Senate Democrats, protesters try to hijack Kavanaugh hearing

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This is a rush transcript from "The Five," September 4, 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 Katie Pavlich, Juan Williams, Jedediah Bila, and Greg Gutfeld. It's 5 o'clock in New York City, and this is "The Five."

Chaos on Capitol Hill, Democrats and protesters turning the Brett Kavanaugh hearing into a three-ring circus. President Trump reacting minutes ago on Twitter saying: "The Brett Kavanaugh hearings for the future justice of the Supreme Court are truly a display of how mean, angry, and despicable the other side is. They will say anything, and are only looking to inflict pain and embarrassment to one of the most highly renowned jurists to ever appear before Congress, so sad to see."

Senate Dems hijacking the hearing just seconds into it over a dispute about the release of the Supreme Court nominees records, claiming they haven't had enough time to go over them:


SEN. KAMALA HARRIS, D-CALIF.: Forty-two thousands pages of documents that we have not had an opportunity to review or read or analyze.

SEN. CHUCK GRASSLEY, R-IOWA: You're out of order. I'll proceed.

HARRIS: We cannot possibly move forward, Mr. Chairman.

GRASSLEY: I extend a very warm welcome to Judge Kavanaugh, to his wife, Ashley.


SEN. RICHARD BLUMENTHAL, D-CONN.: Mr. Chairman, if we cannot be recognized, I moved to adjourn. Mr. Chairman, I moved to adjourn. We have been denied real access to the documents we need.

SEN. CORY BOOKER, D-N.J.: What is the rush? What are we trying to hide by not having the documents out front?

SEN. MAZIE HIRONO, D-HAWAII: It is regular order for us to receive all the documents. To receive all the documents that this committee is entitled to.


WATTERS: Wow. The RNC calculated Democrats interrupted over 60 times. And when they weren't doing that, Capitol Hill police arrested roughly two dozen demonstrators for rowdy disruptions like this.


SEN. JOHN CORNYN, R-TEXAS: Alexander Hamilton wrote in The Federalist papers.


CORNYN: Mr. Chairman, can I pause there until the room is cleared.



SEN. ORRIN HATCH, R-UTAH: Mr. Chairman, Kavanagh is one of the most distinguished judges. Mr. Chairman, I think we ought to have this loudmouth removed.


WATTERS: Let's bring in Bret Baier and Dana from Washington, D.C., near all the action on Capitol Hill. All right, Bret, we begin with you. We're hearing that the senate Democrats coordinated the disruption with some of these protesters who I believe were from the women's march, mostly, as you remember, what does that tell you about the level of energy on the left with regard to this Kavanaugh hearing?

BRET BAIER, FOX NEWS: Listen, they have not done a great job galvanizing the opposition, and they know as it stands right now that Democrats don't have the votes to block this nominee if, as expected, all the Republican stand firm and they vote for him. And Democrats, even there are a few red state Democrats, who are considering, you know, voting for him. So they know that they have -- the votes don't go on their way. We know for a fact they coordinated as far as the beginning of the opposition to say they didn't needed more time, a number of different, written -- prewritten statements that you could see all the senators reading. As for the protesters, that now is a normal thing that we have seen really for the past 31 years since Robert Bork's nomination.

WATTERS: Yeah, it usually just happens with the Democrats. I don't know how they think that can galvanize any independents, but I guess they're not trying to galvanize any independents. It's just the left wing base they need to play, Kate. We'll begin with some questions and go around the table. Greg Gutfeld has a question for you, Bret.

GREG GUTFELD, CO-HOST: Hi, Bret. Good to see you.

BAIER: Hi, Greg. Good to see you.

GUTFELD: I have a theory that most of these hearings are like kids playing soccer. There's just no score until the end and then you settle it with like penalty kicks. Nothing matters. We know what the vote is going to be. We know how this ends. Why don't they just adjourn and call for a floor vote? Why do we keep doing this kabuki clown show? It's a rolling tantrum. We know that the people aren't going to vote for him aren't going to vote for him. We know the people who are going to vote for him will vote for him. We know that now. Why are we wasting so much time and energy on this garbage?

BAIER: Because advice and consent is basically their role. They need to go through the confirmation hearing. They need to ask the nominee questions about his record. You're right. I mean, even the Democrats on the committee, Cory Booker and others, conceited. They were a no-vote weeks ago as far as getting more documents to be transparent. They've already made up their decision. They're saying it is for the benefit of the American people. I see what you're saying. It's the way that they go through these things. I think one of the most interesting speeches today was Ben Sasse, Senator Ben Sasse who basically gave a schoolhouse rock of the three branches of government, and the role that the legislature is supposed to play, article one of the constitution. And he's going to be on the show tonight, we're going to ask him about all that.

GUTFELD: Nice plug.

WATTERS: All right. We'll be tuning in there. And I believe we have Dana Perino up and ready. There she is. Dana from Washington.


WATTERS: . D.C. How are you? I just have a quick question, you know -- I know you have a lot of inside sources over there on Capitol Hill. What are you hearing? Who do you feel won? Do the Republicans think they had a good day or did the Democrats think -- because they created all this drama, did the Democrats feel like they scored big at today's hearing?

PERINO: Well, I think the Republicans think that they are playing a longer game, so they're looking right now. The reason we have these hearings is, as Bret said, it's just part of our process. But if you're a Republican and you're in the Trump White House, you're thinking, well, four days of a hearing for a lifetime appointment to the Supreme Court, not so bad. I think the Democrats might have thought they got some shots in today but they're kind of ephemeral. I would say this, the Democrats spent a ton of time today talking about process. And in my experience, if you're talking about process, that probably means you don't have much else to go on and it doesn't last very long because as soon as we get into the hearing tomorrow where you have the nominee finally answering questions that are, hopefully, of substance, then the process questions will probably fade away. The Democrats have decided that they had to do something to show that their base that their willing to fight. They've had nine weeks. They have not come up with a coherent, long-lasting argument against Brett Kavanaugh. They're just against him overall. I do think it was interesting, Jesse, that the Democrats never seem to be mad at Senator Harry Reid who made the decision to break those protocols years ago, and that has led to this moment where you only need 51 votes to confirm a Supreme Court nominee. The Democrats best hope would be to try to win more elections, of course. But what they did today, Jesse, is they put Democrat senators in red states, those ones who are up for reelection, in a real bind. They already have it tough. It does not make it easier for them.

WATTERS: Yeah, Indiana, West Virginia, Missouri, even, all red states that the senators could be in tough trouble. Jedediah is here in your seat, Dana. And she has a question.

JEDEDIAH BILA, GUEST CO-HOST: I'm in your seat. I'm trying to hold up the Perino fort over here.

PERINO: At least your feet will touch the floor.

BILA: Barely. Barely. Almost. I do have the pillow, though. You know I wanted to ask you, one of the funniest things to me today was that Democrats were trying to paint it like they didn't have enough information to make the decision. Like, oh, if we just had a little bit more information about him, it might sway the tide and we might support him. While you have Cory Booker, while he's saying those things, sending out fund-raising email saying stop Kavanaugh. And I'm sure that was going for many Democrats across the board. Why is this a strategy they use? Everybody knows that these Democrats already on record saying they're not going to support him. Why go this route?

PERINO: Well, one, is that if you're running for election in 2020 as a possible presidential candidate, then you want to make sure that you're on a record. They also did it because Chuck Schumer, yesterday, apparently, held a conference call where they organized this sort of protest against Grassley based on the process points. But also, you know, to be fair, what Senator Booker is saying is that I've already decided I'm not going to vote for you, but it is my duty to uncover everything I can so that my constituents have full information. Again, I agree with you, it is futile if you're already going to vote against him. And I thought at the beginning when they started that, that Senator Grassley could have said, oh, Senator Hirono, you are open-minded on Brett Kavanaugh. That's great. What can we do to help you get to a yes? And she would have said there's nothing you can do.

BAIER: You know what's interesting, Senator Grassley at first on twitter and elsewhere, was getting a lot of grief for not like throwing down the gavel and saying all right, that's enough. Just move forward. His M.O. was to let everybody air out their grievances, let it play out, and then move on. And frankly, he got control at least of the Democrats after they kind of air out all that they were going to do.

WATTERS: And there was an interesting moment there. I believe it was a father of one of the Parkland School shooters, his name, the dad, Fred Guttenberg. And there's an image that's going around the internet when Fred tried to approach the nominee and tried to shake his hand afterwards. And it's being played in the media as the nominee rejecting the handshake of a Parkland shooting victim. But if you see the video, and I want you guys to react to that, it was a chaotic, quick moment. And the video shows Kavanaugh kind of being confused and having someone come after him with an extended hand. And, you know, the hearing had been very rowdy all day. And, you know, security kind of stepped in and he moved into a different direction. This now, this gentleman, and we have, you know, great empathy for him because he lost his son, is on CNN and MSNBC tonight. Is this a moment you think that, you know, is going to make an impact with these hearings and in the rest of the country?

PERINO: I'll go first if that's OK, Bret. So, as soon as I saw that posted, I thought they're going to try to make a really big deal out of this. I know Brett Kavanaugh personally. And, actually, if you look at the character witnesses from both sides of the aisle that have spoken about what a great man he is, that this is not something that Brett Kavanaugh would do if under normal circumstances. I don't think he knew what was happening. You're right, Jesse, if you're watching the hearing this morning, every 2 minutes there was another yell and a scream and protester. His children had to be escorted out during that period. And when they go to take the first break, he's been sitting there for three hours. His back is turned. The man comes up to him. I have no doubt in my mind that had he known, he would have been willing to shake his hand, but when the security, like, let's go because you don't know what is happening in the room, I have to give him the benefit of the doubt. But I would not underestimate the power of an image like that and especially in the age of social media for it to get around and for them to try to make it stick.

BAIER: Of course, yeah. And, in fact, Senator Kamala Harris is already tweeted out saying if he can't shake the hand of a victim of gun violence, why can't -- how can we be sure that victims will have a say in the court. Listen, as you see in the video, it's even slow down. It's only a second long. The still image is obviously right there. But it had been a morning full of protests. And let's not forget that this is a Supreme Court nominee who now has a lot of security. And it is, you know, it's a precarious time. And he doesn't know who's walking up from the outside. So it lasts a second. I think that there will be a lot made of it. But in context, it's a different story.

KATIE PAVLICH, CO-HOST: Dana -- all right, Katie Pavlich here, good to see you, watching you all day when the hearing wasn't on. Can you talk again about the character witnesses? I think there's been a lot of attention paid to what Democrats were doing today, some of the things that they're saying, some of the smears that they've lobbed toward this nominee. Kamala Harris essentially accusing Brett Kavanaugh of being racist and not applying the law equally and fairly depending on who he was -- who was in front of him in terms of his decisions. You had Lisa Blatt who's a self- described feminist attorney on the left, talking about her experience with him. You had Condoleezza Rice, who you work with, saying that she, hands down, could vouch for his character and his integrity and saying that he seeks truth and facts. Can you just talk a little bit about how important those statements were that came at the end of the day?

PERINO: Well, I think that -- such a contrast to what you saw earlier in the day with the senators, right? So when you have, finally, you get the nonpoliticians there to just say I'm here to introduce somebody that I know and that I care about, that I believe in, and you can take it from me or not but this is what I believe. Those are very credible people that have come with a lot of integrity and decency. So I think that that helps a lot. There's a few other things, remember, the ABA, which is pretty left leaning, the American -- excuse me, the lawyers association, gave him a well-qualified rating. That's their highest rating. But also, if you look at his decisions over the past 12 years on the D.C. circuit court, his colleagues, both Democrats and Republicans, have been appointed for those lifetime appointments. They've voted with him or sided with him about 90 percent of the time on average. So that says to me that he's ruled for and against Republicans and Democrats, and that he just looks at the law. And in his opening statement, he said the same.

WILLIAMS: So, you know, I'm watching, so I think you guys are making so many excuses for this nominee, but the fact is.

PAVLICH: Like what?

WILLIAMS: Well, I mean, it's incredible to me that the Republicans dumped 42,000 documents the night before hearing and you guys don't say, well, you know, that's not fair. You know, who can read 42,000 documents overnight?

GUTFELD: They're not going to read them, Juan.


WILLIAMS: That's just beyond.

GUTFELD: It's like Obamacare.

WILLIAMS: . the most memorable thing was, as you say, not only that he snubbed the guy by not shaking his hand, but then you had these women in the back dressed like handmaid's tale and they're saying, you know.

PERINO: That was the most memorable thing?

WILLIAMS: That was one of the most memorable thing to me because what it's saying is if you look at the issues here, you look at a guy who was a political activist, not only working in the Bush White House but working with Ken Starr on the Clinton impeachment, coming right after President Trump is attacking Jeff Sessions in the Justice Department, and here's a guy who has said I'm not sure we can follow the president with any criminal or civil matter while -- so maybe we should leave him alone. You don't mention this.


PAVLICH: That's a lot. Juan, do you have a question?

WILLIAMS: . American people are ask right now about this, and I'll put this to you both. You see that there's less support for this Republican nominee then there was for Gorsuch. I mean, it's unbelievable. Why is there only, I think it's 39, 38 people saying he shouldn't be confirmed.

BAIER: Yeah, two answers. One is -- I think a lot of the people polled so far haven't known him, or met him, heard from him. Today his opening statement was probably the first time that they had heard from Judge Kavanaugh. Two, you're right, the 42,000 is a legitimate question, but they didn't have to ask questions today. The questioning is tomorrow. So they have 24 more hours to look at the 42,000 documents and they can ask a lot of questions based on that. It is -- it was released by the national archives last night. And three, is that -- listen, the votes are not there. And so when you look at 307 opinions, judge Kavanaugh said read the opinion. That is the judge I am. And even praised Merrick Garland in his opening statements.

GUTFELD: Can I jump in here real quick because Juan brought up a good point, the handmaid's tale character. This is suggesting that if you -- if Kavanaugh makes it, America is going to become a dystopian disaster filled with misogyny and forced pregnancies and brutality against all women. The old Democratic Party would have seen that as hyperbole. Now it's just meat and potatoes. This is exactly what they believe. This is what happened, what Bret mentioned the Bork, it started with Bork and it's just gotten worse. Every time when Republicans put forth a nominee, it's a circus.

WATTERS: All right. Well, Gutfeld is fired up and we're going to discuss the Kavanaugh hearings later in the show. Bret, Dana, thank you, guys, very much.

PERINO: Good bye.

WATTERS: Up next, Joe Biden tries to rile up midterm voters with some more unhinged rhetoric. Greg is on it next.


GUTFELD: So, Joe Biden, what's at stake in the midterms, everything?


FORMER VICE PRESIDENT JOE BIDEN: Everything. It's simple. Everything. We're in a fight for the soul of America. It's about time we restore dignity to work, it's about time we start talking each other like we're civilized. And deal with one another with respect.


GUTFELD: You know he's right. It's about time we started being civil to each other. Why I can remember like it was yesterday when a bright young star fresh into hair plugs had this to say about his Republican opponents:


THEN-VICE PRESIDENT JOR BIDEN: He's going to put you all back in chains.


GUTFELD: They're going to put you all back in chains, he said to a diverse crowd. What's he trying to suggest there? Could that be one of those "dog whistles" we keep hearing about? But, hey, we all make mistakes. But the biggest mistake is to pretend that before Donald Trump all of our politicians were dignified figures who treated each other with respect. Sorry, every politician was just as bad if not worse than our current crop. They were just better at hiding their dirty tricks and better at having their henchmen sling the mud for them, spreading rumors about troubled wives, illegitimate kids, drinking, pills, animal cruelty, bullying, and, of course, not-so-subtle accusations of racism. And, as always, the media helped.

Yes, Trump insults you. We get it. But the political hacks who condemn him now did so much more into each other. They only forgave each other over it because they knew they were all as guilty as sin.

So while it's nice to hear about the good old days of bipartisanship, remember that's just code for losing. All the phony hugs dissolve like butter on a hot plate as you just saw on the hearings as one side paints the other as evil and the media will sit on his hands because they set the stage for it.

So save your lectures on respect. It disrespects us.

All right, Juan, people always talk a good game about civility but they always forget their uncivil moments. When he says Republicans are going to put you all back in chains, that's one of the worst things you could possibly say.

WILLIAMS: Why's that, because it's the truth?


WILLIAMS: If that's your point -- if that's your point, I bought it. You know, here's the thing, Greg. You know -- I think you are right, by the way, that politicians have always played dirty, right?

GUTFELD: Yeah, exactly.

WILLIAMS: They've always had. But here's the difference. I think that Trump has taken away so many norms. I mean, like today, going after your own attorney general.


WILLIAMS: That's unbelievable, right?


WILLIAMS: But you remember, he went after John McCain. I think even you said that's really unbelievable.

GUTFELD: Yeah. He found out two other people had done it before him.

WILLIAMS: Well, I know. But to go after a prisoner -- an American prisoner of war, that -- is despicable.

GUTFELD: It was a roast joke.

WILLIAMS: You all think it was a joke. I think what he said there in that moment was a guy who was in a political primary race and decided he did not like criticism coming from John McCain who is.


WILLIAMS: . he saw as holier than thou because.



WILLIAMS: So he is tearing down norms. And what we saw just this weekend at the John McCain funeral was people stand up and you hear, not only Obama, you'd hear Bush. I could go on. All of them saying we want America back. And Meghan McCain said famously.


WILLIAMS: . you don't need to make America great again. America has always been great. But this guy is tearing us apart.


GUTFELD: It's an interesting point because it's seen by his Trump's absence. He had a bigger presence at that funeral than anybody because they were so fixated on saying, hey, you, it's all about you when they should have just ignored him.

PAVLICH: Yeah, the rent free living of Trump in many, many people's minds is amazing. But you talk about norms, right? Well, it's used to be that the norms was, people like Joe Biden could say horrible things like Republicans want to put people back in chains and get away with it because conservatives were the ones who are supposed to rise above and be civil and they weren't going to respond. This is the Mitt Romney mode.


PAVLICH: And that's respectable, but Trump came along and said no, no, no, we're going to fight back. We're not going to sit here and take these false accusations anymore, and we're going to say things back to you because the left has been getting away with it for 30 years, these false smears that they lobbied against Republicans and Trump is finally fighting back.

WATTERS: Then this is why Joe Biden is not going to win the nomination because he doesn't understand his party. His party does not want civility. His party wants to disrupt hearings and chase people out of restaurants and cut off the president's head if you're in Hollywood. So, that's why he's going down big time. And the Republicans, it's a gut check. It is -- it's a fight for the soul of the country. You have to look at all the positive accomplishments. And if you're Republican, you have to take all the distractions, the Amorosa stuff, and the books, and the tweets, put those aside and think, do we want a Democrat-controlled house because that's going to lead to impeachment. I would say this to the president he needs to rise above all this stuff. Do a speech at Mount Rushmore. Go to Cape Canaveral. Ring the bell at the New York Stock Exchange. Go to the south side of Chicago. Put the noise down here. Be presidential. And then, kick it into high gear.


WILLIAMS: Your guy is not capable of acting like a president.

(CROSSTALK) BILA: Of all these people, though, the funniest part is like Joe Biden asked like there's no YouTube. There's tons of videos out there of him doing the exact opposite.

WATTERS: He said he wanted to punch him on the face the last time.

(CROSSTALK) PAVLICH: Just kidding. I don't really want to fight him. No, you don't.

BILA: And one last, Katie, what I've said to you a million times, if Democrats have to do this, they have to own the soul of America, what does that even mean? They're losing. They don't have a pro-growth message. They can't beat on Trump for the economy because the economy is doing better. Now they're going to say Trump hates immigrants, Trump hates women like Romney had the binders full of women. It's old. Go out there. If you want to win an election, go out there with a positive message. Don't try to pretend like you're civil. All of a sudden, the party is civility now? Like it's the party that cares about character? Bill Clinton and Ted Kennedy's party? Come on.

WILLIAMS: Jedediah, how can you argue that this guy who is talking about grabbing women by the genitals is a decent person.

BILA: I'm not arguing anything.


WILLIAMS: I will say this to you, the numbers right now prove to you how wrong you are that the polls are growing wider and wider.


GUTFELD: All right, Nike loses billions after making Colin Kaepernick the face of its new campaign. That's ahead.


WILLIAMS: Some outrage after Nike picks Colin Kaepernick as the new face of its 30th anniversary "Just do it" campaign. The controversial quarterback is featured in the ad with the message, quote, "Believe in something, even if it means sacrificing everything," end quote.

The backlash is firing up social media, many calling for a company boycott, some burning Nike products. And the company losing $4.2 billion in market capital today.

Jesse, what do you make of this?

WATTERS: I bet the NFL is not too happy that Nike just dropped this hand grenade right before the beginning of the season. I don't think Colin Kaepernick is a hero to be promoted. I think the cops that he was mocking on his socks as pigs, those guys are the heroes.

And the fact that Mahmoud Ahmadinejad and John Brennan of the CIA came out and support of this guy makes me think I'm taking the right position.

I know from NFL sources that the boycott here is going to be huge. They're worried about this. People are sending sneakers back. They're burning stuff. This was not a very good P.R. move by Nike. There's a lot of better athletes to promote.

PAVLICH: Like, there's too ways this could have gone. They could have ran [SIC] the numbers and said, "OK, we're going to alienate the huge market share, and we're OK with that. We're just going to go after the part that agrees with us."

Or they're in such a bubble that they didn't think this would be a problem, that they would be celebrated as heroes. Now, if being praised by Ahmadinejad is your version of betting a high five and "attaboy," go for it.

But the good news is that this is America, and there are a number of other places where you can buy your shoes and your athletic apparel, if you so choose to, based on their choice to elevate Colin Kaepernick, who has sacrificed nothing, by the way. He was offered multiple contracts with a number of teams. He sacrificed nothing to get into the position he is now.

Nike has been paying him since 2011 for doing these things, so through all of the kneeling and the disrespect and the pig socks. So the free market is a wonderful thing, and we'll see how this runs out for Nike. Today was not a good day for them.

BILA: I'm always curious, though --

WILLIAMS: Well, hold on a second. I think -- I think people like Beto O'Rourke, the Senate candidate in Texas, have stood up and said that it's totally American to have protests in this country.

PAVLICH: Yes, so burning Nike shoes is American, too.

WILLIAMS: And you have people -- that's right.

GUTFELD: Was he driving when he said that?

The people -- the people who are saying, "Oh, Colin Kaepernick shouldn't protest," they're protesting Nike. So I mean, that seems hypocritical.

WATTERS: Not during the anthem.

PAVLICH: Not during their -- their jobs.

BILA: That's a great point. Because some people view him as a hero. Some people view him as this horrible person who's anti-American. That's fine. People can have their opinion.

But my question is why -- why pick somebody so controversial? I'm curious when businesses have these decisions to make it these pivotal times. There's plenty of people that you could pick that haven't made, you know, very distinct political or cultural statements that are divisive.

Why run the risk that half of the people around the country that could potentially like or buy your products are going to be marginalized by this? Are they so confident that the half that agree with them outnumber the half that don't that they would make a decision?

And I just -- I can't for the life of me figure out, as a business decision, why you would go this risky route when there's an opportunity to not do that. And so many people have been on record, not just the president of the United States, but so many people have come out, former members of the armed forces have come out and said this doesn't sit right with us, this statement by Colin Kaepernick, what he's been doing. So why go this route?

WILLIAMS: Well, I think he has fans. And Greg, what do you think?

GUTFELD: I think for the media and for Nike, the story is not about the initial story. It's about the reaction to the story.

They already knew what they were going to get, and they don't care about the other half. Nike understood it's about what -- it's what's happening here at this table. Because what they're getting is they're getting a buttload of free press without ever having to buy an ad. It's a great controversy. Nike's always been kind of controversial, and he might actually fit with their brand.

But what it tells other people is, "You're not my brand, then, and I'm going to move on." But Nike doesn't care about us. They don't care about our viewers. All they care about is these stories, getting us mad.

That's why I think the best response to this is two words: Who cares? I don't care. That's three words. I really don't care. That's four words. I really don't care. You can have them. And he's a winner. He just made millions. I mean, talk about a capitalist.

WATTERS: But remember what Michael Jordan said: Republicans buy sneakers, too.

WILLIAMS: Yes, but I think that Nike is standing up for what they see as their values. And I remember they're the ones that pushed Michael Jordan, made Michael Jordan and Air Jordans into a national sybol. So let's watch.

Next, Republicans accusing Democrats of grandstanding during today's contentious Supreme Court nominee hearing.


HARRIS: What his record that we've been able to see shows is what guides this nominee is partisanship.




HARRIS: What his record that we have been able to see shows is what guides this nominee's partisanship. This nominee has devoted his entire career to a conservative Republican agenda.

BOOKER: I am upset about the process. And this is not manufactured outrage.

I've talked to Republicans and Democrats. They're fearful about where the Supreme Court is going and what it will do.


GUTFELD: No, he hasn't.

PAVLICH: I am also upset. It seems like potential 2020 Democratic presidential candidates were using today's Supreme Court nominee hearing to raise their profiles. Republicans ripping Senate Democrats like Harris and Booker for grandstanding.


HATCH: We have folks who want to run for president and want their moment in the spotlight, who want that coveted TV clip.

SEN. TED CRUZ, R-TEXAS: It's not about documents. It's not about qualification. It's not about record. What it is about is politics. It is about Democratic senators trying to re-litigate the 2016 election and, just as importantly, working to begin litigating the 2020 presidential election.

SEN. LINDSEY GRAHAM, R-S.C.: To my friends on the other side, you can't lose the election and pick judges. If you want to pick judges, you better win.


PAVLICH: Juan, do you have the phone number for the acting coach that's helping Kamala Harris and Cory Booker? Or is that, like, top-secret information?

WILLIAMS: Or how about the -- whoever is helping these Republican senators pretend like, "Oh, gee. This is all -- you know what? It's all grandstanding on the Democrats' side." There's no issue here with Merrick Garland being blocked for an entire year from legitimately allowing him to have a hearing. Oh, why mention that?

PAVLICH: He praised Merrick Garland in his opening statement, which he finally got to at 4:30.

WILLIAMS: Oh, yes. Right. So they want to pretend somehow -- this is the real acting class -- "Oh, this judge is just an umpire. He's not going to do anything. He's just a normal guy; he loves his family. He's a good Catholic.

"Oh, abortion rights, gay rights? Oh, he never said a word. So what? Pretend like nothing's going on."

Republicans are involved in an act of fraud when it comes to this guy.

PAVLICH: Wow. Quite a statement.

WATTERS: Juan, I do -- Juan, I do have to take issue with the Democrats are doing here. Peter Strzok, you say his personal beliefs won't affect any of his professional judgment?

WILLIAMS: It didn't.

WATTERS: OK, OK. So then Kavanaugh's personal beliefs, they shouldn't affect any of his professional judgment.

WILLIAMS: But they have.

WATTERS: Boom. All right, Juan. Good night.

GUTFELD: Jesse, you can leave now. You don't even have to do any more work.

WILLIAMS: But the thing is, Jesse, when you're wrong --

WATTERS: What is the thing?

WILLIAMS: -- you're so wrong.

WATTERS: OK. That's not a comeback, Juan. That means nothing.

WILLIAMS: There is an example -- there is a judicial record of how the man votes.

PAVLICH: You keep talking, but I don't know what you're saying.

WILLIAMS: And even with a young woman who was an immigrant, you can read what he thinks about abortion rights.


PAVLICH: All about abortion.

WATTERS: Speaking of immigrants, there was a woman who was sitting behind the nominee, Kavanaugh, today. And I believe she was born in Mexico, and her parents escaped death camps in World War II. Her name is Zina Gelman Bash, and she has her hand in a certain position there.

The left said she was making a white supremacist signal with her hand. It went all over the internet. And this is the kind of stuff these people have to deal with. Hateful B.S., Juan. That's all you guys have.

WILLIAMS: No, you know what it is?

WATTERS: Screaming -- just interrupted me here.

PAVLICH: I think Greg should comment on this.

GUTFELD: We have an interesting contrast going on here. Last week, we saw a funeral in which we were instructed that we could all be civil. Like -- just like the good old days.

We now know that it was all a lie. It's a lie, and we were lectured on civility by these people, a bureaucracy that the moment they have an opportunity to gain something, they turn on each other.

And it's amazing how the media works in tandem with the Democrats on this. They set the table. They say "expect sparks to fly!" in order to make the over-the-top hyperbole reaction to a benign judge. This is a benign judge. Seemed totally required. He is now the antichrist. He's Satan. He's -- he's Trump. He's Hitler. He's everything put together. They guy has no way. The guy's --

PAVLICH: Jedediah, last word. There you go.

WILLIAMS: If you care about health care in this country, if you care about abortion rights, this is not a guy --

GUTFELD: I care about -- I care about unborn children.

BILA: That's not what it was. Why is that the thing? Everyone at home was sitting home, and me sitting here, saying get to the questions. It was the Kavanaugh hearings. The only person you didn't hear from from was Kavanaugh, because everybody else was too busy grandstanding.

It's not a left -- it's not a left problem or a right problem. These senators love hearing themselves talk. It's not about them. Enough is enough. Forget the media clip. Forget your run for the presidency come and get to Kavanaugh.

PAVLICH: All right. Well, next, golf fans forced to do a double take after Tiger Woods' look-alike crashed the golf course.


BILA: A couple of videos we can't get enough of. Golf fans getting a chance of a lifetime to meet Tiger Woods until they realized it wasn't actually him.


UNIDENTIFIED MALE: And there's a Tiger look-alike right there.

UNIDENTIFIED MALE: Wow! How about that? That fooled me there.

No. I will get back out to playing in the second.

UNIDENTIFIED MALE: That's too good.


BILA: Pretty amazing. And then there's former House speaker John Boehner living his best life since leaving politics in 2015.


JOHN BOEHNER, FORMER HOUSE SPEAKER (singing): Zip-a-dee-doo-dah, zip-a- dee-ay. My, oh, my what a wonderful day. Plenty of sunshine coming my way. Zip-a-dee-doo-dah, zip-a-dee-ay.


BILA: He's not a bad singer either. Greg.

GUTFELD: Funny thing is, he's -- and he's not wearing any pants.

BILA: Really?

GUTFELD: That's why he's enjoying himself. And there's stuff that's going on in that 'bago. Oh, man. It leaves a trail of tears.

BILA: I totally get it, though. I totally get John Boehner, you know, he's out now. He doesn't have to answer to anybody in politics. He's doing his thing. Don't -- I mean, aren't you a little envious of him right now when you see that?

WATTERS: Yes, I envy John Boehner. I mean, what, did he invest in medical marijuana? And all he does is drink wine and lobby for a lot of cash.

BILA: Looks pretty happy.

WATTERS: Sounds great. And the House is about to flip. So I think he got out at the right time. Don't take my word for that, Juan.

WILLIAMS: It's interesting. Sometimes the truth sneaks out of you, Jesse.

PAVLICH: Sneaks out a little bit.

WILLIAMS: By the way, it does go back to that Tiger Woods video. I thought that was Tiger Woods. I would have been fooled. I was amazed.

BILA: I know. I know. What do you think -- how would you take to that? If somebody impersonated you, because a lot of people say, "Oh, it's really cool," until it's done to them; and then suddenly it's like --

WATTERS: Well, I had that problem with David Schwimmer for a while. Like, I was going out and people are saying, "Are you in L.A.?"

I said, "No, I'm in New York."

PAVLICH: You could make a lot of money doing that.

BILA: If someone impersonated you, would you like it?

WILLIAMS: The problem I have is Jesse sometimes tries, but he does not do such a good job impersonating me.

But Greg fools me --

WATTERS: I just have to be wrong all day.

WILLIAMS: -- big time outside the studio. People are standing, wanting an autograph, and Greg says, "Hey," and he signs "Juan Williams."

GUTFELD: Exactly. That's true. That is true, and then I put your home address.

WILLIAMS: That's right.

GUTFELD: And "feel free to come by at any time."

WILLIAMS: Yes, I know. Especially those, you know, true believer Trumpsters. And that's how Jesse got my phone number.

PAVLICH: I want to go back to the John Boehner RV, because I think John Boehner is living his best life. And I'm wondering. I don't know if he was driving through Ohio or Florida, but I once went to a Florida dive bar, and John Boehner's photo was on the wall. And I asked them why his photo was there, and they said that he went through all the time. So maybe he drives this RV around Florida. He's having a great time.

WILLIAMS: I'll tell you a story, though. I'll tell you a quick story about him.

PAVLICH: The wine and marijuana, I'm a little worried that he's driving. So next time --

WATTERS: He's probably in The Villages. He can go however fast he wants.

WILLIAMS: Here's a quick story about why love John Boehner. I said to my wife one day. You know, she used to go outside this restaurant and smoke. So one day, I said to her, "Hey, do you know who that guy is you're smoking with?"


She'd been smoking with him for three years. It was John Boehner.

WATTERS: Everybody has a Boehner story.

WILLIAMS: It's true.

WATTERS: What's your Boehner story, Greg?

BILA: You got one?

GUTFELD: Mexico in the early '80s. We -- we made a film together. It was an art film. Can't really get into it, but if you look hard enough on the dark web, you can find it.

BILA: You would be great to impersonate. You make so many faces.

GUTFELD: No, but Brad Pitt did for a while. And -- and they -- I had him arrested, pressed charges.

BILA: You had him arrested?


PAVLICH: Did they pay you lots of money?

GUTFELD: Yes. All right. Stop talking to me about this. I have no more answers. I'm looking for my other talking points for the "One More Thing."

WILLIAMS: That's a good one.

PAVLICH: Up next. "One More Thing" is coming up next.


UNIDENTIFIED MALE: tomorrow. I see you mastered it. But you like it, though. You like it that loose. Where I don't.

UNIDENTIFIED MALE: Yes, it feels a little loose.

WATTERS: Chicken finger in soda. That's right. I think Barstow picked up this video. It's gone all over the Internet now. I'll try to do it.

BILA: Oh, man.

WATTERS: Dip that in some Diet Coke.

PAVLICH: Diet Coke, Jesse? It's got to be real Coke.

BILA: Is it good?

WATTERS: It's pretty good.

BILA: You ate it?

WATTERS: I mean, I prefer hot mustard, but it's better than having it dry. If you don't have anything to dip, and this is your last resort, I endorse. Greg, you're next.

GUTFELD: You're a sad human being. All right. Let's go to this.

GRAPHIC: Breaking Emus

GUTFELD: "Breaking Emus." We have breathtaking video just out of Hunter Valley, Australia, that will take your breath away.

It is an emo chasing a dog around a tree. I repeat, an emu chasing a dog around a tree. We actually got this before "Special Report" did, and I know that they're very upset. Bret is upset, because they were going to lead with us, but I got it.

WATTERS: Not Kavanaugh.

GUTFELD: Not Kavanaugh, breaking emus, ladies and gentlemen.

WATTERS: All right.

GUTFELD: Isn't that great?

WATTERS: Greg, bringing it on a Tuesday.

PAVLICH: A little scary. I wouldn't want to get chased by an emu.

WATTERS: You had a good weekend, didn't you?

GUTFELD: I did. I don't remember any of it.

WILLIAMS: That was "man bites dog" there.

WATTERS: All right, Juan.

WILLIAMS: All right. So in "The Wizard of Oz," you'll remember Glinda the Good Witch tells Dorothy, "Click your heels and say, 'There's no place like home.'" That's what Judy Garland did while wearing her sequined ruby red slippers. And today, the FBI announced that those red shoes have come home.


JILL SANBORN, SPECIAL AGENT IN CHARGE: Not only were these slippers stolen, but the memories of a lot of Americans were stolen back in 2005, and we hope today that we give those memories back.


WILLIAMS: The FBI said they recovered the shoes, which were stolen from the Judy Garland Museum in Minnesota. They aren't saying where they found the shoes, which were used in the 1939 MGM film, because it's still an ongoing investigation. I have my suspicions, Gregory.


WILLIAMS: But I'm not saying anything.

GUTFELD: They were my -- they were my size. And I look great in them, dammit.

WATTERS: Greg called you a scarecrow under the breath.

WILLIAMS: Is that right?

WATTERS: Not nice, Greg.

WILLIAMS: Oh, my God. It's a good thing I have you here to defend me.

PAVLICH: All right. So whenever he goes to the dentist, right, they ask you, have you been flossing. You get this question every single time you go. Well, you better be flossing, because if adult baboons and their children can floss, so can you.

These are some baboons at a British zoo, grooming each other, and they've been known to take each other's hair and start flossing her teeth. Now they do this both for social reasons and for hygienic reasons. So all the dentists at the British Zoo, I'm sure, are very sure that their patients are listening to their concerns and flossing her teeth. So you have no excuse now.

WATTERS: That's why Greg believes in evolution.

PAVLICH: Make sure you floss.

WATTERS: Things like that. We all came from primates.

GUTFELD: In 1,000 years they're going to be driving.

PAVLICH: Or robots.

GUTFELD: Or robots.

PAVLICH: As you always say, Greg, the robots are coming.

WATTERS: All right. Jedediah.

BILA: All right, well, I'm afraid of snakes. So if you're afraid of snakes, this is going to knock your socks off.

This 81-year-old Faye Morgan -- she's a grandma -- she is seen in this video calmly opening up a barbecue. She finds two pythons inside.


BILA: Instead of running for her life, which is what I would have done, she reaches and she grabs them. She tosses them into a bin to be relocated.

Let me tell you, if you have pythons in your home, this is the woman to call. Can you even imagine this? I would have ran --

WILLIAMS: I have turned the grill on. That's what I would have done.

BILA: And she said -- she told the Australian news outlet, "I'm not scared. I love it."

PAVLICH: Everything in Australia can kill you.

WATTERS: Yes, they have a lot of -- a lot of reptiles.

PAVLICH: A lot of things that are bad.

WATTERS: What do you think would win in a fight, Greg, the pythons or the emu?

GUTFELD: It's a tough call. I would say the marsupial has a pocket so he could hide, like, a switchblade.


GUTFELD: No, they can box. Marsupials -- the marsupials can box.

PAVLICH: An emu is not a marsupial.

GUTFELD: I know that, but I -- I decided emus, I've got nothing. I've got nothing on emus.

PAVLICH: It's a bird.

WATTERS: We're going to debate this --

WILLIAMS: There you go.

WATTERS: We're going to debate this tomorrow.

Set your DVRs, never miss an episode of "The Five." "Special Report" up next -- Bret.

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