Updated

This is a rush transcript of "The Five" on October 5, 2022. This copy may not be in its final form and may be updated.

DANA PERINO, FOX NEWS HOST: Hello, everyone. I'm Dana Perino, along with Judge Jeanine Pirro, Jessica Tarlov, Jesse Watters and Greg Gutfeld. It's 5 o'clock in New York City, and this is THE FIVE.

The media is freaking out after months of legal drama and uncertainty. Elon Musk is closing in on his blockbuster deal to buy Twitter with the stated goal of restoring free speech. The world's richest man making a surprise offer to go through with his bid to buy the social media giant on the terms he originally agreed to.

Some in the press are now very concerned about it with one reporter warning that the outcome of the midterms could be impacted. Tweeting this, for those of you asking. Yes, I do think this site can and will change pretty dramatically if Musk gets full control over it. No, there is no immediate replacement if it gets done early enough based on the people he's aligned with, yes, it could actually affect the midterms. And others in the media don't like it either.

(BEGIN VIDEO CLIP)

UNKNOWN: I hesitate to even ask what could Elon Musk be thinking? That's a recipe for a disaster.

UNKNOWN: Have you ever been to a wedding where you're like there and you're like, they really shouldn't be getting married.

UNKNOWN:

UNKNOWN: You know, this is not going to work out. I mean, this is kind of what is happening.

UNKNOWN: Let's say they reinstate Donald Trump onto Twitter.

UNKNOWN: Yes.

UNKNOWN: Would you leave the service?

UNKNOWN: Yes, probably. I mean, I don't -- I don't need to be there for that. I'm not on Truth Social for a reason.

(END VIDEO CLIP)

PERINO: The fight for free speech is a big deal to Elon Musk who has slammed the decision by big tech to censor the New York Post Hunter Biden laptop story.

Hunter's former business associate, Tony Bobulinski speaking out about the censorship last night.

(BEGIN VIDEO CLIP)

TONY BOBULINSKI, HUNTER BIDEN'S FORMER BUSINESS ASSOCIATE: I'm coming out now because American people still are being lied to about the facts. I don't want to be sitting here in December and they actually indict Hunter Biden and then the American people are like, why weren't we made aware of those facts?

This is crazy. I would've changed my vote for that congressman or that senator or that governor or that attorney general. My e-mail address was there. I'm easy to get a hold of. Facebook never reached out to me and said, hey, Tony, we see that this e-mail that the New York Post just published to you, is it real? Can you produce the email to us? Within five minutes, if Twitter, Facebook, anybody else had reached out, I would've produced the e-mail.

(END VIDEO CLIP)

PERINO: So, Greg, for the -- for the journalists to say that Twitter could -- if this change could change -- affect the midterms, doesn't that mean that it's affecting the midterms now?

GREG GUTFELD, FOX NEWS CO-HOST: Yes. And I think they use the phrase effect and kind of like, but they're not, you know what they mean? I mean, it's a value, it's a kind of a value neutral term, but you know what they're talking about. They're telling you that they know the jig is up. Right?

They're like, it's like when squatters realize that the owners coming back to their house and they better cover up the rug stains, you know, with furniture and get the heck out. That's what's happening right now.

I think they do realize they had a free run on this thing. but you got to remember, you know, there's a lot of interesting things that most people aren't on Twitter. The problem is the people who are on Twitter are the media specifically, and they mistakenly believe that the attitudes and assumptions on Twitter reflect the country's thoughts.

No, it's actually just the media cycling through their own thoughts over and over again. And it's interesting because these are the people that use and abuse Twitter most, and they're the people who need it least. Right? If you're in the media you already have your, what do you call it, your megaphone. And yet they run to Twitter and they need it even more.

So, there's a sense of desperation that they're kind of losing. They're losing a crutch. Twitter was their crutch. They could actually find their opinions from Twitter. It was like a little opinion tree. Like if you didn't know what to think about, let's say, gender affirmation surgery, and it's so complicated.

You can go and pick your little opinion off Twitter and just say, this will, you know, this'll help reduce, you know, the mental anguish of a confused teen or whatever you want. Or if there's something about education, you could pick that opinion that says, you know what? These are domestic terrorists. You know who are threatening the teacher's unions.

They have it all preset for you. You can just pull them out. But they're very selfish because they got what they wanted out of this deal with Twitter. They already got Biden elected, right? Through their self- censorship.

JEANINE PIRRO, FOX NEWS CO-HOST: Exactly.

GUTFELD: So, it's like why you guys should just be happy and walk away knowing that you stole an election by basically manipulating the social me -- the social media networks, and these tech titans to do what you want.

PERINO: Jesse, the New York Times reported that every Twitter employee that they spoke to was planning to quit, which might actually help --

JESSE WATTERS, FOX NEWS CO-HOST: Clean House.

PERINO: -- for Elon Musk. If you're taking over, that means that you don't have to worry about people who are going to undermine you.

WATTERS: Twitter used to be like a really cool bar. It used to let everybody in, good vibe, good drinks. And then some of the regulars started to complain, the libs, and they're like, it's too loud in here. I don't like the music. This guy bumped into my shoulder on the way back from the bathroom and they complained to management.

And management was kind of in step with the regs and said, all right, we're going to do some things. We're going to hire a bouncer, you know, we're going to have a little VIP room in the back. We're going to have a dress code that we're going to enforce.

And then things started changing, right? They started not letting people in. You couldn't get a drink order, and you know, the police chief and the mayor would sit in the back and kind of run things and they got everything calm.

And then all of a sudden, half the regulars were like, this place is great. And the other regulars like, this place sucks now. And then it got really bad because then the regulars that were running it started kind of selling numbers out of the back, maybe passing cash envelopes. Sex trafficking out of the back, doing really dirty things.

GUTFELD: You're taking this analogy to the very end.

PIRRO: Yes.

WATTERS: I'm not finished. And no one did anything about that. But if you lit up a cigarette, boom, they'd throw you head out onto the pavement. People didn't like that. And then all of a sudden, no one started to go to the bar anymore. You know, started lose customers, and then new management came.

This guy wanted to buy it, and then the regulars that ran the place were like, no, no, no. You can't buy. Because you're going to let everybody in. You're not going to have a dress code anymore. It's going to be first come, first serve. I'm not going to get my special table and special treatment.

And that's what's going on. It's like a bar that got bad and now it's good again.

PERINO: I am impressed.

WATTERS: Thank you.

PERINO: I have to say, that was something else, judge.

WATTERS: Thank you.

PERINO: There was also, there was this legal dispute that was going on between Twitter and Elon Musk, and then he finally said, OK, forget it. I'm just going to buy it anyway.

PIRRO: Yes, yes. Elon Musk was fearful that the judge, the magistrate would rule against him. The trial is scheduled for, I believe, October 17th, and he said, look, I'm going to -- I'm going to go forward and buy it, but you know, as a condition of that, I want you to cancel the trial.

But I think that what's so amazing about this is that everyone on the left is screaming, you know, my gosh, it's going to affect the election quotes like, "be afraid they're going to reshape the election." They're going to, you know, and it's so -- it's so typical of the hypocrisy of the left where everything they're afraid of happening, they've already done.

You know, it's like Bobulinski was just saying in the sound, you know, had I been able to talk to the American people, had this information not been suppressed on social media about Joe Biden and Hunter Biden, that election might not have been that turned out the way it did turn out.

But now they're saying, my gosh, free speech. We can't have free speech. And it shows you how quickly the left has moved its agenda where we have to fight and say, hey, it's a good thing. Freedom of speech is a good thing when people are saying, no, it's wrong. People will be able to say things.

But you know, they -- it's just a hypocrisy that is so obvious and the employees are freaked out and they're, what are they saying? They're like living this show succession themselves, trying to figure out who's going to -- who's going to work and who's not going to work, and cue the layoffs and all that.

Well, you know what? Maybe people deserve to be layoff -- laid off.

(CROSSTALK)

PERINO: Especially if there were --

PIRRO: Maybe, yes.

PERINO: If tens of thousands of, or hundreds of thousands of fake accounts.

PIRRO: Exactly.

PERINO: I think that was something that like, there's fake regulars at the bar, Jesse.

WATTERS: Yes.

PERINO: They're like ghost regular customer.

(CROSSTALK)

GUTFELD: People holding a seat and they're not there.

PERINO: Yes. Exactly, Jessica.

WATTERS: I get that.

PERINO: What do you think?

JESSICA TARLOV, FOX NEWS CONTRIBUTOR: I was never really that afraid of Elon Musk buying Twitter because a lot of the things that he said he wanted to do, actually internally, executives were saying they wanted to do as well.

They wanted more transparency about how the algorithm worked, and they thought that that was important for their employees. Now, I don't know how many of those executives are going to be around after he does take over if he does. You're right. It's October 17th, the trial going forward, but it was just report about half an hour ago that an Apollo Global Management who was doing the preferred financing, has pulled out of the deal.

I mean, this is not a fin -- a completed situation here. The question is not about free speech. It's about the line between free speech and misinformation for liberals. And that's a difficult line to tread because this was particularly important during the COVID pandemic when the governments, both the Trump administration and then the Biden administration were working with the social media companies to make sure that there was not that information getting about the disease itself, about the vaccine, et cetera.

And I think that's what people's principal concern is here. And I'm waiting for Elon Musk to give a good answer besides, you know, I'm going to reinstate Donald Trump and I'm going to let all of you know, get rid of all of the bots.

What are you going to do about the fact that people do use these tools to spread falsehoods that are potentially dangerous to their health, for instance? I know they have huge armies monitoring.

PERINO: But it's also interesting, like the California Governor Newsom went ahead and signed that law --

PIRRO: Yes.

PERINO: -- that basically says that doctors now, even in the privacy of their own doctor's offices can be, can lose their license for something that they say to their patient in private because the government would decide that it's misinformation. So.

GUTFELD: Yes, one man's misinformation is another person's information.

(CROSSTALK)

PERINO: Yes.

PIRRO: Yes, no man's truth.

GUTFELD: It's just like, it's -- you're hearing the hate -- the hate, hate speech argument go through a new definition. This is a new redefined version of hate speech. It's what you define it as. That's why it's meaningless.

PERINO: It's going to be the last word. Go ahead.

TARLOV: It isn't meaningless because it's how decisions like this get made that affects, you know, tens of millions of people. And you're right, the average person is not on Twitter and they don't care. That was one of the main lessons from the 2020 primary and the Democratic side when Joe Biden won.

Everyone who supported in South Carolina, they're not blue check marks, right? They're not people that are going online. They're people who have to work a normal job and then they go to the polls and they vote for the person they think has the best chance of winning.

But belittling people's concerns over bad information and monitoring accounts that can lead to terrorism. This is one of the principal concerns.

WATTERS: I trust the American people to find out what's right and what's wrong. We don't need some big government trying to like look at all the algorithms.

TARLOV: I --

WATTERS: They can do it themselves.

PIRRO: And the Supreme Court has protected hate speech. It is protected speech. It is up to the individual to determine whether or not they want to follow, believe, or invest in speech.

TARLOV: But if there is --

(CROSSTALK)

PIRRO: It's not up to the government. We know from, what's her name, who was singing Mary Poppins?

GUTFELD: Scary Poppin.

PIRRO: It's a joke. Yes.

GUTFELD: She, I mean this -- that's the perfect example.

PIRRO: Yes.

GUTFELD: Because she was the expert who turned out, had been lying about the Hunter Biden --

PIRRO: Exactly.

GUTFELD: -- laptop the whole time, and Russian collusion the whole time. You can't find an expert because they're all in, in this game.

PERINO: All right. That was a good talk. Everybody, coming up, Florida Governor Ron DeSantis is getting smeared after warning hurricane looters they could get shot in Hurricane Ian's aftermath.

GUTFELD: Shot.

(COMMERCIAL BREAK)

WATTERS: Florida Governor Ron DeSantis meeting with President Biden earlier today to survey the records left over from Hurricane Ian. It comes days after the left smeared DeSantis as a racist for warning would be looters at Florida's a second amendment state, and there could be deadly consequences if they took advantage of the devastation.

The usual race baiters of the media assuming the worst with MSNBC anchor Joy Reid comparing DeSantis to a segregationist, but the governor knows what he's talking about. Four looting suspects were just arrested for ransacking devastated homes in businesses on Fort Myers Beach. Three of them in the United States illegally. And here's the governor on that.

(BEGIN VIDEO CLIP)

GOV. RON DESANTIS (R-FL): We're not going to let bad actors exploit them. That means law and order will be enforced. That means individual Floridians right to defend themselves and their homes will be honored.

We've had four looters that were arrested, I guess a couple days ago, and they need to be brought to justice and we're not going to tolerate it. But, you know, three of the four are illegal aliens. They should be prosecuted, but they need to be sent back to their home country. They should not be here at all.

(APPLAUSE)

(END VIDEO CLIP)

PIRRO: Go.

WATTERS: Jessica, why does MSNBC assume he's talking about black Americans when he says looters?

TARLOV: I don't know. I didn't think that personally. Obviously during the Black Live -- Black Lives Matter riots, a lot of looting was done by black Americans, and that I think is the image that a lot of people have in their heads, but I thought that was obviously a bridge too far.

And then once you make it, but about race, you can't have a conversation about what's really going on here. And I don't know, I didn't watch the full Joy Reid segment. If she's covered it already --

(CROSSTALK)

PERINO: Not a fan.

TARLOV: -- where she went with it. What?

PERINO: Not a fan.

TARLOV: Not, not a fan. Seven is a busy hour.

WATTERS: After she's watching me.

TARLOV: Because I am watching Jesse Watters Primetime and feeding my daughter at the same time. So, it gives this opening, and I've said this over and over, that it really bothers me when liberals leave a door open to a very obvious counter argument that's going to happen.

Like, you could predict it if you just didn't hit send, or you just didn't say the thing that flashed into your head for one second. You could avoid two days of a news cycle about how wrong you were about this. And now we're having a conversation about undocumented people that are going and committing crimes and what can you do with them? It just feeds the narrative. So, I wish that people would take a step a second before you put it out.

WATTERS: Those were very insightful comments, I just want to say.

PIRRO: She's very smart.

WATTERS: That was very smart.

PIRRO: Yes.

WATTERS: Very, very smart.

TARLOV: It's just because I agreed with you and I said I watched your show.

WATTERS: Judge, what -- he was right about the looters.

PIRRO: Listen.

WATTERS: They came and then they got busted.

PIRRO: Listen, he said, first of all, he said we're a second Amendment state. And that, what he means by that is that anyone behind the door has no duty to retreat. They have no duty to run away. They can stand their ground, use deadly physical force if they reasonably believe it's necessary, or if they believe they're being confronted with deadly physical force.

So, he's saying to everybody, you know what? You're taking your life in your hand if you're going to go after someone's -- go into someone's home and try to rob it. But what I liked about what he said, I've never heard anyone in the past year used the word foreigner. All I hear is illegal. Or I hear a migrant, immigrant.

He said, these people are foreigners. They don't belong here. They shouldn't be here. And they are hitting us at the point when we are most vulnerable in our homes and in our businesses and when we have no place to sleep, essentially.

And he's going to get a lot of kudos for that because as calm or as excited as he may get, the truth is that he is speaking the language of the people in Florida.

And Joy Reid can talk all she wants, and I think your comments were right on, Jessica. I mean, you have to think about what they're going to say and she just opened it up because she sees everything through the prism of race.

No, this needs to be looked at through the prism of people losing everything that they know and people not being protected.

WATTERS: When Nancy Pelosi said, we should send the migrants on to Florida to clean up the hurricane wreckage, I thought, OK, you know what? That's better than having them sit in a rainy tent in an island in Manhattan. And then it turns out a bunch of illegal migrants started looting.

GUTFELD: Well, OK, it's not a bunch. So, let's just --

WATTERS: How many? Three?

GUTFELD: Yes, I think so. I get Is that a bunch?

WATTERS: A few is few a bunch.

GUTFELD: All I know is they -- would it be great if they'd sent him back to Martha's Vineyard? That would've been more interesting. I like, I think that DeSantis is doing everybody in education, because this is, this might be new information to people. You know? After a couple -- the last couple years maybe they just assumed looting is OK.

I mean, you could steal 900 bucks worth of stuff from any store in California, right?

PERINO: Yes.

GUTFELD: Their entire city blocks that were looted through 2019, 2020. so maybe his comment that you could get shot was news to people. Right? I knew that growing up, maybe that was for movies, but there was assumption that if you're taking advantage of your city at the time of need, like you're actually adding a double injury, right?

It's like the police can't, and also since the police can't react to that because they're too busy trying to save lives. Then the expedient resolve, the expediency of shooting somebody who's in your house is completely acceptable. So, I think it's important in the last couple years to remind people that that is an option.

WATTERS: Joe Biden was down there with Ron DeSantis and said he's doing a very good job.

PERINO: Yes. And I think that that's how government is supposed to work if they are doing a good job. And they -- the people of Florida need this partnership to work out so that they can recover and rebuild eventually.

There was a report that said that Biden, excuse me, DeSantis is going to cost himself a bunch of Latino voters because of sending the migrants to Martha's Vineyard and because of his comments the other day. And I think the opposite is true.

Now you're starting to see all these re research coming back about the midterm saying that actually crime and border security are way, way up there. And I thought this was super interesting.

Telemundo and NBC, they're -- Telemundo is under NBC. They do a poll about the midterms and they looked back and in 2012, the Republicans had a plus six with Latino voters in their poll. Plus, six. That's 2012. Ten years later in 2022, it was plus 56. That is a gigantic, insane flip --

WATTERS: Wow.

PERINO: -- in 10 years and it's not going away. And if the Democrats don't realize that a governor saying, I am going to make sure that you are protected, you are my first priority. I'm going to make sure that you have what you needed to rebuild, and I'm going to make sure that you're safe, then they're never going to win again.

WATTERS: Well, we talked about this yesterday. Not -- not all Hispanics are for open borders. In fact, they're not at all.

(CROSSTALK)

TARLOV: Yes, they --

WATTERS: And for some reason the Democrats can't get that through their head.

TARLOV: I think it is through our head after 2020 and we went down to about a 22, 23-point advantage when we had enjoyed, you know, 35 to 40 points in previous elections. I think they heard it loud and clear. But Republicans haven't built on that margin since 2020, according to FiveThirtyEight's polling. So, it'll be interesting to see if we can win some of them back.

WATTERS: Yes. Well now that Biden has told us that he's Puerto Rican, I'm sure that all the Hispanics are going to vote for Joe.

TARLOV: That was unnecessary.

WATTERS: Up next, Joe Biden in panic mode as gas prices rise again and you can probably guess who Joe's going to blame for it.

(COMMERCIAL BREAK)

PIRRO: Gas prices are starting to rise again and the Biden propaganda machine is getting back to their old ways to deflect the blame. Drivers are feeling the pain at the pump and experts warn it's going to get a whole lot worse.

Joe Biden loved taking credit when the prices were falling, but now, the White House is passing the buck and blaming Vladimir Putin.

(BEGIN VIDEO CLIP)

PETER DOOCY, FOX NEWS WHITE HOUSE CORRESPONDENT: You've said the president was responsible for gas prices coming down. Is the president responsible for gas prices going up?

KARINE JEAN-PIERRE, WHITE HOUSE PRESS SECRETARY: So, it's a lot more nuance than that, right? There have been global challenges that we have all have dealt with. There's been pandemic and there's been, Putin's war. And Putin's war has increased gas prices at the pump.

(END VIDEO CLIP)

PIRRO: And now President Biden is looking like a total fool. Remember, three months ago, he was sucking up to the Saudis and fist bumping his way through the Middle East, begging them for more oil. Well, the OPEC oil cartel decided this morning to cut production by two million barrels a day. So now, Biden is going to release more oil from our depleted strategic reserves.

All right, so Jesse, that just came out this afternoon that the president is going to release some oil from our reserves. After he released, I guess it was 180 million barrels not that long ago. How much is going to be left in our strategic petroleum reserve?

WATTERS: It's going to be bone dry. He's a reckless economic illiterate. And he's going to cause a lot of pain to the American people because we're going to need those reserves full at some point. And before then we're going to have to buy back and restock at about $100 a barrel. And what do you think that's going to do to the world price of oil?

He doesn't understand it. It's set by the world. He thinks Fred that owns the gas station at the corner sets the price of oil. If you're not going to unleash American energy, you have to butter up the Saudis. And so far, he's cozied up to their biggest enemy of the Iranians.

He doesn't even send him any arms packages like most presidents do. He called them -- he called the crown prince a killer and tried to ostracize him.

PIRRO: Yes.

WATTERS: He is always talking about the green new deal.

TARLOV: He is a killer.

WATTERS: The green new deal. He needs a little more finesse when everybody is getting slammed at the pump.

The guy, he's already dealing with crime, he's already dealing with immigration, he's already dealing with inflation. And now, you're seeing the rising gas prices. This is going to guarantee a Republican Senate.

PIRRO: Jessica, isn't a time for the President to recognize that we need to be energy independent so he doesn't have to be on his knees to a guy that he thinks is a -- is a murderer and to the Venezuelans that he doesn't yet had a problem with the -- I mean, why are we on bended knee when we were energy independent?

TARLOV: So, we still are technically energy independent, depending on what definition you -- so there are two ways to look at this. So, if you mean that we don't import any oil, if that's your definition, that hasn't happened since the 1940s. If your definition is that we export more than we import, that started in 2019 under Donald Trump and has continued under President Joe Biden. So, pick or choose which one it is, we still are that.

WATTERS: Well, we're exporting the stuff from the stockpile.

TARLOV: I understand that but it does not --

PIRRO: Yes.

TARLOV: Well, don't say yes, like that. There are a lot of false arguments flying around using these terms, energy independent or people like Dan Crenshaw and Kristi Noem, the governor of South Dakota, getting on there saying, oh, if Keystone had gone through, we wouldn't be in this mess. But that's not true. The Trump state department itself said it would have a minimal impact on how much gas that we have because it's dependent on global markets, which is the point that Karine Jean-Pierre about this.

Everybody is suffering from these problems. And yes, he did go there and he tried to get the Saudis to back off of this. And it's embarrassing that they then moved ahead and made this cut. But flying around saying, oh, energy independent, blah, blah, blah, without actually explaining what you're talking about is a false argument.

PIRRO: OK, all right -- all right, Greg, we paid $2.00 for gas when Trump was President. We paid as much as $6.00 now in California. I don't care what your definition of anything is, at this point. All I know, is it's more now. Why is that?

GUTFELD: Well, I'm no economist, Judge, but I will say this probably wouldn't have happened under Trump. And I know that sounds extremely stereotypical, but the fact is, the this is a terrible deal. I mean, Joe went there with his -- you know, on his knees, and they just screwed him. And I just don't see that happening with -- actually, I would broaden and say, I don't see it happening with Trump or anybody else. It just so happened that it happened with Biden. So, that's kind of strange.

I don't think anybody cares about it being labeled Putin's price hike. I don't think -- you wouldn't hear it at the pump -- you're going, damn that, Vlad. No, they realize that there has been an ideology afoot. Regardless of the reality now, there was an ideology that stated that this would be good for us if we got off oil is. So, that's why -- you're OK to be suspicious about whether or not this administration is actually trying that hard to solve this problem, when in fact, they see the problem as a solution.

And before anybody talk -- and they talked about gas prices going up, it's still not as expensive as an electric car. It's still not even that expensive as the electricity for the electric car. And I give -- I got to say Double-O Pete was very good. That's what I call them now, our own Pete.

PERINO: Peter Doocy?

GUTFELD: Yes, Double-O Pete. You got to notice with J.P. that whenever she begins a sentence with so --

PIRRO: So, yes.

GUTFELD: That means everything to the right of so is not true.

PIRRO: Yes.

GUTFELD: Because like -- it's like so is basically what it does is it redefines the answer into a different kind of, I don't know, word salad. So, she went so and then she goes like this.

WATTERS: That would tell.

GUTFELD: That would tell.

PIRRO: But you know, look, Dana, you were -- you were in that position that Karine Jean-Pierre is in right now. I mean, when Double-O Pete says, you know, Biden takes credit from prices going down, why not going up? And so, she says, so it's more nuanced than that. I mean, how come she doesn't answer the question? Only five percent of Americans --

PERINO: Well, she's got a bad answer.

PIRRO: Well --

PERINO: The facts are a bad answer, right? So, it's like, even with the stock market. If a President goes around saying, look at me, my God, look at the stock market. And then when it's down, they're like, well, I have nothing to do with that. And that's just not believable for the American people. And that feels really just like politics and it's bad. The other thing that this administration doesn't admit is that they -- because of their work with the Iranians and the release of the Strategic Petroleum Reserve, both of those things have pushed the Saudis closer to Russia and China.

And so, that policy is playing out while they're also refusing to -- when Trump was in office, he had this deal. He said, we could refill the strategic petroleum reserves at $24.00 a barrel. We should take that deal. Are you with me? And Chuck Schumer is like heck, no, we're not. We are not for that. We are not going to do anything. So, now we're looking at $100 a barrel. It's supposed to be our emergency reserves and they're releasing it today and saying here's how we're going to help you to get through the Midterms. They're going to release 10 million more barrels. It's not working and the American people will have to pay for it.

GUTFELD: It's a great point.

PIRRO: All right, up next, it is the possible breakup that's got America talking. Tom Brady and Gisele could be heading for the endzone.

(COMMERCIAL BREAK)

TARLOV: An American power couple might be headed for splitsville. Tom Brady and Gisele Bundchen reportedly hiring divorce lawyers in what could be a messy multimillion-dollar separation. The two allegedly have not been living together for months following an "epic fight." And so, far they're tightlipped and not responding for comment.

Rumors of a rocky relationship have been following the pair since Brady's decision to return to the NFL. Back in August, Brady took an 11 day leave of absence from the team's training camp to deal with "personal issues." Dana, to you first. What do you think is going on?

PERINO: Well, I -- as a married person, we're just talking a little bit in the break, you never know what really -- what a marriage is really like between two people. And I feel for them that this is playing out on page six and here on THE FIVE. But it is -- they are an amazing couple that we have watched for years. They are both like incredibly beautiful people. They have great kids. And we all thought, oh, everything in their life is perfect.

And it's a good reminder for everybody that just when you think that somebody else is having the perfect life, everyone is always going through something. I wish them the best. I hope that they can work it out.

TARLOV: Agreed. So, Jesse, Gisele did an interview a little while ago where she talked about the fact that she consistently complained to Brady that he was not around enough. And then he unretired, right? She thought that they were going to have a kind of normal life superstar level. Do you think he will regret this potentially final season in the NFL?

WATTERS: Well, it depends on how they do. If they win the Super Bowl, no. If they don't win the Super Bowl, yes. And I had a great line. She said, Tom Brady is married to football. That's the man's mission. That's his mission for life. And when men have a mission, they're going to pursue that. And I heard something. Men pursue this mission, and traditionally, the wife is there to support that mission.

She was responsible for him leaving New England. I heard that from a very trusted source. She said, Tom, you don't need Belichick. You could do this by yourself. You're not getting enough credit. So, he goes down to Tampa, wins the Super Bowl, loses in the playoffs, and he comes back and retires. This whole thing was her idea to leave Boston and go down and win rings in Florida. So, I don't know what's going on but I'm on Tom's side.

TARLOV: Judge, would you like to backup your little noise that you made while Jesse was talking?

PIRRO: First of all, what did you say that Tom --

TARLOV: That man have a mission?

PIRRO: Tom is married to his sport? Is that what you said?

WATTERS: He's married to football.

PIRRO: To football. OK, well, here's the thing. Gisele, number one, is a superstar model who I believe is worth more than Tom is financially.

TARLOV: Double.

PIRRO: Yes, double.

WATTERS: Well, when he retires --

PIRRO: Excuse me. Yes.

WATTERS: -- and cashes in on that Fox --

PIRRO: Well, and it's all about that.

WATTERS: -- broadcasting gig --

TARLOV: She's still going to be worth more than him.

PIRRO: Here's the thing. She suffered for years, pulling back on her own career, taking care of the kids, making sure that he could pursue the career that he loved when she had one that was just as far as successful and just as financially remunerable. I'm frustrated by this.

She ended up supporting him. The guy went to bed every night at 8:30, got up at 5:30 in the morning. They didn't need this. They didn't need that. She -- every hour he had to do something. She was there with the kids. She pulled back on everything she did to support him. He said OK, now it's your turn. You're 45, Tom, get over it.

WATTERS: Well, I mean, in the offseason, he wasn't waking up 5:30.

TARLOV: Yes, he was.

PIRRO: Yes, he was. And he had the same schedule. The guy is obsessed with this. It's time --

GUTFELD: Oh, the suffering she went through with the fabulously wealthy husband who provided for her every whim.

PIRRO: No, no, no.

GUTFELD: Why did she leave Leo?

PIRRO: No, no, no. She had her own career. She didn't need him to support her.

GUTFELD: She was a model. Anyway, can I say something? By the way --

PIRRO: No, I'm not finished.

GUTFELD: Are you --

TARLOV: No, I think timewise --

PIRRO: No, I'm not finished. I'm on her side.

GUTFELD: All right, I think lots of wives could say that their husbands are married to football.

WATTERS: It's true.

GUTFELD: Look, as a fellow-fellow, Serra Padre, I want Tom to know that I'm here for him if he wants to talk. But the Tom and Gisele story makes no sense if you don't understand the effects of options. If you say oh, my God, why would he leave her or why would she leave him? The answer is simple. They have options that you don't, right? They have rich, beautiful people. They have this -- their suffering is that they can't stick to one thing, because there's always something better. There's always something younger.

You know, most people don't have Tom and Gisele's options. As a world- famous celebrity, I understand this. Options to many are the forbidden fruit, but for people like me, they are the fruit. They are everywhere. I could pick them at any time. And so, it makes the most perfect and beautiful marriage even more vulnerable than the high school janitor married to his high school sweetheart.

That could be a stronger marriage because that's the only I option either of them had. But they can have -- like, if she wants to, she could date me but I'm obviously, you know, in a relationship but I've could -- you know, I could weigh the options, right? And he -- they could flip like you got Brad Pitt and Angelina. Their divorced and they could just flip. Why not solve the problems?

WATTERS: Who's side are you on?

GUTFELD: I'm on --

TARLOV: The side of rich and pretty people.

GUTFELD: I'm on the side of a plane portly men.

WATTERS: OK, that's not an answer. We're looking for -- Dana?

PERINO: I'm on the kids' side.

WATTERS: Oh, come on.

TARLOV: That's a good answer. Gisele.

PIRRO: She's the one -- I'm on her side obviously.

GUTFELD: We're going to argue this later.

PIRRO: She's the one who suffered through all of this and supported him.

WATTERS: Suffered, suffered.

GUTFELD: We're going to talk more about this on my show.

PIRRO: Yes, well, you better be there.

GUTFELD: I will.

TARLOV: "THE FASTEST" is up next.

(COMMERCIAL BREAK)

GUTFELD: Yes, welcome back. Time for "THE FASTEST." First up, Yankees superstar Aaron Judge lighting up the sports world with his record-breaking 67 homerun. And the lucky fellow who caught the ball already rejecting an offer worth a staggering two million bucks for a piece of history. Let's -- I want to -- I'm curious. I'll go to you, Jesse. What -- is there any piece of sports memorabilia that you would want?

WATTERS: Financially, you want the Mickey Mantle card because I think it just auctioned for $12.6 million. So, that's my answer.

GUTFELD: What about -- anything you want?

PERINO: Well, I want Aaron Judge to get the ball.

GUTFELD: Oh, interesting. So, he should give the ball to Aaron Judge.

PERINO: I mean -- or maybe Aaron Judge is -- maybe Aaron Judge's sponsors could pay for it.

GUTFELD: Oh, there you go. There you go. What do you think, Judge?

PIRRO: I don't know anything about sports memorabilia. I had a few balls in the garage and I had a garage sale. They were signed by people. I got a lot of money for them. I have to say, you would pay that much?

WATTERS: Judge, who were those people?

PIRRO: Football -- give me a football.

WATTERS: I mean, there's a lot of football players.

GUTFELD: There's a lot of football players.

PIRRO: Well, Joe Namath was one.

WATTERS: Stop it.

GUTFELD: Oh, you sold the -- you sold the football signed by Joe Namath.

PIRRO: Yes.

GUTFELD: He's still alive, right?

PIRRO: Yes.

GUTFELD: So, that would sit -- that's still like --

WATTERS: Yes, he's still alive.

GUTFELD: You have to --

WATTERS: I'm sure it wasn't in mint condition if it was in your garage.

GUTFELD: Yes.

PIRRO: No, it wasn't -- nobody used it.

WATTERS: All right. All right.

GUTFELD: You're into sports, Jessica.

TARLOV: More or less, yes.

GUTFELD: Yes.

TARLOV: I mean, the thing that we have that means the most. We have my grandfather's season tickets from the old Yankee Stadium. We have his two seats that are in storage somewhere, so that's a fun thing.

PIRRO: Oh, yes?

TARLOV: Not worth anything, just sentimentally. I agree with you about Aaron Judge but I think this man should get a fair price for it. And what he's getting today is not that. So, Aaron Judge will have plenty of -- he's going to sign this huge -- like, half a billion dollar contract. Give him a lot of money. It's a big deal that he got it. It changed his whole family's life and the trajectory.

WATTERS: You never accept the first offer.

GUTFELD: Yes.

WATTERS: You sniff out of it.

GUTFELD: Do you knew that I had a baseball card in my wallet when I was in college. It was my dad's. It was from the San Francisco Seals. And it was DiMaggio and my wallet got stolen. So, it's like -- I lost that. But my memorabilia that I would want, I would want the baton from the Nancy Kerrigan incident. Wouldn't that be a great -- that's got to be --

TARLOV: That doesn't sound as memorabilia.

GUTFELD: I bet that's --

PIRRO: That's in the property clerk's office or somewhere.

GUTFELD: No, it's got to be somewhere in a museum. Wouldn't that be a great thing to have on a wall?

TARLOV: I thought you're going to go like an Olympic baton for some particular --

WATTERS: Greg thinks ice skating is a sport.

GUTFELD: That's what you got out of this.

WATTERS: Wait, is it a sport?

TARLOV: Yes.

GUTFELD: No, it's not a sport.

WATTERS: Is figure skating a sport?

GUTFELD: No, of course -- no, it's not. It's not. We can look it up.

PIRRO: What do you mean it's not?

GUTFELD: People at home, look it up. It's not a sport.

PERINO: It's in the Olympics.

PIRRO: Yes.

GUTFELD: But there's a lot of things in the Olympics --

WATTERS: It's more of a performance.

GUTFELD: Yes, there's a lot of things in the Olympics that aren't sports.

PERINO: OK, we're fixed in golfers?

PIRRO: Some people think basketball is a performance.

WATTERS: I'm not saying fitness. Golf is a gig.

GUTFELD: I don't think -- I don't think there are any sports in the Olympics, right?

TARLOV: What?

WATTERS: What about basketball?

TARLOV: Tennis?

GUTFELD: Like I said -- tennis, come on. They have a net.

TARLOV: What?

GUTFELD: Any sport with a net -- come on.

WATTERS: Soccer has a net.

GUTFELD: Exactly. I'm just going to -- I'm just trying to offend as many people before the break.

PIRRO: The activity of ice skating has given rise to two distinctive sports, figure skating and the performance of various jumps.

GUTFELD: "ONE MORE THING" is up next.

(COMMERCIAL BREAK)

PERINO: It's time now for "ONE MORE THING." So, we talked about the guy who caught the amazing catch -- homerun by Aaron Judge, but there's -- what do you do when you catch a homerun ball and you're a dog? Do you keep it or do you sell it? Well, this is what -- they had bark at the park and this golden retriever got the ball. His name is Renegade. And he doesn't want to give it up to his owner, Chris Holland, who plays on -- plans on putting it dogs lover and all on the mantel. I don't know if they're going to sell it for $2 million, however.

TARLOV: He's very cute.

PERINO: Hey, Greg, you're next.

GUTFELD: All right, tonight, what a special episode of "GUTFELD!" we have for you. You know who's going to be on? A judge -- a judge named Jeanine Pirro. We have a first-timer Brett Velicovich -- did you see I got through that? Of course, there's Kat Timpf and there'll be Tyrus. That'll be tonight at 11:00 p.m. Tune in as they used to say. Nobody tunes anything. That's the funny part.

PERINO: That's all you got.

GUTFELD: Well, I had a long "ONE MORE THING," Animals Are Great, but there's like two minutes left.

PERINO: All right, all right, we'll keep going then. We'll save that one. Judge?

PIRRO: Yes, mine is really short. So, nobody boards a flight expecting to receive a shout-out. But it's sure made this woman's day.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I would like to say a special welcome to a special guest in today's flight. The passenger flying to Hawaii with us today is celebrating her victory over late-stage breast cancer.

(END VIDEO CLIP)

PIRRO: Jerry Oldham (PH) had no idea she would be the special guest honored by the pilot on a flight to Hawaii celebrating being cancer-free after a battle with breast cancer. She was overcome by the amount of love from the other passengers, Greg.

PERINO: Oh, bless them. I love that. Jesse.

WATTERS: Some herb at a Toronto Blue Jays game decided to get down on one knee and propose to his girlfriend --

PERINO: Oh, you never do that.

WATTERS: -- with a candy Ring Pop. How do you think this went?

PERINO: I don't know.

WATTERS: Boom, slap across the face.

GUTFELD: Why do you fall for this stuff?

PERINO: Wow.

GUTFELD: You know that's fake.

WATTERS: Right across the eye.

PERINO: (INAUDIBLE).

GUTFELD: Of course. She's a terrible actress.

WATTERS: Tonight on "JESSE WATTERS PRIMETIME," we have Ted Cruz, Kellyanne Conway, and Dan Bongino.

GUTFELD: That's the third time you've done that.

WATTERS: What?

GUTFELD: You fall for these fake things.

PIRRO: What do you -- how do you know it wasn't a real --

PERINO: All right, Jessica, before we lose -- run out of time.

PIRRO: OK.

TARLOV: So, two Oklahoma girls stop their high school football game from being forfeited by suiting up and getting on the field themselves. The Wewoka High School Football Team found out at the last minute they were short two players to eligibility.

WATTERS: We woke?

TARLOV: Wewoka. It's real. That's when seniors Natalie Davis and Callie Ramsay started practicing their positions as kicker and cornerback slash special teams respectively. They ultimately lost but it was a big win for the girls.

WATTERS: It's a nice punt.

PERINO: That's pretty good.

PIRRO: Yes, very nice. What's the name of the school?

PERINO: Wewoka.

TARLOV: Wewoka.

PIRRO: Wewoka? Where is it?

PERINO: Oklahoma (INAUDIBLE).

WATTERS: Probably California.

PERINO: Oklahoma. That's it for us, everybody. I think that we have --

TARLOV: It's in America.

PERINO: -- you've had enough of us I imagine. "SPECIAL REPORT" is up next. Hey, Bret!

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