'The Five' react to claims Bloomberg is buying votes for Biden

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'The Five' react to claims Bloomberg is buying votes for Biden<br>

Former New York City mayor raises millions to help ex-felons cast ballots

This is a rush transcript from “The Five" September 23, 2020. This copy may not be in its final form and may be updated.

DANA PERINO, FOX NEWS HOST:  Hello, everyone. I am Dana Perino, along with Kennedy, Juan Williams, Jesse Watters, and Greg Gutfeld. It is 5:00 in New York City, and this is THE FIVE. Fox News alert, protests underway in Louisville, Kentucky, after one officer was indicted in connection with the death of Breonna Taylor.

Ex-cop, Brett Hankison faces three counts of first-degree wanton endangerment. The grand jury, however, did not charge any of the three officers directly in Taylor's death. Matt Finn is on the ground in Kentucky with the latest, since I've seen you in about -- I have not seen you in about two hours, Matt. What is the latest?

MATT FINN, FOX NEWS CORRESPONDENT:  Well, Dana, we were in Frankfurt, the capital, for the attorney general's press conference. Now, we are back here in Louisville. Our reporter, Jeff Paul, is actually among the protesters.

Now, I am here in the downtown area. A large portion of this downtown has been entirely blocked off, barricaded by police.

There are heavy trucks and physical barricades here, police only letting in essential personnel. But the big news today, of course, is that not of the officers in the Breonna Taylor case were charged with murder. One former officer, Detective Hankison, was charged with wanton endangerment, three counts. That's a much lesser charge.

Of course, there are many people here on the ground and across the nation who are not happy with today's outcome. The attorney general says two out of three of the officers involved, Cosgrove and Mattingly, were of authorized to use force in the Breonna Taylor case. They were returning fire because they were shot at first.

The Kentucky attorney general also says all three officers were not involved in obtaining the actual warrant. They only had the information relayed to them about carrying it out, and that evidence shows that the evidence shows the officers knocked and denounced at Breonna Taylor's apartment. It was not a no-knock warrant according to Kentucky's attorney general.

The attorney general says that was corroborated by independent witnesses.

The AG also revealing Breonna Taylor was actually shot six times, not five times. Only one was considered fatal. But the attorney general says his office could not definitively conclude who fired that fatal shot. The FBI says it was Officer Cosgrove.

Now, in a statement, the officers reported that after they entered Breonna Taylor's apartment, forcibly entered, a male, Breonna Taylor's boyfriend, Kenneth Walker, was holding a gun. His arms were extended in a shooting stance. And that Walker testified or told police that he did fire the first shot at police, hitting one of the officers in the leg.

And that ultimately, all of the officers responded. Here's Breonna Taylor's attorney responding to this a short while ago.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE:  She's in her apartment. She's in the sanctity of her home, the place where you are expected to be safe.

(END VIDEO CLIP)

FINN:  The Kentucky attorney general says he is a black man speaking on behalf of his entire team. And as a black man, he understands how painful this is for the black community, which is why he says his team investigated every fact. He says the scrutiny his team has received is, quote, "misplaced" because they were looking for the truth, which they believe they arrived at.

The Kentucky attorney general saying twice today that criminal law is not always meant to respond to what he calls a tragedy.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE:  But my heart breaks for the loss of Ms. Taylor. And I have said that repeatedly. My mother, if something was to happen to me, would find it very hard. And I have seen that pain on Ms. Palmer's face. I have seen that pain in the community.

(END VIDEO CLIP)

FINN:  And that man, the attorney general of Kentucky, did not comment on the makeup of the grand jury, the age and the race of the grand jury. He says because this case is so sensitive, he's not going to do that right now. He also said he is going to start a task force to investigate warrants, you know, and warrants such as knocking and entering in the Breonna Taylor case to determine, you know, if the is legality and how unnecessary they are moving forward.

Also, he says that celebrities and influencers are going to try to imply that they know Kentucky laws better than the attorney general and his investigators. And he's urging people not to give into those influencers'

attempts to capture emotion, Dana.

PERINO:  All right. Matt, if you'll stay with us. We want to go now to Jeff Paul. He's in Louisville. He's following the protests, hey, Jeff.

JEFF PAUL, FOX NEWS CORRESPONDENT:  And Dana, things really taking a turn here in Louisville after several hours of peaceful and very spirited protesting and marching through the street. You could see what is set up right out here about half a mile away from the mayor's home. You have several police officers out here, and that sort of where they drew the line.

Marchers came right up to that line and they wouldn't let them through. And there was some sort of interaction between police and a few of the protesters, and then the police officers started just rushing through this way. And they pushed them back. I want to just step in the street real quick for a second. And they pushed them back that way down the street where we assume and haven't been able to make it over there yet.

But we assume the majority of the protesters now remain on that side of the police blockade. About 12 people, I would say, were arrested out here. They had these plastic kind of zip ties around the back of them, and then they were carted out of here in some big police vans. And really what is interesting is we've got this curfew tonight that's been implemented at

9:00 p.m.

So we'll see what the rest of the night holds because there are still several protesters out there trying to -- wanting -- seemingly wanting to get closer and closer to the mayor's house after the announcement was made today in the Breonna Taylor case, Dana.

PERINO:  All right, Jeff, thank you. We're going to take a around for just a few questions. Matt, can I start with you on something? The attorney general was asked what it was like when he met with Breonna Taylor's family today. And he spoke very movingly about how was it was extremely difficult.

All right, we lost Matt. But that was a great question, and I wish we could get an answer.

Because what I was going to ask -- and Jeff Paul, maybe you have the answer to this. He talked about how he had met with Breonna Taylor's family. But have we heard directly from them and not from lawyers?

PAUL:  I think there was a small statement put out by the sister of Breonna Taylor, if I remember correctly. Again, I've been out here running around with protesters. We don't have a lot of cellphone signal. But I believe one of the sisters put out some sort of, like, statement about, she doesn't know what to do next, I believe. Again, don't quote me on that. But you definitely people out here are thinking of that family.

PERINO:  Indeed. Thanks, Jeff. And Matt, you are there. I won't take up all the time. We will let Kennedy ask a question if she's got one for you.

LISA KENNEDY MONTGOMERY, FOX NEWS HOST:  Matt, good to talk to you.

FINN:  Yes.

MONTGOMERY:  Stay safe out there. I know there's a 9:00 p.m. curfew. But what are police doing specifically to make sure that there is not violence and property theft that might be a little different reaction than in some of the cities we have seen throughout these troubles and riots over the summer.

FINN:  Sure. Let's actually walk here. We are in downtown Louisville. I have to say we've been here for more than a week now. This city, over the past 24 to 48 hours, has been so heavily boarded up and shut down, at least in this square mile radius. We watched as hundreds of businesses boarded up here in the past 24 to 48 hours.

We know. We showed you a short while earlier. There are only certain ways in and certain out. Police are forming these very intense barricades, only letting essential personnel in. You could those large trucks down the end of this road as well. And that scene is repeated all across downtown Louisville. Also, you know, our Jeff Paul is walking among the actual protesters right now.

I am hearing that arrests are being made, that there are human barriers being formed already. You know, beginning yesterday morning, police started to close off these streets. Businesses started boarding up. And there was, you know, actual some local reports and reactions saying, hey, this is, you know, too strong of a reaction.

But apparently, you know, the police department and the mayor, wanted to be completely prepared for this decision, and here we are. There are many people who are unhappy with it. So you can imagine that the protests, which have already started, are going to go through the night. Hopefully, they do not become violent.

But, you know, I have covered protests in Minneapolis, in Portland, in Seattle, in many cities across the country. And unfortunately, as the sun starts to set, which is going to begin to do in just a short while, things could take a nasty turn. I will say, at least, authorities do seem very much prepared here in Louisville.

PERINO:  All right. I think we have time for one or two. Juan Williams, did you have a question for either of them?

JUAN WILLIAMS, FOX NEWS HOST:  Sure. Matt, as I understand it, the decision made by the attorney general, he mentions the use of the gun by the boyfriend. That gun was legally held, is that right?

FINN:  That is my understanding. And the attorney general said today that, you know, the two officers that were not charged were authorized to use the force that they did because, you know, investigators believed that Kenneth Walker fired first at them, that Kenneth Walker even testified that he fired first at them. So they were simply returning his fire.

PERINO:  All right. Matt Finn, thank you. I'm sure will be in touch with you for the rest of the evening. And Jeff Paul, thank you as well. And we will continue to monitor that situation in Kentucky. But we're going to switch gears. Up next, Joe Biden blasts Bernie Sanders. Will that hurt him with the far left? Plus, Michael Bloomberg could be in legal trouble with what he is doing in Florida.

(COMMERCIAL BREAK)

JESSE WATTERS, FOX NEWS HOST:  Lots of 2020 news to tell you about, Joe Biden trying to win over moderate voters by attacking socialist Senator, Bernie Sanders. Take a look.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE:  If you could address our camera directly, talk to the voters that are worried about socialism and you raising taxes.

JOE BIDEN (D) PRESIDENTIAL CANDIDATE:  First of all, I guarantee, I promise. I've never broken my word. Anyone making less than $400,000 will not see one single penny in their tax raised. Number two, I beat the socialist. That's how I got elected. That's how I got the nomination. Do I look like a socialist? Look at my career, my whole career. I am not a socialist.

(END VIDEO CLIP)

WATTERS:  And Florida's attorney general is calling for an investigation over allegations billionaire Mike Bloomberg is buying votes in the state.

The former New York City mayor raised millions of dollars to pay fines for felons so that they could cast ballots in November. Florida Congressman, Matt Gaetz, saying it could be criminal.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE:  I believe there may be a criminal investigation already underway of the Bloomberg-connected activities in Florida. It is a third- degree felony for someone to either directly or indirectly provide something of value to impact whether or not someone votes. So the question is whether or not paying off someone's fines and legal obligations counts as something of value. And it clearly does.

(END VIDEO CLIP)

WATTERS:  All right, Juan. Florida statute 104.061, subsection 2, third- degree felony. He can't do that. You can't give someone a thing of value to influence their vote. And Mini Mike's team confessed in a memo that they have -- in the Washington Post they admit. They say they are not paying fines for all felons. They're just paying fines specifically for black and Hispanic felons as an incentive to vote for Joe Biden. Mini Mike's not going to do well in the slammer.

WILLIAMS:  Don't worry then because he's not going.

(CROSSTALK)

WATTERS:  But it's not illegal, Juan.

WILLIAMS:  Yeah, it's legal.

WATTERS:  No, it's not.

WILLIAMS:  Of course, it's legal. I'll tell you what's not legal, is that after the voters of Florida said felons should be allowed to vote. You get Republicans in the legislature changing the rules. So they say, oh, yeah, but you've got to pay off these debts. I mean, basically, that's like an indentured servant.

(CROSSTALK)

WILLIAMS:  No --

(CROSSTALK)

WILLIAMS:  -- the voters of the state of Florida in a political action meant and intended to benefit Donald Trump. And that's the illegal action -

-

(CROSSTALK)

WATTERS:  So it would be like Sheldon Adelson, Greg, out in Nevada, saying you know, I'm going to wipe everyone's gambling debts clean --

PERINO:  Oh, yes.

WATTERS:  -- as an incentive to vote for Donald Trump.

GREG GUTFELD, FOX NEWS HOST:  That would work on me. Oh, am I in the hole.

Bingo is killing me. You know, the Dems must be really proud to be the party of felons. Because that's exactly what Bloomberg has inadvertently painted them as, because we know why he's doing this. It's so Biden wins Florida. So these -- he assumes felons will vote Democrat.

And he has put that front and center in everybody's brainpan. This, after the Democrats, prominent Democrats were bailing out rapists and murderers and rioters. So they don't give a damn about the victims. They only care about the criminals. Now, I want to comment on Joe Biden. Joe Biden says he beat the socialist. Yet, he absorbs all of his principles.

So he's like a political pac-man. After he gobbles up the candidate, he just takes all of their principles or their policies. I would assume that if you're the frontrunner, you would stick to the issues and the stances that got you to the front, not just wilt and just subsume. Is that the word, Dana, subsume? It's a good word.

PERINO:  Big word.

GUTFELD:  I got it off the Word of the Day Calendar you gave me for Christmas in 1993. But he just absorbs everything because he has nothing.

That's the sad thing. He has nothing.

WILLIAMS:  He has enough to say that he's not the socialist. Bernie is a self-identified socialist.

GUTFELD:  True.

WILLIAMS:  And the Joe we know for so many years, as you guys like to point out, is a moderate Democrat.

(CROSSTALK)

GUTFELD:  -- you have to deny you're losing.

WILLIAMS:  Let me just tell you something. The candidate being backed by the communists, the Russians, oh, gee.

GUTFELD:  Hunter, Hunter Biden?

WILLIAMS:  Donald Trump.

(CROSSTALK)

WATTERS:  What about the communist Chinese?

(CROSSTALK)

MONTGOMERY:  -- because Russia, they're not the only commies on the planet.

In fact, you have got commies that have a much, much bigger economy in China. And I'm more worried about them and their election-tinkering, frankly.

WILLIAMS:  Why is that? The FBI says the Russians are the primary actors.

MONTGOMERY:  Oh, and I trust the FBI --

(CROSSTALK)

WATTERS:  Let Kennedy speak.

MONTGOMERY:  Can I make a point?

WATTERS:  Please.

MONTGOMERY:  I like the idea of beat the socialist as some sort of millennial drinking game. But if Joe Biden keeps saying stuff like that, he's going to get cancelled, because AOC came out last week and swore, like, Joe Biden is going to go so far left after the election, you guys, we have nothing to worry about. And don't forget. Bernie Sanders is writing a lot of his platform.

Joe Biden is not a guy. Joe Biden is a committee. And Bernie Sanders has a very important seat at that committee table.

WATTERS:  So do you think the Bernie bros, when they see that sound on bite, they get angry at Sleepy Joe?

PERINO:  I think that the Bernie bros are fickle fans of Biden, and they -- you know, next Tuesday, we will have the first debate. And a lot of people are already locked into their positions. Republicans are locked in.

Democrats are locked in. I don't even think there's that many persuadable voters out there.

GUTFELD:  I am undecided.

PERINO:  Oh, really?

(CROSSTALK)

PERINO:  I do think that the progressive left, however, if they are watching the debate, and if they are not satisfied, like, that might actually be the most important constituency for Biden next week.

WATTERS:  It's a good point. So if Trump tries to pin him down on being a socialist, and he spends the whole debate protesting I'm not a socialist.

The Bernie bros go click.

GUTFELD:  It's like that guy that -- the Trump supporter with the little -- Biden -- the Bernie supporter with the bowtie that almost started voting for Trump. You're going to see that, that voting for Trump as a vindictive response.

WILLIAMS:  You know, I think it's a binary choice. You get Biden or you get Trump. So for the people on the left --

(CROSSTALK)

MONTGOMERY:  That is some astute analysis.

WILLIAMS:  Can I finish? Thank you. But I think -- I think for people on the left who are concerned about -- they have to be aware that it's part of the Republican strategy to try to get a wedge between them and Biden, so they want to promote people in the Green Party. Remember Jill Stein last time? Or they want to promote Kanye West, remember him? They are still time to get him on ballots. And there is a clear reason. Suppress the votes --

(CROSSTALK)

GUTFELD:  More candidates suppress the votes. I had no idea.

(CROSSTALK)

GUTFELD:  You have no evidence -- no evidence.

(CROSSTALK)

MONTGOMERY:  That is not suppression.

(CROSSTALK)

WATTERS:  Juan, stop talking. The Republicans aren't doing a very good job suppressing the vote if you guys won the popular vote last time. Coming up, GOP senators released their report on Hunter Biden and his dealings with Burisma, Greg's mono next.

(COMMERCIAL BREAK)

GUTFELD:  We have finally got an answer to where is Hunter. Apparently, he has been everywhere, influenced peddling like a nepotistic grifter on a unicycle. GOP senators released their report on Hunter Biden's shady dealings when his pop was VP. Joe claims his kid just got lucky and found a job on Craigslist. But in 2015, Obama officials alerted the White House, said Biden's odd Ukrainian business deals may be a conflict of interest since his dad was overseeing Ukrainian problems.

There was the smoke of sleaze, lavish spending, wired mountains of cash.

Meaning, they shared the exact concerns Trump had when he made that perfect phone call. But when your dad is the number two guy, Hunter could look out for number one. Making millions he made more doing nothing then you'll make in a lifetime of working hard.

And the White House ignored the lunacy of the VPs son sitting on a board of a company owned by a corrupt oligarch, while the White House tried to deal with the corruption. Joe should have stopped this but he didn't. Treasury records show potential criminal transactions between Hunter, his family, and Ukrainian, Russian, Russian, and Chinese nationals, some linked to prostitution and human trafficking.

The Dems' response, this probe, wasted effort that could have been directed at COVID, this from the clowns who embraced a phony dossier for years, then gleefully shelved the pandemic aside to indulge their impeachment fetish.

And speaking of clowns with fetishes, the media have already buried the story. It's a hatchet job, they say. Dems call it a witch hunt. Who cares?

What goes around comes around. This ain't the Steele dossier. It's the real dossier, no wonder it's not leading the news. So Juan, this is great. We have got Russians, sex trafficking, money, this is the dossier you wanted all along. It's just the wrong guy.

WILLIAMS:  Wow. You know, you hear people go off and slander somebody. I just think, wow, that was awesome.

(CROSSTALK)

WILLIAMS:  That was really something. Because the reality is that Senator Johnson of Wisconsin, who led this effort, I mean, he said we are going to show that Joe Biden's unfit for office. So the report comes out, 80 something pages, everybody's looking around. And there is nothing, zero, to indicate that Joe Biden did anything wrong, zero.

So, you know, when you look at something like this, I mean, I think it was your fellow Republican, Mitt Romney, who said --

(CROSSTALK)

WILLIAMS:  Taxpayer dollars and the Senate's calendar should not be used to attack a political opponent. And that's what this comes down to. They look

-- I mean, if you want to look at someone whose children have ties, financial ties to foreign governments, Jared Kushner in Qatar. Oh, what about Eric and Don Jr. selling real estate all around the world?

(CROSSTALK)

WILLIAMS:  What about Ivanka and getting Chinese patents to sell shoes?

(CROSSTALK)

GUTFELD:  How sexist, Juan, because she's a woman selling shoes.

WILLIAMS:  I enjoy listening, because I just think, boy, if this was, like, a construction site, you could see right through the holes, the peepholes that they create.

(CROSSTALK)

GUTFELD:  -- if there were holes in this --

(CROSSTALK)

WILLIAMS:  -- if this was something that was real, you would've exploded.

You didn't have anything.

GUTFELD:  Oh, I just the facts.

(CROSSTALK)

WATTERS:  -- if this was a construction site, you wouldn't be working very hard.

(CROSSTALK)

WATTERS:  That was not good enough, Juan. And the difference between the Trump's on the Biden's is because the Trumps were working before their father took office, not right when their father became V.P.

WILLIAMS: Oh, no.

WATTERS: Here's the thing. I think the Democrats, most of them are Democrats because of the perks. Could you imagine being the son of a vice president and getting millions wired to you by Putin's billionaire friend, and then taking millions more from front companies or Chinese communist businesses, and then spending that money on prostitutes --

GUTFELD: And cocaine.

WATTERS: -- from an Eastern European sex trafficking ring. And the media makes that story about Republicans abusing power. So, Juan, if you don't think politicians should be involved in presidential politics, I guess Adam Schiff's House Intelligence Committee shouldn't have been involved, or John McCain passing the dossier to Jim Comey. I guess that's totally different.

And also, remember the meeting that Don Jr. had where no money or information exchanged hands. You guys wanted to send him to prison. But little Hunter takes millions for what? We still don't really know what the money was for, because he's not an expert in anything. But here is the actual thing that reflects on Joe. The fact that this was all going on --

GUTFELD: Right.

WATTERS: Joe didn't care. He didn't ask. He didn't want to know, or he asked and he didn't do anything about it.

GUTFELD: No.

WATTERS: -- shows you what the administration is going to be like.

WILLIAMS: Boy, you are desperate tonight. I'm telling you.

WATTERS: Do I look desperate?

GUTFELD: Dana, there's coke, there's prostitutes, I don't know whether I should be outraged or jealous.

PERINO: Did you read it like every word?

WATTERS: You want to hang out with Hunter?

GUTFELD: No. This guy -- this guy --

WATTERS: Gutfeld is like -- he's like, where his Hunter.

GUTFELD: This guy is so corrupt, it's almost -- you almost kind of admire him that he got away with all this stuff.

PERINO: Just in plain sight.

GUTFELD: Yes, in plain sight.

PERINO: Yes. Here's something I think that will be interesting. As imagine next week, Chris Wallace poses the first question to Donald Trump, and he asked about Coronavirus. And President Trump says, actually, I want to talk about Hunter. And it will make Joe Biden so mad. Because remember, when he has shown his real temper, it is -- he does have -- Joe Biden does have a temper especially when you talk about his children.

So -- but all of this, imagine if it were -- if this -- substitute -- if you replace Hunter and put Don Junior's name in there, and you can imagine what it would be like.

GUTFELD: Yes. So, last word to you, Kennedy. This seems -- it's amazing how this Russian story is not -- it has to be fake, but all the other Russian stories are real.

MONTGOMERY: No, if it's Russia, and it has anything to do 2016, it is bad, it is corrupt. I mean, that is the real, just vile swamp. And it's amazing to me that so many people went there for opposition research and free money. And I look at Joe Biden and I think he's no different than the parents who tried to get their kids into USC, even though they were dum- dums.

GUTFELD: Right.

MONTGOMERY: You know, Lori Loughlin is going to prison because she and her husband spent $500,000 trying to get their ordinary children into an even less ordinary school.

GUTFELD: Nice.

MONTGOMERY: And here, Joe Biden, I understand him wanting to look the other way because he wants his son who's you know, ultimate tip at a strip club is getting a dancer pregnant. He wants him to do something legitimate at aboveboard, but it does show bad judgment all the way around.

GUTFELD: He should have kept that tip. All right, next up, Democrats throw a temper tantrum while President Trump voters will love his pick for the Supreme Court.

(COMMERCIAL BREAK)

WILLIAMS: Welcome back. There's a major confirmation conflict brewing in Washington. Republicans moving ahead with their plans on the Supreme Court vacancy, meanwhile, Democrats vowing to resist it. Reports indicate the fight could begin soon with confirmation hearing starting in early October.

That means a final vote would be at the end of that month.

President Trump promising voters they'll be very happy with his eventual Supreme Court nominee.

(BEGIN VIDEO CLIP)

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: I will soon be announcing that nominee. You're going to love it. You're going to be so happy. If you don't love it, don't vote for me, OK. The appointment of a United States Supreme Court Justice was much more important to the voters than I thought.

And they're right, because they will set policy for 50 years.

(END VIDEO CLIP)

WILLIAMS: Kennedy, let me begin with you. Every poll I've seen indicates, and this is not just, you know, Reuters, Politico, but even Rasmussen, which often tends to lean Republican, every one of these polls show a strong majority of Americans say Trump and the Senate should wait until the election.

MONTGOMERY: I think a lot of Democrats feel that way. And if you look at this, Democrats would be doing the exact same thing.

PERINO: Yes.

MONTGOMERY: They would. If they -- if they had the presidency and a majority in the Senate, and this little time, they would do the exact same thing. And everyone has turned into a hypocrite. All you have to do is look at some of the tape from 2016 with every single prominent Democrat exhorting the president to make -- you are constitutionally bound to make this decision to nominate future justice for the Supreme Court so the Senate can advise and consent and eventually vote on it as a whole.

So, it sucks for Democrats. It puts you in a tough spot because I don't think packing the court A is what Joe Biden wants. And I also think ultimately, it politicizes something that should be outside of the traditional legislative and executive politics.

WILLIAMS: Yes, I think most Republicans in Reuters poll said they are opposed to it. But Dana, I think the Democrats' criticism is that there's just 42 days to go before the election and the Republicans in the Senate are rushing this through even though they don't know who the nominee is.

PERINO: But there's plenty of historical precedent where you can go back and say, well, she was confirmed in 19 days and he was confirmed in 32 days. And again, the Democrats continue to argue process over substance.

The Republicans message is we are going to change the court for the next 50 years, so that is a stronger argument. And if you're a Republican who votes mainly because of the courts, then you don't get -- like, just get it done whenever they get it done.

I will say that the Democrats also on process they again, just like biting off their nose to spite their face. Senator Chuck Schumer, the minority leader has put in place something today and he probably will threaten to do it again. It's called the two-hour rule, which means that the Senate cannot do any business after 2:00 p.m. The problem was, as Senator Marco Rubio pointed out today, at 2:00 p.m. today, they were supposed to have a briefing on election security and interference from the guy that's in charge over at the DNI's office or the Homeland Security Office. So, they couldn't have their briefing.

So, there wasn't a briefing on election security because they're throwing a tantrum about the Republicans being in power. Again, the Democrats, they're in -- they're in a bind, right. But if they would do probably do a better job spending their time talking about the consequences of a conservative court rather than just the process, because they will lose on the process.

WILLIAMS: All right, so Greg, would your hair be on fire, would you be off in the wild if this was Obama or this was Biden forcing this through?

GUTFELD: No, I totally understand it. And that is why there's absolutely no conflict here. We were pretending there's a conflict. There's just a tantrum. The fact is, we already know the outcome, OK. It's a two-step dance. One side, you know, asks nice questions, the other side grills, and then they vote straight down party lines. People start wondering what Rand Paul might do. Well, we know what he's going to do.

And what happens is, boom, they get in, and then we just realized we wasted five weeks, which is more than enough time. I mean, you could do this in two days. You could do this in one day, just have the --- have the straight up and down vote. And even better is that it's a woman so you can't portray her as a gang rapist, beer-guzzling heathen. I guess you could say that you want to have abortions in a back alley, I'm helping the Democrats there, or that she expired The Handmaid's Tale, which is false, but they keep saying that.

But the fact is, it's there's no conflict. This is over. She's in whoever it is, Judge Jeannine.

WILLIAMS: You don't know who it is, but she's in. OK, all right, we don't know who it is. But to pick up on Dana's point, Jesse, if you look at the consequences of a court that is a six to three court, the Democrats say, oh, Trump wants to use this to attack mail-in votes when he loses the election, or they're going to go after pre-existing conditions by doing away with Obamacare.

WATTERS: I'm not going to assume Trump's going to lose the election, so I'm not going to agree with the presumption that you're making, Juan. Also, I want to know which Republicans you're talking about that are telling the Reuters pollster that they don't want the Senate to confirm a new Justice.

WILLIAMS: 50 -- more than 50 percent.

WATTERS: Juan, if you believe that Republicans in America don't want a Supreme Court nominee approved before the election, look at --

WILLIAMS: I know you don't like polls.

WATTERS: Look at the way that question is asked. Also, you're using the word "force" wrong. "Force" is not when a Republican President nominates a justice ant the Republican Senate approves that just. That's not a force.

WILLIAMS: No.

WATTERS: That's called the constitution.

WILLIAMS: History, this has never been done in such a short time.

PERINO: Yes, it has

WATTERS: Yes, it has.

WILLIAMS: No.

WATTERS: Yes, it has. And it's been done in a faster time.

WILLIAMS: Yes, faster time but never in this short interim before an election.

WATTERS: Not true.

WILLIAMS: The "FASTEST SEVEN," that's up for you next right here on THE FIVE.

(COMMERCIAL BREAK)

MONTGOMERY: Welcome back. I will rock your (INAUDIBLE). It is a climate crackdown in California. Governor Gavin Newsom signing an executive order the band for the sale of new gasoline-powered cars starting in 2035.

So, Juan, you were alive when they invented cars. What does this mean for a giant state like California that is based on car culture? People love their cars in California like no other state.

WILLIAMS: The most valuable car company in the world, Tesla. Why? Electric cars. So, I think this is the future, and I think a big state like California is trying to in fact encourage car manufacturers to head in that direction. And I think many car manufacturers G.M., Ford, they're all heading that way anyway, so it's not a big deal.

MONTGOMERY: I think you're right. Jesse?

WATTERS: We used to argue with Juan about the Green New Deal. And Juan used to say, Democrats don't want to outlaw the internal combustion engine. That was a rough draft. Literally, a year later, California outlaws internal combustion engines in new cars. But you know what, Juan? Yes, the Tesla, it's only $100,000 a car. That's affordable for the middle class and the poor people.

This is a war on the middle class, on the poor. It's virtue signaling to borrow Greg's term without the virtue because Gavin Newsome, he's not even going to be around when they have to enforce this in 2035.

MONTGOMERY: Oh, do you know something we don't?

WATTERS: Like, he'll be alive, I don't think he'll be governor.

WILLIAMS: Maybe he'll be president.

MONTGOMERY: You never know.

WATTERS: He probably will.

MONTGOMERY: It is the People's Republic of California. If there's any state where they could amend the state constitution to make a member, it would be the Golden State.

PERINO: So, California cannot dictate interstate commerce just by the fact that they have a huge state and you leverage their size. And in fact, the courts have proven this over and over again. And so, they keep trying. And the automobile industry is like, look, we want to get to lower emissions too, but you can't push us as far because you have to also remember safety.

That is a big consideration.

And when it comes to like Tesla, I know that he's -- Musk is working on a battery so that the car would only cost $25,000. Here is my condition. No more federal taxpayer dollars going to these companies to make cars that cost $100,000. Enough.

MONTGOMERY: Well said. Taxation is theft. Dana, that was great. Thank you.

So, Greg, you will only drive gas-powered car.

GUTFELD: That is true.

MONTGOMERY: Especially in 2035.

GUTFELD: I love -- I can't tell you how much I love gas. But why do liberals always their first instinct is to ban something? It's like Republicans, conservatives, libertarians, free market minds, they want to solve the problem, hence Musk. I give credit to Musk. He wants to make an economical battery, you know.

But no, Gavin, just -- let's just ban the car. And it's such a hypocrite -- he's such a hypocrite because he has more petroleum in his hair than what you can fill an -- Cadillac Eldorado tank with. So, he's -- of course, nobody's going to take away his fuel, his hair fuel.

MONTGOMERY: Yes. Talk about someone who's full of hot gas, Gavin.

GUTFELD: Tell me about it.

MONTGOMERY: "ONE MORE THING" is up next. Stay with us.

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PERINO: It's time for "ONE MORE THING." Jesse?

WATTERS: I have something on my throat. What was that?

PERINO: Are you OK, Jesse?

WATTERS: I think I just choked on my pen.

PERINO: I gave you -- and I borrowed the pen. I gave him my pen, I gave him my time.

WATTERS: What else do you want?

PERINO: All right, I want you to do "ONE MORE THING" not right now. I want to do it first. So, I want to talk about a project called New York in Bloom. This is a project that is put together by an amazing photographer named Melanie Dunea. Look her up, Melanie Dunea. So, it highlights the beauty and color that still exists in New York City. Like here we are.

These are silk beautiful, limited-edition scarves. They are based on photographs she took the city over the last few months. It's like wearable art. They look amazing. You could do them as face coverings or framed on a wall, but I am going to wear mine or I'm going to have Jasper wear mine.

A portion of the proceeds go to NYC COVID-19 Response and Impact Fund. She's an amazing woman. They're beautiful and creative. I mean, look at that, everybody.

GUTFELD: Cool.

PERINO: It's amazing. So, now, Greg, it's your turn.

GUTFELD: Try blowing your nose in that thing.

PERINO: Don't ever blow your nose in this thing.

GUTFELD: Then, what do you blow your nose then? Anyway, one announcement. I started a new Web site in which I've moved all my stuff into that Web site.

The reason being, I got tired of trolls. So, I decided I needed a website that filters them out. You won't see me on Twitter responding to people anymore, because that's unhealthy.

PERINO: I agree.

GUTFELD: Yes. So, this is -- now, the people that go there will be only fans, which will be great. And I'm doing a live signing with Lou Dobbs for his book right after THE FIVE.  We're like Batman and Robin on Fox really.

WATTERS: Will you wear the tights?

GUTFELD: Yes, of course. All right. Let's do this. I got a third thing.

(BEGIN VIDEO CLIP)

GUTFELD: Animals are great. Animals are great. Animals are great.

(END VIDEO CLIP)

WATTERS: You know what, I'll pull the plug on it.

GUTFELD: Sometimes -- do you want to do this? It's a tortoise and the dog.

Go ahead.

WATTERS: Oh, we have a tortoise and the dog, everybody. Take a look.

GUTFELD: Yes. Look at this -- Jesse, look. The tortoise is pretty fast.

WATTERS: Is it?

GUTFELD: Yes.

WATTERS: How fast?

GUTFELD: Well, it's fast enough to scare that dog. Look at that. I've never seen a tortoise move that fast.

WATTERS: You should have saved this one for another time.

MONTGOMERY: It's a little slow.

PERINO: Juan, you're next.

WILLIAMS: All right. So, my favorite baseball team, the Washington Nationals, have gone from World Champs to chumps. They've gone from first place to last place. Oh, my God. Anyway, last night, it was so different because I got to see the Nationals play the Phillies, Jesse's Phillies, and there was a magic moment.

Take a look at a game-winning extra-inning home run by a rookie. That was Yadiel Hernandez's first home run in the big leagues. At age 32, Hernandez is the oldest player in Major League history to hit a game-winning home run. It's the first home run of his career.

The reason Hernandez is just getting to the majors at 32 is a wonderful backstory. He defected from Cuba in 2015, put himself at risk to get here.

He's been in the Nationals Minor League system since then. And as you can see, his teammates were excited to win a game, but even more excited to see a dream come true for that young man.

MONTGOMERY: I bet he's going to vote for Trump.

PERINO: That is great -- that is a great "ONE MORE THING." All right, Jesse, now it's your turn Redskins and now the Nationals --

WILLIAMS: Washington's football team.

PERINO: I'm sorry, Juan. I'm not good for the Philly team. Our friend and music star Jillian Cardarelli has a new song coming out. It's coming out Friday, but here is a sneak peek.

I actually taught her how to sing like that. And she's doing pretty well with all of my musical instruction. So, the song is available. It's called Strong. It features Charles Esten. And it's about Julian's mom's journey fighting cancer for the past four years. And you know, you can get it anywhere you get music. Where do you get music now?

GUTFELD: In the trunk of my car.

WATTERS: Get that and a few others.

MONTGOMERY: That's the Halloween candy.

PERINO: You can get it on Spotify or Pandora, or whatever.

GUTFELD: How dare you?

PERINO: Apple music, things like that. Kennedy?

MONTGOMERY: And you need to combine Harper Watters and Jillian's talents because that would be the ultimate show. Well, look at this video. It's an incredible rescue of a horse named Lola. She was not a showgirl. Nope. She bucked her rider and then fell 60 feet down ravine in Orange County.

Her owner was absolutely terrified. But some of these first responders sprang into action and airlifted this -- I guess she got a mare lift.

GUTFELD: Get off your high horse.

MONTGOMERY: I don't want to be a dead horse and go on with this too long.

But she was reunited with her happy, happy owner and she's in good health and good spirits. Way to go, Lola.

WILLIAMS: He was a happy owner even though she bucked and threw him off?

MONTGOMERY: Well, you know, sometimes you got -- you don't know what happened. It's usually not the horse's fault. You bucked and throw us off -

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PERINO: That's it for us --

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