'The Five' blast Adam Schiff over bogus Trump-Russia dossier
Panel reacts to the congressman's credibility being challenged on 'The View'
This is a rush transcript of "The Five" on November 10, 2021. This copy may not be in its final form and may be updated.
THOMAS BINGER, ASSISTANT DISTRICT ATTORNEY, KENOSHA COUNTY: This is the BG on the scene video. Go ahead.
Pause. Now, we've heard a lot of testimony about this person who comes up behind you with something and hits you in the head. We have heard about Anthony Huber's first approach to you with his skateboard. Correct?
KYLE RITTENHOUSE, ACCUSED SHOOTER, KENOSHA SHOOTING: Yes.
BINGER: You testified that after a few more feet, you felt light-headed and you stumble. That's what you told when your attorneys was asking you questions, correct?
RITTENHOUSE: Correct.
BINGER: No one knocked you to the ground. You lost your arm balanced, correct?
RITTENHOUSE: I was hit to the point where I stumbled.
BINGER: You said in response to your attorney's questions that you stumbled because you were light-headed. Do you remember telling us that?
RITTENHOUSE: From getting hit, yes.
BINGER: You were light-headed because you had been running, and you were being chased. That is why you were light-headed, correct?
RITTENHOUSE: That and being hit, yes.
BINGER: Let's continue. Pause. There is an individual who comes at you and jumps towards you and attempts to kick you, correct?
RITTENHOUSE: He does kick me, yes.
BINGER: And you fire two shots directly at him with your AR-15.
RITTENHOUSE: Yes.
BINGER: You intended to hit him with those bullets, correct?
RITTENHOUSE: I intended for him -- yes.
BINGER: At that close range, it's a miracle that you missed, right?
RITTENHOUSE: I don't know.
BINGER: You intended to kill him with those shots, didn't you?
RITTENHOUSE: No.
BINGER: Did you even care whether or not those two rounds were going to kill him?
RITTENHOUSE: I didn't want to have to kill anybody that night.
BINGER: In this moment, you are making a deliberate decision to pull the trigger twice, correct?
RITTENHOUSE: Yes.
BINGER: That wasn't an accident. That was your conscious decision, wasn't it?
RITTENHOUSE: Yes.
BINGER: And you are firing an AR-15 at close range to this individual, correct?
RITTENHOUSE: Yes.
BINGER: And you knew full well that if you hit him with one or both of those bullets, it could kill him, right?
RITTENHOUSE: There is that possibility.
BINGER: If you hit him with one of those, wouldn't you agree it's a pretty strong likelihood you are going to kill him?
RITTENHOUSE: I don't know.
BINGER: Did that even factor into your mind at that point? Did you even care if you were going to kill him or not?
RITTENHOUSE: I didn't want to have to kill anybody. I was being attacked. That's why I shot him -- I shot at him.
BINGER: You shot at him with the intent of hitting him and killing him, correct?
RITTENHOUSE: I didn't want to kill anybody.
BINGER: Then why are you shooting at someone with an AR-15 at close range if you don't want to kill him?
RITTENHOUSE: Because he is attacking me. And he was stomping my face in, jumping and kicking --
BINGER: That --
RITTENHOUSE: -- my face in.
BINGER: That you didn't see any weapons on that person, did you?
RITTENHOUSE: No.
BINGER: You didn't see a gun.
RITTENHOUSE: No.
BINGER: You didn't see a knife.
RITTENHOUSE: No.
BINGER: You didn't see a bat or a club.
RITTENHOUSE: No.
BINGER: You didn't see a chain.
RITTENHOUSE: No.
BINGER: All he uses is one foot, correct?
RITTENHOUSE: Yes.
BINGER: Let's continue the video. Pause. You've just shot around into Anthony Huber's chest, right?
RITTENHOUSE: Yes.
BINGER: Now up until this moment, and probably for the rest of that evening, you did not know the name Anthony Huber, did you?
RITTENHOUSE: I did not.
BINGER: Up until this moment in this evening, you had never had any interaction with him, took any notice of him, fair to say?
RITTENHOUSE: Yes.
BINGER: And when you shoot him, he's got his skateboard in his hand?
RITTENHOUSE: Yes.
BINGER: You didn't see any gun in his hand, correct?
RITTENHOUSE: No.
BINGER: You didn't see a knife?
RITTENHOUSE: No.
BINGER: You didn't see a bat?
RITTENHOUSE: No.
BINGER: You didn't see a club?
RITTENHOUSE: No.
BINGER: All he's got is the skateboard, right?
RITTENHOUSE: That he has hit me in the head with twice, yes.
BINGER: OK. And you intended to pull the trigger at that moment with your AR-15, correct?
RITTENHOUSE: Yes.
BINGER: That wasn't an accident.
RITTENHOUSE: No.
BINGER: That was your deliberate decision, correct?
RITTENHOUSE: Yes.
BINGER: And you knew that the way that gun was positioned, you were going to fire that bullet right into his chest, right?
RITTENHOUSE: He was attacking me, so I pulled the trigger.
BINGER: And you knew that when you pulled that trigger, that bullet was going to go right into his chest, didn't you?
RITTENHOUSE: I can't say -- I don't know where the bullet would have went exactly.
BINGER: The end of that gun was pointed directly at his chest when you pulled the trigger, correct?
RITTENHOUSE: Yes.
BINGER: And you knew that, correct?
RITTENHOUSE: Yes.
BINGER: And you still pulled the trigger, didn't you?
RITTENHOUSE: Yes.
BINGER: Because you intended to kill Anthony Huber at that moment, didn't you?
RITTENHOUSE: No.
BINGER: What did you think was going to happen then? You've got a gun that's aimed directly at his chest, you pull the trigger, what did you think was going to happen?
RITTENHOUSE: If I didn't pull the trigger, I thought Mr. Huber was going to kill me.
BINGER: Maybe I misphrase my question. Let me try again. When you pull the trigger of the AR-15, and it is directly against Anthony Huber's chest, what did you think was going to happen to Anthony Huber?
RITTENHOUSE: That he would no longer be a threat to my safety.
BINGER: Because he would be dead, right?
RITTENHOUSE: Because he wouldn't be a threat to me. I don't know if he would be done or not.
BINGER: Did you even care at that moment whether or not Anthony Huber lived or died?
RITTENHOUSE: Yes.
BINGER: Your only concern in that moment was your own safety, correct?
RITTENHOUSE: Yes.
BINGER: The next shooting is of Gaige Grosskreutz. We have stopped the video at a moment here when he is crouched in front of you with his hands in the air. Correct?
RITTENHOUSE: Yes.
BINGER: Your gun is pointed at him, isn't it?
RITTENHOUSE: It's pointed downward towards his feet.
BINGER: It's pointed at some part of his body, some part of his body, correct?
RITTENHOUSE: Yes.
BINGER: And he is no threat to you at this moment, is he?
UNKNOWN: Correction, your honor, he's in front of them with a gun.
BINGER: That's an argument you can make. I'm asking a question of the witness.
UNKNOWN: You can answer the question.
RITTENHOUSE: Yes.
BINGER: He is no threat to you at this moment, is he?
RITTENHOUSE: He is a threat. He has a gun in his hand.
BINGER: You saw that gun?
RITTENHOUSE: Yes.
BINGER: So, at the moment throughout all of these moments of your interaction with Mr. Grosskreutz, you were aware of the fact that he had that gun in his hand, correct?
RITTENHOUSE: Not until that moment.
BINGER: I'm talking about from this moment on. Correct?
RITTENHOUSE: Yes.
BINGER: And of course, that's a handgun, right?
RITTENHOUSE: Yes.
BINGER: And you have an AR-15, correct?
RITTENHOUSE: Yes.
BINGER: And at this particular moment, he's not pointing his gun at you, is he?
RITTENHOUSE: Not at that moment.
BINGER: But you got your gun pointed at him, correct?
RITTENHOUSE: Looking at the video, I think I'm lowering my weapon. I think it's just a still shot of where you have it there to where at that, but I believe in the whole video, I'm lowering it, and then he points his gun at me.
BINGER: Can you help me understand, Mr. Rittenhouse, why Gaige Grosskreutz with a pistol in his hand, is a threat to kill you, but you with an AR-15 pointed at him is not a threat to kill him at this moment? Can you help me understand that?
RITTENHOUSE: I have been attacked by several people, and he decided to come and point a gun at my head. Well, first --
BINGER: He hasn't done that yet, has he?
RITTENHOUSE: No.
BINGER: So, again, I ask you, in this moment, you told us Gaige Grosskreutz is a threat to you right now.
RITTENHOUSE: Yes.
BINGER: He's got a pistol not aimed at you. You have got an AR-15 aimed at him. Why is he more of a threat to you than you are to him?
RITTENHOUSE: Because he was -- he was moving at me with a gun in his hand.
BINGER: This is right after you've killed Anthony Huber, correct?
RITTENHOUSE: Yes.
BINGER: Right after you fired two shots at almost point-blank range at the man running towards the camera right now and missing him, correct?
RITTENHOUSE: Yes.
BINGER: And you are telling us Gaige Grosskreutz is the real threat at this moment?
RITTENHOUSE: Yes.
BINGER: Can we please pull up exhibit number 80, beginning at frame 468. This is an exhibit which consists of -- what's 732? Seven hundred twenty- nine frames from the BG on the go video that we just watched. This is prepared by James Armstrong the state crime lab.
I'm not going to show all 729, but I'd like to start at frame 468. And we are going to go frame by frame from there until frame 500. Mr. Stuke (Ph), could you please slowly advance frame by frame until I tell you to stop?
Pause. Mr. Rittenhouse, this is immediately after Gaige Grosskreutz has stopped in front of you and you are doing something with your firearm at that moment. Do you recall that?
RITTENHOUSE: Yes.
BINGER: You were asked some questions about what you were doing at that moment. Is it fair to say that you turn your firearm over and you're looking at it, you're examining it?
RITTENHOUSE: Yes.
BINGER: But your testimony is you didn't do anything to actually manipulate it at that moment.
RITTENHOUSE: Correct.
BINGER: Is that fair to say?
RITTENHOUSE: Correct.
BINGER: OK. Please continue. Frame 500 shows you firing your AR-15 towards Gaige Grosskreutz. At this particular moment, he does not have that pistol pointed towards you, does he?
RITTENHOUSE: He does.
BINGER: His left leg has stepped across in an -- not directly towards you, but to the side of you, correct?
RITTENHOUSE: Yes.
BINGER: He is reaching in with his left arm towards you, correct?
RITTENHOUSE: Yes.
BINGER: He never steps back and puts the gun in both hands in a ready aim position towards you, does he?
RITTENHOUSE: He doesn't do that.
BINGER: He never takes that gun with his right hand and stands there and hold it up with his right hand in front of him and aims it directly at you, does he?
RITTENHOUSE: No, he does this pointing it directly at my head.
BINGER: And you thought that's the way he was going to shoot you?
RITTENHOUSE: Yes.
BINGER: You thought he ran up close to you to shoot you?
RITTENHOUSE: Yes.
BINGER: You understand that he could have taken that gun if he wanted to and shot you from 10, 15, 20 feet away, right?
RITTENHOUSE: Can you re -- sorry, I'm trying to understand the question.
BINGER: You understand that a pistol like that doesn't need to be right up close to someone to shoot, right?
RITTENHOUSE: Yes.
BINGER: It can shoot from 10, 15, 20 feet away.
RITTENHOUSE: Yes.
BINGER: Mr. Grosskreutz could have stopped 10, 15, 20 feet away if he wanted to shoot you and fired his pistol at you, couldn't he?
RITTENHOUSE: He could have, but he didn't.
BINGER: And your testimony is that you believe he ran up close to you and reached in with his left hand with his gun on his right hand, because that was his way of using this gun to shoot you?
RITTENHOUSE: Yes.
BINGER: Did you think he was reaching in to grab your gun?
RITTENHOUSE: No.
BINGER: You didn't think he was going to take your gun away, did you?
RITTENHOUSE: I thought he was going to shoot me.
BINGER: With his pistol?
RITTENHOUSE: Yes.
BINGER: Which he never actually does. Correct?
RITTENHOUSE: Correct.
BINGER: He never fires that gun at you at all.
RITTENHOUSE: No.
BINGER: In fact, in this entire sequence of events, no one ever fired a gun at you, did they?
RITTENHOUSE: Mr. Ziminski fired a gun from behind me.
BINGER: Did Mr. Ziminski fire that gun at you?
RITTENHOUSE: I believe so.
BINGER: What did you base that on, did you see it?
RITTENHOUSE: The video?
BINGER: Did you see it?
RITTENHOUSE: No.
BINGER: That's -- you are talking about back when the incident with Mr. Rosenbaum happens, correct?
RITTENHOUSE: Yes.
BINGER: That happened while you and Mr. Rosenbaum were running across the Car Source lot (Ph), correct?
RITTENHOUSE: Yes.
BINGER: At that moment in time, you didn't see Joshua Ziminski fire a shot, did you?
RITTENHOUSE: No.
BINGER: You heard a gunshot, right?
RITTENHOUSE: Yes.
BINGER: But had no idea who fired it.
RITTENHOUSE: I believed it was Mr. Ziminski.
BINGER: So, that gunshot did not at all factor in your decision to kill Joseph Rosenbaum, did it?
RITTENHOUSE: No, Mr. Rosenbaum trying to see if my gun dead.
BINGER: So, you didn't think that was a gunshot from Joseph Rosenbaum?
RITTENHOUSE: No.
BINGER: You knew he didn't have a gun.
UNKNOWN: I see what your question means now. You didn't think the shot was -- it had been fired supposedly by Mr. Ziminski had been fired by Mr. Rosenbaum.
BINGER: Exactly.
UNKNOWN: OK. OK.
BINGER: So, you heard a gunshot. You now know that was Joshua Ziminski based on watching the videos, right?
RITTENHOUSE: Yes.
BINGER: But at the time, you didn't think that was Joseph Rosenbaum firing that shot, did you?
RITTENHOUSE: No.
BINGER: You knew Joseph Rosenbaum didn't have a gun, right?
RITTENHOUSE: Yes.
BINGER: And you certainly would agree with that you don't have the right to kill Joseph Rosenbaum for something Joshua Ziminski does, correct?
RITTENHOUSE: Yes.
BINGER: When you heard that gunshot, you didn't know whether it was fired at you or up in the air or at Rosenbaum or anyone else, did you?
RITTENHOUSE: I heard it from behind me, but I didn't --
BINGER: You didn't know where it was aimed, correct?
RITTENHOUSE: Correct.
BINGER: You didn't feel it hit you, correct?
RITTENHOUSE: Correct.
BINGER: You didn't hear it ricochet anywhere near you, correct?
RITTENHOUSE: Correct.
BINGER: You received no indication that that gunshot was going to put your life in danger, correct?
RITTENHOUSE: I don't know.
BINGER: There were gunshots going off all night long, weren't there?
RITTENHOUSE: Sort of?
BINGER: Firecrackers, gun shots.
RITTENHOUSE: Fire -- yes.
BINGER: Hard to tell the difference?
RITTENHOUSE: Yes.
BINGER: Right after you kill Rosenbaum, there's three shots after that, aren't there?
RITTENHOUSE: Yes.
BINGER: From very close to where you were.
RITTENHOUSE: Yes.
BINGER: Yet you don't turn and shoot anybody there after you hear those, did you?
RITTENHOUSE: No.
BINGER: So, getting back to my original question. In this entire sequence of events, no one ever fired a shot at you, did they?
RITTENHOUSE: No.
BINGER: After you kill Anthony Huber, shoot Gaige Grosskreutz, and attempt to fire those two shots at the person who jumped at you, you got up and you walked away, didn't you?
RITTENHOUSE: Yes.
BINGER: And you are about what, a block away from the police line?
RITTENHOUSE: yes.
BINGER: And you know that police lines there because you are running towards it?
RITTENHOUSE: Yes.
BINGER: And there's really nothing in the road between you and that police line, is there? After the shooting?
RITTENHOUSE: No.
BINGER: Everybody scatters?
RITTENHOUSE: No. Nothing in the road.
BINGER: So, you have a clear line of sight from where you did those shootings to those law enforcement vehicles, correct?
RITTENHOUSE: Yes.
BINGER: And you still have your AR-15.
RITTENHOUSE: Yes.
BINGER: And the crowd is pretty much run after they hear the shots, right?
RITTENHOUSE: Yes.
BINGER: You still have your medic bag --
RITTENHOUSE: Yes.
BINGER: -- correct?
RITTENHOUSE: Yes.
BINGER: You never once offered to help anybody you just shot, correct?
RITTENHOUSE: I don't.
BINGER: Correct, you don't?
RITTENHOUSE: Correct.
BINGER: Anthony Huber is lying there over on the ground after you shot him once in the chest. Correct?
RITTENHOUSE: Yes.
BINGER: You didn't know at that point whether he was alive or dead, did you?
RITTENHOUSE: I didn't.
BINGER: You never went over to check, did you?
RITTENHOUSE: No.
BINGER: You didn't know whether if it was possible to save his life at that moment, did you?
RITTENHOUSE: I didn't.
BINGER: And you didn't even care? You just kept on walking, correct?
RITTENHOUSE: I kept walking to get to the police line.
BINGER: Gaige Grosskreutz, right after you shoot him in the arm, is yelling "I need a medic." Did you hear that?
RITTENHOUSE: Yes.
BINGER: That's in the videos, isn't it?
RITTENHOUSE: Yes.
BINGER: You don't do anything to help him, do you?
RITTENHOUSE: No.
BINGER: You just decide to get out of there as fast as you can, correct?
RITTENHOUSE: Yes.
BINGER: If you had seen someone running up the street with a gun and the crowd was saying that that person just shot someone, like they were saying about you, you would have taken action to stop them yourself, wouldn't you?
RITTENHOUSE: No, I wouldn't have.
BINGER: You are running around putting out fires, aren't you?
RITTENHOUSE: Yes.
BINGER: Shootings are far more serious than a fire, isn't it?
RITTENHOUSE: Yes.
BINGER: You took it upon yourself to do the things that the police and fire weren't doing that -- fire departments weren't doing that night, correct?
RITTENHOUSE: I helped put out fires, but I wouldn't say that.
BINGER: You went around offering medical service because you didn't think there were EMTs or EMS that would be able to come in there, correct?
RITTENHOUSE: Yes.
BINGER: So, you took it upon yourself to do the things that you didn't think the police or fire could do, correct?
RITTENHOUSE: I wouldn't say I took it upon myself, but I would -- I was helping people with first aid and putting out fires at businesses.
BINGER: So, if you saw someone running with a gun and everybody said "that got shot someone," he would have taken your AR-15 and try to stop him, wouldn't you?
(CROSSTALK)
UNKNOWN: Irrelevance, Mr. (Inaudible).
BINGER: It goes to the crowd's reaction to him, your honor. I think he would have reacted the same way.
(CROSSTALK)
UNKNOWN: Mr. Rittenhouse is at a trial.
UNKNOWN: The crowd is important in terms of it's a factor that bears on some of the accounts as to what the surroundings were. Otherwise, the crowd is unimportant. And what the crowd what he might have done vis-a-vis the crowd is, I don't see where we are going.
BINGER: Understood. When you got back to that police line, and they, what did you say, they pepper sprayed you?
RITTENHOUSE: I believe so, but I don't remember it.
BINGER: They told you to get out of the road --
RITTENHOUSE: Yes.
BINGER: -- because they were going in there --
RITTENHOUSE: Yes.
BINGER: -- to do what you hadn't done, which is to try and help the people that you just shot, right?
RITTENHOUSE: Yes.
BINGER: And then you went back after that to the 59th Street Car Source, didn't you?
RITTENHOUSE: Yes.
BINGER: And you told them that you just shot someone.
RITTENHOUSE: Yes.
BINGER: Someone, meaning an individual person, correct?
RITTENHOUSE: I wasn't meaning an individual. I was saying I just shot someone. I just shot someone.
BINGER: You were told by Nick Smith that the police were coming to your location to the 59th Street Car Source, right?
RITTENHOUSE: I don't recall that.
BINGER: And yet, you decided to flee, didn't you?
RITTENHOUSE: No.
BINGER: You didn't stick around for the police, did you?
RITTENHOUSE: I -- I want to go turn myself into the Antioch Police Department.
BINGER: A couple of hours later?
RITTENHOUSE: An hour --
(CROSSTALK)
UNKNOWN: Correction. It wasn't a couple of hours. (Inaudible) for time he was.
BINGER: I'm asking the witness if the witness can answer.
UNKNOWN: Go ahead, you can answer, sir.
BINGER: It was a couple of hours later, wasn't it?
RITTENHOUSE: No.
BINGER: And in between leaving that location in downtown Kenosha and getting to Antioch, you were looking at social media, weren't you?
RITTENHOUSE: No, I wasn't. My phone was dead.
BINGER: You heard from other people that your name was out there, right?
RITTENHOUSE: Later on in the evening, I believe I heard something, but no.
BINGER: You knew that your picture was out there, right?
RITTENHOUSE: No.
BINGER: You are telling me as you sit here, under oath, that after those shootings, between then and the time you turned yourself into the Antioch Police Department, you had no idea that there was a social media out there with your picture and name as the shooter?
RITTENHOUSE: I'm trying to recall, but I -- I can't. I'm trying to remember. I'm sorry, I don't remember.
UNKNOWN: Any further questions?
BINGER: Nothing further, your honor.
UNKNOWN: You may step down, sir.
UNKNOWN: Your honor -- before calling a witness, I need to use the men's room.
BRUCE SCHROEDER, JUDGE, KENOSHA COUNTY CIRCUIT: About a 5-to-10-minute break? Please don't talk about the case during the break. You may either use the jury room or you may remain down here in the library.
DANA PERINO, FOX NEWS HOST (on camera): All right. We have been watching the trial of Kyle Rittenhouse. It's been riveting the entire day. You are watching THE FIVE. And great to have everybody here, Judge Jeanine, Geraldo, Jesse Watters, and Greg Gutfeld.
Let's go to the judge and get your take.
JEANINE PIRRO, FOX NEWS HOST: I was just checking, how long after the two murders and the one assault or attempted murder the charges were filed? Because this video, the drone, and all of the other information that's been brought together, it took a while to put together -- but this D.A. charged Rittenhouse within 48 hours.
So, the D.A. never really looked into whether or not there was a possibility of self-defense. He just immediately indicted him. And what you are seeing today is a D.A. who was reacting to the whole scenario of what we were doing in a post George Floyd world, in an area where Jacob Blake had just been shot.
You've got a young guy who was a, you know, new CPR, he was a police explorer, he was some kind of fireman cadet. He was a good kid. He went there to clean up the graffiti on the buildings.
He has -- he was exemplified, on that witness stand what every defendant should learn to do. And that is to speak clearly, directly. He stops exactly where he should stop. He doesn't add any further information. He listens exquisitely to the questions, and he -- you know, there isn't even a knee down the part of the defense attorney to object to this prosecutor who is so desperate, so out of control that he's even got the judge going through the roof in that courtroom.
The bottom line here is that this kid has established that when he shot Rosenbaum, the first victim, he was in fear for his own life. When he shot the second guy, Huber, he was in fear legitimately and reasonably of his own life, and when he shot Grosskreutz, the third guy who didn't die, for which he is being charged with attempted murder, he had legitimate grounds for which he used deadly physical force.
So now the question is whether or not the prosecutor can prove now because the burden of proof has shifted beyond a reasonable doubt, that it was not self defense. He can't do it. He can't.
PERINO: Well, yesterday, Geraldo, you said that you thought that this trial might not even go to the point where you have the defendant take the witness stand, but he did. And perhaps that might have been the best thing that he could have done for himself?
GERALDO RIVERA, FOX NEWS CORRESPONDENT-AT-LARGE: It was something that I would not have recommended. Putting the defendant on the witness stand is always problematic. It's a toss of the dice. More bad things can happen than good, but this kid has stood his ground. You know, this is a self- defense case.
Did he reasonably believed that his life was in danger, and was the force he used to defend himself appropriate? And it just seems to me that the kid -- now, he is a dopey kid with a hero complex. You know, he shouldn't have been there. He should not have had the AR-15 and all this and all the rest of it.
But I think he walks to tell you the truth. I don't see how they touch him on the murder case, is the most serious charges. You know, the other one, what is it, recklessly endangering? You know, I think there's a reasonable possibility that aside from the possession of the weapon as a minor, you know, I think that Rittenhouse is going to go.
PERINO: Go ahead, judge.
PIRRO: Well, first of all, I don't think he is dopey kid. Just because he's a Mr. Cool from New York City doesn't make him a dopey kid. OK? This kid practice CPR, trained, he was a police explorer, he was a fire --
(CROSSTALK)
RIVERA: He's a 17-year-old guy, that kid that takes --
(CROSSTALK)
PIRRO: You know what, what should he be doing --
RIVERA: -- his AR-15 to a neighboring state?
PIRRO: You know what, you don't know what it's like in that part of the country, and maybe you do.
RIVERA: I do. I lived there.
PIRRO: You do, you lived there. It's a part of life for them. And you know what, the charges for possession of that weapon, nine months, because he's under 18.
RIVERA: I think that's the only one they got.
(CROSSTALK)
PIRRO: So, let's not -- let's not conflate the issues.
RIVERA: That's the one they have.
PIRRO: That's a good kid, that is a kind of kid who can grow up and have a moral core.
PERINO: Jesse, earlier today, the defense didn't move and asked for a mistrial because of the prosecutor.
JESSE WATTERS, FOX NEWS HOST: The prosecutor is a joke. Not only has he exhibited prosecutorial misconduct. He coached a witness to lie and got caught cold. I've never seen anything like this guy. It's now illegal to defend yourself.
If someone is assaulting you, chasing you, grabbing your weapon, shooting firearms over your head, and then aiming a revolver at your skull, this prosecutor says you can't defend yourself. That is insane. This all started with Jacob Blake.
The prosecutor's office, corrupt Democrat district attorneys, release a falsely edited piece of footage to make it look like this was a cold- blooded racial execution attempt, when in fact Blake was a bad guy who was a rapist and had a knife, and was a danger to police officers and those people in that car.
That all didn't come out until later. But at that point, that inflamed such hostility in the streets -- this is a very tender moment, remember this is just after --
PERINO: Yes.
WATTERS: -- the situation we saw in Minneapolis. So all of a sudden, people start looting and rioting for three straight days. Millions of dollars in damage. Politicians basically told the police to stand down. They weren't doing anything to stop this.
PIRRO: Yes.
WATTERS: Unfortunately, some of these small business owners had to call in help, and this guy -- listen to the call, I agree that he shouldn't have had a gun, probably shouldn't be there, but that's what happens when you treat police like garbage and politicians tell them not to defend law and order. All right?
So, he gets out clear self-defense. Everybody that sees the footage knows that. What do they do? The media comes out and smears this guy as a white supremacist. Joe Biden comes out during the campaign it puts out a tweet linking Donald Trump, says white supremacy with a picture of Rittenhouse with the AR.
That's slander straight up. And then, this corrupt prosecutor goes out and throws a (Inaudible) nasty charges at this guy because he wants to run for D.A. He has already run for D.A. once. This guy has got political aspirations. This is an axis bevel. This is prosecutors, the press, and politicians conspiring to create violence, create a deadly situation. And then, when a deadly violent situation happens, they want a scalp of this kid. And that is -- that is really corrupt.
PERINO: I just want to show that one thing. We have the sound from the judge scolding the prosecution then we're going to go to Greg.
(BEGIN VIDEO CLIP)
BRUCE SCHROEDER, JUDGE, KENOSHA COUNTY CIRCUIT COURT: I was astonished when you began your examination, by commenting on the defendant's post-arrest silence, that's basic law. It's been basic law in this country for 40 years, 50 years. I have no idea why you would do something like that. And it gives -- well, I'll leave it at that. So, I don't know what you're up to.
(AUDIO GAP) get brazen with me. You know very well that an attorney can't go into these types of areas when the judge has already ruled without asking outside the presence of the jury to do so. So, don't give me that.
(END VIDEO CLIP)
PERINO: So, that happened -- that happened earlier today, Greg. And then there is just another angle on this and that is the media coverage at the time and since, and if there's any sort of revisiting of that.
GUTFELD: Yes. As Jesse pointed out, the media coverage of the Jacob Blake thing led to this in so many ways because what they did was they excused the rampant violence, they cheered the reduction of police. And what did that do? It creates a void. Who fills that void? Well, sometimes thugs do, but other times well-meaning citizens who have had enough.
That is the story that is old as time that when there is no police, you become the policeman, hence the reason why you have cops. But I've learned a lot from this prosecutor. Number one, you have to let someone beat you over the head with a skateboard. If you defend yourself, that's on you. You should never shoot a guy pointing a gun at you because he hasn't shot you yet. And remember that. He made that very clear. You know, he hasn't shot you yet.
And when a guy comes at you with a gun up close, he probably won't shoot you because he could have shot you maybe 10 feet earlier. However, he probably would have had a better chance to kill you up close. But that never would have happened because he would have done it already. And some - - but the bottom line is somebody pointing a gun at you is not enough for self-defense. You must be shot first.
What -- the bottom line and Jesse nailed it. Rittenhouse was doing a policeman's job because he could no longer rely on the state or the politicians to provide cover protection for the police. The city was burning and going to hell unabated. So, this kid, rightly or wrongly, acting probably on his own instincts, felt that he could help.
I love Jeffrey Toobin's take today where he says Rittenhouse is lucky that he's not on trial for being an idiot. And this is a guy who should --
PIRRO: This is Toobin?
GUTFELD: Yes. He should be really thinking about a concealed permit before going after Toobin, you know what I'm saying?
PIRRO: Yes.
GUTFELD: But I think that what you're going to see now is if the media -- if the media deliberately blocks this information from coming out and instead -- because for example, you never would have known that Gaige had pointed the gun at this guy if you've been following the media's coverage of this.
Therefore, if he is acquitted, you're going to have the same thing where people go, oh, my god, white guy -- white guy acquitted. He could do whatever he wants. Even though he shot white people, it doesn't matter because our -- because our media is interested in the racial divide more than anything.
They're going to make it about race. Rex Chapman already did it on Twitter. And then, what's going to happen is you're going to have the activist class egged on by the media once again at CNN saying, you know, it is time to scream and yell and yes restorative justice can't take the shape of looting and arson. But that's because we are now in the business of misinforming the public to create conflict.
PERINO: We have a montage that our team put together of some of the media coverage. If you could roll that for us, please.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: To defend the actions of a 17-year-old man who killed two protesters, one of which was armed with a skateboard. And the last time I checked, I don't think a skateboard could kill someone.
UNIDENTIFIED MALE: A 17-year-old kid from out of state, a boy from out of state, drives up to the state with an AR-15 around his neck, shoots and kills a couple of people, shooting wildly, running around acting like rent- a-cop.
UNIDENTIFIED MALE: And it's not good that a 17-year-old vigilante, arguably a domestic terrorist, picked up a rifle drove to a different state to shoot people.
(END VIDEO CLIP)
RIVERA: What's the name of this guy?
PERINO: So, the media continue -- Hellmann -- the media continued to -- I mean, basically, Baskin Glory I guess is one of these things. As the judge goes forward with this -- with this request from the defense for a mistrial, is that a possibility?
PIRRO: You know, I don't think at this point the judge is going to grant the request for a mistrial. But I do have something to say about the judge and the way the judge acted in this case. The judge lost it and he lost it for good reason. What you've got is the prosecution, crossed the line that is as old as the constitution where you have a right to not incriminate yourself.
And the -- and the prosecution is trying to make this kid someone who is not entitled to the right to remain silent. You know from every TV show you ever watch, you have a right to remain silent. But this prosecutor is saying, this is the first time you talked about it since you -- since this thing happened as if therefore you're not entitled to have the right to remain silent.
And everyone in their mind when they go into the jury room is going to say, gee, I wonder. He had to think it all through and work it all through. That's a fundamental mistake by the prosecution. So, when the judge says, why would you even do that, I can't figure out why you would do it, the prosecution wants to push a mistrial here because the prosecution knows they're losing.
This kid is one of the best witnesses I've seen on the witness stand without a doubt. He has an uncanny sense for what to say and when to stop.
PERINO: Well, and he's -- and he's fighting for his life. We're going to go back to the trial in just a moment. We're getting one more comment from Geraldo and Jesse. Geraldo, you first.
RIVERA: The defense does not want a mistrial at this stage. The defense is winning. This is not -- this is not a domestic terrorist. It is clear that the image that was built is built on false Legos, that this is a 17-year- old kid, again, I go back, a dopey mistake, hero complex, I can save my community. I'm -- you know, I'm just like all those great people --
GUTFELD: You just described people that joined -- that joined the military. They're usually 17.
RIVERA: Maybe so. Maybe so.
GUTFELD: They want to help -- they want to help their society.
RIVERA: Understand that I am announcing that I believe he's going to be acquitted.
GUTFELD: Yes.
RIVERA: This -- the prosecution missed the mark. The prosecution tried every dirty trick they possibly could. The facts don't work for the prosecution. The kid was reasonable in his use of force and deadly force and that's what it's about.
PIRRO: Geraldo, don't you think that once the D.A. had the drone information, had the information from the witnesses, they should have at least offered a plea here because the D.A. jumped. In 48 hours, you indict in a case like this, you don't even know the facts in 48 hours. There should have been some recognition that this was a loser case.
RIVERA: I wonder at what point right the defense knew that they were going to put the kid on. I want to know if they led the prosecution down the primrose path, to then whack them with a kid that was impenetrable from the point of view of this lame prosecutor.
PIRRO: We've known for a long time that the drone video has been out there. We've known that.
RIVERA: But when -- whether the kid was going to testify. I didn't know the kid was going to testify.
PIRRO: Yes, but we don't -- obviously, you don't have to tell anybody your kid -- that he's going to --
PERINO: You're right. Let's get Jesse.
PIRRO: Go ahead, Jesse.
WATTERS: The montage we showed of the press, that was so sinister. They have lost control of information in America. They used to have total control. So, they used to go on TV and lie. They used to -- you look at the headlines covering this story. It's almost like they're watching a different trial than the rest of the country.
We have the internet now. We see all different angles of footage. We can actually watch testimony live. And they are trying to sell a lie to their audience because maybe their audience isn't watching or maybe the audience wants to be lied to.
RIVERA: Can I say one thing?
WATTERS: Because they're not interested in the truth, Geraldo.
RIVERA: One thing. We have to be careful not to be rooting for the kid, you know what I mean?
WATTERS: I'm rooting for justice, Geraldo.
RIVERA: Yes. That's what --
WATTERS: And they should be rooting for that too.
RIVERA: As long as we are rooting for justice.
WATTERS: Sometimes things goes sideways from their narrative, you move the narrative towards the truth, and they have not done that.
RIVERA: The kid shouldn't have not been there, but they shouldn't have not threatened him with their pistols, they shouldn't have whacked his head with the skateboard.
WATTERS: This is clear self-defense, Geraldo. Everybody knows that.
RIVERA: I am saying it is a reasonable --
WATTERS: OK.
GUTFELD: You know, it's funny. It's hard not to personalize this but I keep thinking like, OK, you know -- they keep saying, he went straight -- across state lines. It's actually pretty close to where he lives. It's where he works, right? It's where he works.
WATTERS: His father lives in Kenosha.
GUTFELD: Yes, so I'm thinking --
PIRRO: (INAUDIBLE)
(CROSSTALK)
GUTFELD: Got it. Got it. Got it. I know that. What I'm saying is, if I were 17 and my community was being destroyed and I had -- and I was there and I had these skills -- and again, I'm 17 and I am an optimistic, hopeful person, and I'm watching my community be destroyed, which -- would I hide in my house? I don't know what I would do, but I would definitely be outside and I would definitely go and see what I could do. I don't know if I would have a gun because California, it's different. But I would have been there.
WATTERS: And for the most part, as he's testified and as witnesses have testified, he was putting out fires and delivering medical aid. That's what he was up to.
RIVERA: That was the least believable part of his testimony.
PIRRO: No, but -- no, they have videotape --
WATTERS: Really? Well, because witnesses testified to the same thing, Geraldo.
PIRRO: They have videotape of him cleaning graffiti and witnesses saying that he applied medical aid to them.
PERINO: And he explained -- and he testified to that as well. Look, we're going to just take a very quick break. We'll have more of THE FIVE coming right up.
(COMMERCIAL BREAK)
RIVERA: Welcome back to THE FIVE. The judge, Judge Schroeder in the Rittenhouse case has dismissed the trial for the day. They will restart tomorrow morning. So, we'll skip full coverage and Dana's show in the morning, Dana and Bill will have it all.
PERINO: Thank you.
RIVERA: I confess on a comic relief note to experiencing some joy when my least favorite Congressman Adam Schiff got spanked in broad daylight on The View, finally being forced to answer for his toxic role in promoting the totally discredited phony Trump Russia dossier that tortured then-President Trump and put the country through hell, utter hell.
Watch Schiff squirm through this tough line of questioning from Morgan Ortagus.
(BEGIN VIDEO CLIP)
REP. ADAM SCHIFF (D-CA): The President also sought to get --
MORGAN ORTAGUS, CO-HOST, THE VIEW: You made -- help spread disinformation yourself for years by promoting this. I think that's what Republicans and what people who entrusted you as the Intel Committee Chair are so confused about your culpability in all this.
SCHIFF: Well, I completely disagree with your premise. It's one thing to say allegations should be investigated and they were. It's another to say that we should have foreseen in advance that some people were lying to Christopher Steele which is impossible of course to do.
But let's not use that as a smokescreen to somehow shield Donald Trump's culpability for inviting Russia to help him in the election, which they did. None of that is undercut, none of that serious misconduct is in any way diminished by the fact that people lied to Christopher Steele.
ORTAGUS: No, I think just your credibility is.
(END VIDEO CLIP)
RIVERA: His credibility is non-existent. This was totally BS. And it put the country, Judge, through agony and it tortured him and I think made him crazy. It was awful.
PIRRO: It made who crazy?
RIVERA: President Trump.
PIRRO: No, I don't think it made him crazy.
RIVERA: I mean, not literally crazy.
(CROSSTALK)
PIRRO: It would have made me crazy but I think he kind of held it together.
RIVERA: Right. Right.
PIRRO: But here's the thing.
RIVERA: But he did hold it together.
PIRRO: This guy, Schiff, he's a sack of Schiff. You know, this is a guy who --
RIVERA: Can you say that slowly?
PIRRO: Sack of Schiff. This guy is constantly running around saying I've got the evidence, I've got proof beyond a reasonable doubt. And even in his denial, he says, we can't -- we can't shield Trump from inviting Russia -- asking Russia to help him in the election. I mean even if -- when he showed to be a liar that he didn't have any evidence, he didn't have proof beyond a reasonable doubt, he's not willing to apologize for it, we hated each other in America. Families didn't talk to each other about Russian collusion.
RIVERA: Still in my family.
PIRRO: For the first time, and they're still talking about it, is that Russia and not China is the biggest enemy of the United States at this point. I think he's a pathetic individual and I don't believe a word he says.
RIVERA: And I think to Judge's -- to Judge's point, that this led -- figure in the chain -- remember the chain of events. This led I think directly to the first impeachment. This unsettled the republic in a way that was very profound for what the third time in American history. This is not a little thing that this punk did.
WATTERS: Schiff ruined many Watters Thanksgivings because he made my mom deranged. I'm serious. This really destroyed the country. That's what Trump wanted to do over. Remember, he said he would take away Russian. And said I should get a do-over.
We now know that the Democrats started the hoax, the Democrats paid for the dossier, and now we know the Democrats put the lies in the dossier. So, Schiff comes out on The View of all places and gets his teeth kicked in. He's been doing interviews the whole year, and now all of a sudden he has to go to The View where a guest host Morgan Ortagus holds his feet to the fire. That is so pathetic that it took this long for the press to ask him a straight-up question.
At this point, we have to assume everything the Democrats say is erroneous. At this point, we're going to find out the election was rigged, Greg. I'm just waiting.
GUTFELD: It was.
RIVERA: That's a counter-narrative. But Dana, there was a suspension of decency in the way the Russia collusion --
PERINO: Completely. Sure.
RIVERA: -- probe was carried out. And there was no fair play for the president. And I really believe that William Barr saved the republic by sticking up with Trump and saying, they're going to make him nuts by continually attacking him for something he totally denies. And then -- and then, when the Mueller report came out, exonerating him essentially, still they were the Thanksgiving dinner conversation.
PERINO: Even today. I mean, even after these indictments and even after all that we know about what's been happening with the Durham investigation, the congressman goes on -- he's written a book. That's why he's on The View. Let's not forget. He's written a book. That's why he's out --
PIRRO: What's it called? Do you know the name of it?
PERINO: I don't know. I don't know. Let's not give him any more promotion. But that's --
RIVERA: How I screwed the country.
PERINO: So, he wants to promote a book. He hasn't had to do a tough interview in years because he doesn't put himself in that position. And he probably did not expect that from Morgan who had the right tone. She also knows what she's talking about. And he's basically said you can't believe what I say but still actually you have to believe everything that I say. He reminds me of the prosecutor in the Rittenhouse trial.
WATTERS: Yes.
PIRRO: Yes.
PERINO: I mean, it was not dissimilar.
RIVERA: You know, it's interesting that you say that because it puts -- it discredits our institutions so profoundly. Like, in the -- you see a prosecutor lying, you see the prosecutor in the -- in the Russia collusion case making crap up.
PERINO: Right.
RIVERA: And it kind of deflates you because these were the building blocks of our republic. You know, you have -- if you can't trust the state to prosecute honestly, if you can't trust the Justice Department to investigate honestly --
PIRRO: Yes.
RIVERA: I mean, what --
PERINO: Well, the truth is coming out. And you know, the wheels of justice turn slowly but also it will be exposed. I'm confident of that. And I think that if I were Hillary Clinton, on my next book, I would not go and try to sell it on The View if Morgan Ortagus is the guest host.
RIVERA: But Greg, to your point about the Rittenhouse trial and our comments being so out of sync with the majority, this Russia collusion news is not carried anywhere.
GUTFELD: This is -- this is probably the biggest point because as much as I am repulsed by Adam Schiff -- hold that thought -- I also want to say it was great to see Morgan Ortagus on The View. It was like -- she seemed so out of place with her pleasant serious tone. It's like seeing Dana at an S and M dungeon. That seems so weird.
RIVERA: That's a visual.
GUTFELD: Yes. But so -- OK, so, like, I'm disgusted by him. But he didn't do this by himself, right?
PERINO: Right.
GUTFELD: If you think about 2016 to 2020, the number of hoaxes that were created by the Democrats but engineered really by the media -- you had the fine people hoax, you had the Russian hoax, the drinking bleach hoax, the white supremacy movement hoax, what happened to that? All these things --
RIVERA: Or the hookers in the hotel room.
GUTFELD: Yes. Well, that's the Steele Dossier. And that is the Russian collusion. That's how it started. So, all of these things did untold damage to so many people.
PIRRO: It's terrible. It's terrible.
GUTFELD: The personal, political, institutions, the media, intelligence --
PERINO: Financial.
GUTFELD: Republicans used to be pro-FBI, pro-DOJ, pro-CIA.
PIRRO: No more.
GUTFELD: No. They are now as radical as Abby Hoffman. Like, we're all now on the same side as Glenn Greenwald and Matt Taibi because we all now saw what they had seen years ago. But where -- my question is where is the legitimate reckoning for this five-year hoax? Like, what can you do? Because clearly, he's not going to be voted out. This guy thinks -- he's still going to run.
And by the way, why does he keep saying erection instead of insurrection? What's up with that?
PIRRO: Who, Schiff?
WATTERS: Pencil neck.
RIVERA: So, what about --
PIRRO: Pencil neck.
RIVERA: What about what Jesse said about families divided? You know, there's alternate realities now.
PIRRO: Why are you asking me that?
RIVERA: Because you have kids.
PIRRO: Yes, I have kids, but you know, most of my kids are with me.
WATTERS: They're sensible.
PIRRO: Yes, they're sensible. Look, here's the bottom line. We have never been torn apart as a country as we were by this Russia collusion delusion. They hurt all of us and they -- and you know, I had friends for years who won't talk to me because of Donald Trump as if he is a Putin puppet or a Russian asset. It's really disgusting what they did. They divided us.
RIVERA: It is horrible. My family is split.
PIRRO: I don't know if it will ever come back.
RIVERA: It's terrible. It's terrible.
PIRRO: Bad stuff.
RIVERA: "ONE MORE THING" is next.
(COMMERCIAL BREAK)
PERINO: Welcome back. Hey, before we get to "ONE MORE THING," don't miss THE FIVE tomorrow. We'll be outside on Fox Square for Veterans Day honoring the brave men and women who serve our country. And it's going to be fine time had by all. We'll be there. All right, Greg, you're first.
GUTFELD: Let's do a first for this one here. Greg's electrifying news. Not much to say here but I thought it was kind of interesting to see a long- haired Chihuahua with static hair. This is a -- his hair got -- from the static in the electricity made his hair stick out. So, it's a chihuahua's hair news.
WATTERS: I have some product for him.
GUTFELD: I bet you do.
PIRRO: They put -- they put gel on his hair.
GUTFELD: No, that's real. That's real. That's absolutely real.
PERINO: That's pretty cute. It's pretty cute. You should try that -- Geraldo could pull that off.
GUTFELD: Yes.
PIRRO: I don't know about you, guys. All right, Jesse.
WATTERS: Happy Birthday to the Marine Corps. In 1775, on this day, the Continental Congress established this branch of the military. Guests where the recruiting headquarters was. In a tavern, obviously.
PERINO: Of course.
RIVERA: Of course.
WATTERS: It's Tun Tavern in Water Street in Philadelphia. That's where they got their first recruits. And you know, these guys have been just using naval assets to protect power all over the world. So, happy birthday to the Marines. We love you.
WATTERS: Buy them a beer tonight if you see one.
GUTFELD: Absolutely, absolutely.
PERINO: Well, I've got some footage of Jesse running against Sandra Smith in the New York City Marathon. If you can check this out here. I think -- here we go. There you go. Yes, he's try to keep up there. There you go. I don't -- I don't know how this happened, but this duck decided to run a lot. He's so cute. Isn't that amazing?
PIRRO: It is.
PERINO: I heard Jesse that you've been challenged.
WATTERS: I'm a little faster than that.
PERINO: I heard you had been challenged.
WATTERS: I have been challenged and I have not accepted.
PERINO: OK. All right, well, we'll keep at it then.
GUTFELD: He usually runs from the bill.
PIRRO: Oh, that's good.
PERINO: Geraldo?
PIRRO: OK, Geraldo.
RIVERA: Kind of a stretch. Here's the latest edition of Geraldo's Geraldo News with Geraldo.
PERINO: That's the only "ONE MORE THING" you'll do?
WATTERS: Yes.
RIVERA: Let's talk golf for a great cause. You know, Sean Hannity often helps me with our golf tournament for Life's Work, a charity devoted to helping the disabled. Well, how about playing -- the disabled playing golf for themselves. It's really a wonderful program. A group in my hometown of Cleveland at the Wharton Center, PGA professionals, therapists, volunteers from places like the Cleveland Clinic, the local VA, including my own PT, Jeff Hauser, participate in this program with the disabled, actually get to play golf, regardless of the disabilities.
It's -- they use the -- you know, whether they have strokes, amputees, traumatic brain injuries, cerebral palsy, Parkinson's, whatever, they get to play golf.
PERINO: Awesome charity.
RIVERA: It's wonderful, wonderful, very helpful.
PERINO: All right, Judge, you go.
PIRRO: OK. Now, when you bring home a new pet, you usually can be pretty sure of the species, right? So, this family found a pet and they brought him home. They called them Run-Run, because he was constantly chasing local farm animals like chickens and ducks. So, he's probably in the marathon too.
But here's the problem. This family --
RIVERA: That's a coyote.
PIRRO: -- had shocked their lives when they discovered their new pet dog was a wild fox, OK. The fox has since run away from their home, because after three months, he turned from a puppy into a fox. And so, the fox has run away since they put out a warrant to shoot him, and they are hoping to find him and return him to his natural habitat.
GUTFELD: That's fox news.
PIRRO: That's the last of the foxes on Fox News.
PERINO: Fox news alert.
GUTFELD: All dogs are foxes.
PIRRO: No. All foxes are foxes.
GUTFELD: No, all dogs -- all dogs --
(CROSSTALK)
PERINO: Is a fox -- is a dog a fox?
GUTFELD: Yes. All dogs think they're foxes. You can't -- yes, they all do.
PIRRO: No, foxes think they're fox.
RIVERA: Do cats think they're tigers?
PERINO: Fox comes from the wolf.
PIRRO: There was Fox chase and the dogs --
GUTFELD: Dogs are foxes. Trust me on this.
PERINO: Help us. I'm going to have to Google this on my way home. All right, that's it for us, everyone. Don't miss Exclamation Point tonight. "SPECIAL REPORT" is up next.
GUTFELD: Judge Jeanine is on.
PERINO: Hey, Mike Emanuel.
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