White House stands by President Trump's wiretapping claims

This is a rush transcript from "The Five," March 6, 2017. This copy may not be in its final form and may be updated.

DANA PERINO, CO-HOST: Hello everyone, I'm Dana Perino along with Kimberly Guilfoyle, Bob Beckel, Eric Bolling, and Greg Gutfeld. It's 5 o'clock in New York City and this is "The Five."

Just a wee bit of news to cover today after a whirlwind weekend of explosive allegations from the president about his predecessor. In a series of tweets Mr. Trump accused former president Obama of having tapped his phone at Trump Tower during the election -- a charge Mr. Obama's team immediately denied.

The FBI also denies it and ask the Justice Department on Saturday to refute Mr. Trump's claim. The White House is calling for an investigation to all of this and chief intelligence correspondent Catherine Herridge is following all the developments and joins us now. Catherine, where are we at 5:00.

CATHERINE HERRIDGE, FOX NEWS: Thank you Dana. Well, thank you. Law enforcement sources have confirmed to Fox News that President Trump's tweets caught the FBI and Justice Department off guard and there was no prior consultation. Meantime, the Republican- controlled House and Senate intelligence committees are investigating Russia's election meddling and will cover whether the Obama administration abused its surveillance powers.

We know there was at least one surveillance order from the secret court o the phone calls and text messages of the Russian ambassador Sergey Kislyak.
The former National Security advisor Mike Flynn's phone calls and text messages were captured under that order. One contact believes that there was at least one other additional surveillance order that was not specific to Trump Tower or the Trump team but it intersected with their activities and their operations.

Meantime, a spokesman for President Obama said his administration has never ordered wiretapping, never interfered with the federal investigation. But Mr. Obama's repeated public statements about Hillary Clinton's mishandling of classified information last fall during the FBI investigation undercut that statement.

And on Sunday, Mr. Obama's spy chief, the former director of National Intelligence, James Clapper, denied there was a wire trap on Trump Tower and also confirmed that his investigation led by the U.S. Intelligence community did not find evidence of collusion between Trump campaign associates and Russian intelligence. FBI director James Comey is so frustrated about the leaks that a source tells Fox News that he's issued what's called a tasking order that asks his subordinates to identify who had access to surveillance warrants from the secret FISA Court because it's a very small universe of individuals, Dana.

PERINO: All right. Thank you so much Catherine. We appreciate it and we'll be keeping in touch with her. But let's also listen to Sean Spicer, the White House Press Secretary when he was asked followups about this issue.


SEAN SPICER, WHITE HOUSE PRESS SECRETARY: The president has been very clear, as we stated, that I think there's enough there that we want the House and Senate intelligence to use the resources they do to make sure that they look into this matter. I mean that's -- anyway, I do not want to get ahead of where they may go with this or what they may look at, but I'm going to leave it to them. If we start down the rabbit hole of discussing some of the stuff, I think that we end up in a very difficult place.

PERINO: Well, starting down the rabbit hole with Saturday morning, and Kimberly, now we just found out the House Intelligence Committee has asked the intelligence community to report to them by March 17th, which would be this Friday.

BOB BECKELY, CO-HOST: St. Patrick's Day.

PERINO: Well, yes, St. Patrick's Day. I'm sure, Bob, everybody was thinking of that. But that will help, hopefully, Kimberly get some clarity on this because sunshine might be the only way to get some answers.

KIMBERLY GUILFOYLE, CO-HOST: Well, I think it's imperative at this point, right, that they're going to need to get some transparency, some clarity on these. These are very serious allegations and if true, we need to find out exactly who was behind it, what was the genesis of it, what kind of probable cause or information did they have two warrant this type of request. So there's a lot of complex issues involved and you saw the various --

PERINO: Are you talking about a possible wiretap?

GUILFOYLE: I'm talking about that as well and I'm saying that there's so many different elements and aspects of what's going on right now that they're going to have to really narrow down and focus, because at this point, it looks like there's a lot of things that are afoot (ph) here that are in terms of like foul play, improper -- some impropriety going forward.

PERINO: But what about Eric that the FBI director yesterday or on Saturday asked the Justice Department to refute what the president had said in the morning and then the Justice Department refuses to do it.

ERIC BOLLING, CO-HOST: So, I'm watching all of this unfold over the weekend. I listened to President Obama's response from his spokesperson. It was very, very carefully worded, left the door open that something could've been going on and clearly could`ve -- well we know there was a FISA Court request in I believe June or July over the summer.

It was turned down which is highly unusual. Literally thousands upon thousands of FISA Court request warrants for wiretapping and surveillance go unchecked. They say yes, it's almost a rubber stamp. For many, many years, it would go like that.

So in June or July, it was turned down because there was insufficient evidence and then the second one was apparently accepted. Now, President Obama said that he didn't order it. I went back and there's an article in the "New York Times" and it happened to be published on January 20. That was Inauguration Day. It was by Michael Schmidt. Michael Schmidt is the same reporter who exposed the Hillary Clinton e-mail server.

Remember, she had her own e-mail server? It was an expose in "The New York Times" and it was explosive. He wrote an article like on January 20th that talked about an actual wiretap to the Trump Towers. Now, he didn't say to exactly Donald Trump but there -- if it's in "The New York Times," I would think it would be sourced and second sourced so clearly at least Michael Schmidt thinks that there was a wiretap to the Trump Tower in October, which is exactly what Donald Trump is accusing them of.

PERINO: Greg, do you want to give your take before Bob explodes or do you want to let Bob explode?

GREG GUTFELD, CO-HOST: Well, I know if Bob explodes then it will be quite messy and I will never talk for the rest of the hour. OK, number one, this story has been retold so many times with so little information. It's like peas being strained eight different ways. You could take it through a straw. I've heard the same angle retold a 100 times. It's driving me crazy.

The thing is, let's face it, Eric's right. President Obama, his administration are playing games with language. Sure, they didn't order it but did they seek it? For example, I've bought a medical herbal supplement today. Actually, I didn't. I sent my assistant out to get it. The only difference is I didn't go out. I didn't get out of the office and go and get it, but I still asked for it. If they saw to it, it's no different really than ordering it.

GUILFOYLE: I hope that fixes things.

GUTFELD: No, it won't. But the other thing too is -- you know, if you've ever owned a used, old sports car, they're fun to drive. They're great to watch but they're a pain in the butt to maintain. They run hot. That's Trump. He's the exotic sports car of politicians. You like it, you love what you see but you have to maintain them every single day.

And that gets to my point of why this happens. So why did he tweet? What was the reason for the tweet? He was ticked off that he felt that his staff gave into the Sessions thing too soon, that it was a sign of weakness. And so his anger manifested itself in a tweet. This is human. I've done this four times at Fox.

When something at work bugs me, what do I do? I go on twitter and I vent and then I have twitter (pg) regrets. I wish I never did it, and I think that's what -- his Saturday tweet was a manifestation of anger over what happened on Friday because he had a great week with his speech. He felt the Sessions recusal ruined that moment. He was mad at his staff so he did this tweet and I don't think he recognized how big the tweet was going to land.
I hand it over now to you, Bob, who are is ready to bite my head off.

BOB BECKEL, CO-HOST: First of all, I want to apologize my shirt doesn't fit.


GUILFOYLE: For good luck.

BECKEL: It doesn't matter --

PERINO: -- Prince Albert.

BECKEL: The chances of the clarity on this are about the chances of me running the Boston Marathon. I was in the third FISA Court in 1978. It was formed after the takeover of -- the Iranians were moving to take over our embassy. And the idea that you can get thousands of these things done is just total and complete bull.


BOLLING: Bob, last year, there were 1,589 requests.

BECKEL: Don't do it to yourself.

BOLLING: -- 1,588 were accepted.

BECKEL: Don't do it to yourself.

BOLLING: One was turned down Bob.

BECKEL: Listen Eric. Let me explain something to you. In order to get FISA judge to agree to a wiretap of a U.S. citizen requires proof, very strong proof of a felony or treason. Now that means if Trump wants to --

BOLLING: Bob, Bob.

BECKEL: No, wait a second. Let me finish.

BOLLING: The numbers don't fair that out.


BECKEL: Then why don't you get to compounds and --


BOLLING: -- the FISA Court accepted -- they give them out like -- if the NSA or the FBI or both come and say we have probable cause --

BECKEL: This is not for the (INAUDIBLE) but in a FISA Court. I know what goes on and you don't and that's wrong.

BOLLING: So, are you questioning the numbers?

BECKEL: Yes. And you know what, you're (INAUDIBLE). Very simple. There's a list of who got a FISA charge and who didn't. And a FISA judge can look into it and be asked to look into it and they'll probably find out and there will be no Trump name on it. This guys is now almost to the point, and I have a strong suggestion as an American, I think that he ought not to have control over the nuclear codes. They ought to have Pence and the secretary of defense because this guy is starting to lose it.

PERINO: Well, let me ask you this though Kimberly, why not -- I understand a human moment and tweet but now that you're the president of the United States and you're accusing your predecessor of a very serious allegation of which then he denies, but if you're the president of the United States, you can call anybody at anytime, call the Justice Department and say I'd like you to come over here with those warrants. I want to see --

BECKEL: Exactly.

PERINO: -- if the president asked for a warrant on me. Why not do that instead of causing this huge problem?

GUILFOYLE: But by the way, and you're 100 percent right because he is now president of the United States and he has the ability and the right and the authority to be able to be able to investigate, to get a copy --

BECKEL: But why didn't he do it?

GUILFOYLE: Well listen, I think that he should.


GUILFOYLE: What I'm saying is I just don't think -- yeah, I think he was upset about what happened last week. That would be a normal reaction for someone to have. However, I am not going to say that there is no basis whatsoever for the information that he was tweeting out. I don't know because I haven't seen it. I want to know if it exists.

BECKEL: Kimberly, you are far too smart for that.

GUILFOYLE: Yes, you're right. And the point is, that information, those applications, those motions are filed. There is a record of it --

BECKEL: Yes, correct.

GUILFOYLE: -- and it will say who requested it. It will say what is the basis of it, what was any kind of probable cause for these allegations. Why was one done before and then supposedly one rancid (ph) then. What was the change of the information?

BECKEL: Right. First of all, there was one done about economic issues of this Trump corporation.


BECKEL: But all Trump has got to do is pick up the phone and say this is the president of the United States, please send me over the FISA list. He will find out there was no wiretapping. The guy got mad. He got mad --

GUILFOYLE: Do you think the DOJ didn't want the facts.

BECKEL: Those two things that (INAUDIBLE) going on.



BOLLING: This "New York Times" piece in January 20 is titled, "Wiretapped Data Used Inquiry of Trump Aides," OK. So here's --


BOLLING: OK, fine. But then it talks about the actual wiretapping and says the FBI is leading the investigation aided by the NSA -- I got it -- and the CIA. But here's the line that --

BECKEL: It's about the Russians.

BOLLING: Allow me. Here's the line that implicates the White House. One official said the intelligence reports based on some of the wiretapped communications had been provided to the White House.

BECKEL: Of course.

BOLLING: So for President Obama to say that he has nothing to do with any wiretapping or information gathered going on at the Trump Tower --

BECKEL: That's the Russian investigation.

BOLLING: That's a very rich argument to be made.

BECKEL: That's the Russian investigation.

BOLLING: But Bob, it was done at the Trump Tower.

BECKEL: That's not the point! What Trump is accusing the --

BOLLING: Hold on, hold on, hold, where the next president had his war room, had his communication staff, had his -- his whole life is tied up in Trump Tower. Are you kidding me?

BECKEL: Obama --

BOLLING: It's like saying, you know, we're not tapping Greg Gutfeld even though we're tapping the Fox News headquarters.

BECKEL: Obama and Trump exchanged information and information that was coming in and I will guarantee -- if Barack Obama did that, he'll have to go away for jail for the rest of his life and I'll tell you one thing, Trump, if you guys continue to defend this guy on things like this, let's say he had a bad day. Fine. Take your football go home. But don't accuse the president of the United States --

BOLLING: So you're saying it's OK to tap --

BECKEL: I'm saying he's lying to his teeth.

BOLLING: -- wiretap the entirety of Trump Tower.

GUILFOYLE: He's saying it didn't happen.

BOLLING: You're saying it's OK to wiretap.

GUILFOYLE: He's saying it didn't happen.

BOLLING: And the president knows about it and now that Trump says, hey, you tapped (INAUDIBLE) don't know?

BECKEL: Eric, come on. He said the president of the United States wiretapped him. The wiretap that was in there about economic issues between the Trump organization and Russia.

GUILFOYLE: What is the result of those investigations?

BECKEL: They're still investigating it.

PERINO: So that is why more sunshine is better. Kimberly, when you said -- to say she doesn't know.

BECKEL: He can't get enough sunshine to us.

PERINO: She doesn't know which is a lot smarter than most people did in the last 48 hours

GUILFOYLE: The ability to find out exactly what happened exists. It exists.

BECKEL: Where's the call (ph)?

GUILFOYLE: You're not calling --

BECKEL: Eric could call (INAUDIBLE). He'd get you on the phone.


PERINO: Last word to Greg.

GUTFELD: Yes, I can hear the laughter of Putin who is winning right now.
He's leveraging the fact that the Dems and media can't get over losing and it's all about proving to his failing state that we are a failing state.
It's about creating chaos. That's all it's about. And he -- they're like -- Russia is like the global skunk at the garden party. They didn't just spray Hillary. They wanted to spray everybody. They started with Hillary and Podesta but they're getting everybody. And America that doesn't pay attention to North Korea or Iran is the America that Putin loves.

BECKEL: Are you telling me -- are you really seriously telling me what you just said?

GUTFELD: What did I just say?

BECKEL: You said that Putin is loving this because if it happen --

GUTFELD: Yes, of course.

BECKEL: As if it happened?

GUTFELD: They are loving every minute of it. It's all about undermining our -- the very nature of this government.

GUILFOYLE: I know that Bob --

BOLLING: -- tapping the tower.

BECKEL: No we do not know they were tapping --

BOLLING: -- at least -- I'll give you that may be President Obama, if he can have some sort of plausible deniability around it, but we know the activity --

BECKEL: Plausible deniability.

GUILFOYLE: I will say this, the administration before had subpoenaed public records of Associated Press reporters and including James Roesenthal.

BECKEL: That's exactly right. He was mad at public records too, wasn't he?

GUILFOYLE: Bob, that doesn't mean --

BECKEL: Trump's record is between his head (ph).

PERINO: OK, you guys, guess what, the great news is we get to talk about this again in the next block because you're all (INAUDIBLE). More reaction to the president's wiretapping allegations ahead plus, he signed the new revised travel ban today. Will this one hold up in the court? Coming up.


BOLLING: OK, back now to the allegations about the president that he was wiretapped before the election under the order of President Obama, a claim the FBI and Obama team denies. Here's President Obama's former press secretary, Josh Earnest.


JOSH EARNEST, FORMER WHITE HOUSE PRESS SECRETARY: The simple answer to that question is Martha I don't know. I was not in the position of being regularly briefed on an FBI criminal or counterintelligence investigation.
No one at the White House, including the president of the United States should be in a position in which they are trying to influence or dictate how that investigation is being conducted.

It is clear that President Trump is working very hard to try to distract the American public and the news media from the growing scandal about why his administration and why he himself has, at best, not been forthcoming about their talks and their ties with Russia.


BOLLING: You know that was 33 seconds and I frankly didn't hear an admission or denial either way.

BECKEL: It's a deputy press secretary for god's sake.

PERINO: I don't understand how the burden of proof of an accusation like this ends up being on somebody who's not even in office anymore. I don't understand that. And then the White House says the next morning, well, OK, were not going to talk about this anymore until there's an investigation.

I'm for the investigation and the House Intel Committee now says they want everything by March 17. Good. Let's get it to that place because the burden of proof should actually be on the person who is doing the accusing and he alone has the ability to get that information right now.

BECKEL: If President Obama did that, President Obama broke the law. The law is very clear. A president cannot order a tap by himself on a domestic
-- on a U.S. citizen, one. Two, anybody who makes that allegations better damn sure would know that he's got the information which Trump does not except some place in his gut (ph) bag. This guy is a danger, of clear and present danger and you better pay attention to it.

BOLLING: OK Bob, but the exchange (ph) of the story side here, who is the NSA director? What's his name?

BECKEL: Bob Clapper.

BOLLING: James Clapper. Wasn't that the same James Clapper who denied -- the DNI who denied that there was data mining of American citizens?
American citizens to deny it on Capitol Hill with his hand up under oath and then he came back and then said well, I kind of lied.

BECKEL: Yes, you right.

GUILFOYLE: Oh my god.

BOLLING: So this could never happen, right.


BOLLING: The same guy who just said it didn't happen.

BECKEL: Unless you've got a big enough crane to put Michelle Obama on top of Trump Tower. Do you know what it's like to wire something like that?

GUILFOYLE: OK, nobody -- now we're getting crazy. I mean not that you were before.

BECKEL: What's crazy is the president of the United States, is what's crazy.

GUILFOYLE: OK. All right, Bob. I know you're super worked up because we saw the progression of this over the weekend with the tweets.

BECKEL: To slander someone like Barack Obama on something like this because this guy got a hissy fit because his feet just got stepped on is just disgraceful. You don't do that as a county sheriff in Louisiana.

GUILFOYLE: All right, anyway. The point is, Bob, there should be no problem and you should agree with getting to the bottom of this --

BECKEL: Right.

GUILFOYLE: -- and finding out what was the exact nature of the request, how wide the net was cast because they certainly, they can do this data mining and get the information and widen capabilities --

BECKEL: You're right. In half an hour, it could be done.

GUILFOYLE: -- of the NSA that it did happen before President Barack Obama left office. I think it's important, interesting enough and there are certain data points that are compelling enough that it warrants a full investigation. That's what I'm saying.

BECKEL: OK, but let me just ask you this. If the president of the United States can bay law pick up the phone and call FISA and say can you please give me the list.

GUILFOYLE: He can have it brought to him.


GUILFOYLE: He can have it brought to him.

BECKEL: Yes he can. Now, instead he says let's go to the intelligence committees and have (INAUDIBLE), which is in and of itself is a scam. But all he's got to do to -- if could we settle this thing right now, pick up the phone, you're president of the United States, give me the list of people and Barack Obama's names not on that, Trump ought to be seriously --

BOLLING: -- going to be the one who puts his name on it.

BECKEL: That's what matters, Trump would be on it.

BOLLING: President Obama does not bring it to the FISA Court. It's not done that way. It's done by the attorneys for the FBI or the NSA. Those are the people who presents to the court.

BECKEL: The FBI does not do it to the FISA court.

BOLLING: Of course they do. Greg, please.

GUTFELD: OK, the bummer about these tweets I go back is --


GUTFELD: About Trump's tweets is he had a really good week going, I mean even with the Sessions problem. He's like a pitcher who pitched a no-hitter in the World Series and then gets arrested with a stripper and an eight ball. You know, it's like he could've just let the week go. There's a great piece by -- I'm going to pretend I'm Dana -- there's a great piece by CARL CANNON and he has a great suggestion.

If the goal is to find it -- what's the goal here? It's to find out if our elections are -- is there a threat to tamper the elections? Is there a wider threat against future elections? So, if that's the question, give everyone immunity and you only get busted for perjury and look at everything. Look at the hacking, look at the fake sites.

But also look at the Obama administration leaving stink bombs behind and the leaks that maybe from old Obama operatives. Look at everything --

GUILFOYLE: And the Trump dossier.

GUTFELD: -- if that's how you really feel, if you want to be self- righteous, read the Carl Cannon piece. I think it's on the Orange County register. It's fantastic or just Google his name.

BOLLING: So KG, can I ask you or Dana, maybe you guys know this. So, if Clapper has said no, in fact, they did not bring this to the FISA Court.
James Comey pushed back and said no. The FBI didn't throw (ph) it as well, and there is a wiretap, who did it?

PERINO: I think that the accusation from President Trump was that Barack Obama himself ordered the wiretap against Donald Trump as a person. If that turns out be true like (INAUDIBLE) by the door then republic is over. But the other thing is that the White House had a senior administration official on background say even if this turns out not to be true, it's actually been beneficial to us because we've muddied the waters enough because now this is what everybody is talking about and 50 percent of the people will believe that Barack Obama, as president, ordered a wiretap.


BOLLING: Kimberly. KG, if the FBI didn't -- according to Comey, the FBI, it wasn't them and according to Clapper it wasn't the NSA, who --


BOLLING: -- missing it.

PERINO: Because you're saying if the FBI did it. Maybe the FBI did have investigated -- we don't know any of those things.

BOLLING: But we know there's a wiretap.

PERINO: The precise allegation is that President Obama ordered a wiretap against President Trump himself, person-to-person. If that happened -- that's what I'm saying -- that is a precise allegation.

GUILFOYLE: -- was against President Obama, however, I think the --

BECKEL: Wait a minute.

GUILFOYLE: -- common sense application of that would be that during the Obama administration, specifically who requested it and it is not that difficult to get a FISA granted that would encompass the area within where Trump Tower was and it's going to pick up those intercepts. And yes you're right, Bolling, that Clapper before went for and lied saying no, we're not doing both domestic data gathering of that and in fact they were. We found out from Snowden and everything when it was released, that they had lied about it that.

Eric Holder from Obama's administration, has the unique distinction of being the only attorney general to ever be held in criminal contempt for refusing to answer questions about fast and furious. Louise Lerner, another liar about the IRS. Benghazi, more lies. So just so you know, Bob, these folks weren't exactly hanging out at Disneyland, here is Snow White.

GUTFELD: But by the way, expecting precise language from Donald Trump on a tweet is like expecting, you know, frosty cones on Mars. Please, I mean like, let's be honest --

PERINO: That's what the allegations -- what is President Obama's team supposed to say?

GUTFELD: We've had four days over a tweet. The guy was pissed off and he made a tweet. Everybody's got to lighten up.


PERINO: But he could fix this by saying OK, but I didn't mean it. Why didn't he did that?


GUTFELD: I didn't say it was right. I actually started off saying it was a mistake but what I'm saying is you guys are arguing over the precise nature of a tweet that he did at 5:00 a.m. We're the joke.

GUILFOYLE: Please, help me out of that.

BECKEL: OK, listen, can I say one thing? Please. I would give you -- the producers are yelling and saying we've got to get out. You could take it out of my time. Eric gave me this tie. It's over $100 tie. Anyone who are out there, any one of you who could give me any evidence that Barack Obama tapped Donald Trump, this tie is yours and $100.

GUTFELD: It would need to be fumigated.

GUILFOYLE: But guess what, just so you know, it has all of these stains on it already. There's like pie. It's ripped.

BECKEL: (Inaudible) worth anything without a stain in it.

GUILFOYLE: Oh, wait, this has Trump.


GUTFELD: What just happened?

BECKEL: No, it says made in China.

BOLLING: President Trump signed a new revised travel ban today. We're going to tell you how it differs from the first one when the "The Five"


GUILFOYLE: President Trump signed a new amended travel ban, hoping this one will withstand any legal challenges in the courts. The revised executive order temporarily halts entry from six predominantly Muslim countries. Iraq was removed from the list.

The ban doesn't apply to those who already have valid visas or green cards.
The U.S. refugee program was also suspended for all countries for 120 days.

Earlier, Mr. Trump's secretary of state, attorney general, and homeland security secretary defended the order.


REX TILLERSON, U.S. SECRETARY OF STATE: The executive order signed by the president earlier today protecting the nation from foreign terrorist entry into the United States is a vital measure for strengthening our national security.

President Trump is exercising his rightful authority to keep our people safe.

JEFF SESSIONS, U.S. ATTORNEY GENERAL: The United States has a right to control who enters our country and to keep out those who would do us harm.

JOHN KELLY, U.S. SECRETARY OF HOMELAND SECURITY: We cannot risk the prospect of malevolent actors using our immigration system to take American lives. Unvetted travel is not a universal privilege, especially when national security is at stake.


GUILFOYLE: All right. So big news today regarding what's going on here with the executive order. We'll see, because there's been some criticism already. But nevertheless, it has been more specifically tailored to avoid some of the pitfalls that people were critical of on the prior one, Dana.
So take us through it.

PERINO: Yes, and so they've rescinded -- they withdrew the previous order.
So they are not going to fight that one in court. And I do think that this one was obviously much more carefully done.

It also doesn't -- it allows people who were on, already had travel plans to come to the United States as part of a refugee program. They can continue to do that. Plus, there's a ten-day delay. So ten days from today, meaning that instead of, like, the one on January 27 that went into effect that weekend that caused a lot of the chaos. This gives people time to adjust their plans if they have to. So I think all of that is a lot better.

I do think it's interesting. From a communications standpoint, it's very unusual for three cabinet secretaries to have an event where they just tell
-- read their statements and don't take any questions. Because later on, and we'll probably maybe have this may be later, press secretary Sean Spicer comes out of the White House and he answers some questions about it.
Why wouldn't they want these three to take questions today?

And I understand why, because it wouldn't have been about this ban. It would have been about the president's tweets from Saturday and these allegations about Russia. So these three have worked really hard. There's probably going to be some more questions going forward, but it probably holds up in court.

GUILFOYLE: But yes, and from a communications perspective, Eric, this came across, I think, what they want right now, given kind of the tumultuous news cycle, is this is a little bit -- it's clean. So there isn't a lot of room for anybody else to get any questions, besides the gaggle with Spicer earlier.

BOLLING: I'm the one who thought the first one was clean, as well. But they did have the one pitfall and I think the 9th Circuit, the one part that the 9th Circuit picked out. They said that people or -- companies and people in their district, in their jurisdiction, were being hurt, because the people with valid visas were being held back, and it created economic hardship to the people in the 9th Circuit's district.

So once they cleared that up, they tried to fix that afterwards, and it didn't work out, because the 9th Circuit had already applied for and gotten a stay. And so now they fix it through a new -- a completely new executive order. It looks very much the same. They removed Iraq, and they also allowed Syrian refugees to participate 120 days out, rather than an indefinite ban. Listen, I think it's almost exactly the same thing that they were trying to get, with a little better message.

GUILFOYLE: OK. Quick follow-up with you. With respect to Iraq, they were no longer on the list. They've been removed. And the hope, and the messaging from the president is that Iraq will help to more carefully vet people leaving from that place of origin, coming into the United States, versus the problems before. The whole point of it, Bob, was that people were saying, "OK, these are countries that are not able to properly and adequately vet to ensure that at that country of origin, they're being checked sufficiently to determine their identities, their past history to be able to prevent people who want to do us harm from coming here."

BECKEL: OK, can I just point out that Barack Obama went in the tank for the Iraqis and did away with the nuclear thing? Greg just jumped on him about the Iraqis. The Iraqis are the biggest exporters of terrorism in the world. And what happens? Trump drops them. That's all you've got to know know.

GUILFOYLE: The Iraqis? What?

BECKEL: The Iraqis -- excuse me. The Iranians. The Iranians are the biggest -- they train and they fund more terrorists.

PERINO: I know, I know, but just when you said Iraqis...

BECKEL: I'm sorry. I misspoke, which happens.

GUILFOYLE: Yes, Greg didn't say that.

I think it's this. This bizarre...

BECKEL: It's not that. It is just that of all those countries, the one that should not be dropped off the list is the most dangerous one and the one that Republicans have jumped over Barack Obama about. And now Donald Trump...

BOLLING: No, no, no. They're still on the list. They're still on the list. The Iraqis were taken off. Because, as Dana had pointed out, it was
-- it was perceived failed governments that were on the list, and the theory being that the Iraqi government...

PERINO: Iraq is a little better.

BOLLING: ... has gotten their act together.

GUILFOYLE: I think I just, like, laid out very clearly.

BOLLING: Iraq is off the list.

BECKEL: Iraq is the one dropped off the list, because they're our allies, right?


BECKEL: Iran is the one who has taken over Iraq.


GUILFOYLE: Wait. Gutfeld.

PERINO: The Iraqis would dispute.

GUTFELD: Can I add my two cents before we go to break?

GUILFOYLE: Please, sprinkle some sense on it.

GUTFELD: It's good to place this rollout in the context of other rollouts.
If you remember, the Obamacare website rollout, that makes the travel ban look like the freaking moon landing.

And by the way, what do you do when people actually listen to your criticism and then improve on their behavior? You generally -- you complement them. So if you still mock President Trump over a change and an improvement in something after he listened to you, what does it say about you? He had two choices -- three choices. He could have made it tougher.
He could have kept it. Or he could have improved upon it by making it perhaps a little more lenient, which is what the media wanted.

So now that he did this, if you do not applaud him for listening and for improving the executive order, then you are a stupid jerk.

BECKEL: Now if you're directing that at me, my friend...


BOLLING: The media.

GUTFELD: The media in general.

BECKEL: I think that's...

GUILFOYLE: This is going to...

GUTFELD: Am I not getting the tie?

BECKEL: No, you don't get the tie.

GUILFOYLE: You don't want it. Diseased.

All right. Ahead, a new violent attack on free speech on another liberal college campus. This time, an angry mob of students physically harmed a professor while trying to shut down a conservative scholar they didn't agree with. Greg has it all next.


GUTFELD: Last Thursday at Middlebury College in Vermont, writer Charles Murray and Professor Allison Stanger were attacked by a violent mob of left-wing creeps out to stop Murray from a planned lecture.


CROWD: Shut it down. Shut it down.


GUTFELD: Stanger was hospitalized with injuries. We contact the college over their disciplinary response. They just got back to us: two pages of nothing.

But without real action against those who use violence to silence speech, the next step has to be anarchy. And you think I'm kidding? Consider this one question: What is the intervening step between silence and violence? It's words. Without words, it's a simple leap from calm to calamity. Before language, cavemen simply grunted and then they used the club. Communication changed that. It's the mechanism that created civilization and prevents its own destruction.

But now it's the left who wish to go back. Do you ever see a right-wing kid violently jumping lefty speakers? On campus, you either have silent appeasement or a bruise.

It used to be that discourse was a college staple. You could hold a lively debate and even when it got hot, it was respectful. But now how many speakers have been forced to cancel? Did you lose count? Was it due to bad weather? No, it was the threat of harm. It's either silence or it's violence. This has to be stopped before it becomes the norm.

Imposing a cost like expulsion on violence isn't suppressing speech. It's the very opposite. Someone higher up better find their spine soon or they will be next and suddenly their allies will be the very people that they mocked for years.

Yes, they sent -- they sent a response. It's two pages. They sent it at 5:14. It's one of those things where they flood you with words about community, diversity, but they don't say "expulsion."

PERINO: Shared values. Shared values and goals and holding each other to them. We must listen differently, helping others to be fully heard.


PERINO: ... and seen. And heard and seen and heard and seen.

GUTFELD: Yes, no mention of the -- I'm sure they said the violence was wrong, but OK, this is what the college president said, Bob. "Today our community begins the process of addressing the deep and troubling divisions. We must find a path to establishing a climate of open discourse while also recognizing critical matters of race, inclusion, class, sexual and gender identity."

Garbage. Total garbage.

BECKEL: Inclusion this. Listen, I know Middlebury College, most liberal school in America and nobody is going to out-liberal me. You guys are just giving us a bad name. You all ought to be suspended. You ought to have your butts kicked in by your parents, if they're around.

And the president -- you hear that kind of wussy thing? You ought not to be president. You ought -- elementary school, there's an idea. Or a nursing school. I don't care what you do. But this gives liberals bad names. Let these people speak. All they're going to do is get themselves dug in a hole.

GUTFELD: All right. Kimberly.

GUILFOYLE: I don't know. I'm just beholding that whole thing. What a spectacle. I love it. Good job, Bob.

BECKEL: Thank you.

GUILFOYLE: I agree with Bob, in a shocking turn of events.

GUTFELD: Yes, exactly.

PERINO: Breaking news.

GUILFOYLE: It must because of, like, choking off a little bit of his air supply here.

BECKEL: That's -- that's very personal.

GUILFOYLE: Oh, my God.

BECKEL: And then their signs are never spelled right, and they're upside down.

GUILFOYLE: All right, forget that. But the point is they act so spoiled and so entitled. And they don't want to listen to what anybody else has to say. And the whole point of going to college is to open your mind and listen and learn and have tolerance.

GUTFELD: And drink.

GUILFOYLE: But they act like fascists. OK, but besides that, maybe they're drinking too much. And this is the...

GUTFELD: I don't think so. Those people, Eric, they don't look like they have fun.

BOLLING: We keep having these stories, and it keeps happening. Milo and every year there's four or five of these things. But so students...

GUTFELD: And Shapiro.

BOLLING: This is a little bit different. This is a group, American Enterprise Institute, who invited someone to speak on campus who's fairly controversial. This is different from, say, a commencement speaker being told they can't -- they're wrapping me. Being told they can't speak because they're controversial.

Maybe there's a way for private groups like the American Enterprise Institute to hold these lectures and speeches off-campus; and then there's no -- there's no complaints by anyone. Right?

GUTFELD: Well, I think the campus invited him, but he's from AEI.

BECKEL: He is? We're getting out of here. Where did the pastries go.

BOLLING: I understand AEI invited him, and the president was -- had a problem with it. I could be wrong.

GUTFELD: Pastries where?

BECKEL: There's no pastries in our green room.

GUTFELD: Oh, my God.

GUILFOYLE: You're asking about.

GUTFELD: That's the story. Where are the pastries? Can we have pastries delivered? Up next.

GUILFOYLE: No, they'll take away the Diet Cokes.

GUTFELD: We revisit our top story, President Trump's allegations -- this will be fun -- that he was wiretapped under the order of President Obama.
Our final thoughts on that next.

GUILFOYLE: Look at Bob.


BECKEL: Final thoughts on tapegate -- Eric.

BOLLING: 1979 to 2013, the last numbers we have available. Thirty-three thousand nine-hundred requests for FISA warrants. All but 11 were accepted. It's very rare occurrence that they turn...

BECKEL: How many of those were domestic?

BOLLING: I don't know. It doesn't matter. If they're tied to a foreign entity, then you can be -- you can be -- you can be surveilled.


PERINO: Well, there's an editorial, a special one in "The Weekly Standard," which I think is worth reading. It says, basically, because nobody trusts anyone, let's just move expeditiously to get this investigation completed, see wherever it goes and I saw that Trey Gowdy, the congressman from South Carolina who chairs the -- who was on the intel committee and chairman of the Judiciary Committee, said, "We're going to take -- we're going to go wherever this goes." But I think they need to do it really quickly.


GUTFELD: I would like to congratulate the media, after 50 years, of finally admitting that Russia is a threat despite embracing cold, hard communism of Castro and mocking Mitt Romney for his warnings. Better late than never, fellow travelers. Better late than never.

BECKEL: What do you think.

GUILFOYLE: I thought it was a consistent point that you've been saying all along.

GUTFELD: Are you saying I'm being repetitive?

GUILFOYLE: No, I was saying you were being smart.

GUTFELD: Are you saying I'm being repetitive?

GUILFOYLE: Now you are.

GUTFELD: Are you saying I'm being repetitive?

GUILFOYLE: Wow, this is so weird, right?

GUTFELD: Are you finished?

GUILFOYLE: I'm not finished. I'm not finished. What -- I'm going to echo Dana's sentiment...

GUTFELD: That's repetitive.

GUILFOYLE: ... which is I would like to call up from the great point journal -- yes -- to say that this is something that is quite serious if, in fact, it did occur. We do not know what happened. That's why it is important for them to follow through on it, like Trey Gowdy said, like Chaffetz said, and go full, thorough investigation and then let's see where it falls.

BECKEL: For the sake of the country, we can all walk down the Wizard of Oz's yellow brick road. It did not happen, Mr. Trump. Please pick up the phone. Do your country a favor and get this behind you. You just can't do it, can you? You just can't do it. And that's too bad. You're president of the United States.

"One More Thing" is up next.


PERINO: It's time for "One More Thing." We've got a good one. Greg first.

GUTFELD: All right. If you go to FOXNews.com/Opinion, there's my piece on remembering Andrew Breitbart after his -- five years since his death.
Check it out. I think it's -- well, it's moving, for me, anyway.

PERINO: Very good.

GUTFELD: All right. Time for this.


GUTFELD: What the heck is that?


GUTFELD: All right. This an amazing thing. Kristin Fisher, "FOX & Friends." Let's take a look at this. You know what she's talking about?
She's talking about what happened with Donald Trump. And the fact that he's accusing his place of being involved. But who is being bugged?
Kristin Fisher. There's the bug. It's an actual caterpillar crawling down her arm. I'm not weird or anything. It's not like I watched Kristin Fisher that closely. Great talent.

GUILFOYLE: Apparently you do.

GUTFELD: But isn't that ironic? She got bogged while talking about being bugged.

GUILFOYLE: And you know that the liberals complain about that being torture when you put a caterpillar on one of these guys that are afraid of bugs.

PERINO: All right, Bob.

BECKEL: Our attorney general, Jeff Sessions was the subject of "Saturday Night Live," and his brilliant portrayal of Forrest Gump, which is about -- go ahead.


KATE MCKINNON, CAST MEMBER, NBC'S "SATURDAY NIGHT LIVE": Democrats want me to resign. I've just got to prove to everybody that I don't have any ties to the Russians whatsoever.

UNIDENTIFIED MALE: This meeting never happened.

MCKINNON: I wasn't going to remember it anyway.


GUILFOYLE: Oh, my gosh.

BECKEL: There you go. These editorials are great.

PERINO: You're skipping ahead. Ok. I have a VERY quick one. Tomorrow night my husband and I and Aaron Landers, we're going to head to Africa to visit mercy ships. Felt Jasper went ahead. And a very nice woman, she made a little nursing outfit for felt Jasper. So if you have kids and you want to follow along with this journey, we're going to have a lot on Facebook.

BECKEL: You're taking Jasper there?

PERINO: No, the felt one. Little baby.

GUILFOYLE: Little doctor outfit.

PERINO: I think it's a nurse, stethoscope. I thought maybe he will -- those are his scrubs. So anyway, we're looking forward to the trip and we'll -- I'll be on live on Friday from -- on this show. From there.

BOLLING: By the way, congratulations on that trip.

PERINO: Thank you. I can't wait to come back and tell you all about it -- K.G.

GUILFOYLE: All right. Thank you so much. It is time for...

GUTFELD: Time for...

GUILFOYLE: You ruined it!


GUILFOYLE: Kimberly's Food Court.


GUILFOYLE: All right. It's kind of shared by Bob, because he eats my supplies. But today is National Oreo Day. And it used to originally be called a biscuit, Bob. And it's because, back on March 6, 1912, they were
-- the first Oreo was sold. Oh, look, you're showing my hands. Was sold to a grocer in Hoboken, New Jersey.

Now, Bob loves a good Oreo, let me tell you. And he's already eaten three.

GUTFELD: What is that white Oreo?

GUILFOYLE: These are like vanilla golden ones. But Bob said he doesn't like the white ones. Shocking.

All right. And then the other thing is, we want to do a special promotion for our friend Jamie Colby and her fantastic show on the FOX Business Network, "Strange Inheritance." So there's two new episodes tonight on FBN. You want to catch it, 9 p.m. and 9:30. Thank you so much.

PERINO: And then you can DVR Tucker.

You're next, Eric.

BOLLING: I'm never going to get mine in. But K.G., I'm not going to have any of those Oreos. You know why?

GUILFOYLE: Why not? Because Bob touched them?

BOLLING: They moved to Mexico. Nabisco moved their Oreo plant to Mexico.

BECKEL: They did?

GUTFELD: Wait a minute. Didn't you just vacation in Puerto Rico?

BOLLING: I did. But that's part of America. It's American territory.

GUILFOYLE: That is not Mexico, OK.

GUTFELD: Sorry. Keep your jobs here. Keep your cookies in America, everybody.

PERINO: We're going to be getting a lot of e-mails. All right, set your DVR so you never miss an episode of "The Five." That's it for us. And your very "Special Report" is up next.

Content and Programming Copyright 2017 Fox News Network, LLC. ALL RIGHTS RESERVED. Copyright 2017 CQ-Roll Call, Inc. All materials herein are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of CQ-Roll Call. You may not alter or remove any trademark, copyright or other notice from copies of the content.