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tv   The Five  FOX News  February 1, 2017 2:00pm-3:01pm PST

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both sides. >> neil: or childishness. both of them. stop it. >> this is why people hate washington. >> neil: thanks, howie. howard kurtz. see you tomorrow. >> new tape of his arrival. we'll have more on this story later in the hour. today mr. trump's nominee neil gorsuch. lawmakers will decide his fate in the months to come. president trump met with
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interest groups. intense confirmation fight already underway. >> it is a very hostile appointment, breathe air, eat food, take medicine. interact with the courts, this is a very bad decision. well outside the main stream of legal thought. not committed to supreme court precedence. >> point now is not that this guy is not qualified. we have to make sure we protect the court from becoming the kind of political delivery system that the five republicans have made it. >> those that say at the end of this process, only two possible results, senate will confirm this nominee or republicans will use the nuclear option to change the rules of the senate are dead wrong. that is a false choice. answer should not be to change the rules of the senate but to
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change the nominee to someone who can earn 60 votes. >> if democrats make good on their threat to filibuster gorsuch, the senate advised the majority lead tore take the option. >> he is a dignified man. i would like to see him go through the dignified process. if we end up with the same gridlock longer than eight years in all fairness to president obama. if you can, mitch, go nuclear. that would be an absolute shame if a man of this quality was caught up in the web. i would say it is up to mitch. i would say go for. >> let's hear from that man, judge neil gorsuch addressed the nation after he was introduced by trump. >> i pledge if i am confirmed i will be a faithful servant of
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this great country. towering judges that have served on this particular season, scalia and robert jackson much in my mind. justice scalia was a lion of the law. in our legal order it is for congress and not the courts to write new laws. it is the rule of judges to apply not alter the work of the people's representatives. a judge that likes every outcome is a bad judge. >> first to come in the trump administration what did you make of it? >> youngest in 25 years on neil gorsuch, very interesting he falls in line with scal scalia u put kneel gorsuch in for scalia seat, it almost lined up
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perfectly. i would imagine democrats are going to have that fight. when justice kennedy comes up, far more liberal than scalia was. there is where the fight happens. on what trump said, senator mitch can -- [laughter] can do it now pre-emptively. he can invoke, change the rule prior to the filibuster where he wouldn't have to invoke the nuclear option. convening a committee with a simple majority for a one time, you can change the rule and get it to a simple majority vote and therefore get gorsuch vote. it can be done. >> however it would behoove senator schumer to deliver nine votes from the senate democrats to vote. kimberly, couple of different
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ways. >> there are. ultimately the conclusion is foretold. he is going to be sworn in at the next united states supreme court justice. he should be. man of measurable talent and integrity. great jurorist. well regarded by both sides. any option would be political not on anything he has written because they want sour grapes. perhaps over garland. one at the end of a term of a president in for eight years and this in the beginning. if you look at the trade so to speak, justice scalia, like for like, traditionalist mirroring one that scalia well regarded and considered to be of excellent quality and character to be u.s. supreme court justice. excellent pick.
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you haven't heard anybody say anything about his skill set or capability or educational qualification. >> oh yeah? nancy pelosi. >> he spoke about this as well. >> he is the most worthy jurist to fill the shoes for antny scalia. i think you take a traditional conservative view and add in a healthy scalia-like dose of skepticism about the government. you equal neil gorsuch. >> or they could have been talking about you. >> i love that, too. everyone on both sides love how strongly feel.
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i did know someone that did know him, andy leavey launched a satirical newspaper with gorsuch back in the late 80s. it has to be sad to be andy leavey, how whoafully underachieved, he is supreme court justice and you are the red eye budsman. it is an influential position. >> we love our andy leavey. do they both love cats? >> you know if he was a partier. did you do crazy things together? i don't know. i would be curious to find out, andy? he is going to be on "tucker." there is a plug. >> there you go, benefits for having those connections. i worked with him at the
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department of justice. i don't think he would remember me, he didn't have to work that hard to get confirmed, it was done unanimously. >> it wasn't a big effort. >> it was effort. it was a package. >> i think back to college days, it was ginsburg who got knocked out because he was smoking dope. now, i don't think that is going to knock out gorsuch. >> whatever they got into can't tell. >> can't tell. usually it is sex that gets people in trouble. >> tell me about it, juan. >> there is a big fight coming, yes, if you qualifications in terms of judge gorsuch's education and clerkships with byron white and justice kennedy. no problem. you heard everybody say it is one for one, gorsuch vs. scalia,
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doesn't change the balance. what about merit garland? so imminently qualified, top in the country, everybody, republicans said imminently qualified. >> dems would have done the same thing. >> you are playing tit for tat. >> remember kennedy confirmed in the last year, right? >> i don't remember that. >> only the democrats get their way and republicans have to be upset. now the charges reversed in 2017. republicans, they are acting very normal, this is what you do. >> interestingly, they made a good strategic choice in having former senator kelly ayotte who has good relationships with all the senators, she was there six
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years. lost her race in norv november. she'll be his guide. >> don't dare use the nuclear option. only reason it is on the table because of harry reid. >> they call it the reid option. >> just like the difference between isis and isil. >> on the politics, wouldn't dems save fire power for the second one? >> maybe they will. >> they did do that with chief justice roberts, do you remember what that was about. ruth baiter decided to announce, chief justice announced.
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they looked at everything he had ever written. labor day weekend, 2005, remember what happened? chief justice rehnquist died and democrats said he is fine, confirm him. >> talk about democrats, republicans, mccain, cruz, if hilary clinton was elected, maybe we wouldn't ever, ever approve any democratic nominee and stick with four and four because it has become so partisan. you have people like michael moore saying democrats, if you don't fight this, you are primaried from the left, republicans knows this threat. dan pfeiffer saying don't blink, democrats. >> you have an obama administration official saying: if you care about preventing an overreach from the executive
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branch, gorsuch is your guy. if you are worried as donald trump as president, gorsuch will be tough like scalia. >> everybody trying to define what is a main stream judge, for pelosi, schumer, elizabeth warren, what about contraception, hobby lobbyist. he sided with the big business and church over the individual rights of women. >> be honest, juan. is there someone on that list that democrats would confirm? >> yeah. sure. not because it came from heritage and federalist society. instead of having the far right decide, let's have a truly main stream. >> prior to being elected.
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>> what if donald trump recommended merit garland? >> you take whatever i give you or we are not having a conversation? >> pretty much, that is why elections have consequences. >> if president trump would have kept garland, democrats would have opposed him. >> why? >> trump is throwing so much stuff at us, we haven't talked about immigration today. that is over. >> we are going to get to that. comparatively, left is reeling because there are too many things. i liken it to the tennis ball things. can't stop it. trump is going to get two-thirds of his stuff done in six months by june. >> democrats just listened to merit garland, gorsuch is
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entitled to a fair hearing. >> we have to hold a hearing tomorrow. much more to come, trump administration put iran on notice after recent act of aggression, stern warning from our security adviser coming up. ♪ psoriasis differently. some people who took otezla saw 75% clearer skin after 4 months. and otezla's prescribing information has no requirement for routine lab monitoring. don't take otezla if you are allergic to any of its ingredients. otezla may increase the risk of depression.
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♪ >> back with more of president trump's choice for neil gorsuch republicans very, very happy. >> president trump announced an outstanding nominee for supreme court. i am confident his impressive background and long record of service will prepare him well for the task at hand. >> gorsuch is a home run. trump said he would nominate to replace justice scalia. >> he is a man of the law. >> so do you think president trump's pick of neil gorsuch is putting to rest some of the
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people on the right of how conservative donald trump is. >> i think people that saw the list, if i become president it is from this list i would pick, it gave republicans from all different walks of life a lot of comfort. president was true to his word. i thought he had so many people in the room who might have been skeptical and didn't campaign with him. you saw senators, winning creates a moment of unity. certainly, this was one of them. i think the democrats so concerned about this nominee, they are looking at one part in particular, that is this idea he is skeptical that the regulatory and executive branch has so much power over the people without going through congress. concern for democrats is they haven't been able to get the big laws passed.
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you had something like clean power plan, waters of the u.s. going through epa not through congress. somebody like neil gorsuch would have said you can't do that. you have to go through congress if you want to do it. that bothers, democrats, it has to go through the proper process. >> juan, want to comment on that? >> i like his approach, very clear and direct. i like his approach saying it is not for the judges to write new laws it is for the legislative law. congress has a clear understanding of separation of powers and respect. he is not going to politicize from the bench and should appeal to both sides. >> list of senators up for re-election, senator joe donnelly, indiana, 19 point
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margin, claire mccaskill. joe mansion, open to this nomination at this point. how do they push back? how do they filibuster? how do they say no to someone when the constituents said they are on trump's band wagon? >> republican paid no price during obstructionist. president mcconnell did a great job. he had to get all of those republican who were in blue states re-elected in order to maintain his position as majority leader. >> mitch mcconnell wasn't in danger. >> he was responsible for keeping majority in the senate and did that. >> what is the democratic option
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to judge gorsuch? dana picked up on this, dana, i think the epa law gives authority to the agency in terms of maintaining clean air in the united states. i think there are people that say they have exceeded their reach in terms of applying that. i think people are concerned about contraception going back to hobby lobby. >> contraception wasn't taken away. that was the case about religious liberty. >> if your employer says we have a religious objection, they are allowed to say that trumps your right. >> it does not trump your right. >> do companies want to take away the right to take a pill? it has never happened, juan! >> i want to finish this list, >> maybe the biggest one for
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democrats is unions because there is a case up there now about whether or not these have to be paid by public service to unions. >> i am generally concerned about democrats. they should be picking their fights wisely after eight years of not working out, trying to run a marathon, trying to keep up with what trump is doing. they are going to have a cardiac arrest. they haven't done anything for eight years. >> should we send dr. siegel? >> i think we should. >> i think one of the concerns in terms if you are a pro-choice person, they will try to take his rulings on assisted suicides
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and try to lead that back to women preventing contraception. >> pelosi said she thinks he maybe willing to ignore precedence and go redo roe vs. wade. >> that issue comes up with the next judge that gets replaced. >> and technology -- technology is moving at a rate that ethical question will become before the court sooner than later. something we should all talk about maybe for an hour one day. >> ahead, president obama thought he could make iran our friend that was obama, they are continuing to violate the new clear deal, trump administration put them on notice next on the
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you haven't even heard my catchphrase. i'm all done with this guy. box him up. that's terrible. ♪ aran test fired a ballistic missile sunday in defiance of a security council resolution. first provocation since trump took office. vessel off the coast of yemen monday. today national security adviser sent a stern warning better not happened again. there is a new sheriff in town. >> including weapons transfers and other violations of international norms. trump administration condemns such actions that undermine prosperity and security beyond
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the middle east. president trump severely criticized various agreements between iran and obama administration as well as united nations as being weak and ineffective. instead of being thankful, iran is feeling emboldened. we are officially putting iran on notice. >> i like this, stern and direct. i thought this was impressive, what do you think, dana? >> as we talk about transition periods, once with instability and enemies try to test you, two things, immediate forcefulness on behalf of president trump, also helps sure up our allieall. saudis have been frustrated with -- they felt like they were cut out of the conversation and they were put at risk. i think this was an attempt to reset that relationship with the
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saudis. >> okay. eric, strong message being sent, what shall follow? >> president obama never saw the evil underbelly of the iranian regime. they never wanted to have nukes for peaceful reasons. they are sitting on top of four trillion barrels of oil. if they want cheap energy, they would do it for that route. this was for a nuclear weapon. even if you agreed with president obama turning over 150 billion dollars immediately was the biggest mistake. we could have over a course of time, we are not going to test the missile, fine, we'll send you a few more bucks, you don't enhance centrifuges, send you more money. play it out over a course of
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time. we lost the bargaining chip. i love the idea of slapping new sanctions. >> juan, what did you think of the messaging today? >> i think a lot of people are alarmed by it, does this mean we are willing to go to war? they say there is a range of options. they said this is contradictory something i heard a moment ago, no violation of iran-nuclear deal. they violated a u.n. resolution, in addition to which they fear what iran was up to was trying to attack an americanship, if that is the case, then you boys are playing with fire. you give america no choice but to respond in a militaristic way. if we are talking about the saudis and iranians, dana said we like the saudis, we want to feel we are on their side.
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can't get into the middle east, it is a tender box. i don't think the american public wants to go to war. >> who said war? sanctions, recommended sanctions. >> right now we have a deal that prevented them from getting nuclear weapons and threatening israel. the russians are their pals. >> they are our friends now, too. >> yeah, right. >> juan said people are alarmed because the united states maybe willing to go to war. that is the point! the point is the world should sense america is willing to go to war. if you sense they are willing to go to war, then you won't go to war. that is the whole point, you don't mess with somebody that is going to do something. you sense 2017 dealing with adults, sneaking feeling when flynn draws a red line or puts
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♪ >> yesterday on "the view" otherwise known as hell's dmv. whoopi goldberg asked how much different are the values of trump administration from the taliban. >> we have a leader repeatedly demeaned women, calling on the media to shut up, specifically wants to give preferential treatment based on religion. is this different than the taliban? maybe they didn't start off chopping people's heads off. it is tricky, we are saying here are our american values. then we are saying at the same token stuff that sounds exactly like the stuff we are fighting. >> wow. talk about ground breaking to hear a celebrity say something mean about the taliban.
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how dare they compare them to trump. taliban should sue. ran out of hitler analogies. i am reminded how entertainers rarely express any rage our islamism. they might take their rage towards trump seriously. radical islam is for killing gays, same as making rude jokes. trump's rudeness is a product of a rude culture. any way, immigration pause meant to separate homicidal maniacs from innocent muslims. pure mindless relativism, ie "the view's"
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bread and butter. caning the -- canceling the oscars. let's call it right now, clear out space on mount rushmore. donald trump maybe the greatest president we have ever had. >> it has just been a couple of weeks. >> dana, what do you make of whoopi's analysis of activity going around the world? >> i am sure she is speaking in hyperbole. however, danger is to take away from what the taliban does. throwing acid in girl's faces, denying them an education, what trump is talking about is more economic opportunity for all. his daughter, her whole policy
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platform is empowering women. it is ridiculous, ludacrist and undercuts what americans should be trying to do to help the girls of afghanistan. taliban is in afghanistan in larger number than eight years ago. >> they would execute everybody on "the view" and start with whoopi first. the audience didn't say anything. >> it was pretty outrageous. when i think about the atrocities against women and children created and occurred at the hands of the taliban, people being buried with their heads exposed with the slightest, noses cut off their faces,
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horrific conduct. why don't they protest about that. >> it is a good point. easier to go after trump. >> of the most severe trump -- joy behar does the same thing. they didn't like trump from the get go. it is a rough thing when you are trying to say i think it would be good. then they say this is why he is terrible. >> i feel bad for poor chad. >> how do i handle this. i think canceling the oscars would be bad for us. >> probably should cancel to spare hollywood the embarrassment. >> cancel half of the oscar. >> on the internet, right wing
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has all sorts of hashtags. you can have fun with what whoopi said. it has merit. powerful analogy. >> it is wrong. >> compared to the taliban? >> didn't he say shut up to the media? >> religious preference in terms of immigrants. forgot about that. >> what about demeaning remarks about women. >> you are actually comparing that with the taliban. >> i am saying i think whoopi goldberg wanted us to think about the kind of attitude, bullying we are seeing. >> when we think about it -- >> just like the taliban. how stupid the analogy is. >> you can argue that. it is clearly hyperbole as dana
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was saying. >> i am pointing out only stupid people engage in relevantistic thinking. analogy, i forgive you, whoopi. president trump invited african-american leaders. we want to address the blood bath in chicago, more on that, next. ♪ hey... hold on, i can explain. you better have a good answer... switch to geico and you could save a ton of money on your car insurance. why didn't you say so in the first place? i thought you's was wearing a wire. haha, what? why would i wear a wire? geico. because saving fifteen percent or more on car insurance is always a great answer. this is one gorgeous truck. special edition. oh, did i say there's only one special edition?
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♪ >> welcome to february 1st. start of black history month. president obama -- >> whoa! >> president trump to talk about what is plaguing schools. >> we need better wages and safer communities and do it with law enforcement. >> president trump went on to address the crime crisis in chicago with a pastor from cleveland. gang leaders are asking for help because it is so bad. >> i was recently contacted by
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some of the top gang thugs in chicago for a sit down. they reached out to me because they respect me, they believe in what you are doing. they want a sit down on lowering the body count. >> we are going to have to do something about chicago. what is happening in chicago should not be happening in this country. >> they want to work with this administration. they didn't believe in the prior administration. >> what struck me two things: this is pastor darryl scott of cleveland. they associate him with downtown. some controversy whether he is talking to people involved with the gangs. if true, in fact, people are reaching out to him because they trust the trump administration according to pastor scott did not trust president obama. >> i don't believe it.
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it is not trump's fault whether this is true or not. gang leaders asking for help sounds like an onion headline. i am going to back away from this story until there is some sort of verification from another source, thank you very much. >> thank you, i know pastor scott very well and his wife. they do a lot for the community. i hold them to be of high integrity. if he said he met with people, i believe he did. having worked in gang infested areas in los angeles and prosecuting those cases, if they are willing to listen and have a conversation with leaders, community, people in the clergy to sit together to reduce body counts and come up with solutions i am all for that. i am open. >> what do you think, social programs? send in national guard? >> um...
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i am hopeful. i would be hopeful that the pastor is being forthcoming, actually did have a meeting with gang members. i am skeptical they said i am looking for another alt tern -- alternative. >> that does happen. >> you think trump should meet with gang members? >> i said meet with members of the clergy. >> dana, what are real solutions? >> i saw a report out of chicago rahm emanuel said okay, we'll take your help. he said to the trump administration if you can send more fbi, dea agents, we'll take your help. last week he said we have got this. maybe if we need the help. now he is saying please send it.
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>> i just hope it is not a one off. i hope it is not like cinco de mayo and tacos, this is a serious problem. i appreciate the fact he is paying attention. one more thing, up next. eve my belly pain and constipation?
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♪ >> it is time for one more thing. i'm going to go first.
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we've been keeping you updated on the health of the 41, george h.w. bush and barbara bush. they are home and getting ready to go to super bowl li where it was announced that they will make it to flip the coin to kick it off. barbara bush told her doctors, "you need to get us out of here and tuned up. we've got to host the super bowl." because i'm going to be gone a couple days, i wanted to provide you with dana's theory. obviously if you were outside and you are a patriot and you have the musket, you could probably shoot a falcon and kill it. gun free zone at the stadium. no guns, no muskets. i'm going to predict the falcons are going to fly away with it. >> how is your record of? >> my record is excellent. >> it's time for something new. greg's heroic actors, actors,
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actors. people get oscars for playing abe lincoln or famous scientists are powerful athletes. it is so easy. what about the actor who plays irritable ball syndrome? i am talking about alana bakker, who you see every day. she plays stomach disorders. when they talk about actors who take a risk. that is taking a risk. you've got to pour yourself into it. you have to be the disorder. a lot of people have this disorder and she does a great job. that is her. my hat is off to you, ilana becker. >> how did that get approved? how did that get approved? >> leading up to the election, talking about some people who weren't sure about donald trump, take a look at this video.
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i was watching this last night with pride and promise. trump's most important legacy is right there. he's going to maintain a conservative court for decades to come and i am wildly happy about that. >> all right. this is a story that dana touched on in the beginning of the show and you have probably seen on fox news today. president trump traveled to dover air force base for the arrival of the remains of the u.s. navy seal, chief special warfare operator ryan owens, william ryan owens, 36 years old. he was killed, as we mentioned on the show previously, during a raid on sunday on al-qaeda in the arabian peninsula. also there was an incredible amount of information, a treasure trove of intel they were able to recover, they said, similar to the amount in terms of its importance to the intelligence community that we got with osama bin laden.
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wonderful to see the president there with ivanka. >> that's it for us. "special report" is next. >> this is a fox news alert. i am james rosen. "special report" is tracking seral big, breaking stories tonight. the president's national security advisor is issued a blunt and cryptic warning to iran. political warfare has broken out over the pick for the supreme court as the nominee starts making the rounds on capitol hill. america has a new top diplomat with rex tillerson confirmed as secretary of state while the president's nominee to lead the education department is confronting some unpleasant math on the senate floor. john roberts is at the white house. mike emanuel is that capitol hill and national security correspondent jenn


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