: Well, local government is the absolute hardest form of government because when you get down to dollars and cents, it's talking about $30 billion for this about. You're actually talking about, maybe 33.5 percent increase over 50 years probably in Louisiana schools. He also said though to CBS News, I am the superintendent, I am to blame. I should have stood up and let her speak."

So perhaps, you know, everybody can get past this, because the people that are really hurting are the kids. It's great that they're performing well. And actually, Louisiana schools came back quite successfully after Hurricane Katrina. And so they're making some good progress. But it's never going to be enough for teachers who want to do better for their students and the parents who we saw in Baltimore the other day, upset about the situation.

WILLIAMS: I was going to raise this topic. I'm glad you did. So on the other hand, you have a situation in Baltimore where you have young people unable to attend school. This is mostly minority, low-income kids going to Baltimore public schools, Baltimore City public schools. And they can't, even if they go, learn much, because they are so cold, because schools are not being heated.

Governor Hogan, a Republican, in Maryland, has now given 2.5 million to try to expedite repairs that will get these schoolrooms heated. But you talk about taking away educational opportunity, Greg. I don't -- I mean, I want to hear somebody say this is an outrage.

GUTFELD: This is an outrage.

GUILFOYLE: This is an outrage.

WILLIAMS: Thank you.

PERINO: Jinx.

GUTFELD: All right. Coming up -- you know what? Obviously, they spend a lot of money in Baltimore, and it doesn't do any good. So what does that tell you?

GUILFOYLE: It's management.

GUTFELD: Yes. It's not about the money.

But the other story, I wanted to comment on that. It's not about the debate. It's what happened in the hallway.

And I want to follow Juan's logic. I think that, if the cop were a white woman, that wouldn't have turned out that way, right? Because the white woman would've understood the white woman better and would not have arrested her. See, that's your logic, Juan.

WILLIAMS: Is that right?

GUTFELD: We have to have like...

GUILFOYLE: He flipped that on you.

WILLIAMS: Yes.

GUTFELD: But my other more important point: imagine if there were no smartphones. We probably never would know this story. So it's harder to get away with stuff when you actually have surveillance, and it goes back to our point about, you know, we were going to do the spices (ph) story.

There's a hypocrisy if you -- if you come out again surveillance about terror, but you're OK with civilians surveilling each other. You have more freedom for people like this woman to speak her mind when people have phones...

PERINO: Yes.

GUTFELD: ... to follow and cover this stuff and expose when some kind of heavy-handed behavior happens.

Lastly, heavy-handed behavior like that should not be met with heavy-handed mob behavior online.

WATTERS: Right.

GUTFELD: Like, we get it.

WATTERS: The threats.

GUTFELD: What happened was wrong, but we've got to stop -- we've got to stop this mob stuff, where we all jump on.

PERINO: Especially when it becomes a national story, like as you said.

GUTFELD: Local becomes national.

PERINO: Yes.

WILLIAMS: I couldn't agree more more. You don't need the mob stuff.

But Kimberly...

GUILFOYLE: Yes.

WILLIAMS: ... what do you think about the idea that she is being inhibited from just speaking out in opposition to the authority?

GUILFOYLE: Well, listen, I mean, I think it's -- it's reprehensible. I've worked as an educator. My mother was a teacher. We both worked with special needs children. And just the thought that children aren't able to get a proper education, because they don't even have heat in the classrooms. That bothers me. It's abhorrent.

But also, when you have a teacher that's passionate, that's been recognized as a strong advocate and an excellent educator.

WILLIAMS: Terrific.

GUILFOYLE: It's sad when someone is trying to silence her voice. And you're right. It was heavy-handed. I think, like, everyone is living on Regret Island right now. Like, "If only we could just take it back."

GUTFELD: TV show, "Regret Island." That is a great idea.

PERINO: And your apology has to be good enough to get off.

GUTFELD: Well, you go to Regret Island to work your way off Regret Island. That's what we do with all the sexual harassment.

WATTERS: Mark Burnett.

GUTFELD: Put them on "Regret Island." And in order to get their job back...

GUILFOYLE: Yes.

GUTFELD: ... after all the sexual harassment guilt, they've got to, like, earn their way off Regret Island.

WATTERS: After "The Bachelor."

WILLIAMS: Wait a minute, wait a minute.

GUILFOYLE: Somebody call our lawyers to put that down. Our idea first.

WILLIAMS: Enough. We have Father Watters standing by. Is Trump -- is the Trump administration's anti-marijuana agenda about to go up in smoke? Ahead.

GUILFOYLE: Oh, my God.

(COMMERCIAL BREAK)

GUILFOYLE: The Trump administration moved last week to tighten federal oversight of marijuana in America, and there's been a growing backlash within the Republican Party since.

One report says Trump voters who use the drug feel it's the "first time they have felt let down by the man they helped elect." The crackdown could pose a problem for some GOP Lawmakers in the midterms.

Colorado senator Cory Gardner was among the first to publicly oppose the decision by Attorney General Jeff sessions.

OK, so Dana, politics, kind of interesting. You have some interesting bedfellows on this, both sides.

PERINO: Yes. Colorado, I grew up there. And...

GUILFOYLE: I came to you for that reason, not because...

PERINO: This is what I think. I understand that Colorado overwhelmingly voted for this, and they want it. But that doesn't erase the fact that Congress has a law on the books that says the federal government should treat marijuana in a certain way.

And President Obama wrote a -- had a memo that said, "You know, district attorneys, U.S. attorneys, just kind of, you know, don't worry about prosecuting those." And Attorney General Jeff Sessions basically said, "Well, actually, you know what? It is a law, and if the U.S. attorneys feel like they need to do it, go for it."

What I think is -- actually should happen is that the congressional members who care a lot about this, then they should get on board to some sort of legislation and try to persuade their colleagues to vote for it.

Because one of the things that the left tries to say is that President Trump is lawless, when actually, the administration is absolutely trying to follow the law and saying, "This is what the law says. If you want us to change it, you're going to have to do something about it." And they've done that on several things. This is just the latest one.

WILLIAMS: But I would argue that, from a conservative point of view, and I think this point was raised...

GUILFOYLE: You are?

WILLIAMS: ... by Jason Lewis, who's a Republican from Minnesota. That if you believe in limited government, if you make the argument, as the Trump folks do all the time, that states, and we should allow the states to try to set the laws and enforce their laws, that this is in violation of what Trump has been talking about all along.

PERINO: Well, then they should pass a law that takes it off the federal books.

WILLIAMS: Well, I just think the law, from what President Obama did was to say, we don't have to go through the big argument and everybody say, "Oh, you must smoke marijuana if you're" -- forget that. Let's just say there's better use of law-enforcement time and authority than going after some kid smoking a joint.

PERINO: But Jeff Sessions didn't say prosecute. He said, "Use your discretion, U.S. attorneys. It's up to you."

WILLIAMS: I think he did in such a way, Dana, as to threaten them.

GUILFOYLE: All right. Well, everyone has an opinion. Greg.

GUTFELD: I agree with Juan.

WATTERS: Oh, no.

GUILFOYLE: Take a sip of the unicorn, straight from the cup. My God.

WATTERS: 2018.

GUILFOYLE: The antidote to the poison.

WATTERS: Poor guy.

GUTFELD: It's going to be fast-acting.

WILLIAMS: That's OK.

GUTFELD: Tell my wife I love her.

WILLIAMS: Because you know what? I'm a stable genius.

WATTERS: Yes.

GUTFELD: I always go back to you can't ban something because you don't like it. If that were the case, I would have banned truffle oil a long time ago.

GUILFOYLE: Oh, my God.

GUTFELD: Yes. It makes -- the smell makes me sick. It's the Maroon 5 of oil. You notice that?

GUILFOYLE: Oh, you're back on them again.

WATTERS: So it's amazing.

GUTFELD: Yes. But I always -- obviously, I'm for legalization, but I'm also aware that there will be consequences for legalization. There are consequences for legalized driving. At some point driving became legal, and every day millions of people are hurtling down the road in two tons of metal going 65 miles an hour, and you're telling me that sitting on a couch smoking a joint is a high-risk activity? We engage in high-risk activities and accept death -- we accept death every day. We don't want to die, but we look and we know that -- I don't know how many, what is it? It's about 30,000 a year die from car accidents.

WILLIAMS: More.

GUTFELD: More maybe? And -- but we accept it. We accept a lot of death, but yet we can't accept something that has yet to be proved that it's as deadly as alcohol. Not even close. Not even close to alcohol.

Anyway, the high is wearing off, so I've got to go.

GUILFOYLE: Yes, I can tell. Greg, really awkward there for a moment. You know, I don't know.

All right. Jesse, what do you make of this?

WATTERS: I just think that Sessions should crack down on leakers instead of pot. This is not a big priority.

I think states' rights should overrule it, but if you're going to do it the right way, have the Congress step in.

And listen, Colorado, I think he lost that state by about 5 percent. Oregon, he lost that. He lost California huge. Vermont, he lost it big. I think Massachusetts is thinking about decriminalizing it.

PERINO: But Florida is coming up.

WATTERS: So the states that have it, I don't think are Trump states. So there could be some politics at play.

But as you said, this thing is moving forward. It's moving forward fast. If they get it in Florida, with the problems that Florida already has, if you add legal weed to the Knicks in Florida, we're going to be doing a Florida story every single day.

GUTFELD: We might not. It actually might be a good thing. Remember, it...

WATTERS: Calm people down, down there?

GUTFELD: The whole point...

GUILFOYLE: More hanging chads.

WATTERS: There's just alligators everywhere. You would have had weed...

GUTFELD: Everybody has a right to their own oblivion.

GUILFOYLE: They're going to be, like, high and devoured by the gators.

PERINO: At least it won't hurt.

GUTFELD: All that stuff is -- Most bad behavior is due to alcohol, let's be honest.

WATTERS: Yes.

GUTFELD: Everything bad that I've done in my life.

GUILFOYLE: Is that your excuse? I knew it. Little weirdo, shorty robe.

GUTFELD: On Regret Island.

GUILFOYLE: Yes, Regret Island, that's Greg in his shorty robe.

OK. New controversy over some immigration comments from President Trump. That's next.

(COMMERCIAL BREAK)

PERINO: Well, we gave you Nancy Pelosi earlier in the show. Now President Trump is getting some heat from comments he made today about immigration reform.

During talks with lawmakers about restoring protections for immigrants from Haiti, El Salvador and African countries, the president reportedly said, quote, "Why are we having all these people from s-hole countries come here?"

GUTFELD: What?

PERINO: I didn't say it. I did not get bleeped. So what a way to end the day? Kimberly, what do you think?

Jesse, what do you think?

GUILFOYLE: Yay! Girl power, girl power.

WATTERS: I think it's either fake news. Or if it's true, this is how the forgotten men and women in America talk at the bar. This is how Trump relates to people. If you're in a bar and you're in Wisconsin and you're thinking they're bringing in a bunch of Haiti people or El Salvadorans or people from Niger, this is how some people talk.

Is it graceful? No. Is it polite or delicate? Absolutely not. Is it a little offensive? Of course it is. But you know what? This doesn't move the needle at all. This is who Trump is. He doesn't care.

GUILFOYLE: Look at Juan.

WATTERS: He shoots from the hip. And if he offends some people, fine.

There's so many more offensive things that are happening in this world. We just talked about ISIS...

GUILFOYLE: Beheadings, yes.

WATTERS: There's crime in the inner-city. People are getting, you know, kicked off the -- you know, kicked off welfare.

PERINO: OK, but we're talking about this.

WATTERS: No, I'm trying to put it in perspective here.

PERINO: I know what you're trying to say.

WATTERS: And an off-the-cuff comment from the president isn't a big deal.

GUILFOYLE: Just running out the clock.

WILLIAMS: You're talking about people from Haiti. You're talking about people from Africa.

WATTERS: Yes.

WILLIAMS: So if he said, "All these white people coming here from these blank hole," I think you, Jesse, would be like, "Oh, my God."

WATTERS: I think he was talking about third-world countries.

WILLIAMS: No, he's -- I don't care what country...

WATTERS: And you're bringing in people that have very low skills and low education.

WILLIAMS: That's not -- he didn't say that.

WATTERS: Because it was in the context of the immigration debate.

PERINO: They're talking about -- this is basically talking about, Greg, the visa lottery program, which is the -- it is on the chopping block...

GUTFELD: Right.

PERINO: ... in these immigration discussions. It was -- apparently, there was some good agreement earlier in the day, but by the end of the day, the president said he wasn't interested.

GUTFELD: You know, yes, surprise, he's blunt. Surprise, he's too blunt.

WATTERS: Yes.

GUTFELD: You could say he goes too far. Again, it's "reportedly." But let's assume...

WILLIAMS: No, no, no. FOX is confirming.

GUTFELD: That's what I'm saying, let's assume he said it. I -- you've got to ask -- I wouldn't say that. I don't think he should say that, I'll say that.

GUILFOYLE: That's the point. That was weird.

GUTFELD: You've got to ask, OK, why can't citizens stay in their country and fix their country? Why is it that they can't do that? How do you describe a country when it's -- where it's impossible for you to fix it? Maybe you don't call it that, but you have -- there is something about a country in which maybe you want to stay, but there's no way to fix it.

I've lived in apartments like that. And I've -- I've...

GUILFOYLE: You've kind of created that.

GUTFELD: I've called them...

GUILFOYLE: McDonald's and...

GUTFELD: I've called them that word. Everybody has lived in an s-hole.

WILLIAMS: Yes, but you know what? You know what? You know what?

GUILFOYLE: And some people are.

WILLIAMS: I just don't think this is very good. I just think...

GUTFELD: I didn't say it was great.

WILLIAMS: OK. But I think that, even if you live in a poor-quality apartment, you don't want somebody else calling you that, you know, telling you you live in a blank-hole.

The second thing is, I think there are lots of people who come there. And we're all immigrants in this country, who come there -- come here and do wonderful things because we are a stable, democratic, politically...

GUTFELD: I'm not an immigrant.

WILLIAMS: ... economically -- I'm sure that somebody in your family was an immigrant.

GUTFELD: I know, but I'm not.

PERINO: Well, it's unclear, Kimberly, if they're talking about -- if this was in reaction to the visa lottery program...

GUILFOYLE: Right.

PERINO: ... which is different from the temporary protected status program, which is from, for example, if the Haitians are here because of the huge earthquake.

WATTERS: Right.

PERINO: And it is supposed to be temporary.

WATTERS: It's humanitarian.

PERINO: Exactly. And the other question would be, then are you willing to solve it at its source? So can you -- instead of coming here, is America then going to be willing to actually help solve it there?

GUILFOYLE: Well, we do a lot of that, too.

GUTFELD: We do.

GUILFOYLE: We're the No. 1 humanitarian aid. Anytime there's strife across the world or there are some suffering or there is hurricanes, any kind of tragedies like that that we've seen, famine, et cetera, we're the first ones to step in.

He -- it was loose talk, obviously. And what he's saying is we're trying to bring people here that are going to contribute, be part of the economy, part of the jobs in certain needs and sectors that we want. Saying why are we inheriting or pulling over problems?

So then the flip side is, OK, yes, what are you prepared to do to try to help and stabilize an area so that then they don't want to leave their country? For example, remember all the Syrian refugees.

PERINO: Yes.

GUILFOYLE: The same question was posed. In that sense, in terms of what they had going on there, what can we do to try and save lives in that area so that everybody doesn't try to flee and come out? And then, so, you know...

WILLIAMS: But I think he's denigrating people from those countries.

PERINO: It's not -- that's how it will -- there is no doubt that's how it will be taken. And obviously...

GUILFOYLE: Nobody's saying that it's not...

WILLIAMS: I understand. I just think it's offensive. I don't understand why you would make excuses for this kind of talk.

GUTFELD: Who's making an excuse?

PERINO: I don't think anyone here made an excuse. Well...

GUILFOYLE: We're not making an excuse. We're just talking about the -- except for Jesse.

WATTERS: I said it was inartful, but it...

GUILFOYLE: Mom, send a text.

WATTERS: Here it comes. Yes.

PERINO: All right. "One More Thing" is up next.

(COMMERCIAL BREAK)

WATTERS: It's time now for "One More Thing." Something supercilious, perhaps, from Dana?

PERINO: And you're looking at me? No, because it's National Human Traffic Awareness Day...

WATTERS: Great.

PERINO: ... Jesse. So I want to talk about that.

There's a lot of effort to try to combat human trafficking. It's a multibillion-dollar criminal industry. It denies freedom to 20.9 million people. I haven't had this happen in a long time. I just can't get through it. I'm going to have to laugh.

But you know what? One thing that you can really do is look at some of the airlines. Delta in particular, American Airlines trying to figure out how to help their employees spot people that are in trouble and to help get them to safety.

Take a listen to Senator Rob Portman today at a rally on Capitol Hill.

(BEGIN VIDEO CLIP)

SEN. ROB PORTMAN (R), OHIO: People don't know. They really don't know. My constituents don't know. When I'm home and I talk about it, they kind of look at me. "That happens in Africa and Asia, right?"

No, it's happening in your backyard, right here.

This is an outrage happening that it is happening in this country, in this century. It's a stain on our national character. We can make a difference her.

(END VIDEO CLIP)

PERINO: And he is a sponsor of a bill that everybody should support, and we should get behind it.

WATTERS: Can you bail me out why I said "supercilious"? Because...

PERINO: Yes, because -- well, because my husband -- don't say it. Don't say it..

GUTFELD: Go to Juan.

WATTERS: Bail me out. Bail me out. Go to Juan. Go to Juan.

GUTFELD: Don't do it.

GUILFOYLE: Because he said you are a supercilious Norwegian.

WILLIAMS: Even her husband, in order to get you...

GUILFOYLE: He got confused.

WATTERS: Maybe later. Juan, go.

WILLIAMS: So I think this is a tremendously underreported story.

GUILFOYLE: Oh, my gosh.

WILLIAMS: Very serious here. We've all seen tragic images of the mudslides out in California. But amidst all the devastation, a miracle. Check out this incredible picture.

You see a 14-year-old girl being rescued from the mud-crushed home. The Santa Barbara Fire Department said Lauren Canton was found by a team of firefighters and rescue dogs. They heard her screaming from beneath the rubble, and it took them six hours -- six hours to dig her out.

Once freed, she said, quote, "I thought I was dead there for a minute."

As of today, 17 confirmed dead, eight still missing. Our thoughts and prayers go to everyone affected by the tragedy.

GUILFOYLE: My God. God bless them.

WATTERS: OK, I'll go. The new "Fire and Fury" book, it's flying off the shelves by Michael Wolff. So there's also a book called "Fire and Fury." It was written ten years ago. Now this is a best seller. They're confusing the book titles, and everyone thinks they're buying the Wolff book, "Fire and Fury." This guy's book is about World War II.

PERINO: Can be very confusing.

WATTERS: Ten years ago.

GUILFOYLE: Good.

WATTERS: And it was about the allied bombing of Germany. So he'll get the free sales.

PERINO: Good for him.

WATTERS: Good for him.

GUILFOYLE: Buy the World War II book.

WATTERS: Greg Gutfeld.

GUTFELD: Let's get to some really somber news. Roll it.

(BEGIN VIDEO CLIP)

GRAPHIC: Greg's Sexy Kangaroo News.

(END VIDEO CLIP)

GUTFELD: "Greg's Sexy Kangaroo News."

GUILFOYLE: This is so ridiculous.

GUTFELD: All right. I want to show you a picture, and you will agree with me. Check out this fellow right here.

(BEGIN VIDEO CLIP)

(KANGAROO LOUNGING ON ITS SIDE IN A PEN)

(END VIDEO CLIP)

GUTFELD: He is the Burt Reynolds of kangaroos.

GUILFOYLE: What is that?

GUTFELD: He was blocking a public restroom entrance in a Perth National Park in Australia, and people couldn't use the bathroom. Because Mr. Ripped Abs himself would not -- he doesn't have a pouch, just ripped abs.

GUILFOYLE: Is it stuffed?

GUTFELD: No, look at him.

WATTERS: It's all real.

GUTFELD: That guy has it going on. I'm telling you. But anyway...

GUILFOYLE: That was weird.

GUTFELD: ... we're meeting later for drinks.

WATTERS: OK. Kimberly Guilfoyle.

GUILFOYLE: I'm serious. Sorry. OK, this is a very touching, endearing story. Hundreds of people welcome a third-grader back to school after her heroic fight with leukemia. And this was a heartwarming moment on a bitter cold day in Quincy, Massachusetts, last week. And what you're looking at right there is a beautiful girl, 8-year-old Bridget Kelly; made her way back to school for the first time in 15 months, everybody, after battling acute lymphoblastic leukemia. And what made the day so special was take a look and listen to this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Go, Bridget!

(CHEERING)

(END VIDEO CLIP)

GUTFELD: He's got to...

GUILFOYLE: All right. Very sweet. God bless her.

WATTERS: OK, over to Bret Baier, who's not supercilious at all.

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