Sanctuary city showdown: Chicago sues DOJ for funding threat

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This is a rush transcript from "The Five," August 7, 2017. This copy may not be in its final form and may be updated.

KIMBERLY GUILFOYLE, CO-HOST: Hello, everyone. I'm Kimberly Guilfoyle along with Richard Fowler, Jesse Watters, Dana Perino and Greg Gutfeld. It's 9:00 in New York City, and this is "The Five."

When President Trump came into office, he signed an order that cleared the path to strip federal funds from cities that don't comply with our nation's immigration laws. There are sanctuary cities all across America providing safe haven for undocumented criminals. Chicago is one of them. Today its mayor filed suit accusing the administration of blackmail. Here's Rahm Emanuel.


MAYOR RAHM EMANUEL, D-CHICAGO: We are a welcoming city and it always will be. It was for my grandfather 100 years ago this year. In addition to that, our Police Department is built on the principles of community policing. We don't want officers to just patrolling a neighborhood but to be part of that neighborhood and the fabric. And the fact is, by forcing us, or the Police Department, to choose between the values of the city and the philosophy of the Police Department of community policing, I think it's a false choice and it actually undermines our actual public safety agenda.


GUILFOYLE: Attorney General Jeff Sessions released a statement earlier calling it astounding that Chicago would protect criminal aliens who prey on their own residents and be hostile to laws designed to protect law enforcement. Sessions says, comply with the law or forego taxpayer dollars. Make sense?

GREG GUTFELD, CO-HOST: Yes, but I'm always tired of people being accused of blackmail when they're just trying to explain an agreement or a deal. So, if you don't do your job you will be fired. So, by this definition, that's blackmail. If I show up for "The Five" late, I'll be fired. You're blackmailing me, you're telling me that if I don't show up on time I lose my job. That's exactly the reasoning here.

They're saying, if you don't comply by the law, you do not get these funds. Can you imagine if Rahm Emanuel felt as strongly about gang violence as he does for Donald Trump. Most of his opinion is driven by agreeing with the p.c. assumptions. You know, he comes out against Chick-Fil-A because that's cool. He comes out against Trump because that's cool. He won't come out against gang violence because that could be perceived as bigotry.

GUILFOYLE: Uh-hm. All right. Dana, and by the way, the Chick-Fil-A, chicken biscuits are amazing.

GUTFELD: Oh, yes. Straight to my hips, girlfriend.

GUILFOYLE: I can see from here.



DANA PERINO, CO-HOST: So, I think that this is a prospective lawsuit. Because these funds have not been withheld yet. So, almost like a little bit of a p.r. stunt by the mayor. But I also feel like it's only $3.2 million. Look, in a city of Chicago, like, if you really don't want to comply, okay, then don't take the money. If that's really how -- if you feel that strongly about it, then either raise taxes in your city or cut someplace else. If you really don't want to do it --


PERINO: Then don't ask for the money.

GUILFOYLE: There's a way to work around it if you want to make that kind of point.

PERINO: Yes. I'd love to see some mayor across the city, across the United States that just make that decision, like, okay, we're good, we don't need the federal help, thank you very much. We'll going to just, you know, we're going to do our local thing.

GUILFOYLE: That would be a strong stand Jesse, that would make sense if that's exactly what they feel and they can do without it, then make that case.

WATTERS: But Rahm would rather fight Trump than fight crime. He's protecting criminal illegal aliens over the residents of his own city. And he said something funny in the little statement to CNN, this undermines our actual safety agenda. I didn't even though he had a safety agenda. That was news to me. So, basically a bad hombre beats someone over the head with the baseball bat in Chicago, gets picked up, they bring him, it doesn't speak any English, has no I.D., got gang tattoos all over his face, they run his prints, he's been deported and has a felony in California.

All Trump and Sessions want is, hey, Rahm give us a call two days before you release this guy back on the streets so maybe we can pick him up. And Rahm says no. Rahm is saying releasing criminal illegal aliens on to the streets of Chicago makes Chicago safer. That doesn't make any sense to me. This happened in Phoenix, Arizona. It was a sanctuary city, they revoked their sanctuary city stats and crime went down 25 percent.

Armed robbery went down. Car theft went down, assaults went down. They did a study, University of Riverside in California, six year study, sanctuary cities have a higher rate of crime than non-sanctuary cities. So, someone like Rahm is doing this is just trying to gain a little traction for his left wing crew, raise his profile, doesn't care at all about people on the Southside.

GUILFOYLE: All right. Richard, an amazing reply and rebuttal is coming from you, I can feel it.

WATTERS: I can't.


No, actually, if you read the welcoming cities resolution from Chicago, an individual like that would actually be deported in Rahm's in the city of Chicago because --

WATTERS: How so?

RICHARD FOWLER, GUEST CO-HOST: Because the law actually says, if you commit a violent crime or there's a warrant for your arrest outstanding, you would be reported to I.C.E. immediately. What Jeff Sessions is asking him to do --


FOWLER: -- is if somebody gets a traffic ticket and they are supposed to be detained for, like, whatever, you get a traffic ticket or --

WATTERS: Okay. So, just a traffic -- is selling heroin a violent crime?

FOWLER: Let me finish my statement.

WATTERS: I mean, is it?

FOWLER: Can I finish my statement?

WATTERS: Go ahead. I'd like you to finish it with the answer, though.

FOWLER: The welcoming city of resolution at the City of Chicago and Cook County says, if you've committed a violent crime or there's a current warrant for your arrest, you will be held and you will be checked against the I.C.E. system. If you are found to be illegal, then you will be -- I.C.E. will be contacted and then the deportation proceedings will go as planned. Right? If it is something else, if it's a minor infraction, you will be released because --


FOWLER: -- because there was a lawsuit in Portland in 2014 in which Portland, which a federal judge said it is unconstitutional to hold illegal immigrants for longer than 48 hours under the Fourth Amendment. Because it's under --


Excuse me, excuse me, in 2014, a federal judge said that these individuals were held against their will for 48 hours, and that is against the Fourth Amendment of search and seizure. Period.

WATTERS: Wait. So, illegal aliens have constitutional rights?

FOWLER: According to a federal judge --

WATTERS: When did that happen?

FOWLER: According to a federal judge in Portland, Oregon.

WATTERS: Some judge says that, fine. You know what? I don't believe criminal illegal alien has constitutional rights.

FOWLER: You are a lawyer.

GUILFOYLE: My ear piece -- I need help.

FOWLER: You're a lawyer.

GUILFOYLE: I am a lawyer. So, the problem is, there's a differing of opinion between the federal government and what they believe, and I believe that the federal government believes that the law should be enforced, that it should be followed. Now, the states are trying to enforce, and I agree with Dana that listen, if they have an issue and quarrel with the U.S. government and the Feds, then they should say, we're not going to take your money and then it really kind of takes like the rug out from under the federal government. Because if they're saying, you can't tell me what to do if I'm not taking your money to try and subsidize my city. So, there you go.

PERINO: Right.

GUILFOYLE: That's how they really do this. In an honest way. And I don't see that Rahm Emanuel --

FOWLER: I agree there. I think the problem that we have is, for years, since the 1980s --

GUILFOYLE: We do give due process.

FOWLER: Right. And since the 1980s, we have a patchwork of a sloppy immigration system. Right? And I think the 1980s have called and they've asked where their immigration system back. And if our politicians in Washington --

GUTFELD: I'm going to ban that joke.

FOWLER: Ban it if you like but --

GUTFELD: Didn't work with Obama and Russia, either.

FOWLER: You could ban it if you like but it's true. We have a sloppy immigration laws, which is why where we are today. If we would actually have, if our politicians in Washington were bold enough and brave enough to fix our broken immigration system, we wouldn't be here. And which is why there are sanctuary cities to begin with. Because we have broken laws and mayors and governors are saying, I hear you, Mr. Trump, there is illegal immigration.

I hear you, Mr. Trump. We have a problem. I hear you Mr. Trump, our borders are porous. But hey, these laws are outdated. So, why don't you work with Republicans in the House and Republicans in the Senate to fix our broken immigration laws, period?

GUTFELD: The reason why we're doing this segment is because it's about Chicago, which is a glaring murder problem.

FOWLER: But that's not caused by illegal immigrants. That's caused by illegal guns.

GUTFELD: I'm getting to that point. You're absolutely wrong. It's caused by illegal guns. It's caused by criminals.

FOWLER: Let me finish. Let me indulge you and say, there is no correlation between sanctuary cities, and the mass of murders that are taking place on the streets of Chicago. What it does show you is that a city prefers to act symbolically with things like sanctuary cities rather than acting concretely to stop the murders. So, they'll sit there and they'll get up and they'll talk about sanctuary cities while people are actually dying.

Poor urban blacks are the most likely to be the victims of crime. We know that. The way that you can stop and reduce that crime is making guns more available to them to defend themselves against the criminals. Their permits are too high in Illinois, they are like 450 bucks for permits and training. John Lott has a great article in that this morning. In New York, you got to be rich and powerful to get a permit.

We are denying poor, law-abiding citizens the right to defend themselves against people that are out there with illegal guns. Because you can get illegal guns in gun controlled cities like Chicago. Every time you blame it on illegal guns, you are showing that gun control doesn't work. Especially in cities like Chicago where gun control is so high.

FOWLER: So, I have one response to that. So, the former police chief in Chicago said this, and Donald Trump supports the police, I support the police. Right? He said this. The number one problem in the streets of Chicago is this. The proliferation of illegal guns --

GUTFELD: In a highly gun controlled city.

FOWLER: Exactly. And most of these illegal guns are not coming from Chicago, they're coming from places like Indiana, they're coming from places like Arizona, they're coming from place, all of the border states where they have these ridiculous gun laws where you can go to a gun show and buy enough weapons to blow up the Taliban in one day.

GUTFELD: That's not true.

FOWLER: Yes, it is true.

GUTFELD: That is true.

FOWLER: Talk to the Police Department in Chicago and they'll tell you that. Talk to the former chief police.

GUTFELD: If you talk to other police chiefs, they will also tell you it has to do with the fact that people aren't allowed to protect themselves. There are studies that show that criminals will not go to places where they think somebody is armed. Felons will fill out questionnaires and say they have actually avoided places where somebody is armed. If you are armed, people are less likely to bother you. You got to arm these people. It will make their communities safer.

GUILFOYLE: Soft target.

GUTFELD: Yes. Harden the soft targets, we'll be right back.

GUILFOYLE: We'll say it again. All right. A new update on the Justice Department's intensified crackdown on White House leakers. That is next. Stay with us.


GUILFOYLE: The Trump administration has a huge problem to eliminate leaks. President Obama's Homeland Security offered his take over the weekend.


JEH JOHNSON, FORMER HOMELAND SECURITY SECRETARY: The leaks right now are really bad. I've never seen it this bad. There should be a concerted effort to identify and go after leakers.


WATTERS: No one no matter how high up on the food chain will be immune from prosecution if they're caught.


ROD ROSENSTEIN, DEPUTY ATTORNEY GENERAL: Well, look at the fact and circumstances. Identify somebody no matter what their position is if they violated the law and in that case warrants prosecution, we'll prosecute it.

CHRIS WALLACE, HOST: Including White House officials and members of Congress.

ROSENSTEIN: Including anybody who breaks the law.

WATTERS: So, Kimberly, when the Obama administration officials are now condemning leaks, it's gone beyond I think partisan politics and now they're damaging National Security.

GUILFOYLE: Well, it's always been a damage to National Security. It shouldn't happen under any administration. It needs to stop in this current administration, and nobody should be above the law. If you are caught leaking sensitive or classified information that can affect U.S. foreign policy and National Security and put us in a bad position, then you have to be prosecuted and jailed and that's the way it is.

WATTERS: And I think a lot of even former Obama administration officials would be okay with some of these prosecutions with some of these likes. It's not a political issue.

PERINO: And absolutely June of 2013, I believe it was, they had the ultimate National Security leak, and that was Ed Snowden.


PERINO: And I mean, it's absolutely fundamentally changed so much of what was happening so far, our country around the world. Just basically blew a hole in all of the taxpayer investment over many years. And President Trump, even when he was a civilian, he was against that leak at the time. So there's bipartisanship breaking out in Washington, D.C.

WATTERS: Wow! Can you hear that? Can't believe that's happening. Greg likes to say that Trump is the wall.


WATTERS: Despite rhetoric and by enforcement.

PERINO: I think we're good now on that.

WATTERS: But if you're out there saying, we're going to put you guys in jail, Congress, you know, anybody, doesn't that kind of send a chill up their spine?

GUTFELD: It should. You know, I have to say, Dana, that was -- I'm trying to think of people that are so upset now about these leaks that were so pro-Snowden.


GUTFELD: Do you know what I'm talking?

PERINO: Oh, I remember them well.

GUTFELD: I know. It's like, all the leaks must stop but no, he's a whistleblower.

PERINO: You know, he was a hero, I can hear it all coming now.

GUTFELD: What I find interesting is, despite the last chaos of the previous six months, the Democrats are still in trouble. There is no alternative to Trump yet. So maybe that's why they're worried. Because these leaked stories may actually be helping Donald Trump. Republicans still hold a 10-point lead among blue collar voters and that is from a Democrat survey.


GUTFELD: So clearly, trying to undermine him this way is building sympathy. Now, his poll numbers may be low but you're lower for doing it. Every time you come after him, you try to undermine him because these likes are not alerting anyone to danger. They're done to embarrass Donald Trump and to subvert his governance. It's a gutless way to win.

PERINO: And some of those that you're talking about are not actually prosecute --


PERINO: They are not. What's that word? You can't actually prosecute those --

GUILFOYLE: Prosecutable.

PERINO: Leaks that are embarrassing aren't necessarily crimes.

GUTFELD: Yes. I have embarrassing leaks.

WATTERS: That's another issue. Richard, you enjoy the leaks.


We had a Democrat on the air the other day, Maxine Waters who is applauding the leaks, and she says, bring it on. Do you think that that is a little hypocritical?

FOWLER: No, I think the leaks are problematic. Sadly, I think what makes us even worse for the President, is that a lot of these leaks, security leaks, are leaks that are coming from his White House, which is even more problematic, leaks from his campaign staff, leaks from people who worked on his campaign, people who work in his communications office. And those are even worse.

Because those are the folks who should be endeared to you. Your most trusted individual, folks who work in the west wing, who are leaking on palace intrigue. And that is the most problematic. And I think that has to do with the fact that usually a president should endear these individuals people to his vision.

PERINO: That's not what Rod Rosenstein is talking about.

FOWLER: Right. But I'm talking about leaks in general.


FOWLER: But the one caveat I want to make here, and I think I'm happy that Rod Rosenstein interview is a little bit different than what we saw Jeff Sessions say a couple of weeks, I mean, midweek, when he sort of walked the line on the First Amendments. So, leakers are one thing. But let's talk about the journalists who are getting the leaks and reporting on it. Right? So, those journalists who get these leaks, they have an obligation because of our First Amendment to report this information after they sort of check to make sure that it's verified and it is true.

And the person I bring up is one of our colleagues here at FOX, Judith Miller, who went to jail for 85 days for not giving up her source. And I think it is important that journalists and journalistic integrity and the First Amendment is protected when that information is leaked. So, I think that is important.

WATTERS: Do you think, Dana, because Trump ran against the establishment and he ran against the CIA, he was critical about 911 and about the Iraq war, who ran, you know, very critical of the FBI, very critical or Republicans and Democrats. So, he gets into office and all of these institutions are mad. And they want to pay him back. Do you think that there's that kind of bureaucratic payback going on?

PERINO: Maybe a little bit especially because he was very strongly against and insulting to the intelligence community at sort of like right after the election and before he got to know them a little bit better personally. And so, yes, and I think some of these things we're talking about, again, it's really important to separate them out. There are National Security leaks that are a huge problem and then there is like gossip stuff that is not prosecutable. I don't know what is the word for that, you can't prosecute it? It's prosecutable.

GUILFOYLE: Not prosecutable.

PERINO: I don't know the actual lingo.

GUILFOYLE: You got it.

PERINO: But I do think that even them talking about possible prosecutions will tamp down leaks.

FOWLER: Right.

PERINO: I do think that like, it will just remind everybody you have an oath to uphold. But what would really help the administration is if they find somebody within the intelligence or FBI that actually did leak one of these National Security issues and they prosecute, that will stop it right away.

WATTERS: What can you get if you get hit with one of those big time prosecutions, 20 years?


PERINO: Yes, definitely.

GUILFOYLE: You go to jail, bye.

WATTERS: A long time.


PERINO: That's why Ed Snowden is hanging out in Russia.

PERINO: Right. That's right.


PERINO: That's why he doesn't want to come back here.

GUTFELD: Right. If the President goes down on some of this stuff, like if it's because of a leak, I think he will have an incredibly angry population. Because he has achieved some pretty big things whether it's economy, jobs, regulations. And for him to go down on something like these silly conversations or whatever, you will have a population that will be just as angry as the population that was pissed off over Bernie Sanders.

So, you're going to have two populations that saw their guy get screwed, and then you're going to have other people who really don't care.


GUTFELD: But you're going to have a problem. Because you're basically unfairly trying to unseat somebody who won, which is kind of what happened to Sanders in a way.


GUTFELD: I mean, that was his and they took it away. And now it's Trump and they're going to take it away. People doing the taking away are absolutely no different. They're the same people.

WATTERS: They are. All right. Some very serious new developments on the North Korean nuke threat. What our spy satellites have just detected, up next.


PERINO: With threat come responsive that the world has taken action to punish North Korea for testing two missiles capable of reaching the United States. All 15 members of the U.N. Security Council voted to impose tougher sanctions on the rogue nation over the weekend.

I spoke with Nikki Haley, the U.S. Ambassador to the U.N. just a short while ago.


NIKKI HALEY, AMBASSADOR, UNITED NATIONS: It was a strong day for the United States, it was a strong day for the United Nations, and it was a gut punch to North Korea to let them know the international community is tired of it and we're going to start fighting back. All of us should be concerned about what's happening right now, but I think the signs that we're seeing in North Korea, they're concerned back.

Now, they see the international community standing with one voice. China didn't pull off, Russia didn't pull off. And all of the Security Council and the international community said, that's enough. You've got to stop it.

PERINO: The sanctions aren't sitting well with Kim Jong-un. The north is now threatening harsh retaliations. Meanwhile, American spy satellites have detected that country has moved anti-cruise missiles to a patrol boat despite Secretary of State Tillerson insisted that it halts all of these missile test and he's actually in the region. Kimberly, I asked the ambassador if she had to twist any arms to get to that vote on Saturday or Sunday. And she said yes, but she didn't give me any details that you can imagine.

GUILFOYLE: Oh, well, ask her back. Like get the rest.

PERINO: But really big win for the administration. In fact, a lot of the -- even the administration's critics had to admit that this is a really big moment that the United States was able to get this done.

GUILFOYLE: Absolutely. I think it's a tremendous achievement. We were just sort of talking off-camera here about what a great job she is doing. This is really a difficult position that she's in especially, you know, during this time and dealing with the geo-political arena, North Korea very unstable, very volatile. Definitely I think the number one National Security threat as it relates to the United States right now.

And, you know, it's imperative that they press on all fronts. You know, and one of those is in terms of the sanctions being levied against them. And also they have to engage in diplomacy like we discussed on previous shows. And then you can't rule out military intervention off the table either.

PERINO: I think that China actually might have gotten something that they wanted out of this, too, Jesse. Because remember last week it was Thursday that President Trump was supposed to give a speech about getting tough on China. And their trade practices. And that speech was pushed off with like no real explanation from the White House. And now putting two and two together I think maybe they told China, we will hold off on that if you vote with us on Saturday. What do you think?

WATTERS: Yes. We slapped about a billion dollars in sanctions on them, iron ore, seafood, coal and that's going to do a lot of damage. But at the same time, China can help them skirt that and they can still prop them up. Because China does not want a humanitarian crisis on their border, that's going to be dangerous. And they also don't like South Korea, the United States and Japan messing around in their sphere of influence.

So, China, I think next week is going to do some naval exercises as the show of force. We'll see what happens there. It's just like a bunch of people playing chicken. Hopefully no one miscalculates. Right now, Kim is basically the guy you play basketball against that talks a lot of trash but can't hit a shot but you have to guard him anyway because he could get lucky and bank one in. He talks a lot of garbage.

PERINO: Even I could dunk on him.

WATTERS: Yes. You know what? Probably true. Maybe if -- was there, he can give you a little hand. But I think a lot of the trash talk coming out of his mouth is basically for domestic consumption.

PERINO: Absolutely.

WATTERS: To make him look tougher. At the same time, he looks like a total loose cannon and we're fearful of that, because we don't want anything happening. But Trump I don't think is going to continue to play the tame. Especially when the missiles hit Alaska or potentially California.

PERINO: Well, even like they actually show now that the trajectory that they're on, that could hit New York City --


PERINO: -- within 34 minutes. Greg, the President earlier today tweeted, and you were wanting some tweets --


PERINO: So, you'll get one. He said, "The fake news media will not talk about the importance of the U.N. Security Council's 15-0 vote in favor of the sanctions on North Korea, but as he tweeted that, actually CNN was doing a story about that and actually giving them credit for it. Well maybe should just take the win on this one.

GUTFELD: Well it's big win, because the traditional practice with dealing with North Korea, instead of trying to solve the problem was always trying to make the problem go away temporarily while you were in power. Every President did this thing, if I could just get through four to eight years without dealing with this crazy person, I will do anything. I would use the phrase kicking the can down the road, but I banned that approximately 18 months ago.

PERINO: You can unban and re-ban.

GUTFELD: So this is a big deal, I mean you didn't just get 15 countries. You got Russia and China and America to agree on something. It's like the movie "48 hours," Eddie Murray was the convict, Nick Nolte was the cop, they banded together to fight that villain played by James Remar, but the point is that they got came together and they fought for something greater. I think that is great credit to Trump's administration that he was able to convince the world to make a change. This is a departure. Not to say it's going to be any less dangerous, but maybe it might -- this is an open door for something good. They made head way.

GUILFOYLE: Maybe he can build upon it. I think it's great to get that coalition going and everybody is saying we have to be united against this great threat, against the evil that North Korea poses for the world. Today may seem like the United States problems, tomorrow it's yours.

PERINO: Richard, I will give you the last word?

FOWLER: I'll take the last word.

PERINO: Ok. Go away.

FOWLER: This one is for the President. I hope he is watching in New Jersey. Maybe I'm the only idealist at the table, Mr. President, but here's the thing. They keep testing these weapons, now they have them on their boats. I think the sanctions were a good thing. But I think now is the time to have a conversation with the North Koreans. We have to --

PERINO: Secretary of State Tillerson said he would.

FOWLER: Absolutely. And I think we have to talk to them. Here's why. Because once they hit, if these test missiles hit, if they hit South Korea, Japan, own accident, that puts us in a war, a war that we cannot do right now, a war that could be miserable.

GUILFOYLE: We can do it.

FOWLER: But it could be a nuclear war.

PERINO: But make no mistake, the United States of America could handle this situation.

FOWLER: A nuclear war is usually assured destruction for the world.

PERINO: That is what the President is saying he will not let it get to that point.

FOWLER: I'm saying here, that we can be, we can sit down and figure out what this loon wants and what can we do to walk you away from the ideal of nuclear war.

PERINO: That is the idea of the sanctions.

FOWLER: No, but I think beyond sanctions, let's send Tillerson over there, look this guy in the eye, say what do you want to walk it back.

PERINO: They might get to that point.

FOWLER: If it's going to take China, if it's going to take the U.S., it's going take South Korea, sit in the room with him, say what does it take to get this done, let's do it, let's stop playing the sanction game, stop military -- keep the military there, keep the sanction there is and look him in the eye and have a conversation with him and say, hey, we know you're crazy but what will it take you to be a little less crazy.

PERINO: They don't think he is crazy, why they offer to reach out and talk to him.

GUTFELD: They could have the meeting and shoot him.

FOWLER: Let me tell you this, my mom said one thing, a broke clock is right twice a day.

PERINO: About you?

FOWLER: Everybody says that.

GUTFELD: Oh, Dana.


PERINO: Out of a job after a scandalous season of protest. If football doesn't work out for Colin Kaepernick, Greg has some series on what he can end up doing next, sty tune.


GUTFELD: The Miami Dolphins -- it's a football team, Dana --

PERINO: Oh, thanks!

GUTFELD -- just signed to Jay Cutler as their backup Q.B

PERINO: Oh, I know him!

GUTFELD: Good for you. Stay out of this.


As the controversial Colin Kaepernick remains untouched like a quart of expired milk. Some are calling this racist, but that's nuts. If I owned a bar and the hostess announces that she going to be protesting at work, I would fire her, because that is not the job of a hostess.

Cutler fits in with Miami. He had his best year under that coach when he was in Chicago. Meanwhile, Colin chose to fit in with activists instead. He used his work for political theater perhaps to take attention off his mediocre playing, to bring attention to his newly-minted political brand.

Speaking the fan, he ruined the 49ers. Not because of his politics, I don't care about. He disrespected the fans by making the game about him. He put himself before the team, the fans, and the owner who pays him. So Colin's to blame, not the owners.

Look, "The Five" is a show where the five express political opinions. We are five Colin Kaepernicks. What if I announced on "The Five" that I want to play football on the set while everybody else talks? It's a reverse Colin. I would be gone in minutes.

But Colin was applauded by many in the media for his risk taking. But what did he really risk in his waning years? Nothing much. My prediction, he'll land a book deal, ghost writer, honorary position at Evergreen College and regular appearance on Bill Maher. Maybe that is a social justice golden parachute that Colin wanted all along.

Kimberly, you're a 49er fan, Kimberly. Should -- well -- I can't even think about the 49ers anymore.

GUILFOYLE: Remember when they were so amazing?

GUTFELD: Montana. Lott Young.

GUILFOYLE: Roger Craig, Ronnie Lott. Oh my god, great. Remember the catch?

GUTFELD: Dwight Clark. Remember "The Catch."

GUILFOYLE: Make the 49ers great again.

GUTFELD: Yes, please!

GUILFOYLE: Not with Colin. Colin Kaepernick, it's your prerogative, this isn't entitlement NFL they want you they want you if they don't they don't. That is the breaks.

GUTFELD: I think, what do you think, Richard, 20/20 versus Trump, retire, enter politics, he has the name recognition.

FOWLER: So, I think Kaepernick is a better quarterback than Cutler, according to ESPN, there is a 55 QBR in 49ers were Collin has a 33 QBR in five games, number one. Number two, I think the Ravens haven't signed a backup quarterback yet, I hope the Ravens make the right choice in signing Kaepernick. Number one -

GUILFOYLE: Why, because he is that good?

FOWLER: I think he is -- because Falco is injured.

GUTFELD: Call him, come on, and give me a break.

FOWLER: Number one, Jersey sales go through the roof in Baltimore, I think he will fit in great with the city. Number two, I feel as though, like for the fact that people are making this big stink about Kaepernick expressing his first amendment right for not standing up during the pledge.

GUTFELD: At work, at work.

FOWLER: That is fine. I get that.

GUTFELD: For a game, for people --

FOWLER: I get that. But Tom Brady cheated and still played the game.


FOWLER: Mike Vick got arrested. I mean players -- one player had a murder case and then went back to the field. So for the vitriol for Kaepernick saying black lives matter when a player cheated in the game?

GUILFOYLE: Allegedly. They're also a lot better at playing than he is. Sorry, he is at the end of his career. Colin Kaepernick is no Tom Brady.

WATTERS: You made one point there, it was, the NFL sadly, you can abuse your wife and still play.


FOWLER: Can you cheat in the game and play.

WATTERS: The dolphins aren't anti-black, they're anti-idiot. This guy lost respect. And he is bad for team chemistry. He is bad for the franchise. These franchises are billion dollar businesses. You don't want somebody representing your business that is not going to ingratiate itself to the fan base. Colin Kaepernick wore a Castro T-Shirt. They're going to boo him out of there. The majority of the Miami dolphins are black. How is the Miami Dolphins racist? You know what, It might be a purely football decision. Cutler is more of a drop-back quarterback. He had a great year like you said, under his offensive coordinator quarterback coach in Chicago. He could gel there. He is more -- Kaepernick is more of a running quarterback. That is fine. He had a good season statistically last year in the 49ers team, 16 touchdowns, and only 4 picks. But they went 1-10. The guy is a loser on the field. He is a loser off the field, bottom-line.

FOWLER: How you call him a loser off the field? Everybody hates him.

GUTFELD: I got to go to Dana. I feel like this is another arena where identity politics invades and divides. It creates a prism that only allows for one perspective. It has to be racist if they do this. You have to hate this person, because of their skin collar. That is what identity politics does.

PERINO: When whatever decision you make couldn't be a business decision.


PERINO: Wasn't it just two weeks ago that the NFL made an announcement that said the reason that they did a studies the reason their ratings are down last year was because of Kaepernick.


PERINO: I will tell you, the Miami Dolphins -- do you want a successful team? I don't mean just winning. I mean do you want a team that is going to get fans to come out and play like -- Jay Cutler, he played for the Broncos that are how I know him.

GUTFELD: Yes there you go and he is married to Christine Cavalier. I read my People magazine, yes I do.

GUILFOYLE: Oh my god.

GUTFELD: For the articles, not the pictures.


Al Gore's new film is a flop at the box office. Will he demand a recount? That is next.

WATTERS: That was my line!



UNIDENTIFIED MALE: It is wrong to pollute and destroy the climate balance. It is right to give hope to the future generation. It will not be easy. We, too, will encounter a series of no's. But after the last no, comes a yes. And on that yes the future world depends.


FOWLER: Al Gore has a new warming flick in theaters. But it's not a hot ticket for movie-goers. "An Inconvenient Sequel: Truth to Power" came in 15th on its first weekend. Sabotage to blame? That is one Gore fan is arguing saying that, Paramount botched the release. I have to tell you, I'm not a big fan of sequels, and I've said that before, Greg. I think it's just suffering from the sequel blues. What are your thoughts?

GUTFELD: Technically, if he was right in the first movie there wouldn't be a sequel, we'd all be dead. I blame this film bombing on climate change. The warmer climate has more people outside instead of being in the theaters. In five years I predict all movie theaters will be under water. By the way the reason it didn't work is sell a tree undermined the crusade. If he hadn't been so historical and gotten so many things wrong, he might have helped this issue instead of undermining it. He is the biggest problem issues with climate change.

WATTERS: Always, hot air.

We'll be right back.

FOWLER: I believe that climate change is real. And I think the more, there's more heat, ice melt, it worsens weather, Jefferson Parish, awful flooding in New Orleans and throughout.

GUTFELD: You can't link to extreme weather incidents to climate changes. Studies do not link it. You can't link extreme weathers incidents to climate change.

FOWLER: We should all be praying for the people of New Orleans.

GUTFELD: Don't try to change on it me and say I'm being mean.

PERINO: One of the things I think that if you want to be successful, don't narrate it yourself. He has enough money to be the executive producer, something like step back. Actually let it be compelling. Who could listen to that? Who among us? Not me. I blame Colin Kaepernick.


GUILFOYLE: He is to blame for having.

FOWLER: I now you think climate change don't exist, we'll start there.

GUTFELD: Don't put words in my mouth, Richard.

FOWLER: That is what you are going to say?

WATTERS: Climate does change. It changes in the fall, in the winter, in the summer.

GUILFOYLE: That is the seasons.

WATTERS: That is right.

FOWLER: That is not climate change.


WATTERS: The movie came in 15th at the box office, basically, you know, where global warming ranks among issues Americans care about. At least he still has current TV. Oh, wait that is right, he sold to it a bunch of oil kings. I forgot about that one.


And the emoji movie beat it.

PERINO: I would imagine that.

FOWLER: My mother use to say, help me accept the things that I cannot change. Jesse, I will never convince you that Carl -- Jesus said it. My mom taught me that prayer.

GUTFELD: You are giving credit to your mom on everything.

FOWLER: Yes, but she is watching tonight. My mother knows climate change is real.

WATTERS: Hi Mrs. Fowler.

GUTFELD: I know, I know, I sat right next to her.


FOWLER: Kimberly?

GUILFOYLE: Yes, hello. What do you want me to tell you? Poor Al Gore, he is like Groundhog Day. It is just the same type of thing keeps happening over and over again. Recount this one all you want it's still a flop. Paramount is trying to give it a boost by pushing it, pushing the climate propaganda to additional 500 theaters. That can't say --

PERINO: Not going to be good in New York it's 65 degrees and raining today in August.

GUILFOYLE: Oh my gosh, it was brutal.

FOWLER: For the record his first film was an Oscar winner.


FOWLER: It went around the world.

GUTFELD: Riddled with false hoods.

FOWLER: The entire develop world into third world countries, they know that climate change is real.

PERINO: We aren't saying it's not real.

GUTFELD: We're just saying he destroyed it --

WATTERS: And one more thing is up next.

GUILFOYLE: It's time now for one more thing and also happy birthday from the five.

WATTERS: Happy birthday. Look at the camera.

GUILFOYLE: There you go. This is an amazing job herding these cats around here. And all right. It is time for one more thing. Today marks Purple Heart day and we want to take a minute to honor all of the brave men and women who have received the award given to those wounded or killed while serving in the United States military. It was originally introduced as a badge of military merit by George Washington on this day in 1782 and officially became the Purple Heart as we know it today in 1932. President Trump tweeting on Purple Heart Day, I thank all of the brave men and women who sacrificed in battle for this great nation, USA, in behalf of the grateful nation, we thank all of you and your families for the sacrifices that you make. Thanks.

GUTFELD: I have an article in it is called Ethics Hipsters are the New Puritan and bunch of other fools. All right, time for this.

Gregg's nutrition tips. As you know, bread is high in carbs. And you want to lose weight you got to reduce your carbs and your bread. Much better just to exercise on the bread, like this little fellow here, check him out. This is Herby the hedgehog. He lost three ounces doing ab-crunches on his slice of bread.

GUILFOYLE: That is a piece of bread?

GUTFELD: that is how tiny he is, look at this guy oh. Look at him. You are melting, aren't you? And everyone at home is freaking out over this. This is the greatest hedgehog video of all time. I have a collection of hedgehog videos and some not safe for work.

GUILFOYLE: That was fascinating. Dana?


PERINO: One more thing tomorrow. It is going to be amazing, because there has been a winner in the Westin County junior rodeo. We'll have picture and video. We hope that momma gets it to me. What is the worst thing that happens to you like every couple of months when your computer tells you have to change your password? You hate that, right. So this guy Bill Burke he created the whole like thing like doing the capital letter and number. He said it is a waste of time. He now regrets it. Just don't do that anymore just do a long easy to remember password and said forget I ever said that. I don't use password as your password.

FOWLER: That is amazing.

GUILFOYLE: Will it affect your security?

PERINO: People are not doing it. And don't try my old method. I know it is hard and do something smart.

WATTERS: Remember how rolling stone, Justin Trudeau the Canadian Prime Minister. I wish he was our President. This manly guy cap sized in a kayak, real cool. Life vest and cap sizing and not the most manly display I have ever seen as the leader of Canada.

PERINO: And that is a picture.


FOWLER: We don't reward by partisanship outside, I thought we do it now. Tonight by partisanship award goes to Senator Rand Paul and Senator Harris. Together they've created the pretrial integrity and safety act of how we do jail and how we do bail. What this bill does, it forces states to rethink how they do bail. Instead of using money, they actually use risk assessments. Is the person a flight risk, they make assessments, they have conversations with individuals.

WATTERS: Maybe repeal ObamaCare instead?

FOWLER: This is actually good stuff. Actually what they do is they get it done.

GUILFOYLE: All right. We have to go. Set you DVR and never miss an episode of "The Five." Hannity is up next.

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