'The Five' on Biden's marijuana pardon, VP Harris called out

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VP Harris called out for hypocrisy following Biden's marijuana pardon

'The Five' panel debates whether it is fair to be critical of Kamala Harris' past as a prosecutor in the wake of President Biden's marijuana pardon.

This is a rush transcript of "The Five" on October 10, 2022. This copy may not be in its final form and may be updated.

JEANINE PIRRO, FOX NEWS HOST: Hello, everyone. I'm Judge Jeanine Pirro, along with Jessica Tarlov, Jesse Watters, Dana Perino, and Greg Gutfeld. It's five o'clock in New York City and this is THE FIVE.

We are 29 days before the midterms and Democrats are in a full-blown panic when it comes to voter's concerns over their top issues, inflation and the economy. And it's definitely not a good sign when a moderate congresswoman thinks water party needs is a complete overhaul and breakaway from Biden's Deeply unpopular presidency.

(BEGIN VIDEO CLIP)

REP. ELISSA SLOTKIN (D-MI): We need a new generation. We need new blood. Period. Across the Democratic Party in the House, the Senate, and the White House. I think that the country has been saying that, but if the sitting president of the United States decides to run, we're going to support him.

(END VIDEO CLIP)

PIRRO: It's no wonder Dems are itching to dump Biden. Some polls have Joe's approval under water by 15 points on average in Senate battleground states. The liberal media is warning that the president is dragging down his party's candidates.

(BEGIN VIDEO CLIP)

TERRY MORAN, CORRESPONDENT, ABC NEWS: I just think the economic headwinds are so tough. And Biden is, he just doesn't have the oomph as a candidate anymore. People don't really want him around and he can't really make his case that I don't think the Democrats are in any better place.

(END VIDEO CLIP)

PIRRO: And the optics of this aren't helping. Top Democrats seem spotted sipping wine and eating more derbs (Ph) at a swanky fundraiser abroad in Paris.

OK. So, you know, it's amazing. Now we're 29 days out, Dana, and you know, we've kind of been back and forth.

DANA PERINO, FOX NEWS CO-HOST: Yes.

PIRRO: It was going to be a red wave and then it was like, whoa, not so fast.

PERINO: Yes.

PIRRO: Then it was like even McConnell was shaky. Now here we are, it seems like this is the last, you know, the last stand and Joe Biden is underwater in 15 of the Democrat battleground states Senate candidates. And you've got people saying, you know, we need new blood.

PERINO: Yes. So, do you remember, I think it was early August when we did stories about all the articles that were already written about Joe Biden's comeback.

PIRRO: Yes.

PERINO: He was the comeback kid, and I was skeptical of it at the time but there is -- there's always a little bit of you that goes, gosh, maybe, maybe they are doing better. Remember gas prices had started to tick down. They -- we had the Kansas result about the abortion issue referendum. Even though that was badly worded, it still seemed like it gave them some momentum.

They had some money behind them. And Republicans had really been beaten up in their primaries in this, you know, and it's taken them a while to crawl back. But what's really helped them is the Democrats, and it's mostly President Biden and people being able to look at this and say, my 401k sucks right now.

And that is something that will matter to them when they think about their overall economic picture. They're paying more for gas, they're bringing more for groceries, and then you have the OPEC decision. And that's going to increase prices even more.

So, I don't see some sort of economic miracle happening for the Biden administration, and the Republicans have been very effective for a long time, saying that the spending proposals that the Biden team were putting forward were going to exacerbate inflation.

And they've stuck to that message. One, because it's true, and also because it was effective and now people are being -- are able to draw those direct lines between one policy to the next. And I don't think that people, if they decide to vote for Republicans, believe that all of a sudden everything is going to turn. But they do think that the excessive spending will hopefully come to a stop.

PIRRO: You know, Jesse, I think a lot of people think instinctively that when it comes to law and order that Republicans are stronger. So, what you see now are the Democrats coming out and saying, you know, I've always been pro police. Whether or not they've got law enforcement agencies, you know, supporting them is another question.

But when Terry Moran says people don't want Joe Biden around. He can't really make his case. I mean, who helps these people on the issue that is so front and center right now?

JESSE WATTERS, FOX NEWS CO-HOST: Nobody. It tries selling a house that someone died in. Can't do it.

GREG GUTFELD, FOX NEWS CO-HOST: Try.

WATTERS: It won't sell it. It spooks the customers. That's what the Democrats are going through right now. These approval ratings are abysmal. Biden is down. He's 18 underwater in Arizona. Minus 20 --

PIRRO: In Georgia.

WATTERS: -- in Georgia, minus 17 in Nevada, minus 24 points in Ohio. It is so bad and it -- he's a political skunk. It's like no matter how many showers the Democrats take, they can't wash the stink off of them.

Trump, Obama, Bush, I remember they used to go out and barnstorm in September and October. They used to go around to these, hold up their hands. All right. Right. Have you seen Joe Biden do that one time?

JESSICA TARLOV, FOX NEWS CONTRIBUTOR: Yes.

WATTERS: Has Joe Biden held an actual rally for a real contender in the -- since Labor Day? No. No. You haven't seen any images like that. I dare you to fact check me. Doctors don't want him out there on there either. They -- he can't be flying all over the country right now. He can't do two consecutive days of travel. The only person that wants him to campaign for Stacey Abrams.

PIRRO: Yes.

WATTERS: And Biden is not even going to campaign for her because he doesn't want to be associated with a loser.

PIRRO: All right.

WATTERS: Because even he knows she's going down.

PIRRO: By the way, do you -- did you notice that Stacey Abrams said today she never really denied that she didn't win.

WATTERS: It's so bad. And now the Democrats are like, OK, well, they keep getting asked the same question. Do you want Joe Biden to campaign for you? He's a great guy. Yes. Fresh blood. Here's what fresh blood was about. If Joe Biden's political approval ratings at 53 percent, no one is talking about fresh blood. They're giving Joe a transfusion. They love Joe.

And these other Democrats that are kind of young looking. They just want fresh blood because they want more seniority. They want bigger, you know, positions in the house and the Senate. That's what thought's all about.

PIRRO: All right. Jessica, I think you were chomping at the bit.

TARLOV: Well, firstly, I think Jesse said the skunk thing because of my dress, which I've taken personally, but that just like got into it.

So, Joe Biden was out with John Fetterman, who was in one of the closest races.

WATTERS: It was a Labor Day event.

TARLOV: You said those.

WATTERS: There was no rally.

TARLOV: Anyway.

WATTERS: He has no rally.

TARLOV: I want that one.

WATTERS: Did he hold up his hand like this and say, hey, Fetterman?

TARLOV: I think so.

WATTERS: I didn't see it.

TARLOV: Actually.

WATTERS: Hey, that was Labor Day. What's that? A month ago?

TARLOV: OK. So, I think that what Congresswoman Slotkin was talking about more than Joe Biden is the leadership and what's going on with Nancy Pelosi. Because in 2018 there was this big almost insurrection led by Seth Moulton and Tim Ryan, where they didn't want her to have the speakership again, and Marcia Fudge was going to run against her, and they brokered this deal where she essentially term limited herself.

And whip Clyburn didn't sign onto it and Steny Hoyer didn't. But Nancy Pelosi said, quote, "that she was a bridge to the next generation of leadership." And I understand the frustration, not only because of what's going on with the numbers here, but there are a lot of really good people that have won these highly competitive swing districts have these incredible backgrounds.

Like in 2018, we had what was referred to as the camo wave where all of these people who had served like Abigail Spanberger and Elise Slotkin got, into office and they're looking at this saying, when is it going to be our time?

In terms of Biden's approval rating, though, if you go back and you look at history in 2010 and 2014, Obama was underwater and Democrats did pick up Senate seats. They picked up, I think eight in total. Three in 2010. And then, five in 2014. The numbers were not as big as, you know --

PIRRO: Yes.

TARLOV: -- 17 points, et cetera.

PIRRO: Twenty points, yes.

TARLOV: But it doesn't mean that Democrats are doomed because Joe Biden.

(CROSSTALK)

WATTERS: Well, because Obama had a base. Trump had a base. He has no base. Joe Biden. He goes out and goes a rally, no one is showing up.

TARLOV: I don't know how you can say that. First of all, Bernie Sanders had the biggest rallies in the world. And bigger than Trump in a lot of cases. And he didn't win the nomination. Crowd size does not equal winning.

(CROSSTALK)

WATTERS: If Joe Biden goes to any of these swing states and does a rally, no one is showing up, Jessica.

PIRRO: You know --

WATTERS: You know that.

PIRRO: -- if we had more time Dana and I would talk about Bernie Sanders. But you know what, Greg, I really love when Adam Schiff and his buddy, Patrick Maloney, Sean Patrick Maloney go to Paris and they go to Geneva, Switzerland, and they have these fundraisers allegedly to, to raise money from Americans overseas. What's that about? Overseas?

GUTFELD: I have no idea. I find it disgusting and, in two words, Joe is in a lot of trouble. The person in power is always going to be on the defense, right? Because they own, they have a record. They own the present. But in under two years. I mean, this is pretty much unbelievable.

You have soaring crime rates like you've never seen. You could say, back in the 90s. People, this is different.

PIRRO: This is worse.

GUTFELD: There's no bottom to this.

PIRRO: Yes.

GUTFELD: We have soaring prices in inflation and in Joe's words, we are approaching Armageddon. Right? This is not comforting. I would think even the harshest critics of Biden would not have predicted this. And the key difference is what we're talking about are actual deeds and not tweets or personality flaws, which is all what -- all we were talking about when Trump was around.

And this is the ultimate and selfishness that I'm seeing, is that you see prominent voices in politics and the media will admit that Biden is objectively a terrible president, but they will still take him over Trump because they're no longer stressed out. Right?

So, they'd rather have everybody in America is suffering with crime and inflation, just so they get like a maybe 20 minutes more of sleep because that's their suffering. And the only way that they can be inured to that is if they're far away from what, what the American public and they usually are. The media is far away. They're elitist.

PERINO: Yes.

GUTFELD: But I want to just go back to the point about blood. Slotkin said new blood. Maybe she meant it literally like, you know, an actual transfusion of pure plasma virgin blood might help him, but it does matter. Because Robert Wright, the writer once said that the number of times you say screw it increases exponentially every decade.

So, you have a guy into his ninth decade. Every day is a screw it day. That's why he lacks the investment that everybody else does. So, when you talk about inflation, it's like, when you talk about crime, I've seen it all. He, as he gets older, he cares less because there's less investment. He's not going to be around longer. He's seen it all. That's the scary part. That's why you got to move the old people out of the way slowly. You don't want to hurt him.

PIRRO: And what age is that?

GUTFELD: Stop it, judge.

PIRRO: All right. Coming up, too close for comfort. Two people shot outside Republican LEMON: Lee Zeldin's home while his daughters were inside. Brand new reaction, next.

(COMMERCIAL BREAK)

WATTERS: Imagine dragons.

PIRRO: Yes.

WATTERS: Really scary situation for Republican Congressman Lee Zeldin who's trying to put an end in New York City's crime insanity. Two people were shot outside his house while his two daughters were inside. One of the bullets actually hitting his fence and the victims were found under his porch.

(BEGIN VIDEO CLIP)

REP. LEE ZELDIN (R-NY): They were just sitting there at the -- at the kitchen table doing homework and bullets are started going off all around them. And we don't live in, you know, some huge house with, you know, this isn't a gated community. This was something that happened really just feet from where they were sitting.

WATTERS: Zeldin is running for governor to try to reverse New York's insane criminal justice policies like no cash bail. And Zeldin blasting the media for claiming he was politicizing the attack.

(BEGIN VIDEO CLIP)

ZELDIN: I was standing outside of my home answering their questions because they asked me to come outside to speak to them. So, I said, OK, you all are asking for me to come out to address what happened. Happy to do it. Rather than doing a whole bunch of one-on-one interviews while we're spending this time with our daughters.

We'll come out and just answer everyone's questions at the same time. The first question is then coming after me for standing in front of the crime scene tape, speaking to you.

(END VIDEO CLIP)

WATTERS: He should have just stayed inside, Judge, right?

PIRRO: Yes. But it just shows you how out of touch the press is.

WATTERS: Yes.

PIRRO: I mean, you know, one of the things about Congressman Zeldin is that he is the real deal. He's been a prosecutor. He's been a paratrooper. He's a veteran. He's a lawyer. I mean, he understands all of the issues. And he said that one of the first things he's going to do is get rid of the D.A. Alvin Bragg and exercise his constitutional rights under the New York State Constitution to remove D.A.s who are not prosecuting crime. And for that, I give him kudos.

That whole thing about, gee, why are you politicizing this? This shooting, that's a bunch of nonsense. His girls who are in the house. His two 16- year-old daughters and they're studying. He and his wife, I believe, are at a Columbus State parade. And two kids get shot who are, by the way, known to the police department and they're only 17.

So, we're talking juvies at this point. You know, it's a dangerous place. So, we've got crimes in front of your home on the interstate in Chicago, in the -- on the subway. And then we got an ex-governor saying, I've never felt less safe in my life. That's David Patterson.

And you know what? Patterson lived through the 80s and the 90s. This is random unprovoked assaults. I seem to remember that in the 80s and the 90s, it was like the people who were fighting, it was about money, it was about drugs. Now you've got all these young kids with guns. They don't take firing lessons. They don't go to the range to fire their guns. So everybody is a sitting duck.

WATTERS: Didn't -- didn't someone jump on stage and try to stick Lee Zeldin with something --

PIRRO: Yes.

WATTERS: -- earlier in the year too?

TARLOV: Are you trying to make me say cat key chain?

WATTERS: No. What?

TARLOV: So, Greg can make fun of me for another week solid. Yes. I think you were out during that. They did. And this has been the top issue for Lee Zeldin in this campaign, and Kathy Hochul hasn't had good responses for it. She hasn't turned around and said, I will also get rid of all of these people. I will reform these policies as best that I can.

And it's obviously damaging her that two recent polls, one a lot closer, the Trafalgar poll a couple of points, and then Sienna at 17 points. But with how blue New York has drifted, you'd expect more obviously at this point.

I do think though, in terms of Lee Zeldin being able to actually win this race, that it does hurt him that Donald Trump ended up endorsing him and did a fundraiser with him in September. So, they raised a lot of money, which is important. I think it was like $1.2 million. But if you're trying to get moderates and Democrats to swing over, especially on this law-and- order issue, the Trump brand is just anathema to us.

And I think that that does end up hurting him because the ads that tie him to Trump, then people just see, Lee Zeldin is a Trump candidate, instead of Lee Zeldin is running on X, Y, and Z issues.

WATTERS: Yes, that's very political. We're talking about people living their lives.

TARLOV: It is politics. I'm --

WATTERS: People are dying and that's really what's more important. And the person who is governor now, Hochul, however you say her name, she wasn't even elected. Someone got me toed. So, she got the job and now she won't even debate Lee Zeldin.

PIRRO: Yes.

PERINO: Right. And I -- so I find it amazing that Democrats are attacking Republicans. We're talking about crime. They should be talking about crime. And they had plenty of warning to talk about crime. One, you should talk about crime because it is an issue, not just in the cities. I would -- midsize cities all across the country as well are having huge problems.

There's a homeless -- homeless problem, mental health problems, and crime is going up. And there are prosecutors like Alvin Bragg here in New York that are all across the board, all across the country. So, it is now the number three issue overall and polls for the election. It could get even higher.

But if the guy in power is Biden and he won't talk about the main issue, which is crime, and he won't talk about the border, and he tells you that prices are actually not that bad and that inflation is, you know, temporary is not big deal for you. I can -- I don't see how Republicans don't close very well going into the end here.

WATTERS: Has the governor of New York, Kathy Hochul even said to her opponent, hey, like, I'm glad your daughters are OK.

PERINO: Yes, she did. She released a statement.

WATTERS: OK, good, good.

GUTFELD: I heard that she was seen driving away, saying you missed, you missed. No, I just want to point out that I will have, Mr. Zeldin on my show tonight with the shooters. And we're going to have a confrontation. No, but he is going to be --

WATTERS: We're going to talk it out.

GUTFELD: Yes, we're going to talk it out.

PIRRO: Yes.

GUTFELD: Because that's how you do it. I'm bringing a therapist on. We're going to have a brochure. He gets to ask him why they were shooting, and then he gets to say, that was wrong. Because that's what -- that's what -- that's what was the -- who had the brochure?

PIRRO: Yes.

GUTFELD: Who had the brochure? I can't remember the name of the person. Anyway, Biden can't talk about anything because everything is bad. So, if you bring up an issue, we just named all of them. He can't talk about it. And then the thing when it comes to crime, it's like the tree falling in the woods. If it's a Republican, you don't hear it right?

Could you imagine, it still doesn't matter because it happened to him. He's a Republican, he's not a Democrat. You did bring up, you know, his affiliation or whatever to Trump. That and, and you jokingly said that's political, but you are right.

We've been talking about how do we get beyond this political chasm that keeps interfering with us. Because like a crime isn't a political thing. It's a human thing. So, it's like you have to be able to say, OK, there's no question Lee Zeldin is a better candidate than Kathy Hochul. And even though I hate Donald Trump --

PERINO: Right.

GUTFELD: -- and that he did a fundraiser with them, maybe I should put that aside because I don't want my kids to be mugged. I don't want my parents to be shot. So, we're too busy. We've been brainwashed to think that law and order is nothing, but it has to be seen through the lens of social justice. So that means the way people look at criminals is now different.

We don't look at them like criminals anymore, and that's why there's no floor to this crime. It just keeps getting worse because we've lost the ability to say that's a criminal. We need to punish them harshly. We don't anymore because it's no, no, no. He's a victim too. He's a victim too. That's destroying this country.

WATTERS: There is no bottom. You're right.

GUTFELD: There is no bottom.

PERINO: I think that people will make that -- are going to make that decision. If you are truly undecided at this point and you plan to vote, I think you fall that way because --

PIRRO: Well, it depends.

PERINO: -- you make the decision on crime.

PIRRO: It depends --

GUTFELD: Yes.

PIRRO: -- on their hate and if their hate interferes with an objective assessment of whether or not they and their family will be safe, then they get what they pay for.

TARLOV: Or they also care about other issues. I mean --

GUTFELD: It's really other issues than crime -- than safety, public safety. People believe --

TARLOV: Yes.

GUTFELD: -- that their safety is a right. You can't take them away from that.

PIRRO: It is the first order of government.

WATTERS: Yes.

GUTFELD: Yes.

WATTERS: All right. You lost that argument.

(CROSSTALK)

TARLOV: He agree with me the whole time.

WATTERS: Up next, parents (Inaudible). The Biden administration doubling down on racial equity over academics.

(COMMERCIAL BREAK)

PERINO: So, the Biden administration getting called out for ignoring what parents want while pushing their equity agenda in classrooms. Republican Glenn Young Youngkn defending the parents' rights policy that he instituted in Virginia.

(BEGIN VIDEO CLIP)

GOV. GLENN YOUNGKIN (R-VA): Parents have a fundamental right to be engaged in their children's lives. And by the way, children have a right to have parents engaged in their life, and we needed to fix a wrong. Children don't belong to the state, they belong to families.

And so, in these most important decisions, step one has to be to engage parents, not to the exclusion of a trusted teacher or an advisor, but to make sure that parents are involved in their children's lives. This is not contr.

(END VIDEO CLIP)

PERINO: Meanwhile, Biden's education secretary coming under fire by parent group -- parent groups, excuse me, and advocates who say the Department of Education is handing out millions of dollars to focus on wellness and equity instead of actual, you know, academics.

It's because Secretary Cardona wants to, quote, "reimagine our schools through a more equitable lens and raise the bar for how we serve students who too often get left behind."

Greg, I don't know. Nobody is against helping students who get left behind.

GUTFELD: I am.

PERINO: But I don't know --

GUTFELD: I am.

PERINO: -- if the equitable lens is the reason.

GUTFELD: It's no surprise there's the client in literacy is that it's coinciding with this equity crusade. Because equity is not about giving everybody a leg up. It's about making from above, as Kamala said, everyone ends up in the same place, right? That's what she says.

Get every -- so if Jack can't read, it's better if we just make sure Jill doesn't read much better than he does. And that's not -- that's equity. That's the opposite of opportunity. So, you see this everywhere.

Getting rid of grading scales in some schools, honors classes, A.P. courses, extra credit. Some people aren't looking at SATs anymore. It's because they've -- those things reveal an inequality in outcomes, right, which is the essence of freedom. If you let people -- if people are free enough to exercise their individual differences, there is going to be different outcomes, right? So, anytime you try to flatten that thing down, which is equity, that's an attack on freedom and it's not -- it's, it's inhuman. So, I think that's what you're going to see is people get worse and worse scores, because that's the only way you can keep people equal.

DANA PERINO, FOX NEWS CHANNEL ANCHOR: And remember when Glenn Youngkin was running, one of his biggest applause lines at events was he said that I will make sure that advanced math is offered in every school, and there was huge applause.

Jessica, education doesn't always show up in the polls as a top issue, especially when crime and inflation are at the top -- are top of mind. But from your research, your knowledge, do you think that Democrats are vulnerable on this issue of education?

JESSICA TARLOV, FOX NEWS CHANNEL CONTRIBUTOR: We're down to just a six- point advantage, and we're usually well into the double digits. So, there obviously has been some movement there. I think Glenn Youngkin obviously has created a pretty good playbook for Republicans on how to talk about this.

And I've mentioned on the show before that even though for some people CRT or woke policies was the issue, he was talking about the brass tacks of getting kids in school maskless to be able to work with teachers and to learn. He wasn't talking about all the other peripheral stuff that would then persuade a moderate or maybe conservative Democrat to come out and support a Republican.

I think the implications of Terry McAuliffe his comment during that race, where he said that the kids don't belong -- right, that kids are part of the system is going to ripple potentially for decades, right? This is so fundamental to how parents feel about their kids' education no matter who you vote for. And I think that Democrats should be running aggressively on it to talk about how they're going to improve public education, because Republicans consistently fall back on we want to give you options, take your $7,000 and go to a charter school.

But people believe in the public education system. They want their public schools to be better.

PERINO: To also be good.

TARLOV: Right.

PERINO: Judge, what do you think of that?

PIRRO: You know, I don't know. I think that it's not just what Terry McAuliffe said, it was really an insight into what the teachers unions are thinking. You know, there's something called in loco parentis. That means obviously, when the parent is not around, and teacher can be there and educate the children. But that is in no way superior to or even equal to a parent.

And so, the concept that we have that literally fight for our parental rights policy is absurd. And it's part of this whole movement that we're experiencing with wokeness, and social justice, and with the pandemic. You know, the kids are learning, crime is going up, we don't have as much money, everything's going to hell in a handbasket. And we've got to pull back at some point and whether or not it's going to a charter school, or a religious school or taking your money, the money follow the child.

You know, the schools don't own the kids, they think they do because they get money from the government. The more kids they have, the more money they get. Let's not kid each other. Let's also not kid each other that the billions that they got, they haven't spent yet. They shouldn't have to give that money back. Where is it? What did you do with it? And you know, we want to back if you didn't need it, and the schools are open.

PERINO: Do you think Republicans are pressing there -- at least -- maybe it's not a complete advantage yet, but they're certainly gaining momentum on this issue?

WATTERS: Youngkin is, DeSantis is. I like those two guys. I also like Kari Lake. She's really warming up to me, or I am warming up to her.

PERINO: I think yes.

GUTFELD: She doesn't -- she doesn't know you exist.

WATTERS: It could be both.

TARLOV: She definitely knows.

WATTERS: The schools have lost their mission. Let's just say Jesse Jr. tries out for the football team. And instead of doing tackling drills and seven-on-sevens, the coach separates the Black players from the White players. And then he makes all the linemen who can't catch play wide receiver and spends the rest of the practice moaning about how the girls aren't on the football team.

Do you think that team is going to win any games? Do you think that team is going to have fun? Do you think any of those players are going to get recruited to play division one football? No. That's what they've done. They've lost the mission. And people like Youngkin are pressing the advantage because they're saying the parents are the customers, and there is an old saying that the customer is always right.

And he was crafted the way he said it. He said, just listen to the parents. He doesn't want the parents to be annoying and start screwing around in the classrooms and annoying the teachers. He just says address their concerns. But the teachers are saying you know what, you can't afford to send your kid to private school. We got you by the you know what. We own your child and that's that.

And have you seen how much money your property taxes are? So, we're paying so much money in property taxes for schools where the test scores go down, and then has to change.

PERINO: Agreed. All right up next, Kamala Harris accused of some serious hypocrisy over President Biden's latest move on marijuana.

(COMMERCIAL BREAK)

TARLOV: Kamala Harris' past as a prosecutor coming back to bite her after President Biden's decision to grant mass federal marijuana pardons. The Vice President and accused of blatant hypocrisy after saying this.

(BEGIN VIDEO CLIP)

KAMALA HARRIS, VICE PRESIDENT OF THE UNITED STATES: And speaking of the system of justice, we are also changing -- y'all might have heard that this week -- the federal government's approach to marijuana because the bottom line there is nobody should have to go to jail for smoking weed.

(END VIDEO CLIP)

TARLOV: As critics point out, Vice President Harris locked up nearly 2000 people for marijuana-related offenses while she was California's Attorney General. OK, Dana, I want to come to you first on this. So, we have --

GUTFELD: Pothead.

PERINO: Me?

GUTFELD: No, I'm sorry.

TARLOV: That's why I'm going to you last on this. So, 19 --

GUTFELD: She's wearing a green dress.

PERINO: Yes, it's a sign, signal to my dealer.

WATTERS: To my dealer.

TARLOV: So, 19 states and Washington DC have legalized it, 31 states have decriminalized it.

PERINO: Yes, it's everywhere.

TARLOV: Is this an issue anymore?

PERINO: Well, it is an issue that -- well, one -- well, it's such an issue that John Fetterman, the lieutenant governor who's the Senate candidate up in Pennsylvania, when he heard that Joe Biden, the President of the United States was coming to Pennsylvania, he said, you know what, the most important issue for my people here is for me to ask Biden to make this move that doesn't matter.

It doesn't matter -- it wasn't about inflation, it wasn't about crime, it was about doing this. Like, I don't think there's a lot of people locked up for possession of pot, but I do think there are -- there are discrepancies, right? The states have passed it, the federal government hasn't, President Biden hasn't been willing to go all the way to decriminalize there. And there are issues regarding if you have a secret clearance, for example, if you're working on big important CIA new jets and equipment, things like that, should you be able to have smoked marijuana.

I think that what happened last week is that if John Fetterman was 10 points ahead, Joe Biden would not have made that announcement. And also, it happened to be a nice change of subject from the OPEC face plant that they had last week. And these are two very flawed messenger you're talking about marijuana and an -- from an 80-year-old and somebody who used to put them in jail.

I do think though however, I feel very strongly that anyone can smoke pot whatever you want to do. But if you throw that joint down and my dog --

PIRRO: The dog.

PERINO: It happened again last night.

WATTERS: Again?

PIRRO: What's with him and that stuff.

PERINO: I saw some people on the beach smoking pot later on.

TARLOV: It's everywhere.

PERINO: And there he was going like this.

GUTFELD: Where was this?

PERINO: In Bay Head, New Jersey.

WATTERS: Person of interest.

GUTFELD: Was it outside the house, Dana?

PERINO: Down aways.

GUTFELD: OK.

PERINO: Down aways.

GUTFELD: OK, I just wanted to check.

PERINO: But I think that anyone who throws that down should get the death penalty. I had it.

GUTFELD: I mean, Percy keeps finding it. I think it's his issue.

PERINO: He's a pothead. He's a pothead. It's a problem.

PIRRO: Yes, Percy is addicted. He's addicted, Dana.

PERINO: But I truly think that if you're a pot smoker, just put it -- put it away responsibly.

GUTFELD: If he start talking about the Grateful Dead, he's lost.

TARLOV: OK, Jesse, these pardons affected 6500 people. That's a lot of people.

WATTERS: Is it? It doesn't seem like it when the country has 350 million. Should I be fair to Kamala?

TARLOV: I'm sorry?

GUTFELD: Good math.

WATTERS: Should I be fair to Kamala? Should I be fair to Kamala?

PERINO: Yes, try.

WATTERS: Because I want to be fair. I will here. So, if she's the Attorney General -- and you should back me up on this -- doesn't she's swear a duty to uphold the Constitution and the Criminal Code. She has to enforce it. And if that's on the books there, and she has to prosecute it, she has to prosecute it, right?

Now, she did say -- and I don't like stereotyping -- she did say of course she's for legalization because half of her family is from Jamaica. That upset me because you know how I don't like to point and paint was such a broad brush, but that was her comment. I just wanted people to know that at home.

I don't think people care about hypocritical politicians like they used to at the left who votes with the Democrats, the right base votes with the right. They've had carpetbaggers, people MeeToed, people building walls around their homes when they're against the wall at the border. People don't care anymore. It's all about power at this point.

TARLOV: Agreed. Also --

PIRRO: There was -- there was such a thing as prosecutorial discretion.

WATTERS: Yes?

PIRRO: So, she had the right, if she didn't want to, to not prosecute those crimes.

WATTERS: Anybody?

PIRRO: Yes.

WATTERS: Not a thing.

PIRRO: Yes.

WATTERS: Really?

PIRRO: Yes.

WATTERS: All right, so then she's a hypocrite.

PIRRO: And I'm going to take -- so, I'm going to take her side. I know it pains me to do this but in 2010, she actually was among a handful of lawmakers who wanted to legalize recreational pot. That was 12 years ago. And in 2015, she wanted to end the federal ban on medical marijuana. And in 2018 and 19th, she wrote a book -- who heard of it -- but it was called which was -- she called for the legalization of weed.

Look, I'm not a fan of hers. Here's the bottom line. My friend Bill Fitzpatrick in 2019 is a DEA in Onondaga County. He said it was a simple matter of justice he tosspot convictions. But folks, we're not talking about a kid smoking a joint. Most of these convictions are accompanied by a significant amount that indicates that you are trafficking in this, OK. And whenever you're trafficking in a drug, you've got a gang member with you and you've got a weapon on you. So, let's not be so namby-pamby and running down the, you know, primrose path on this. It can be a nothing big deal, but it can also be very serious. But I want to thank my friend Bill Fitzpatrick for beating the president.

WATTERS: Yes, Onondaga County.

PIRRO: DA, yes.

TARLOV: Greg, final thoughts.

GUTFELD: I don't know. I don't see -- I kind of with the judge on this. I don't see -- there's a lot of problems with her. She almost take -- whatever position she takes, it's always the weak one, whether -- no matter what side it's on, whether it's the pro-drug one or the anti-drug one. She's kind of like -- she doesn't do the right -- like, all the centuries for social justice. And what did she do? She wants to bail out after riots. That's a terrible -- that thing like, we'll never understand.

She was able to be vice president bailing out violent thugs. I just -- so, I think that this -- people are allowed to change their minds. And you know, the world has changed and a lot of people were unfairly treated, and that no matter how large or small that number is, it's still a number of people, Jesse. It's -- they're still human being.

WATTERS: Did you know that her family is from Jamaica?

GUTFELD: Yes, I did.

WATTERS: How ironic is that?

GUTFELD: Why is it ironic?

PIRRO: My gosh.

GUTFELD: Do you know what the word ironic means?

WATTERS: She said it was ironic. That was her line.

GUTFELD: She'd spent most of her time in Canada. How ironic is that?

WATTERS: Wait, was she born in Canada?

PIRRO: How do you know that?

TARLOV: Stop it. No.

GUTFELD: No, she wasn't but she might have been.

TARLOV: No more birtherism.

GUTFELD: I want to see her birth certificate.

WATTERS: Jesse Watters investigation tonight.

TARLOV: "THE FASTEST" is up next.

PIRRO: I was going to ask where has she been?

(COMMERCIAL BREAK)

GUTFELD: Yes, that discussion?

PIRRO: Yes.

GUTFELD: Welcome back. Time for "THE FASTEST." First up, six in 10 Americans, that 60 percent, Jessica, credit a celebrity for helping them get through tough times. Oprah and The Rock, seen here -- Oprah is on the left, Rock is on the right -- made the list of stars who have inspired people to push past limitations such as fear, and self-doubt. So, I just want to ask anybody here got inspired -- like I was deeply inspired by Kanye West, up to a point.

TARLOV: Up to (INAUDIBLE).

PERINO: That point.

WATTERS: Up until yesterday.

GUTFELD: Yes, he was about -- he was about three for three, and then it's like -- it was like being at the roulette table, and then I go, I better get out of here. Dana?

PERINO: So, I remember hearing some advice on The Oprah Winfrey Show that was helpful to me around like college time. Yes. And I also think, well -- I know it's happened to you because I've been with you. And we've been -- when we used to do some book events together, and people would say that they made a difference. I mean, like, we are huge celebrities. So, I'm going to put that up on the list.

GUTFELD: That's true. We are huge -- I think I'd say I've helped so many people --

PERINO: Like, millions.

GUTFELD: Millions, Jesse, that I've lost counts.

WATTERS: I have --

GUTFELD: Most of them are hurt by you.

WATTERS: People have come up to me and they say, Jesse, you saved my life. But Tony Robbins, my good friend, Tony Robbins --

GUTFELD: Oh, you're close?

WATTERS: Was very inspirational.

GUTFELD: Yes.

WATTERS: When I read his book -- a couple of his books, and I recommend that everybody go out and buy them. They're very, very inspirational.

GUTFELD: Really?

WATTERS: Why are you looking at me like that? I'm legitimately giving Tony a compliment. My good friend, Tony.

GUTFELD: Yes, all right. Hey, fair enough, man. Fair enough.

WATTERS: He's not your friend, is he?

GUTFELD: No, he's not.

WATTERS: No, he's not.

GUTFELD: We don't get along at all. We don't even speak.

WATTERS: That doesn't surprise me.

GUTFELD: Why am I talking to you? Judge, what -- who inspires you? I guess this is through a tough time. I guess we're talking COVID. I guess that was what this thing is about.

PIRRO: You know, I'm going to make it what I think. The people inspired me are -- and you'll think it's corny. Man, I don't care at this point. When I dealt with victims, child victims, who inspired me. I learned so much from people who weren't celebrities. From mothers of children who have been -- who had been harmed beyond words, who were able to, you know, go forward and survive and teach their children to survive. I learned so much from them.

GUTFELD: Well, that ruins your answer, Jessica. Say something incredibly light.

WATTERS: Follow that.

GUTFELD: Yes.

TARLOV: Oprah herself. That's a really good one. I was going to say --

GUTFELD: Say Dr. Oz.

TARLOV: I was going to say actually my childhood pediatrician.

GUTFELD: Oh, that's not a celebrity.

TARLOV: Yes, she was -- she was incredible. And it's a downer story but she's managed --

PIRRO: Another one.

TARLOV: No, it's -- but it's amazing that -- so, this little girl who went to school with me, a few years behind me, her mother got into a car accident outside of the country, got a bad blood transfusion and ended up with AIDS but no one knew. And she diagnosed the whole family by looking at the child's hands. She was the most incredible doctor.

PIRRO: She knew.

WATTERS: You could tell if someone has aids by looking at their hands?

TARLOV: She was just HIV positive, the little girl, but she noticed the yellow --

GUTFELD: Don't start looking at people's hands, Jesse.

PIRRO: Jesse.

TARLOV: No, it's -- she was incredible -- she was a gifted pediatrician.

PIRRO: I believe in that. I believe that, absolutely.

GUTFELD: I'm supposed to be Celebrity Cisco. I loved your story. That was really touching.

TARLOV: The judge ruin that with hers.

PIRRO: Oh, but that story was a good story. I'm sorry.

GUTFELD: All right.

PIRRO: "ONE MORE THING" is up next. We weren't leaving.

(COMMERCIAL BREAK)

PIRRO: It's time now for "ONE MORE THING." Greg, go.

GUTFELD: Oh, we got a great show tonight. I got Charlie Hurt. I got Lydia Moynihan. I got Rep. Lee Zeldin. Yes. Kat Timpf. This is going to be fun. And let's play this. We haven't done this a while. Greg's What The Heck Is That? All right, play the tape of this. Let's figure out. Do anybody know what this animal is? The pups are 12 weeks old. They're born to the mama Shala and father Isalo. They came as triplets at the Chester Zoo. Do you know what they are?

PIRRO: No.

GUTFELD: Nobody?

PERINO: I have no idea.

WATTERS: No one knows.

TARLOV: Some kind of --

GUTFELD: I will call -- I will tell you because we're out of time. It's a relative of the Mongoose called the fossa. It's like a small brown cougar but it's not a cat. It's carnivorous even.

PIRRO: Where do they live?

GUTFELD: They live -- they're generally, you know, solitary animals. Not that you ask me. I don't know where they live.

TARLOV: They live in the zoo.

PIRRO: They're very cute.

GUTFELD: They live in the zoo. There you go.

PIRRO: OK, Jesse --

GUTFELD: Madagascar.

PIRRO: Jesse you're next.

WATTERS: Thank You. Uncanceling Columbus is now live on Fox nation. Everybody, go there to check that out. Join actor Joe Piscopo on a daring voyage to rediscover the beauty and significance of the brave explorer. And he's going to be now uncancelled. So, go watch that. Here's a little clip.

(BEGIN VIDEO CLIP)

JOE PISCOPO, AMERICAN ACTOR: Columbus stood tall. His presence showed our communities that was sacrifice and a vision we could obtain the blessings of the New World.

(END VIDEO CLIP)

WATTERS: We sent Johnny to the Columbus Day parade. And we're going to have a little bit of him on "JESSE WATTERS PRIMETIME" tonight at 7:00. Here's a taste.

(BEGIN VIDEO CLIP)

JOHNNY BELISARIO, FOX NEWS CHANNEL PRODUCER: Let's say you are Christopher Columbus. You come to America. How would you handle the Native Americans?

UNIDENTIFIED FEMALE: Give them pasta fasul, and some lasgna, and homemade wine.

(END VIDEO CLIP)

WATTERS: If Columbus had given pasta fasul to the Native Americans upon landing, I guarantee you there would not have been genocide. That's a guarantee.

GUTFELD: Better than the bed blankets.

PIRRO: OK, Dana.

PERINO: Also, before Sunday evening, when Percy got high from eating somebody's discarded joint on the beach, this was his weekend. I just want to give a little Percy update. Look how fast this kid can run before he eats pot. He also went on Harley on a side car.

WATTERS: Show him running afterwards.

PERINO: And also, he had a beautiful -- oh, there he is on a sidecar and he was at the beach. Anyway, we don't have much time but that's a Percy update.

PIRRO: Very sweet, very nice. OK, 20 seconds. NASA astronaut and Marine Corps pilot Nicole Mann just became the first Native American woman to go to space. She headed the crew five mission aboard the SpaceX Dragon. And Mann is originally from California, a member of Wailacki tribe of Round Valley Indian Tribes. Congratulations.

And that's it for us. "SPECIAL REPORT" is up next. Hey, Bret!

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