Senate fight awaits Trump's Supreme Court pick
Red state Democrats face intense pressure from both parties on Supreme Court nominee vote; reaction and analysis on 'The Five.'
This is a rush transcript from "The Five," July 9, 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 Sean Hannity. It's 5 o'clock in New York City, and this is "The Five."
Fox News alert, it's decision day for President Trump. In just four hours from now, he'll announce his Supreme Court nominee. It's a bold move that could reshape the high court and country for a generation and cement his presidential legacy. A source is telling Fox News that President Trump has made a final decision after a report that he was considering four candidates, judge's Brett Kavanaugh, Amy Coney Barrett, Raymond Kethledge, and Thomas Hardiman. Senator Lindsey Graham saying the president can't go wrong with either of these contenders.
(BEGIN VIDEO CLIP)
SEN. LINDSEY GRAHAM, R-S.C.: Republicans are holding four lottery tickets, and all of them are winners. If you're conservative Republican, the four people named, particularly Thomas Hardiman, I'm glad he's on the list, are all winners and every Republican should embrace these picks.
(END VIDEO CLIP)
WATTERS: Meanwhile, regardless of who the president picks, the stage is being set to the senate for a major confirmation battle. Democrats are using scare tactics to try and damage Trump's nominee.
(BEGIN VIDEO CLIPS)
SENATE MINORITY LEADER CHUCK SCHUMER, D-N.Y.: We already know that President Trump's nominee will be prepared to overturn the precedents of Roe v. Wade, NFIB versus Sebelius. We know that because President Trump has said so.
SEN. DIRK DURBIN, D-ILL.: It's about more than the next election. It's about what the country, the United States of America is going to chart as its course in the future.
SEN. RICHARD BLUMENTHAL, D-CONN.: I've never seen a President of the United States in effect make himself a puppet of outside groups and choose from a group of right wing fringe ideologues.
SEN. CHRIS COONS, D-DEL.: I, frankly, don't even think we should be considering this nominee.
(END VIDEO CLIPS)
KIMBERLY GUILFOYLE, CO-HOST: Oh, my goodness.
WATTERS: All right, we begin with Gutfeld -- I mean.
SEAN HANNITY, GUEST CO-HOST: Oh, wow.
WATTERS: Hannity over here. You've seen a few of these confirmation battles. How is this one any different shaping up in your opinion?
HANNITY: I'm actually looking -- the decision will be made at 9:01:30 Eastern Standard Time, just as Hannity goes on the air, which is I'm pretty happy about. By the way, thank you all for having me. I'm not as funny as Greg Gutfeld. I'm warning everybody at home. At 9:03 Eastern, the left is going to be in the process of trying to smear, besmirch, slander, destroy the character of whoever the president picks. We use the term "Borking" now almost as a verb. We think of what a great justice -- Clarence Thomas, if you haven't read his book which is called My Grandfather's Son, it is one of the great American hero success stories. Juan is shaking his head. It is one of the best books I've ever read. And he's become one of our great justices.
Whoever the president picks and I think those are the names, the great thing is, is that he told us all ahead of time and it will be another promise made, promise kept. And the other thing, Newt Gingrich and I were just talking and he said to me, he goes, before the president makes his decision tonight, close your eyes and for 30 seconds just think, imagine if it was Hillary making that choice it would be nobody close to who the president will pick. The president believes this is about judicial philosophy, constitutionalism, regionalism versus judicial activism. And it really -- that's pretty much it.
WATTERS: And do you think, Dana, the Democrats could overreach to a certain point where it really hurts them in the midterm elections by going so crazy against a pretty, you know, reasonable nominee?
DANA PERINO, CO-HOST: Possibly. And, you know, Dirk Durbin, I think, we've just have him there saying that it's more important to stand on principle to them than it is to worry about those red state Democrats. I don't know if that will actually hold true. For example, take somebody like Heidi Heitkamp in North Dakota. Just today, the Fox News power rankings moved her seat from a toss-up to likely Republican, and that means that she's got a big decision to make, because that race is moving away from her, she has a way then to buck her party, the Democrats, and to vote with the president and try to keep her senate race competitive if she decides to do that. So, I think you'll see that.
I think McCaskill will be under pressure in Missouri. I think Donnelly will be under tremendous pressure in Indiana. I don't think that the pressure on Collins and Murkowski on the Republican side will be that persuasive. At the end of the day, when they voted for Gorsuch, they were there. They might have had concerns. I think at the end of the day, they will also be for whoever the president picks here. I could be wrong, of course, but my gut instinct is that there's going to be a lot of fire and fury, so to speak. But that when the vote is called that the Republicans will come home.
WATTERS: And from the list, Kimberly, it doesn't seem of the four people that we've been talking about there is any really red flags among either one of them. No one is screaming David Souter really loud or anything like that. It looks like a pretty sure thing no matter who he goes with.
GUILFOYLE: Yeah, I think it's really -- like he can't even go wrong with the main, like, primary ice cream picks, right? Vanilla, strawberry, chocolate -- you'll prefer one a little bit over the other, but they're all fantastic, solid choices. They've been incredibly well vetted by the Federalist Society, by the Heritage Foundation as well. And the initial list of 20 that the president put together with his team and with the advisors was outstanding. He then also listened to input and feedback from other people, added five additional names. And then, subsequent to that, he's narrowed it down to four quality candidates, four people that would admirably serve this country and welcome the opportunity, and have pledged to follow the law and have demonstrated that when you look at the review of their judicial record, of their opinions. Some have written more opinions than others that will always give the other side some meat to be able to pick with to try to take issue with whoever the president chooses.
But he made an outstanding choice with Neil Gorsuch, and I fully expect that he's going to make another very good choice and announcement tonight during the 9 PM hour, the Hannity Show, and we'll find that out. And, in fact, 32 of the top deans, scholars, and attorneys, government officials have concurred that the president's choice will be confirmed and put through. So, regardless of what side you're on, Democrat or Republican, they agree with that, liberal or conservative. So, ultimately, and I agree with Dana, that they will in fact get this through. So, we have to trust in the judgment. He's made solid choices. And like Sean said, these are promises made, promises kept. He promised to put conservatives, constitutionalists that would follow the law on the bench, and I fully expect that that's who he will choose tonight.
WATTERS: Juan, are you having nightmares over these potential picks? Are they going to get a fair hearing?
JUAN WILLIAMS, CO-HOST: Hannity is worried that he's not funny enough. I think this is hilarious what you guys are doing. It's like an echo chamber in here. Oh, he's pick wonderful people. Oh, they've been thoroughly vetted, by who? Heritage and the Federalist society, you kidding me? This is what Blumenthal was talking about, fringe candidates, that's it.
PERINO: But they've all been confirmed by the senate before.
WILLIAMS: Before. We're talking about the Supreme Court. And remember, Dana, we're talking about a president who has said -- you guys say promises kept. He says he want someone who's going to undo Roe v. Wade, take away abortion rights in this country.
HANNITY: That's not true.
WILLIAMS: . someone who would do away with gay rights in this country.
HANNITY: No, no, no. That's not true.
WILLIAMS: And these guys are sitting here and say, oh, perfectly normal. Blumenthal is right, these are fringe candidates.
GUILFOYLE: But why did the Democrats confirm them all on previous occasions.
(CROSSTALK)
WILLIAMS: The key thing here, Kimberly, is are you going to abide by the laws of the United States and recognize precedent?
GUILFOYLE: That's correct.
WILLIAMS: And what you have, especially in the case, and I think this is your number-one pick, Amy Coney Barrett, right? She said precedent doesn't matter to her. So, I mean, that's why you had a call from the senate majority leader saying, hey, I think that's a little trouble if you pick her.
HANNITY: My point about Roe is.
(CROSSTALK)
HANNITY: . what happens if Roe was overturned?
WILLIAMS: What happens?
HANNITY: Do you really believe.
WILLIAMS: I think there's a number of states who would overturn abortion rights.
HANNITY: New York, New Jersey, California, Illinois, probably -- I can count 45 states that would, at least, if not 48 or 49.
WILLIAMS: Is that your assurance to the American people? Who by two- thirds -- I think it's two-thirds or better say we don't want Roe.
HANNITY: But there is nuance and intellectualism. These are people that have immersed themselves in constitutional thoughts and writings, and in particular cases that they work on. But let me concede a point. You know what? I really do think Dick Durbin is right. I think that every Democratic senator in a red state needs to go and commit political suicide. Heidi Heitkamp, Claire McCaskill, they need to put it all on the line and oppose whoever the president picks. I think that's great advice. And I think.
(CROSSTALK)
PERINO: It was reported. So, Senators Donnelly, Manchin, and Heitkamp, all Democratic senators in red states that were running for re-election were invited to the announcement tonight but they declined.
WILLIAMS: Correct. And I think that what you're going is, to the contrary, tremendous pressure on Susan Collins and Lisa Murkowski, two Republicans who are pro-choice Republicans, to say, hey, you know what? This is too much. You can't just have a Supreme Court become a rubber stamp for a right wing agenda.
(CROSSTALK)
HANNITY: What is the evidence do you have? Where's the evidence? You say these things and you're trying to scare the American people.
WILLIAMS: I'm not scaring anybody. I just tell them the facts.
WATTERS: Oh, you're scaring, Juan. You have no idea.
HANNITY: Nina Totenberg, literally, made the comment that's it's the end of the world as we know it. So, and Dick Durbin is telling these red state senators, Democrats, to commit political suicide.
WILLIAMS: No, it's not political suicide.
HANNITY: Oh, yeah, it will be.
WILLIAMS: It's a matter of conscience and voting for what is right as opposed to.
HANNITY: Hillary lost though, Juan.
WILLIAMS: . political power. What?
HANNITY: Hillary lost.
GUILFOYLE: Hillary lost.
WILLIAMS: Yes, so Hillary won the popular vote, too.
WATTERS: It's not the rules that they play under.
GUILFOYLE: You can't change the rules.
(CROSSTALK)
WILLIAMS: An unpopular president and an unpopular senate trying to force on the American people a corrupt right wing agenda.
GUILFOYLE: OK. But, Juan, why is it then, in good conscience, in good faith, and having studied all of this in terms of the U.S. court of appeals, and these judges where they have been appointed, why did the Democrats vote to confirm them to begin with if they were not qualified? They should not be on the United States Supreme Court if they weren't qualified already to serve on the court of appeals. And they were put through by Democrats, liberals, conservatives, all of the likes, they were confirmed, they were put forward, and that's why those names have been proffered by the president.
WILLIAMS: No, they're not.
GUILFOYLE: Yes, it is.
WILLIAMS: I think they're proffered because he believes that they will do what he promised. As you've said earlier, promises made, promises get. Overturn abortion rights in this country.
WATTERS: We're going to go to break. But when we go to break just close your eyes, as Sean recommended, and just imagine if Hillary Clinton was president.
WILLIAMS: Boy, wouldn't that be wonderful?
(LAUGHTER)
WATTERS: President Trump's legal team in a new war of words with Special Counsel Robert Mueller. Rudy Giuliani now saying it is the most corrupt investigation he's ever seen.
(COMMERCIAL BREAK)
HANNITY: All right. So, the president's lawyer, Rudy Giuliani, blasting the Special Counsel Robert Mueller and his merry band of Democratic donors. Let's take a look.
(BEGIN VIDEO CLIP)
RUDY GIULIANI, PRESIDENT TRUMP'S ATTORNEY: It's hard to believe given all the things that have been shown about how tainted this investigation is. This is the most corrupt investigation I've ever seen that the Justice Department is allowing to go forward.
(END VIDEO CLIP)
HANNITY: And the former New York City mayor also setting new terms for a potential interview between President Trump and the special counsel. Let's take a look at that.
(BEGIN VIDEO CLIP)
GIULIANI: If they had some narrow questions about collusion where they were confused about did he find out up something, did he know something, did he talk to anyone, we'll be happy to give him answers to that. So long as we knew they were concluded.
(END VIDEO CLIP)
HANNITY: Now, all these as sources are telling Fox News anti-Trump, former FBI lawyer, Lisa Page, she will be deposed by house lawmakers, that's going to be behind closed doors on Wednesday, while her lover, Peter Strzok, he is set to be publicly grilled on Capitol Hill. You get to see it right here on Fox on Thursday. As we continue our discussion.
PERINO: It's like we're on radio, as we continue on.
HANNITY: Yes, as we continue. You know, there're now as many as 42 people, Devin Nunes says, that need to explain their position, their political positions because of text messages. One of the things we most admire about our FBI and DOJ is they're supposed to be objective. They're not supposed to take positions. Strzok and Page, oh, we'll stop them. Oh, we've got an insurance policy. Oh, Trump is loathsome. Oh, she's got to win and everything in between. This is going to be a big week in terms of both their testimonies.
PERINO: It's a big week overall. And it's interesting because every time you have the president has this chance to like put up -- put forward a nominee for the Supreme Court you think that will rule the week. Like, by Thursday, we'll be talking about something else, like it's about a foreign trip and you can't just focus on one thing. I do think that the decision for the president to change -- for his lawyers to get him to go out there and say that he's reluctant to do an interview, or that they're advising him not to do an interview is the influence Emmet Flood who understands very well the whole role of the executive branch, and the congressional branch, and legislative branch and the separation they're in. And he's a very skilled lawyer, so I think that that is the preview to that.
HANNITY: I'm a fan of his as well. And I think you're right. And I think the team now is settled in. Up to this point, Jesse, zero evidence of any collusion. And the idea that Robert Mueller didn't think that the 13 Russian-bot companies would ever fight back, I think, may turn out to be his biggest mistake because he's trying to actually stop them from getting discovery in this case which will go nowhere. And then you've got Paul Manafort in jail for 23 hours a day in isolation, convicted of nothing. He didn't kill anybody. He's not accused of killing anybody. This is a 2005 tax case.
WATTERS: Yeah. I mean, I don't really feel that sorry for Paul Manafort. He's kind of a greedy, shady guy. He never should have been hired in the first place.
(CROSSTALK)
WATTERS: Innocent before proven guilty. But he doesn't deserve to rot in solitary confinement. And to your point about Mueller, if you follow the court proceedings, which they're not allowing us to do, he's being humiliated at every step. But if you go back to the beginning, the whole thing was started by biased guy, Peter Strzok. The special counsel was triggered by biased guy, Comey, and is being carried out by biased individuals assembled by Robert Mueller. So, I understand what Rudy is trying to do. He's trying to smoke out Mueller, what do you have it and we'll answer it. But I don't think President Trump should go anywhere near these guys. It's a fishing expedition. And he hasn't shown any evidence so far into the public. And we see no evidence. If we did see evidence of collusion or obstruction, it would have leaked by now. And I'm just sick of it. I'm bored by it, and the country is being torn apart by it. And I'm tired of having to prove Juan wrong every day when we talk about it.
WILLIAMS: Yeah, boy, and you're having such success.
WATTERS: I am.
(LAUGHTER)
HANNITY: Lets flip the script for a second. Juan Williams, let's say that the FBI investigators, the person that were interviewed -- let's say it was Donald Trump, and change the language from gross negligence, which is the legal standard, to extreme carelessness, wrote an exoneration in May. They didn't interview her 17 other key people until July, and then be so anti, in this case, Hillary, if we flip the script. I've got to believe you would be very concerned that an FBI, at the highest levels, would be that abusively biased.
WILLIAMS: I was, because I think Jim Comey should never have put himself in the position of standing up there and taking the authority of somehow announcing that Hillary Clinton have been so excessively careless, or whatever the language was, and then making it ten days before the election that the announcement that somehow she was still under investigation. And no mention, no mention the Donald Trump was under investigation for collusion with the Russians. Now, that to me was outrageous and that's what the inspector general, Michael Horowitz, at justice had to say about this. But your point to me, I'm going to take it seriously, you're point to me is if Peter Strzok was saying, oh, you know, we're going to stop her as opposed to stop him.
HANNITY: You'll be mad.
WILLIAMS: I'd be upset. But the thing is, I wouldn't be thinking, as you do, Sean, that therefore he couldn't do his job as an FBI agent.
HANNITY: Even with all the other adjectives.
GUILFOYLE: Yeah. I think the problem is that there's just real concern given the inherent bias that has been demonstrated through the text messages that have been released that there can still be fairness in the process, if there was, sort of, a desire for a predetermined outcome. As a former prosecutor, I'm telling you that would color the investigation and compromise it. In addition, you have people who are involved in it like James Comey. I'm going to agree with you that he overstepped his bounds, he was inappropriate. He acted as the head of the FBI and as the charging prosecutor making a decision determinative as to what charges if any could be filed. So he said he made the determination about her mental state, what she intended that it didn't rise to the standard, totally inappropriate, and he's one of the people that they're relying on with the Mueller investigation.
(CROSSTALK)
GUILFOYLE: . and Strzok, and Page. So, name one of these people that has any credibility or believability as a witness given their inherent bias.
(CROSSTALK)
WILLIAMS: This is an attempt, I think, that somehow undermine our entire law-enforcement beginning with the Special Counsel Robert Mueller.
(CROSSTALK)
WATTERS: The FBI undermined themselves, Juan.
WILLIAMS: Hang on. Hang on. Let me just say, President Trump tweeting -- tweeting over the weekend, this is a witch hunt, this is unfair, Giuliani. You know what? This is all an effort to say don't impeach me. You know what? It's unlikely I'm going to be indicted, but I know if you guys are going to have evidence, I'm going to try to get as many Republicans as I can to simply say I'm with Trump no matter what.
WATTERS: He's not going to be impeached because the Democrats aren't retaking the house.
HANNITY: We've got to take a break. I love sitting in on The Five. This is fun. Thank you all. All right, when we come back, crooked Hillary Clinton. Well, she's not going to leave the spotlight. There's new evidence she may want to run again in 2020. Great. Run, Hillary, run. Also, special day today, it is Jesse's birthday. We have a celebration and a surprise all coming up.
(COMMERCIAL BREAK)
GUILFOYLE: Is Hillary Clinton secretly planning a 2020 run? Well, speculation is swirling that the twice failed Democratic presidential candidate is plotting her comeback and preparing for a rematch against President Trump. An op-ed by Michael Goodwin in the New York Post describes how Clinton is running a political and fund-raising apparatus to oppose and resist President Trump that could be unleashed before the next presidential election. Unleashed. All right, so she's seemingly to be out in the public and everything. Sean, what do you make of this? Do you think that it's legitimate?
HANNITY: I fully, completely, endorse Hillary running again. I actually think Nancy Pelosi should be the minority leader for as long as she wants. I think some people being very mean to her, and I would like Maxine Waters to be second in charge.
GUILFOYLE: It's your dream team.
HANNITY: Look, I know Juan will disagree. There's a certain level of the left now that has become utterly unhinged. We saw this with Secretary Nielson, Pam Bondi, Sarah Sanders.
PERINO: Mitch McConnell.
HANNITY: Mitch McConnell twice now. Either Chloe Trump, the 4-year-old granddaughter of the president, and, of course, you might not know, she was attacked, and then, of course, Barron Trump, and Melania, and Ivanka. If the left keeps going down this road, they're never going to win another election again. Here's what they're running on. They're running on -- number one they want open borders. They want to keep Obamacare.
WILLIAMS: What are you talking about?
HANNITY: I'll tell you.
(CROSSTALK)
WILLIAMS: The only people who want open borders are you, so you can say.
(CROSSTALK)
HANNITY: Do they want the wall? I don't think they want the wall.
WILLIAMS: You want to wall for what?
HANNITY: They want to keep Obamacare. How's that, keeping your doctor.
WATTERS: I think it was Keith Ellison who was photograph wearing a t-shirt that says I don't believe in borders.
WILLIAMS: Yeah.
WATTERS: Juan, he's the second in charge of the Democratic.
HANNITY: By the way, Jesse, thank you.
WILLIAMS: I should show you some of the stuff that Trump supporters wear. Oh, my goodness.
WATTERS: They say build the wall.
WILLIAMS: Yeah, really.
WATTERS: Yeah.
HANNITY: Make America great.
GUILFOYLE: I'm not sure that Hannity wants no borders.
HANNITY: So the agenda is impeach Trump but tell Maxine to shush about it.
GUILFOYLE: Right.
HANNITY: Open borders, keep Obamacare, and they want, of course, the crumbs back. They're saying they want to raise taxes. If that's -- and now oppose whoever the president picks for the Supreme Court because they've lost the election. I don't think that's an agenda that inspires anybody to go to the polls for them.
WILLIAMS: Oh, yeah. Let me just tell you something. You have a Sean Hannity agenda. I think you're running this presidency. But I'm going to say that I know.
HANNITY: That is the silliest thing I've ever heard.
WILLIAMS: Oh, I'm so ridiculous.
HANNITY: So ridiculous, actually, yeah.
WILLIAMS: How could I say such a thing?
HANNITY: That's what CNN, fake news, says and they're lying every night.
(LAUGHTER)
WILLIAMS: But I want to tell you, you look at the polls on just the things you're talking about, right? So, you look at health care. Oh, gosh, a majority of Americans think, yeah, we want to keep the affordable care act.
HANNITY: Obamacare act.
WILLIAMS: Yes, a majority.
HANNITY: People get to keep their plan, keep their doctor.
WILLIAMS: I'm just responding directly to you, right? OK. They want that. A majority of Americans don't believe in separating children from their parents. Oh, gee.
HANNITY: Donald Trump stopped it.
WILLIAMS: Oh, right. He's the one who put the policy in place.
HANNITY: No, it happened under Obama.
WILLIAMS: Yeah, yeah.
(CROSSTALK)
PERINO: I like the subject of this block, actually, about Hillary Clinton. I don't think she's running again. But I think she's causing a lot of problems for the Democrats because you won't get off the stage.
GUILFOYLE: Yes.
PERINO: She likes to be out there. She's raising money for her PAC. I know she wants to be helpful to Democrats, but I think she could do a better job for them if she was behind the scenes. Because every time she sticks her head up, and it's like whack-a-mole and the right gets to go back and remind everybody, like, "Aren't you glad that she's not the president?" And then they -- the whole cycle starts again.
GUILFOYLE: Yes.
PERINO: Plus, the Democrats have got to find new energy. There has to be somebody new.
GUILFOYLE: Yes.
PERINO: Generationally, they have -- remember, the top three Democrats in the House, are 234 years old. So they have to have some sort of new energy.
HANNITY: The top three are how old?
PERINO: Two hundred and thirty-four years old.
HANNITY: Is that right? Wow.
GUILFOYLE: Easy to remember: two, three, four.
WILLIAMS: George Washington for president.
GUILFOYLE: But Jesse, Dana brings up a good point. And the thing is, the Democrats are going to need some -- one, new ideas, not to be so vitriolic and caustic and divisive. Because they right now don't have, really, a platform. What, they're going to run against a great economy and say, "Undo it" or "Raise taxes"?
And the Clintons don't ever want to sort of leave the White House, let alone the stage. But it doesn't give room for anyone else that's an up- and-comer like Kamala Harris or other people. Bernie Sanders would like to go again. Other people --
WATTERS: Well, the Bernie wing of the party hates Hillary. So she doesn't have them. And then the donor wing wants their money back, because they burned about a billion dollars on the loss.
Juan, you can cite all the polls you want. The only ones that matter are the ones on election day, and I think those were good for Republicans. The bottom line is, Crooked Hillary, as Sean said, please run. Crooked Hillary, please run.
HANNITY: Can I just say one thing?
GUILFOYLE: Put gas in the Scooby van.
HANNITY: We've got a poll. And the poll actually says that Americans now say they are better off than they were under Obama. It was in -- and here's the other thing. We now have 14 states with record low unemployment numbers.
GUILFOYLE: That's a full screen on Hannity.
WILLIAMS: I know.
HANNITY: Record low unemployment for Hispanic Americans, for African- Americans, for women.
WATTERS: Right.
HANNITY: And a record number of people in the labor force.
WATTERS: And you know what happened? When those numbers were announced during the State of the Union, the Democrats sat on their hands.
WILLIAMS: Oh, yes --
WATTERS: Remember, they wouldn't even clap for record low black and Hispanic unemployment.
WILLIAMS: You know what they should have said? They should have said, "Thank you, Obama, for rescuing this economy. Thank you, Obama, for not -- "
WATTERS: Because you said Trump is going to crash the economy. But when the economy roars, they want credit?
WILLIAMS: Imagine. Imagine, the polls -- the polls are very clear --
PERINO: You have to save time for your pizzas.
(CROSSTALK)
GUILFOYLE: -- birthday.
WILLIAMS: -- no wage increases for the American worker.
WATTERS: Three percent wage increase.
GUILFOYLE: All right. See everyone on this side of "The Five" view (ph). The political battle lines are set for a fierce confirmation fight over President Trump's upcoming Supreme Court nominee.
Plus, get ready to party! We're celebrating Jesse's birthday on "The Five."
(COMMERCIAL BREAK)
WILLIAMS: Wow, we're a little more than three hours away from President Trump's big Supreme Court announcement. That's 9 p.m. Eastern. Sean Hannity is right here licking his chops. We're going to learn who the president has picked to be his nominee --
PERINO: His chops.
WILLIAMS: -- to replace retiring Justice Anthony Kennedy on the nation's high court. Democrats already throwing up their sleeves for a confirmation fight. Let's share our final thoughts.
I'm going to start with Kimberly Guilfoyle. Kimberly, if I said Kimberly, wake up. Wake up. Who did the president pick?
GUILFOYLE: Wake up? I sleep, like, two hours.
WILLIAMS: Who would Kimberly say the president picks?
GUILFOYLE: You know, I don't really know, because he could change his mind. Now they say that he's decided, but he could have changed his mind up to the last minute. And I really don't know who's going to pick. But I know probably one of the four. I would say that. Because that's what's been widely reported.
WILLIAMS: Well, give me a hung. Give me a hunch.
GUILFOYLE: I don't know: maybe Kavanaugh or Barrett. I like her. I think she's really great, you know, as a female lawyer, a Catholic myself, I think she's very strong.
WILLIAMS: But your first pick is Kavanaugh?
GUILFOYLE: No, not my first pick.
WILLIAMS: OK.
GUILFOYLE: Me personally or who I think the president? I don't know. I would say maybe Kavanaugh. Barrett, I don't know.
WILLIAMS: OK.
WATTERS: "Watters' World" sources are telling me they think it's Kavanaugh. We're still waiting on a double confirmation.
I do know this. It's going to be a circus at the confirmation hearings. Just over the weekend, I think Steve Bannon was yelled at and cursed at.
GUILFOYLE: In a bookstore, yes.
WATTERS: Steve Miller was yelled at and cursed at. McConnell again, yelled at and cursed at.
So I predict, in these hearings, you're going to have crazy left-wing fanatics yelling, screaming and doing what they do, and that's just going to turn the public against the Democratic Party.
They call every nominee, whoever they are, a Republican presidential nominee, a SCOTUS nominee, a right-wing extremist. They called John McCain a right-wing extremist, and he votes with the Democrats half the time. They called Mitt Romney a right-wing extremist, because he has, like, a binder full of women he wanted to hire.
So I think people tune that out now, and the bottom line is when you say that, you know, "Well, oh, President Obama didn't get his pick." That's because he was a lame duck with no Senate control in a presidential election year. President Trump is a first-term president in a midterm election year with the full Senate control. That's a huge difference.
WILLIAMS: Did you make a pick?
WATTERS: I told you, sources are telling me Kavanaugh.
WILLIAMS: Kavanaugh. OK, Dana.
PERINO: Well, I think that I would look to how much money is going to be spent in the next couple of months. The Judicial Crisis network is going to put in about $1.2 million. They'll be ready to go at 9:02 p.m., right after the announcement is made on -- during the "Hannity" hour.
But the Democrats have been very reluctant to engage on judicial confirmations over the past few decades. That is about to change. They're going to spend about $5 million initially on this effort. I think it will fail, but I think you will see the Democrats start to reengage and invest on this issue in the future, because they have been able to rile up their base in order to vote on judicial confirmations, but this will change their mind.
And Republicans are benefiting from really focusing on this issue over the past two decades, but that was really because of what Democrats did to Robert Bork in '87.
WILLIAMS: So by the way, you know Kavanaugh.
PERINO: I do.
WILLIAMS: Having worked with him at the Bush White House.
PERINO: I worked with Ashley and Brett Kavanaugh at the White House. And --
WILLIAMS: And so do you think Kavanaugh is likely? Or who would you pick?
PERINO: I don't know who it would be. I do think that anyone on Leonard Leo's list of the 25 would be confirmable and would be reliable conservatives for the president.
WILLIAMS: All right. And Sean Hannity, do you have any inside scoop?
HANNITY: I think it's obviously going to be one of the four. The president telegraphed -- told the American people during the campaign he's added a little bit to the list. It will be -- it will be his judicial philosophy that wins the day.
I think one thing that we haven't really talked a lot about is there has to be some political consideration, because it's so tight in the Senate. And so the president, I think, has to consider Murkowski --
GUILFOYLE: Collins.
HANNITY: -- Collins, and then on the other hand, Ted Cruz and Rand Paul.
I think he finds the balance with any of the four leading contenders. I would say pick them at this point. Probably Kavanaugh is leading. If I had to look back to last week, he seemed to be the front runner.
GUILFOYLE: Right.
HANNITY: This president is very unpredictable, and he likes to troll. And I think that --
PERINO: You just lit up the Twitter. I bet you just lit up the Twitter.
GUILFOYLE: My prediction: There may be -- may be up to even four Democrats that will vote to confirm.
HANNITY: But it will be Borking. As Jesse said, this is going to be -- the second he announces, it's going to be smear and besmirch and slander, and it's going to be ugly. And it's going to be coming from your friends on the left.
WILLIAMS: No, I think the fringe --
PERINO: We've got to go.
WILLIAMS: -- is coming from your friends on the right.
HANNITY: Like who? Are they the ones going after Secretary Nielsen, Pam Bondi, and Sarah Sanders?
WILLIAMS: Please, you got a list here from the Federalist Society. What did you say, Heritage?
GUILFOYLE: Heritage.
WILLIAMS: All right. You know what? We're out of time, because we're going to have a big party for our friend, Jesse.
Up next, a big surprise in store for Jesse's birthday. So you know what?
HANNITY: How big is it?
GUILFOYLE: Huge.
WILLIAMS: Huge, that's it. Don't go anywhere, America. "The Five" is back with a party.
PERINO: I've been looking forward to this all weekend.
(COMMERCIAL BREAK)
PERINO: Time to pop your collar, America. It's Jesse's 40th birthday. We're celebrating with his favorite lemon cake and banana pudding here on the set, and we have some surprises here for you, Jesse.
WATTERS: Uh-oh.
PERINO: I've been waiting for this all weekend. So let's get started. First up, in honor of you turning the big 4-0, let's take a look --
WATTERS: Oh, no.
HANNITY: That's right.
PERINO: -- at some of your most humble memorable moments on "The Five."
WATTERS: Uh-oh.
PERINO: Watch.
(BEGIN VIDEOTAPE)
WATTERS: Hello, everybody. I'm Jesse Watters.
WILLIAMS: Jesse Watters.
GUILFOYLE: Jesse Watters.
GUTFELD: Jesse Watters.
PERINO: Jesse Watters.
WATTERS: And this is "The Five."
GRAPHIC: Happy birthday, Jesse!
WILLIAMS: Jesse is a poet of Trump-landia.
WATTERS: I'm just happy you're actually listening to me, Juan.
Trust me, I know what I'm talking about here. I've always been bullied, you know, because of my looks and my charm and my quick wit.
No he doesn't. NO.
WILLIAMS: Well, that's what I think. That's the way it hits me.
WATTERS: You're wrong.
I don't read Reason. I read The Weekly Standard, because that's what you gave me a subjection for.
That is from The New York Times.
PERINO: Is that not fake news?
WATTERS: That's when it's not fake news. When it's not good, that's when it's fake news. That's how that works.
This is going to be very cutthroat. I'm probably going to sabotage her.
PERINO: Jesse, are you working?
WATTERS: I'm working. I'm taking pictures here.
I made a fashion statement last night on "The Five." Everybody on the Internet said I looked like Ron Burgundy.
PERINO: You did.
WATTERS: Stay classy.
GUILFOYLE: That was purposeful.
WATTERS: Oh, and a moustache.
PERINO: You look like the guy from "Revenge of the Nerds."
WILLIAMS: Goofy, you look goofy.
PERINO: Nerdy, you look nerdy.
GRAPHIC: Just Handsome
WATTERS: People always say I look like David Schwimmer, a.k.a. Ross from "Friends."
PERINO: David Schwimmer.
GUTFELD: I don't see any resemblance.
WATTERS: Not at all?
GUTFELD: Not at all.
That's actually David Schwimmer, who looks a lot like me.
It's David Schwimmer's birthday. All right? That's not me. That's David Schwimmer.
I didn't eat all day because I knew the "Food Court" was coming.
GUILFOYLE: National Doughnut Day. Jesse is very happy.
Jesse only has a single quarter pounder.
GUTFELD: What's in the box?
WATTERS: Oh, you didn't do it! Yes, I love you! I love you! Oh, my gosh, this is the Michael Jackson jacket with the zippers. Smooth criminal.
We're debuting a new feature on the show, "Mom Texts." You know, my mom is a liberal Democrat and sometimes texts me during the show.
"I cannot and will not identify myself as the mother of Trump's wingman!"
"I am honestly concerned that your colleagues have begun to roll their eyes at your diatribes."
"What are you talking about?"
WILLIAMS: Hey, Mom.
WATTERS: There she is.
(END VIDEOTAPE)
GUILFOYLE: Hysterical. I love it.
PERINO: If you can just bear with us for one more thing.
GUILFOYLE: One more surprise.
PERINO: One more surprise and then we're going to talk about it, and we're going to give you some of our advice for turning 40.
WATTERS: OK.
PERINO: Are you ready for this?
WATTERS: I'm ready.
PERINO: OK. Here we go.
(BEGIN VIDEOTAPE)
STEPHEN WATTERS, JESSE'S DAD: Happy birthday, Jesse.
ANNE WATTERS, JESSE'S MOM: Happy birthday, Jesse.
S. WATTERS: You've always been active in mind and spirit.
A. WATTERS: We knew we were in trouble when you stood at seven months, walked at eight months, and ran at nine months.
S. WATTERS: We've always admired your sense of adventure and imagination.
A. WATTERS: Until you jumped onto a moving lawn mower from the jungle gym in the first grade, claiming to be a superhero.
S. WATTERS: You were a superior athlete and student.
A. WATTERS: When you chose to be.
S. WATTERS: We treasure -- we treasure family summers on the coast of Maine.
A. WATTERS: Until you wouldn't join us in the boat, because you had to tune into listening to Rush Limbaugh.
S. WATTERS: We taught you to be yourself and to seek the truth.
A. WATTERS: Although we have continued to be baffled by this search.
S. WATTERS: We are proud of your independence, your courage of conviction, and your soft heart.
S. AND A. WATTERS: We are the Watters, and we are so happy you are in our world.
(END VIDEOTAPE)
WATTERS: Aw, that was so nice. I can't believe you guys did that.
PERINO: They didn't even make fun of you. They were sincere.
WATTERS: They did, in a way. I picked up on it.
GUILFOYLE: So Jesse, we've got you some great treats.
WATTERS: Yes.
GUILFOYLE: Delights that you wanted from Magnolia Bakery. We got the banana pudding that I introduced you to. And we're big fans of that.
WATTERS: Let's dig right in.
GUILFOYLE: Lemon cake from Del Frisco's.
PERINO: We wanted Hannity to be here so that he could give you some advice for -- what do you think for turning 40?
HANNITY: I think Jesse should just be Jesse. Although --
WATTERS: Like Trump.
HANNITY: Exactly.
WILLIAMS: Let Jesse be Trump.
HANNITY: No, let Jesse be Jesse.
WATTERS: Thank you.
HANNITY: And it's his world. Don't forget.
Here's the thing. I had no idea both your parents are liberals.
WATTERS: Yes, and not just liberals. Like, hard left.
HANNITY: Oh, and he's going to take this the wrong way. And you turned out normal.
WATTERS: I did.
PERINO: So is his son.
WATTERS: I did.
HANNITY: Well, I know your son. By the way, congrats. Raff just got married.
WILLIAMS: Yes, he did.
WATTERS: Sean, this is about me. OK?
GUILFOYLE: Hannity, do you want --
PERINO: Juan, do you have some advice for Jesse.
HANNITY: Hannity is the old guy here that is on a diet, but I'll take the lemon cake.
WATTERS: Yes, don't insult me. Take the cake.
GUILFOYLE: I'm going to give you a little piece. Here we go.
HANNITY: OK.
GUILFOYLE: To keep you light on your feet. It's a big news night.
PERINO: That's right. He's got to be ready to go.
GUILFOYLE: Tiny little piece.
PERINO: Juan, give me the advice for Jesse.
WILLIAMS: Jesse, you're such a humble guy that I think it would be good, Jesse, if you actually just celebrated your ego.
WATTERS: Celebrate.
WILLIAMS: Let it out. Let it out, Jesse. Let Jesse be Jesse.
WATTERS: I think you better be careful what you wish for.
GUILFOYLE: Juan, what do you want?
(CROSSTALK)
WILLIAMS: But you know what? I honestly think that you are a good guy, and I don't just -- agree with you politically, but God bless. Happy birthday.
WATTERS: Thank you very much, Juan. I appreciate it.
HANNITY: Yes, happy birthday.
PERINO: Kimberly, do you have any advice for Jesse in his 40s?
WATTERS: That you can say on the air.
GUILFOYLE: You're getting very good at listening. Going no, take that back.
WATTERS: That happens about once a show.
GUILFOYLE: I help you. Your parents thanked me.
WATTERS: It's true. It's true.
HANNITY: By the way, can I double whatever that "eye" thing is, I would absolutely listen. It's a very different world now that we live in. So if you want to survive.
GUILFOYLE: What Jesse means is --
PERINO: Like, always throwing ourselves in front of the Jesse truck.
WATTERS: That's right.
HANNITY: Ask -- ask Dana. this is the greatest story that Dana will never tell. Ask her how she did her job when she was in the White House as press secretary, and there's your answer.
PERINO: Occasionally, on occasion.
HANNITY: I'm not telling this.
PERINO: It's his favorite thing from -- I want to tell you in the break. I'll tell you in the break, because it's a little bit -- Anyway, happy birthday.
WATTERS: Is that right? Thank you. And thank you for that great video. And thanks, Sean, for being here.
HANNITY: Happy birthday.
WATTERS: Thank you, Kimberly, for cutting the cake and thank you for being such a strong eye.
And thank you, Juan, for putting up with all my shenanigans.
PERINO: All right. "One More Thing" is up next.
GUILFOYLE: God bless his parents.
(COMMERCIAL BREAK)
WATTERS: Time now for "One More Thing" -- Kimberly.
GUILFOYLE: OK. I wanted to do a special "One More Thing" today, because FOX News Channel and FOX Business Network also lost a very beautiful, wonderful human being. You see her right there, Georgina Urena. She was one of our very talented makeup artists here at the network. And she was born and raised here in New York City and has been with us since 2014. She used to do my makeup, as well. She was at the conventions and really super talented. She was a joy to be around. Always walking around with a smile and positive things to say.
She was really beloved and a lot of people here were touched by her and very saddened by her very early, you know, loss of her life and such a wonderful human being.
But she kept giving even in death, because her organs were donated, and five lives were saved as a result.
PERINO: Wow.
GUILFOYLE: So words really can't express how saddened we are about her loss, but her spirit lives on. And she was particularly close to Bismarck here, who we all know, and Wilber.
And please, if you can, I posted it on Facebook and Twitter and Instagram, a GoFundMe account created for her family. So if there's anything you can give, it would certainly make a difference.
HANNITY: Yes. She's going to be missed a lot around here.
WILLIAMS: That was wonderful, Kimberly.
GUILFOYLE: God bless her.
WATTERS: Juan.
WILLIAMS: It's the wedding season of my life. I've got to tell you, the next generation is getting married. My son got married in June, and this weekend it was my niece's turn. Here are Nick and the beautiful Marisa dancing at the National Museum of Women in the Arts in D.C. That was followed up with a very emotional dance with her dad, Dr. West, who's my brother-in-law.
And here's the groom with his mom. His dad passed away and she raised him, so that was a very special moment. Both Marisa and Nick are graduates of Yale Law School. Here's Marisa with her parents.
And finally, here's the magic moment as they said their vows. Good luck to the newlyweds.
WATTERS: That's sweet.
GUILFOYLE: Very sweet.
WATTERS: Great pictures.
All right, Dana.
PERINO: Well, mine is about a chipmunk. This is a chipmunk named Van Gogh. I think we have a little video of it. This is from Ontario, Canada. And he comes every day to get fed as many peanuts as he can possibly stuff in his little cheeks there. You can see that.
And as soon as he has as many as he can put in there, he goes and runs to his little borough, and then he eats them all and then he comes back. He can really stuff a lot in his cheeks.
WATTERS: Irresistible.
PERINO: Very -- yes. And his name is Van Gogh, because he has half an ear.
WATTERS: OK, good. Thank you, Dana.
GUILFOYLE: Trying to take over. Now Jesse's corny jokes.
WATTERS: I just want to say that, you know, my parents, very quick, that was a very sweet video message, and I love you guys very much. And I have a one thing.
HANNITY: You were very touched by that.
WATTERS: I was. I was trying to be very manly during that --
PERINO: I have one more surprise.
WATTERS: -- and try not to get emotional.
What?
PERINO: I have one more surprise. Do we have a picture here? I had a picture made for you, and it's a picture of you, a portrait, all of Jasper pictures.
WATTERS: Because you know how much I love dogs. I love that!
The picture, made by FiveFanPhotoShop, just for you on your birthday.
GUILFOYLE: Very cute. Look at -- he's admiring himself.
WATTERS: Put my picture back up.
WILLIAMS: Admiring himself.
WATTERS: I've run out of time for my "One More Thing," was a guy holding onto a subway car. It's totally inappropriate. It's going to take away from the special moment about my birthday.
Sean, go ahead.
HANNITY: That's what we just told you. We don't want you to get in trouble.
WATTERS: OK.
HANNITY: I don't really have a "One More Thing," because I --
PERINO: Nine o'clock tonight!
WATTERS: Plug your stuff.
HANNITY: Nine tonight, "Hannity" starts at 9. Nine or nine-thirty, the president of the United States -- thank God it is not Hillary -- will announce his Supreme Court justice pick.
GUILFOYLE: Jay Sekulow and Pirro.
HANNITY: Jay Sekulow, Judge Jeanine Pirro will be on. And the left is going to be like Alka-Seltzer in water. All of Juan's friends are going to bubble, fizz, and the battle begins to smear whoever gets chosen.
We will have full coverage tonight. We hope you'll watch.
And I want to also, "One More Thing," thank all of you for having me. I am the biggest man of this show.
GUILFOYLE: And you were our biggest supporter when no one believed in the show, that we could make it. And you said --
HANNITY: Not only did you make it, you beat the competition combined every day and night.
WATTERS: And the Supreme Court pick is going to be like my birthday present again. Thank you very much.
GUILFOYLE: Oh, my God.
WATTERS: Set your DVR, never miss an episode of "The Five." "Special Report" up next.
What's going on, Bret?
BRET BAIER, FOX NEWS ANCHOR: Happy birthday, Jesse.
WATTERS: Thank you very much.
BAIER: That Jasper pic is quite something. Thank you.
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