'The Five' react to social media censorship of Hunter Biden report

This is a rush transcript from “The Five” October 15, 2020. This copy may not be in its final form and may be updated.

JESSE WATTERS, FOX NEWS HOST: Hello, everybody. I'm Jesse Watters along with Emily Compagno, Juan Williams, Dana Perino, and Greg Gutfeld. it's five o'clock in New York City, and this is The Five.

Twitter and Facebook have some serious explaining to do after censoring and blocking people from sharing an explosive New York Post report about Hunter Biden's alleged e-mails and his foreign business dealings.

Twitter going as far as suspending the Trump campaign's account and the personal account for White House Press Secretary Kayleigh McEnany.

Twitter's CEO admitting the company screwed up. But that's not going to cut it. President Trump sounding off on this major controversy earlier.

(BEGIN VIDEO CLIP)

DONALD TRUMP, PRESIDENT OF THE UNITED STATES: He and his family are crooked but they were caught, they got caught and now they are being protected by big tech. I'll tell you what, he really is. He is a corrupt politician.

Just remember. And I'm going to say it more and more and Facebook and all can try and shut us down.

But you know what? Everybody knows it. You don't have a kid who gets thrown out of the military, he doesn't have a job for a long time. His father becomes a vice president and now this kid is going into every country, walking away with millions of dollars from every country with no talent, no skills, no expertise and the press doesn't want to cover it because they are corrupt.

(END VIDEO CLIP)

WATTERS: And Republicans are ready to haul the heads of Twitter and Facebook in front of Congress.

(BEGIN VIDEO CLIP)

SEN. TED CRUZ (R-TX): This is election interference and we are 19 days out from an election. It has no precedent in the history of democracy.

SEN. LINDSEY GRAHAM (R-SC): Nobody in Twitter and social media shut down anything about Trump and Russia.

UNIDENTIFIED MALE: And the attempt to rig an election which is what we are seeing here by monopolies is unprecedented in American history. They have a lot to answer for and I will subpoena both Twitter and Facebook.

(END VIDEO CLIP)

WATTERS: All right, Mr. Williams, as a lifelong journalist --

JUAN WILLIAMS, FOX NEWS HOST: Yes.

WATTERS: -- and as someone who values free speech, freedom of the press, you must be upset by the actions taken by these social media companies.

These are colleagues of ours, New York Post reporters in the same building.

It's not right, is it?

WILLIAMS: You know to the contrary, I'm upset that the White House is trying to compel a private business to do its bidding. To say, yes, you are a private business but we want you to give us a platform for this scurrilous unverified information, essentially political, you know, mudslinging and if you don't do it then we're going to say this is true.

(CROSSTALK)

WATTERS: You are actually blaming Trump for the scandal, Juan?

WILLIAMS: Trump is the one who is saying they are someone --

(CROSSTALK)

WATTERS: This has nothing to do with Donald Trump.

WILLIAMS: It does.

WATTERS: The New York Post story --

WILLIAMS: You didn't see him.

WATTERS: -- by our company.

WILLIAMS: Yes.

WATTERS: By reporters who do a good job --

WILLIAMS: Well, let me just say --

WATTERS: -- who got information, published it and then got shut down by monopolies in Silicon Valley.

WILLIAMS: That's not true.

WATTERS: A journalist should care about that.

WILLIAMS: I care. Well, if I -- if you said to me that the administration was in fact saying this is the story and here it is and the press made a decision, then somebody censored a legitimate, but the press made a decision here.

WATTERS: The press or Facebook and Twitter?

WILLIAMS: Facebook and Twitter.

WATTERS: They're not the press.

WILLIAMS: No, no, no.

WATTERS: They're not the press.

WILLIAMS: Wait a second. We -- a moment ago you were asking me as a journalist not as the executive director of Facebook or Twitter. As I said to you earlier, they are private companies. The president and the politicians should not be telling them what to do, that's wrong. But if you are talking about our colleagues in the building.

WATTERS: Yes.

WILLIAMS: If you are talking about the press, then I think, listen, the fact is as confirmed by a Republican Senate committee, Joe Biden did nothing wrong with Burisma. In fact, he was trying to get Burisma --

(CROSSTALK)

WATTERS: Your skill (Inaudible) that?

WILLIAMS: Yes, I think that's been confirmed.

WATTERS: Because yesterday you said that there was no meeting. Because it didn't the calendar.

WILLIAMS: No, I didn't know about it.

WATTERS: And then today, Politico says --

WILLIAMS: Right.

WATTERS: -- the Biden campaign would not rule out the possibility that the former V.P. had some kind of informal or inner action with the Burisma executives.

WILLIAMS: Jesse, excuse me.

WATTERS: Yes.

WILLIAMS: I believe the Trump campaign actually had a meeting with the Russian in Trump tower and then you want to say this is a possibility of a meeting that somehow evidence of wrongdoing?

WATTERS: What I'm saying is his son sold access.

WILLIAMS: No, he didn't. And in fact, the son --

WATTERS: The son sold access and got paid for it.

WILLIAMS: No, no. Hold on.

WATTERS: And then fired the prosecutor investigating --

WILLIAMS: What we know --

WATTERS: -- the company he was getting.

WILLIAMS: Mr. Watters, what we know is that, in fact, in the e-mails, again, these could be falsified e-mails, this could be a Russian disinformation, we don't know because --

WATTERS: Russian disinformation.

WILLIAMS: -- because they won't give us -- they won't give us the actual e- mails. But what we know is, --

(CROSSTALK)

WATTERS: What do you mean they won't give you the e-mails. The FBI has the e-mails, Juan.

WILLIAMS: No, no.

WATTERS: All tight. Let's go, Greg, anything you want to respond to what Juan is saying?

GREG GUTFELD, FOX NEWS HOST: Well, four years ago, it was Access Hollywood, now it's accessed Joe Biden. We'll be right back.

I am ticked off about COVID because we're not having Halloween and I finally found my Halloween costume which is Hunter Biden. Very easy, shirtless, sunglasses, it's just a little crack pipe hanging out of your lip.

I find this funny that we are now calling this like unverified mudslinging as if that matters after the dossier, the Russian collusion scam, the Kavanaugh rape claims. It's interesting, like this guy if he had been helpful, the guy that ran the video store had been helpful to Biden he would be called a whistleblower. Right?

But because this is helpful to Trump, he's a nutcase. Right? This is such a weird story. The fact is the media could have done something about this.

They could have made some phone calls. Right? Instead of the -- instead of the story now exploding and being about the suppression of a story, it could have been about verifying these e-mails. Let's find out if this is true.

I mean, let's face it, they didn't really scrutinize the origins of the tax returns, I don't think Jack at Twitter was worried about that when that story came out but we'll let this happen but it's weird. Biden's camp, their reaction to this is so muted. They haven't demanded a retraction, they haven't said, they haven't tried to disprove this, instead he calls a lid. He retreated under his bed again waiting for his Ovaltine.

What is this telling you? It's telling you that this is probably true and it's really easy if you are a journalist, start making phone calls. Call the guy, call the Ukrainian business guy, there are people that can verify e-mails. Why isn't that the story? Too late. Now you guys look like you're running for cover.

WILLIAMS: You know who could verify? Giuliani, Steve Bannon and they won't give you the actual e-mails.

WATTERS: No. Did you ask them, Juan?

WILLIAMS: I didn't. But I'm saying --

(CROSSTALK)

WATTERS: Maybe they will give them to you, Juan.

WILLIAMS: No, but I'm saying --

WATTERS: Maybe they'll give them to you.

WILLIAMS: Greg raise a legit point.

WATTERS: Juan.

WILLIAMS: Go after the people, go after the sources but I'm just telling you, you can't find the e-mails so you can't see where these e-mails came from.

(CROSSTALK)

WATTERS: OK. So now you actually have to see an e-mail, that's your standard?

WILLIAMS: No, I'm just saying that's what Greg suggested.

WATTERS: A media company has to actually hold the e-mail in their hand in order to verify that it's true? Juan, that high standard you'll never meet it.

Emily, Juan was saying the other day like just a couple minutes ago that these companies can do whatever they want. In fact, they can't do whatever they want. And now the FCC is saying we're going to look at rule 230 that allows them the tax world that they live in to be just publishers, that they can just put it out there and not edit it and not tweak it and now that's jeopardized and so is a lot of money.

EMILY COMPAGNO, FOX NEWS HOST: That's absolutely right. And first of all, yes, they are bound by regulations as well as their own terms and conditions and there are multiple government agencies that are investigating them actually. But I, you know, the goal of diversion however has been totally achieved.

We are talking about big tech and the continued pattern of muting conservative voices rather than those e-mails. But in the notion of against disinformation and misinformation as you've said, I think it's important to remember that four days before this president was inaugurated, then- outgoing Vice President Biden was in Ukraine for the sixth time in seven years. And after Russia invaded Crime Ukraine became a top priority for the Obama administration.

And it was basically outsourced for the vice president to handle. And his then foreign policy and defense policy adviser said it was our top priority, always number one or one of the top three and Biden, quote, "was front and center."

So, the notion or the concept that these e-mails definitely don't raise at least a question of unethical conflict of interest is utterly false. And that's what deserves an investigation

WATTERS: Let's get Dana in here. It did seem to backfire. We talked about this yesterday. The fact that they censored it, I think I saw a report that now six times more people have seen this story just because of the controversy.

DANA PERINO, FOX NEWS HOST: I felt like last night when Jack Dorsey of Twitter put out his statement trying to explain away things and say they didn't have good communications that he was writing Twitter's death sentence. He says we had a communications problem. We have a P.R. problem.

Like, believe me, when an executive, a congressman, your boss, whoever says there's a communications problem, 99 percent of the time you actually have a fact problem. And I'm not saying that these issues are not complex. I think that they are.

Because I was wondering, you know, let's say that something came to the daily briefing and it was about Don Jr. and it was under this fishy kind of, what, this guy and the e-mails, I wouldn't run it. Now but if it did run, if I were Don Jr's. people, what I'd say, that's unfair. That story is not true, don't spread around. But who is going to be the arbiter of truth?

And that gets back to what Mark Zuckerberg told me a year ago, he doesn't think social media companies should be the arbiter of truth. And would have it been better to allow the story out there and for journalists to do what they do which is try to track it down and then the marketplace of ideas on social media, blasted away.

Now on the other side think about what the left has tried to do to social media company since 2016. They believe that the social media companies made Donald Trump's election possible because they didn't do enough to fight back against Russian interference.

So, Silicon Valley is going to have its day in court, and by that it means the court of public opinion and they're in the Senate. I will mention one other thing. I think what Twitter did was preposterous, just so over-the- top, they do not have a clear policy so they did something they went way overboard.

I mean, blocking the Trump campaign's Twitter account?

WATTERS: It's crazy.

PERINO: Blocking the press secretary's Twitter account? This is absurd. I think when Facebook is slightly more defensible. They say well, when you see something like this, we're going to get a third party to check, it's going to take a while to check it. In the meantime, we're going to suppress it.

I ask for an example. Had they done it before? There was an accusation that antifa was starting the wildfires in Oregon, they suppressed that story until they could the fact check. The fact-check comes back, no, that's not true.

That actually seems like, well, that could work. But in a situation like this where you have e-mails that you can't get and a situation where this guy from -- but the story already went around the world 600 times, it's really impossible to see how they could do this to scale and it could happen to any of us.

WATTERS: It could happen to me, you are saying, Dana?

GUTFELD: It already has.

WATTERS: To me?

PERINO: Well, the good thing is you don't tweet.

GUTFELD: Check your e-mail.

WATTERS: That's true.

GUTFELD: I leaked something last night.

WILLIAMS: But Dana, why should they open themselves to be a platform for dirty mudslinging?

WATTERS: They already have.

PERINO: I'm not -- I'm not saying it's not a complex issue.

WATTERS: It's a political story in a campaign, Juan.

PERINO: It is.

GUTFELD: OK. Twitter --

(CROSSTALK)

WATTERS: We've had a lot of dirty mudslinging.

GUTFELD: Twitter has this hypocrisy. Its suppression versus amplification.

PERINO: Yes.

GUTFELD: If they agree with the story like a Kavanaugh stories or Covington stories --

PERINO: Right.

GUTFELD: -- they amplify. They do. They amplify. Nobody cared about the Washington Post story on the Covington kids until somebody actually exposed it but then suppression -- suppression it's only one way, they only suppress the stories that might hurt them.

WILLIAMS: But Greg, we are doing the story, though, New York Times, the Washington Post, the L.A. Times, everybody had the story today and said the story can't be verified. It's really scurrilous.

WATTERS: OK. Juan, we don't take the New York Times saying we can't verify that story, they run anonymous sources all the time. All right?

WILLIAMS: OK.

WATTERS: This is actually hard physical evidence with video and the vice president on tape saying I didn't give him a billion until you fire the prosecutor.

WILLIAMS: My gosh.

WATTERS: Coming up, liberals melting down over NBC hosting a Trump town hall. The reaction coming up.

(COMMERCIAL BREAK)

PERINO: NBC facing some major backlash from just about every angle, staffers at the company, Democrats and even opposing networks are outraged that the news outlet is hosting a town hall with President Trump and that's because it will be competing with a Joe Biden town hall that will happen at the same time. Here's just some of the reaction.

(BEGIN VIDEO CLIP)

DON LEMON, HOST, CNN: Why on earth would NBC agree to do that? You can do equal time at a different time. You don't have to do it at the same time and then -- and then divide the country further by having them choose.

This is an outright embarrassing ratings ploy on behalf of NBC and I am shocked and surprised that they would allow the President of the United States to do their programming and manipulate them into doing this. It is embarrassing.

(END VIDEO CLIP)

PERINO: The president tweeting I will be doing a major fake NBC News town hall forum live tonight from Miami at 8 p.m. They asked me to do it in place of the rigged Steve Scully. He is now suspended from C-SPAN for lying debate. I wonder if they'll treat me as well as sleepy Joe. They should.

Exclamation point.

When it comes to NBC's decision, Greg, it's all fair in love and war.

GUTFELD: For one thing, OK, you got it. CNN gave so much, what you call, earned media to Trump? They elected Trump. They have no say in this thing about morality, whatever. If TV can -- if cable can counter-program, so can candidates. So I thought it was pretty smart and he is the master of counter-programming.

I would say I have a suggestion for him that he should, during his town hall, have a screen with Biden's town hall going and do a little mystery science theater and comment on things, get people to cut some tape that he can immediately respond to. But he's going to be prepared. It's going to be

-- it's going to be a crazy night.

But again, it goes back to the sentiment (Ph). Trump somehow always ends up being right like the Scully thing proves that it was rigged. It was rigged.

When the moderator is going to Scaramucci for advice, the guy that has been a thorn in your side for three years, that would be like right before the debate finding that Scully went to Giuliani to get information on Hunter Biden --

PERINO: Yes, before the debate.

GUTFELD: -- so he could ask Joe Biden. People would be screaming their heads off.

WATTERS: I would have been screaming.

GUTFELD: No, you wouldn't. You've been very happy. Lastly, I do think that like, this kind of lends itself to the problem here with these debates, that they portray liberal moderators as conventional, objective moderators.

They aren't.

WATTERS: Right.

GUTFELD: You need a wrath. You need straight wrath and you have the candidates ask each other the questions. Joe asks Trump.

PERINO: Yes.

GUTFELD: Trump asks to Joe and you have a wrath. Because right now you can't seem to get a moderator who is not liberal. I don't know why, I'm available. She laughed. You laughed again.

PERINO: I'm having a great time. It's a good day.

GUTFELD: There you go.

PERINO: Jesse, tonight was supposed to be the biggest debate.

WATTERS: Well, that's why we're having --

(CROSSTALK)

PERINO: That's just been easier?

WATTERS: -- a conversation about this dueling town halls because the debate commission --

PERINO: Right.

WATTERS: -- really messed up and made it virtual when Trump would have been recovered and clean, would have been able to debate Joe. Fine. So now we have these debates about whose town hall is right and what to watch.

It's going to be a hornet's nest in Miami with the president, they are going to stack the deck. They got caught stacking the deck with so-called independent undecided voters last time, they are going to do it again and that's fine, the president will be able to handle himself. But Steve Scully he lied to everybody, he lied to colleagues here at Fox.

PERINO: Yes.

WATTERS: He had people vouching for him on Twitter, friends of his that have been working in the business for many, many years.

PERINO: And to his company, you know, and he lost his job.

WATTERS: He lied to his boss and his credibility is shot. To be able to say that, yes, I got hacked and to think you could pull that off in 2020?

PERINO: Well, I mean, look, Joy Reid --

(CROSSTALK)

WATTERS: That guy --

PERINO: Joy Reid succeeded.

WATTERS: -- who made that decision was moderating a presidential debate, that should scare you.

PERINO: I mean, Joy Reid succeeded.

GUTFELD: And not suspended.

PERINO: Right.

GUTFELD: She wasn't suspended.

PERINO: No, she got promoted.

GUTFELD: Yes.

PERINO: Emily, there is also such a thing as a recording device called a DVR, which you should always DVR and record The Five. I mean, if people want to watch both town halls, they could record one.

COMPAGNO: Right. It doesn't vanish forever. I think it's interesting that according to the president, NBC called him. According to NBC, Don Lemon and everyone else, this was the president's machination and it's always all his fault.

And I also it's interesting that a lot of people, for example, a prominent actor saying this is an echo chamber of misinformation, but no, I thought it was a town hall. And that goes to your point and your point about how if town halls are how they are for Biden then absolutely it's an echo chamber and a pleasant place to be but that's not how they are supposed to be. They are actually supposed to be thoughtful questions that elicit thoughtful answers.

So, the notion that this is somehow taking away from the American people learning more about candidate President Trump in this arena is just false.

PERINO: How are you going to watch both, Juan?

WILLIAMS: I might flip back and forth if the baseball game just poke.

WATTERS: Juan is watching baseball.

COMPAGNO: I think it's less --

WILLIAMS: But I am a little bit puzzled by what I'm hearing here because as I recall it was President Trump who pulled out of the debate.

WATTERS: Because it was virtual.

WILLIAMS: All right. But it was President Trump who chose not to debate tonight.

WATTERS: Because that favors Biden.

WILLIAMS: No, no. No, it doesn't.

WATTERS: A virtual does.

WILLIAMS: It does not.

WATTERS: Yes, it does.

WILLIAMS: It's a debate. In other words, you would just, you say the town hall format favors Biden? I don't think so. I think in fact they went out there. They went -- they got Gallup to select people based on undecided, there aren't that many undecideds in the country. But that's totally fair.

And the second thing I just find again puzzling that I'm hearing on the set is that somehow Steve Scully is biased because he's talking to Anthony Scaramucci who was hired and worked and as a friend of President Trump until he --

(CROSSTALK)

GUTFELD: You really think that that would be --

WILLIAMS: But the point is, that all of us know, you call anyone in the universe for ideas, Scully was being attacked twice by name by the president, he's talking -- and now the mistake was that Scully lied about it.

GUTFELD: He lied.

WILLIAMS: That I'll say and I think Steve Scully is a terrific guy, I've known him for a long time. I'm just that he put himself in that position, that was his error and now he's apologized. But to suggest that he is somehow biased? You should watch this thing.

PERINO: Well, it might be a good thing that Twitter wrote his death sentence yesterday, good thing for all of us maybe.

GUTFELD: Get off, Twitter.

PERINO: Coming up next, the Biden campaign is warning supporters that the race it's a lot closer than people realize.

(COMMERCIAL BREAK)

WILLIAMS: We are just 19 days away from the big November election day and voter enthusiasm is off the charts. Seventeen million Americans have already cast ballots. Democrats appear to hold the edge in early voting but the Biden campaign is still worried that there's going to be a tight race.

The campaign manager tweeting, and here I'm quoting. "There is still a long way to go in this campaign and we think this race is far closer than folks on this web site thing. Like, a lot closer."

So, Jesse, is this what Dana and I called bedwetting Democrats, is Jennifer O'Malley Dillon sending the right message, avoid complacency?

WATTERS: You guys are going to lose. And you can just look at the numbers in Florida. You haven't hit your numbers. Its Florida registration deadline is over and they are underperforming big time. Also, you say that they are leading an early mail-in voting. Not in Ohio, Wisconsin, and Michigan. It's tied. And actually, Republicans are over performing Democrats in Michigan when it comes to mail-in vote.

That just means that Democrats are just cannibalizing their election day voting. I don't see all of these mail-in votes as a sign of enthusiasm for Democrats. I see it as a sign of fear for going into the polls and potentially catching coronavirus and that's on them. Fauci said it was totally fine.

This week, we are going to look back on this week and see that this is the week that change the dynamic in the campaign. Trump recovered from the virus, went back out and started doing rallies again, Barrett is sailing through, and big tech is interfering and suppressing the vote.

The Republican base is very energized. Gallup says the majority of the American people think Trump is going to win, they say that they are better off than they were four years ago. And he's doing rallies. The last rally he had half of the people weren't even Republicans. They were a combination of independents, Democrats and new voters.

Things are looking very good for the Trump campaign. Trump campaign is very happy about what they are seeing and I think the Democrats should be scared.

WILLIAMS: Wow, I don't know what you're drinking but it's good.

WATTERS: All right. I'll give some after the show.

WILLIAMS: So, Greg -- Greg, Democratic turnout it looks like it's through the roof in this early process. The Wall Street Journal has Biden up by 11.

What do you think?

GUTFELD: Well, I don't know. Whatever happens, I'm going to tell you, I'll be watching Tucker tonight. Because I hear he has a treasure trove of new Hunter Biden e-mails, and I can't wait. I'm not even watching the town halls. Screw that. I'm watching Tucker, 8:00 Fox News.

I want this to be decisive. And I know this sounds very selfish on my part because it's like -- if Biden wins, I want it to be huge, and if Trump wins, I want it to be huge, because I don't want my neighborhood destroyed.

And L.A. -- and the NYPD are already talking about what they're going to have to deal with. And it sounds like it's going to be a hell of a lot worse than what we saw in June. And there's not much they can do about it.

And I just feel that if it's something that -- if the more indecisive or murky the results are, the worst it's going to be for this city and for a lot of cities, because for some reason, it's not the voter. I love voter enthusiasm. I think it's great. It's the instant -- it's the mental anguish and instability that we seem to just say, OK, it's OK to go out on the street because you feel bad and break prop, break things, and break people's heads and, just these public tantrums that we somehow approve of, that's what bothers me. Go out and vote, but leave me the hell alone.

WILLIAMS: All right. So, Emily, everyone, I think, assume that President Obama was going to come out in the final stretch. So, what's the surprise here?

COMPAGNO: I don't think it's a surprise. I think what was probably surprising and more telling, was his silence throughout the whole beginning, and, of course, the notion that he actually told Joe Biden not to run. I will say, though, that the messaging from his campaign, it's to be expected, frankly, right.

I think if voters feel it's going to be a blowout, then they might stay at home. So, it behooves them to encourage voters to get out there and break a certain tie. But I think it's accurate. And most importantly -- so we know that the final state polls out of 2016 were obviously inaccurate, but especially in Wisconsin, Michigan, and Pennsylvania had Clinton ahead, Trump won all three.

And to your point about how Wisconsin and Michigan early voting is actually shows the Republicans ahead, right now, Public Policy shows polls show Biden ahead. Clearly, the Trump voters are being undercounted and given that in those states, especially white over the age of 30, non-college educated voters, those registrations have risen by 10 percent and the Democratic margin have decreased by 10 percent to just six points. All of those are what is telling.

WILLIAMS: Well, let me pick up on that with you, Dana. GOP says they're registering -- it looks like they're registering more new voters likely to vote. But Karl Rove today, our friend in the Wall Street Journal said last time, Trump got an inside straight. This time, he's going to need a royal flush.

PERINO: I know that was a great quote that he had there. And he said that, you know, there's not a lot of time. But I actually was able to ask Karl today about those new registered voters, and I think that Republicans, if you're looking for silver linings outside of some of the polls that you might see, it is the new registered voters. There's like over a million or something out there.

And that -- remember, President Trump won Wisconsin, Michigan, and Pennsylvania by very slim margins. If you add a million voters to the rolls and those key battleground states, then you're going to have a lot more question because a newly registered voter is 99 percent likely to vote that year.

WILLIAMS: All right. Ahead, Democrats continue to criticize Judge Amy Coney Barrett and the Supreme Court confirmation process. We're going to talk about that next right here on THE FIVE.

(COMMERCIAL BREAK)

GUTFELD: Judge Amy Coney Barrett's confirmation to the Supreme Court is just about a done deal. But that's not stopping Democrats from whining about the process.

SEN. PATRICK LEAHY (D-VT): This process is a caricature of illegitimacy.

SEN. DIANNE FEINSTEIN (D-CA): It's going to create a lot of bad will that doesn't need to be created.

SEN. RICHARD BLUMENTHAL (D-CT): I believe that this rush, sham process is a disservice to our committee.

SEN. AMY KLOBUCHAR (D-MN): This is a sham.

SEN. DICK DURBIN (D-IL): I don't know how we get this train back on the track. But this nomination at this moment in time is not usual, not normal, and it's beneath the dignity of this committee.

(END VIDEO CLIP)

GUTFELD: I'll go to you first, Dana. And I hope the massage you had was quite therapeutic.

PERINO: Yes, the commercial break massages are really good.

GUTFELD: Yes.

PERINO: I get that in your contract next time.

GUTFELD: Yes, OK. So, when I see this, I go like, OK, haven't we completely destroyed the liberal embrace of diversity? Remember, whenever it's a woman that is being nominated for everything, it's you go, girl, unless it's not their woman.

PERINO: She'll never be on the cover of Elle Magazine.

GUTFELD: Exactly. So, the whole thing about gender thing just goes out the window. So, isn't the whole gender issue just a big lie to get --

PERINO: Yes.

GUTFELD: Thank you very much. I rest my case.

PERINO: Can I make another point, though?

GUTFELD: Yes, you can.

PERINO: So, I think that one of the things we're looking at is that this confirmation looks like it's going so smoothly, right, especially as compared to Kavanaugh. Remember, when the Kavanagh stuff come up, after this process, like at this point, like over the next few days, or the counter process, that's when something came up.

I have no indication. I don't believe they're going to do anything like that. But just look, don't sleep on it, that might happen. The other thing is that a lot of their outrageousness was already out there. It just became white noise. And I just wanted to point out two examples, for example. So, in the Bork hearings, remember Ted Kennedy speech in which he said that Bork would lead to back-alley abortion, segregated lunch tables, and midnight police raids.

In this case, because I guess maybe people are just desensitized to this stuff, Cory Booker, the senator from New Jersey argued that Justice Barrett

-- that women who have miscarriages could be subject to investigation to ensure they hadn't had an abortion. This is the speech that he gives on the floor. It's egregious. It's inflammatory.

But Richard Blumenthal also says that in vitro fertilization could be criminalized under Judge Barrett, even though she says there's nothing in her record, history, or public statements to suggest that's even remotely possible. So, I think we are well past Bork. And I agree with them -- I don't agree with them that it's a sham. When Dick Durbin says, how do we get this all back on track? I mean, two -- you got to have two to tango here.

GUTFELD: Yes.

PERINO: And that kind of language is not going to help.

GUTFELD: Excellent analogy with the tango. Emily, have you been watching the hearings? And what is your impression of this as a lawyer?

COMPAGNO: I have so many thoughts on this.

GUTFELD: Keep it two or few.

COMPAGNO: So, I will start with how the Washington Post phrase her general pattern of evasiveness right, which is actually just deference and respect for ongoing cases or political issues or a refusal to go down those hypothetical traps that the senators keep trying to lay out before her. We have to intellectually acknowledge that if she would have comment on a hypo, and then was confirmed, and before her a case came with one of those issues, half the country would clam her for a certain result, and she'd have to recuse herself, obviously.

And the notion that you know, that a judge is neutral and objective, that's what is before them is a closed universe. That's how they remain neutral and objective. And that's why all of these senators attempts to find the chimps in our armor and these decisions, why they kept failing. So, they kept -- they refused to parse out merit issues for procedural and ministerial and whether the plaintiff met the burden.

So, when Senator Coons was talking, which I could barely tolerate listening to, and he said that she would be a Justice Barrett would be a judicial activist, and originalist is the opposite, and Senator Klobuchar proved that point when she brought up Justice Thomas's opinion or it was a concurring opinion in the defamation case with Bill Cosby. And it was basically she thought it was restricting freedom of the press or whatever.

But his point was, look, the Constitution doesn't make up a public -- an actual malice standard, so why should we. They are about deconstructing judicial tests and creations not constructing them.

And final quick point t fastest, most nimble way for social change or protecting and safeguarding minority rights is through legislation. So, all of this misguided responsibility these guys keep placing on a judge's shoulders to do it, it's so misplaced. And all of these expert testimonies, crystal good, it will -- lives will depend on it. No, it doesn't. But it's good she was saying it in front of the lawmakers because that's who needs to hear it.

GUTFELD: It's like Perry Mason in a pink dress, Juan.

COMPAGNO: Yes.

WILLIAMS: Our own Perry Mason. Look, I don't think -- the bottom line in my mind, nobody watching this process thinks this has been fair, thorough, and considered for a lifetime appointment to the Supreme Court.

WATTERS: Here's one.

WILLIAMS: Yes, I don't think there's a soul in America. This woman is so evasive. She won't even say that it's -- a legitimate transfer of power is to be respected by the President.

GUTFELD: She's great.

WILLIAMS: And as to Dana's point about it takes two to tango, yes. So, maybe you should have tangoed with Merrick Garland. Maybe you shouldn't have played that game and skewed it so badly that people now say this is just a brutal act of political terror. That's what it's going on. And they've undermined credibility not only in the process, but in the Supreme Court that's damaging parliamentary process.

PERINO: If Hillary Clinton had won that election, everybody would be saying that Mitch McConnell made the biggest mistake of his political career.

WILLIAMS: What's the -- yes, he made -- he made a mistake way back when by undermining a legitimate nominee of a twice-elected president.

PERINO: No, well --

GUTFELD: Jesse. Mitt Romney endorsing her.

WATTERS: That's good. Juan said it was a brutal act of political terror.

WILLIAMS: Yes.

WATTERS: Juan, only I'm allowed to talk like that.

WILLIAMS: I'm sorry, man.

WATTERS: No, listen. After the -- after the Kavanaugh bloodbath, this was a bubble bath.

GUTFELD: Right.

WATTERS: I do give Democrats some credit here. They were pretty professional. It wasn't lots of attacks against religion. They conducted themselves well. But I didn't like being lectured by the guy that lied about being in Vietnam, or the senator that drove around with a Chinese fighter and limo for 20 years. Save it, OK. Save it.

GUTFELD: All right, speaking of saving, up next, Dr. Anthony Fauci out with a major warning about Thanksgiving.

(COMMERCIAL BREAK)

COMPAGNO: Welcome back. Top health officials want you to cancel your Thanksgiving plans. The CDC reportedly warning that small household gatherings could be fueling the spread of COVID-19. And watch what Dr.

Anthony Fauci is saying.

(BEGIN VIDEO CLIP)

DR. ANTHONY FAUCI, DIRECTOR, NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS

DISEASES: You have to bite the bullet and sacrifice that social gathering unless you're pretty certain that the people that you're dealing with are not infected.

(END VIDEO CLIP)

COMPAGNO: All right, Greg, is this devastating for families or awesome?

GUTFELD: I think it's a mixture of both. First, people that have always lived far away. I always was -- it was a big hassle. But it this is a reminder that how much you can give up if you're not thinking about things.

And I mean -- I mean, like volunteering and wearing a mask is an important thing. But there's a lot of things that we're just kind of like giving up and going OK, that's cool. You know, maybe we'll get maybe we'll do Christmas. But then we get around Christmas and then no, you're not going to do that.

You know, my brother in law passed away last Thursday and three older sisters. Nope, there's going to be no funeral. I'm not going to complain about it because there are thousands of people who missed out on funerals of their loved ones. And it's like -- but you just kind of go OK, pick up the urn. That's what you do. It's great. I mean, we have to start thinking about what, as a country, are we willing to give up.

WATTERS: Well, if Fauci comes for Christmas, he's going to have a problem with me. War on Christmas is very serious thing. I will watch that war has already gone after Easter. You know, he now he's going for Thanksgiving.

Juan will be celebrating it with his family, with his grandchildren. My parents will be there.

GUTFELD: In matching sweatpants.

WATTERS: And that'll be one more thing on Black Friday. And -- right, you're not going to keep families apart from each other. I get it but enough. I understand cases arising for two reasons. One, we use it last month 700,000 a month. We just now are over a million a month in testing.

Also, people are going back to work. They're going about their lives.

You're going to games, you're going to schools, you're going to see the cases go up, but the deaths have remained below 1,000 daily deaths since August, and that's a good thing with the vaccine around the corner.

COMPAGNO: Dana, quick question for you. Greg mentioned volunteering. So, I'm worried about the underserved communities that usually can look forward to this, you know, swell of help and assistance on Thanksgiving. So, is this going to be detrimental for those guys?

PERINO: You know, I'm not thinking too far ahead about Thanksgiving because I was hoping that we would have one of those rapid tests available by Thanksgiving that would be affordable that everybody in the family could take in the morning, and everybody could feel very comfortable. I mean, some of them exist, but it's the -- you know, the price point might not be what you would want and the availability.

I would tell you, I am pretty even keeled person. I have a lot of anxiety about the economy, a lot. I'm actually frightened, because Congress is now going to go campaign, the President's team has basically said there's nothing more we can do here on a COVID relief bill. They might try to do one in the lame duck. That means December. But you have people, eight million more people now under the poverty line. You have people that are on food stamps now that through no fault of their own, they lost their jobs, and their pride is hurt. And I don't see anybody doing anything to get businesses back.

And these business owners, his restaurants have tried so hard to do it outside. It's going to get cold, and people aren't going to be outside with the rain. And I actually, I'm scared for the first time in a long time. I'm worried about the economy and I really wish that Congress and the President could get together and get it done.

COMPAGNO: Amen. Juan, what are your thoughts?

WILLIAMS: Well, I just don't think that anybody is taking anything away from any of us. I think, in fact, we have to be concerned, especially if Thanksgiving means you're getting together with elderly parents or grandparents. You don't want to put people at risk unnecessarily.

And what I see is that the numbers in Europe are now rising to the point they're talking about the second wave and numbers are rising in this country in terms of infection, even going to the ballgame, you know, Nick Saban? I mean, you know, you see they're canceling games now.

So, I just -- I think we should not cast it as oh, someone's forcing you to do something rather than someone's looking out for you.

COMPAGNO: All right, "ONE MORE THING" is up next.

(COMMERCIAL BREAK)

WATTERS: It's time now for "ONE MORE THING." I'll go first. Before the last presidential debate kicks off, our friends at Fox Bet Super 6 are doing another presidential debate game.

GUTFELD: Is that a hotel?

WATTERS: Close -- where you can choose what may or may not happen when the two candidates face off. But this time, you guys can actually choose one of the questions that Fox Bet uses in the game. So, here's how to do it. Go to the @FoxSuperSix Twitter handle. Submit your question by 12:00 tonight, Friday -- actually Friday, October 16.

America's question, obviously, will be announced on the Fox Bet Super 6 Twitter handle and will be added into the final $50,000 debate contest, which also launches October 16. So, download the Super 6 app now for free to see if your question becomes America's question. Then before the debate kicks off, enter for a free chance to win 50 grand from our friends at Fox Bet Super 6. Greg is doing it, so you know I have to do it.

GUTFELD: You know it. I like to think that I'm America's question.

WATTERS: You're America's something.

COMPAGNO: All right, you guys, a huge milestone for Troy Aikman who is entering his 20th year as a Fox Sports NFL Analyst, and what a way to celebrate the Pro Football Hall of Famer's on-call for the most anticipated matchup of the weekend. Aaron Rodgers and the Green Bay Packers face off with Tom Brady and the Tampa Bay Buccaneers.

These two future Hall of Fame Q.B.s are meeting for only the third time in their careers. And Aikman says it's going to be one heck of a game. Take a listen.

(BEGIN VIDEO CLIP)

TROY AIKMAN, FOX NEWS NFL ANALYST: This is one of those games, Maria, that you expect it to have some playoff implications. I know the Green Bay will be in the postseason, every expectation that the Tampa Bay will as well.

So, for just be in week six in the NFL, there's a lot on the line.

(END VIDEO CLIP)

COMPAGNO: Tune into America's Game of the Week this Sunday at 4:25 E.T. on Fox. My money is squarely on the Packers, by the way.

(CROSSTALK)

WATTERS: You think so?

COMPAGNO: Yes.

WATTERS: You'll take the -- I'll go to the other side.

COMPAGNO: Great.

WATTERS: Yes, I'll go to the Bucks.

COMPAGNO: It's always anyone but Tom Brady for me.

WATTERS: OK, well, that sounds like a personal thing.

COMPAGNO: No, it's not. It's a Brady thing. Whatever.

WATTERS: Dana?

PERINO: I want to give a big congratulations to a really lovely couple that got married last weekend, Emily Landers and Alex Stergiou. They got married and the most beautiful Orthodox Greek ceremony. It was actually chanted in Greek, Greg.

GUTFELD: Wow.

PERINO: It's all Greek to you.

GUTFELD: Everything is Greek to me.

PERINO: The reception was in a barn on a 100-acre private farm. Congrats to Emily and Alex and to the Landers family, two weddings in a year of Coronavirus. Congratulations.

GUTFELD: We have more about the Landers, please.

WATTERS: Are you guys related?

PERINO: We're not related. But I also want to give a very big shout out to a good friend, a good family friend, Joey Johnson in Thermopolis, Wyoming.

That is, Jesse, Thermopolis.

WATTERS: Thermopolis.

PERINO: I bet you're all watching out there and you're just in my thoughts.

WATTERS: Joey Johnson in Thermopolis. Juan?

WILLIAMS: All right, Jessie, this opening is for you. It's a bird, it's a plane, no, it's a giant vulture. Take a look at this vulture as it guides paragliders through the mountains of southern Spain. As you see, the vulture is leading them on the best airstream for a smooth flight through the mountains.

You should know the bird has been trained to do this. British paraglider instructor Scott Mason calls it para-hawking. The bird is rewarded with meat. Para-hawking now a tourist attraction in Asia, parts of Europe. The whole thing reminds me, Jesse, of a movie Avatar in which the heroes rode birds into Combat. I did this at an amusement park with the grandkids before the virus.

PERINO: Would you do that?

GUTFELD: No, the upside of this is if they crash, the bird eats you.

WILLIAMS: Free meat, free meat.

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