debate is what they are looking forward to and hope they will have a break-out moment that would help them get in front of trump and the other front-runner. >> debate could do it, we'll see. we're a long way from that. great seeing you again, for those just joining, the broad stocks up, having nothing to do with that drama, more to do with the good economy. >> i'm greg gutfeld with jeanine pirro, jesse watters and martha maccallum, it's "the five." >> the orange menace is back at nyc, donald trump is at trump tower as he awaiting his arraignment tomorrow. trump is set to arrive at the courthouse in downtown

manhattans, he will face a 34-count indictment related to hush-money payment made in the run-up to the election, jen psaki says democrats might want to consider restraint. where does that leave democrats? what should they be doing about the indictment news? let me start with what i don't think you should be doing. as much as you may want to, now is not lock them up t-shirts and mugs, that is what trump and his supporters would do. now is not the time to celebrate, brag, predict outcome of the legal cases. if you can, i would put your head down and stay out ever it for now. >> greg: moderate democrats have doubts about the case. it is a very, very sad day for america, very sad day, especially when people believe the rule of law or justice is not working the way it is supposed to and biassed, we

can't have that. >> no one should be above the law. no one should be a target of the law. it will lead to political theater. >> greg: grab your bucket and mop, the media is wetting their pants at the thought of trump in handcuffs. cnn had someone on a boat to capture the moment trump landed. and others are cheering it on. >> democrats will be more renegade than they have been for two centuries. >> with all due respect, no one should care these people are outraged by this indictment. >> i'm sure he is working on his lizard brain, which tells him to fight back no matter what. >> he will be fingerprinted, they will take a mug shot. [cheering] >> like 2016. i love how the press covered his

arrival like it was o.j. in the white bronco. those people want him back in, he pays their mortgage. they will cover him like a burqa. they pretend he is awful, those clowns need him to survive. >> we covered it like that at 3:00. >> greg: i am one of the clowns. >> i noticed a ton of glee at the beginning of this indictment process, i went back to my office, getting ready for this, different channels on. now they are mad about people paying attention to the motorcade, mad they raised 7 million and they were grumpy this afternoon. the other thing that is interesting when you look ahead to this case, you have people

saying the case will fall apart when michael avenatti, from prison, is telling you michael cohen is not credible, that is noteworthy. you haven't heard the other side of the case, you have seen what the grand jury heard. here is why you ought to sign off on the ham sand wwich for n. bob costello has more they have not seen. this case with john edwards fell apart in a huge way and he gathered a million dollars from different donors to get money to pay his hush money from different people and they couldn't nail him with that. >> greg: he is not trump, he doesn't create derangement. judge, will there be a gag order and will the former president respect it? >> jeanine: i think it is a sad day when i watch the president both get on the plane and then

deplane in new york city. i couldn't help but say to myself, this is the president of the united states who is being forced by a prosecutor who said he would get him to go to the manhattan criminal court to be booked and mugged and fingerprinted and brought in for arraignment by a judge and forced to say whether he pleads guilty temperature is stunning to me, i spent my whole career doing this. i think it is a sad day for the country. having said that, i suspect the judge will definitely issue a gag order. the question is, however, whether or not gag order in this particular case will be constitutional because you also have a former president, running for president of the united states. can you gag a presidential candidate? can you gag someone where almost

50% of the country thinks it is a political prosecution. everyone thinks it is political by guy who said he will get them and then you have a judge who has to say to himself, this really, is it constitutional? i'm not sure and it is everything about this president and what he has said from day one is this country is not what you think it is, this is weaponization of the criminal justice system. will they be allowed to skirt around the 30 charges and believe me, 30 doesn't impress me, could be one. might talk about the race itself, can't stop him from doing that. i guarantee if there is one, there will be immediate appeal and the first amendment will trump a gag order. now one more thing, greg, most of the gag orders i've seen in my career have been against prosecutors for fear the prosecutor will taint the

potential jury pool temperature is rare you get defendants who do it and so much from the prosecutor that leak maybe it is time to let the defendant leak. >> greg: harold, you said this indictment turned into an extreme maga republicans and you are starting a pact with the proud boyz, i'm shocked you are outraged. >> i was on the subway trying to get here. i love being around the table, it was great watching and better being here. two things. i thought jen psaki said it best, restraint for everybody and the judge's answer is exactly right about the gag order and other things, as well as martha. but i think restraint should include two things, we do not know what is in the indictment. we will get an opportunity to hear the president defend

himself. i think there has been some defense and the president expressed his theory of the case. for me, i'm interested in understanding two things, one, what are contents of this indictment, if the indictment is about elevation of misdemeanor charges, which we've talked about here and other shows and judge, you have great experience, if this is elevation of things passed on by the u.s. attorney's office and passed on by the former da, you will see a lot of people including me say this is not the right expenditure of time and this impacts the president in negative way as he seeks the office again. i reject and push back on those and there may be some around the table, i am believer when injuries talk, you listen, president trump will learn the exact charges and hear from the

president. our system is based on a rule of law and there is presumption of innocence for anything accused. and two, facts in evidence in courtroom and we have checks and balances in appellate court and supreme court help to make sure destruct courts or appellate court does not act outside its boundaries. i believe the president is innocent and any democrat or repu republican -- should not think otherwise. martha, take my comment, i don't care what they look like, this is a system we live in and we besmirch our system. by 2:15 tomorrow we will know the charges and this will be dismissed for no evidence and no

facts -- the very best. if not, all of us should be willing to move forward. >> jesse, you heard harold say he's innocence. >> thanks harold. there is saying different rank, different spank, in military and there are two tiers of justice in this country. you can't tell me who the victim is. who is the victim of this crime? you can't say it. as far as we know what the indictment is and i'll speculate, he put the payment to the lawyer in the wrong column, in a different ledger, so the lawyer took out a loan to pay off stormy. and trump reimbursed the lawyer. that went in as legal reimbursement, no, it went in legal expense, it is a bookkeeping charge, this is not

a publicly traded company, there is no victim. this goes into the filing cabinet and that's it. they are saying he didn't put this as campaign expense, that is covering up a felony. that is bull and everybody knows it. we care what ledger you put something into? what lenler did hunter put the diamond from china in. biden family didn't pay taxes what about the missing billions of dollars from afghanistan, there is no criminality there. trump paid somebody and they are looking for what ledger he put that in. how about when the bank settled for billions in fines for money laundering? they didn't charge the bankers or any bankers that crashed the economy in 2008.

the manhattan da sat there and went like that, they are looking at this, that is crazy. alvin bragg committed the felony, unlawful grand jury disclosure. how do we know what is in the indictment? how does cnn know this? someone in the manhattan da office leaked that, that is a felony unless cnn is on the jury. we have a case, alvin bragg is a felon and bragg interfered in this election more than russia or china combined. >> greg: there you go, you are on fire, jesse. >> only understand m. >> greg: i know, i might have to take the rest of it is week off. up next chinese spy balloons scooped up more secrets than what joe biden told us about. this lent something to reignite your relationship with jesus.

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that's 1-800-217-3217. >> a new report blowing up on the chinese spy balloon. according to nbc news, the communist spycraft was hovering over sense till military sites and sending information back to beijing, the news flies in the face of what joe biden told the american public at the time. >> do you regret not having insisted bringing it down sooner? >> no, the total amount of intelligence gathering going on by every country around the world is overwhelming and the idea a baloloon could traverse r

break american airspace is -- anyway, it is not a measured breach. >> anyway, it is just not a major breach. that was a weird moment when that happened, when the president said that, i think everybody was watching this balloon floating across the country and now we're learning it was doing, according to this nbc report and pentagon is pushing back on this, it was doing figure-eights over the base off the air base where we have largest silo of missiles. somebody needs to come clean if this is accurate, this is highly problematic and around the time you started to see the former president's numbers go up because people wanted action on this issue and felt unnerved by the lack of action.

>> jeanine: everyone felt unnerved, all you had to say was it is a chinese balloon and the hairs on the back of their neck went up, it didn't make sense, the amazing part is when nbc makes a decision to go with a story, who confirmed it? had to be someone from the pentagon who knew about it and then the issue was how dumb do they think the american people are that the chinese that we are in this political war with and economic war and talk of even worse is just checking what our weather is. i spoke with someone today in the military, they said, we have the ability, the chinese, if they have a balloon, they can send information to a satellite that then sundays it to china.

i said, can we interfere with it? he said we have nothing that can interfere with that. that regard, whatever they were doing, we couldn't have stopped. it makes sense they were collecting information over the intercontinental ballistic missile site, what have we done about it? if the nbc story is accurate, they were collecting information in realtime over our military assets, what have we done? did they pull back our ambassador? did they close any threats? no, we heard biden couldn't get xi jinping on the phone and austin couldn't get his counterpart either. it is a frightening situation and you find out about china and

hunter, you don't have to be a rocket scientist on this. >> the reason they said they couldn't shoot it down, it might land in montana and hurt somebody on the ground. the senator said we could shoot it over a problem where we would not have a problem. balance that with the loss of intelligence gathered at that time. >> greg: it is hard to talk about loss of intelligence with joe biden. he is more frustrating than china as a country. we know what to expect from china. we do not know what to expect from joe or what he might do. the thing more dangerous than the balloon debacle is the tiktok disaster. this is where i think china is brilliant. two weeks ago, we had this american political unity banning

tiktok, democrats and republicans and then it just stops because of the restrict act. it is no longer about tiktok, it is about vpn's, virtual private networks. we all do it, not just china, that is the poison pill now, that is government encroachment and not about chinese. china is one step ahead of us. this had to have been in the cards from the start, china wins. they somehow got this other thing going so we'll never ban texans, that is brilliant. >> harold. >> i think a couple things, one, greg's point about tiktok, this makes it more likely we institute some sort of ban on it for all reasons you enumerate, i don't agree with your conclusion. >> greg: it is not just tiktok,

it is other i think thises. >> we have to think more broadly than tiktok. when you think about the moral compass around social media in this country and now the harm we see from -- i've been on your show talking about mental health harm of tiktok and other social media. i don't trust morality of technologists around us. we are in a war on this front. when you think about the build-up and navy and south china sea and think about the stealing of ip over many decades and info gathering with tiktok, these are serious issues, not to mention the economics where they own debt when you consider involvement in ukraine, africa and middle east. i'm troubled by this story, more than some we've talked about in a while in terms of the administration and what they are telling us and not telling us

issue the story changes as more reporting coming out. if that is strategic, that is one thing, i am not convinced -- >> we were told in real time, jesse, they were not able to get anything. >> that is why i'm concerned. >> a shield comes down and we don't have to worry about anything, we pulled all plugs out of the wall and they got nothing and today they are asked at the pentagon and the pres secretaries, i can't confirm anything about that report. >> when your spouse comes home late and tell you one story or 12 stories, what makes you more suspicious? 12. they said it was an accident and the wind took it. then biden wanted to shoot it down, but was overruled. then it was too cold in alaska and too dangerous in montana and then said the balloon didn't spy

on us, we spied on the balloon. we threw a blanket over the silo and they didn't get anything. china was flying all over the place with trump and biden is a big popper and started shooting everything out of the sky. something like mom and pop easter in illinois balloon club deal. >> that is right. >> then they got mad and said blinken, you can't go to dinner with the chinese and then they shot one down and we missed with a $2 million missile and found out biden family was taking millions from china. but we were mad if they were going to send weapons to the ru russians. china is cheating and we can't believe everything the pentagon tells us. >> leave it on that, up next,

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♪ >> california governor gavin newsom trying to spread the gospel of his failed progressive policy to a red state near you. the liberal leader showing up in republican-led state to bash governors as evil facists. >> the problem in our country author tearian leaders who want to keep it by any means necessary. we have a big battle coming and will lead the battle to help elect leaders into believe in democracy. what is happening in red states?

it is not who we are, it is unmore than and undemocratic. >> jeanine: the unamerican and democratic part is amazing to me, here is a guy who decides california is all good, he will spread the word to red states. >> greg: it is more american to let people die on your streets, more american not to arrest people. gavin newsom is basically flinging mud while he's neck deep in the sewer, he talks about authoritarianism. nothing less free then and there lawless state. a criminal state, he governs a criminal state. if you look at most dangerous places on earth, south sudan, they are free as hell, but they are hell. when you see certain parts of california, where he doesn't

live or the pelosi's don't live, they look like a fourth world country. >> jeanine: harold, gavin newsom a move sounds like i'm running in 2024. >> i think he said he will stand down for joe biden, this is rhetoric like defining the choice in the election. i'm not surprised by some of this or the reaction of some, campaigns are about the future and governor gavin newsom believes californiaept ares future of america better than two governors i saw were governor abbott and governor desantis, governor desantis talks about why florida is great and he thinks his policies are the reason why. what i think would be more powerful for any governor, it be desantis, abbott or mr. gavin newsom is to do things, they are real challenges he is facing.

you are elected and there was a time you ran on your record of what you had done in your state and why you believe you could do better for the country. governor newsom has things, homelessness, crime and other things, if he were able to tackle those, i think his chances would be boosted tremendously, if he runs this time or doesn't run at all. >> greg: he never used to be like this, remember? he was not this crazy. >> jeanine: i think he always been a little crazy. >> greg: when he was mayor of the sf, he was crazy. that part of him is dead. >> jeanine: it it is amazing he criticizes florida and ron desantis, it is clear desantis is running for president. how can he make an honest argument when they are trying to

sexualize kids in florida, allowing them to read books that describe how to have sex, etcetera. >> he's not making an honest argument, he's a politician, like the second-string quarterback who has to stay loose in case something happens to the starting quarterback and biden is not announcing he's running until fall or late summer. >> jeanine: july. >> he ran it by biden, he told the white house he would campaign in red states, if he was campaigning in swing states, that would be threatening, he's going to deep red states and testing out lines, getting his legs loose, he's not threatening the white house. if he was doing big foreign policy speeches in south carolina, big economic speeches in new hampshire, the biden white house would say cut that out. they are allowing him to do that

out of respect and out of slight chance that joe doesn't run. he is distinguishing himself as cultural warrior on the left the way ron desantis is viewed on the right. this is his brand, i don't know if people love that. outside of california, that doesn't go over well. >> california is one state people are moving from, not moving to. >> that is what i was going to say, people don't understand when they make the argument, state rights, people in the states he's talking about are a, choosing to move there in the case of florida or texas and b, they are voting on referendums and all the laws that take place in their state and choosing that state because they like the way it works, right? they are not choosing california and businesses are not choosing california, taxes are sky high, regulations are sky high, it is

ownero us to run a business in california. people choose to move to the state and live there for the reason of how they are run. >> jeanine: okay, up next, woke college students hate free speech and are about to get taught a lesson. ♪ dancing is everything. soccer is the best. but her moderate to severe eczema could make it hard for her. my skin was so itchy. and my outfit was uncomfortable. now, my skin's not as itchy. now we're staying ahead of her eczema. there's a power inside all of us, to live our passion. and dupixent works on the inside, to help heal your skin from within. it helps block a key source of inflammation inside the body that can cause eczema. so they can have clearer skin and less itch.

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>> greg: go woke and go broke, you won't have a job. whiney woke law students who tried to shut down a judge at a campus event. >> you invited me to speak here and i've been heckled nonstop. i'm asking for an administrator. [screaming] >> your racism is showing.

>> greg: two federal judges will no longer hire clerks from stanford law school over their anti-free speech antics. stanford refused to discipline the mob, the diversity dean who egged them on has been placed on leave, i'll bet a lot of students who didn't get involved are not happy with their fellow students, judge. >> jeanine: that is the problem, there are students that were not involved, who may have wanted to go, but didn't because they knew they might be targeted by fellow students. i think it is time for federal judges and time for society as a whole to say you know what, enough of this, you play this game, we're federal judges, we decide what the law is, we interpret the law and you want to tell us we can't speak, the first amendment, there has to be

consequences. do not do anything illegal, do not hire them. >> where did you go to law school? >> michigan. >> go blue. anything like this happen? >> no, in fact i want the most conservative and liberal voices, oftentimes i didn't agree with either of them. i used to host a dinner with my classmates i disagreed with most and some i agreed with, the only thing, you had to acknowledge when someone made a point that was relevant or undercut your point. if we teach this, we will graduate an awful group of lawyers. when you think about juris prudence and system of justice, if you don't have smart, capable, creative, open-minded lawyers, general counsel at companies or judges or politicians, commentaros, the

country suffers. >> greg: they will matricalate a bunch of mini-alvin bragg's. >> i didn't say that. >> they will represent people who committed crime, murdered, their job is to be representative for a plaintiff. if they come out being horrified, i can't represent you, it is ridiculous. i love when he says i'm asking for an administrator. he is saying is there anyone grownup in this entire institution? you wonder why we see such dissatisfaction level with universities. this "wall street journal" poll, 56% of those polled do not think college education is worth it. 56%. a lot of college says and law schools will go out of business because people decide this kind of education is not getting them anywhere.

>> gutfeld international is not hiring from stanford law. >> i'm not hiring anybody. hiring freeze. ai can't come soon enough. what is interesting when you look at that tape, you realize it is not about belief, it is about performance. that is a performance. wokeism is like drag, inauthentic. look how overdramatic we can be and it contributes nothing. this is bigger than law school and law students. you should be aware of all woke students, they will not join your company to increase profits, it is opposite. join with purpose to perform and to correct you in public. esg, it creates a separate master, you can't have that or two separate bosses, you have to have bottom line. woke interference will destroy a business from within. i will not invest in a company

that has dei and esg and parents might check path of their brats, if they are beliefs or performance? they are inauthentic people that will ruin everybody else's lives, they are your kids, drive them to the woods. >> jeanine: then what? >> greg: teach them to camp. >> not use the word master when tal talking. [ [laughter]. >> the dude's proposal ends in serious pain. ♪ right, you have to do it yourself. in 2015, my dad had the idea to revitalize american textile manufacturing with bedding crafted from cotton grown on our family farm. we created red land cotton to give you the best farm, the home products possible.

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♪ >> welcome back, time for the fastest. first up, we know love can hurt, but not this badly. >> let's go. ♪ [laughter] >> baseball fan's on-field proposal ending after he touched the fence in the middle of a game. it was worth it, his girlfriend

revealed she did say yes. judge, would you like to be proposed to like that? >> jeanine: what was he thinking? didn't he know he would get tackled? number two, did he have a few too many pops? >> all the way out there. >> martha, is this something you want your husband -- >> my gosh, i do not like the big showy videotaped proposal thing, it has gone way overboard, i like the let's go out for dinner and sit at a romantic dinner. i highly recommend that, nobody was there videotape ing. this is way overboard. >> security didn't know what they were going to do. >> was it right. >>un aring head start, lower shoulder, that is textbook tackle. >> football tackle. >> threatened to have the

propose on jumbotron at eagles game. she told me something that stuck, the proposal is about the woman, not about the guy. >> thank you. >> what did she tell you that stuck? >> she told me not to do that, about the woman, not the guy. >> exclamation point. >> they will have a great story to tell their mutual divorce lawyer, all the people that do dramatic stuff end in divorce, they are possessed by chemical of love, biological reaction to be m love, you can't sustain that forever. he is basically showing i'm into the love, i don't know what you are and also what does he do for the second wife? the second wife will know about this and go, you did this, i saw the video 100 times on "the five." that was you? what are you going to do for me? jump off like a freaking

mountain with a parachute saying will you marry me? >> over niagara falls. >> i wouldn't do that, heck of a tackle by the security guard. >> and then the second and the third. >> one more thing is up next. need relief for tired, achy feet? or the energy to keep working? there's a dr. scholl's for that. dr. scholl's massaging gel insoles have patented gel waves that absorb shock to hard-working muscles and joints, for all-day energy. there's always a fresh deal on the subway app. like this one! 50% off?! that deal's so good we don't even need an eight-time all-star to tell you about it. wait what? get it before it's gone on the subway app!

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♪ >> greg: time now for one more thing. >> jesse: jesse jr. celebrated a second birthday over the weekend. pull the juan williams and just slowly go through the photos. there he is. he got a little. [laughter] >> martha: i remember that. >> jesse: beanbag toss right there. something we built him and cried and got into later so dana perino suggested this cake maker. and the cake was a big hit there it is. we practiced blowing out the

candles. no fire. many times and he actually blew them out. we are very proud. happy birthday, jesse jr. you turned 2 years old and he will not be going to stanford law. we decided that tonight, "jesse watters primetime," we have a murderer's row of guests at 7:00. so tune in. >> greg: all right. let's go harold. >> harold: happy birthday to jesse jr. chester brook academy preschoolers in maryland celebrated reading 300 books by sliming their principal. principal kimberly holmes said it was worth it to motivate the kids. this is not the first time she subjected herself to something like this. she had a challenged last year and they were able to make her into a human ice cream sundae. any way to motivate kids i love. great sense of humor. we need more people like that. >> jesse: sends the wrong message. disrespectful.

>> greg: harold ford jr. is back. mollie hemingway. kat timpf. let's do this. greg's sports corner? i bet you guys didn't know this but one of the most underrated putters in the golfing world happened to be beatles. this guy landed a shot on the green and waited while the beetle helped him get the ball closer to the ball -- look at that i'm not kidding. do you know what he is doing? i can keep watching that forever but we don't have enough time. >> wow. >> jesse: they stepped on it afterwards. yeah, he is dead. never happening again, judge, you are right. >> so a group of friends traveling to port call and fix a problem of having to ask a passersby to take a group photo.

train the dog dixie to be personal tripod. dixie is more than happy to snap a photo of the group impressive results as you can see. dixie is the true artist and the natural born furtoghher. the dog took the picture. >> took a picture of him taking a picture of them. >> greg: freaks me out. >> martha: taking pictures of ourselves. the storms passed through the area over the weekend and got this amazing picture. i love isn't a amazing? that was sunday night. over manhattan and this is like the -- looks like a big tree, isn't it. >> jesse: god is not happy with the trump indictment. >> greg: that's for sure. >> harold: or he could be. >> martha: mother nature.

>> greg: that's fantastic i will be off the next couple days. >> jesse: plans? >> greg: definitely plans unless i host really bad tonight. i won't be visiting the pope. >> martha: that's what we thought you were doing. >> greg: "special report" suspect next. hhey. >> bret: hey greg. a surprise production cut what does this mean for gasoline prices? we will tell you. also talk with the editor and chief of the "wall street journal" about the effort to free one of their reporters from russian custody and our "common ground" segment looks for solutions to the opioid crisis. >> bret: breaking tonight, we're less than 24 hours away from history. former president donald trump is set to be arraigned tomorrow 2:15 p.m. eastern time in new york city. he arrived there a few hours ago. he will become the first former or sitting president to be