This is a rush transcript of "The Five" on October 27, 2021. This copy may not be in its final form and may be updated.

JESSE WATTERS, FOX NEWS HOST (on camera): Hello, everybody. I'm Jesse Watters along with Katie Pavlich, Geraldo Rivera, Martha MacCallum, and Greg Gutfeld. It's five o'clock in New York City, and this is THE FIVE.

President Biden is set to unleash disastrous liberal crime reform policies nationwide, despite a rise in violence across the country. The administration is proposing eliminating cash bail to promote gender equity. Yes, you heard that right.

The ridiculous 42-page report calling for a haul of government approach, quote, "we will work to end cash bail and reform our pretrial system, recognizing the harm these processes cause particularly for Black women and families."

But we've seen example after example of the awful consequences of this policy in liberal cities. You may remember this woman accused of shoving another person into an approaching New York City subway train. She was freed without bail in July for a different vicious assault.

And how about this guy? He made the cover of the New York Post after being arrested -- ready -- 57 times this year alone.

Greg, I don't get it. You empty the prisons in the middle of a crime wave. Tell me why this makes sense.

GREG GUTFELD, FOX NEWS CO-HOST: Well, it does makes sense. Because if you are eliminating cash bail to promote gender equity, you are ending up with more women who are crime victims. We've noticed this in New York City. The bulk of the women that are being attacked on the streets are women, women who have died, women in Times Square, women in Canal Street subway station pushed down and die.

So, basically, they have decided that if we can create more female murder victims, that's equity too. It's all --

(CROSSTALK)

WATTERS: They are redistributing the crime.

GUTFELD: They are redistributing the murder. Congrats on finally finding equality in the suffering of other people. I -- I mean, but it raises the question -- we are all -- we all see the consequences. The left sees it, the right sees it. We see it. So why do you continue doing the same thing when you know this is happening?

You accepted the death because of governing ideology is one of oppression. Oppression theology. This country in its current state is essentially a giant slaveholder. And it needs to be taken down. So that means the byproducts of these people dying, they are just merely, you know, byproducts. It doesn't matter that they are dead, because the greater thing is to overall society.

And you know that nobody -- they know that nobody wants this. They know that it's evil, which is why they are always burying it in places. Like, I don't think any of us knew about the no cash bail until it happened. Right? We didn't like I wasn't --

(CROSSTALK)

GERALDO RIVERA, FOX NEWS CORRESPONDENT-AT-LARGE: we had it locally.

GUTFELD: Yes, but we didn't -- yes. But we didn't -- like, but it wasn't there. So, they had to slip it in, and when you bring it up, a left-wing D.A. will call you racist, which is what happened when we brought it up. So now people are dying, and they are continuing it to do this. It's telling you they want this to happen.

WATTERS: Greg mentioned the ideology. This began on what I would call it the revolutionary left, Martha. The American intellectual left. That they thought that the prison system needs to be abolished.

MARTHA MACCALLUM, FOX NEWS ANCHOR: Yes.

WATTERS: They needed to de-carcerate the population. Because prisons were a tool of white capitalists. And the Biden administration, moderate Joe Biden, is actually ascribing to this crazy ideology.

MACCALLUM: Yes. A couple of things. One thing is that, you know, I don't think you have to worry about bail, because most people aren't going to jail anyway. You got people shooting up in the street, --

WATTERS: True.

MACCALLUM: -- they don't go to jail. You can steal a car and drive away, you will probably not going to go to jail. There's a lot of offenses that you don't even get to that point. So, they have already established that level of freedom for people.

On the other hand, you know, when you go back to the election, Jesse, and you look at what both Kamala Harris and Joe Biden had to fight off, was that they had this sort of the stink on them of the 1994 crime bill.

WATTERS: Yes.

MACCALLUM: Right? So, they had been tough on crime. And this is what happens with politicians. Because they are like, yes, remember that wave when we had to tell everybody we were going to be really tough on crime, because that's what was working? And then all of a sudden, it wasn't working any more.

But I look back at some of what Joe Biden said back then, and he said this is not -- actually not even back then. This is in 2016. Joe Biden said that the crime bill restored American cities.

So, raise your hand if you don't want to restore American cities. Look at what has happened to the great cities of this country. I don't think, you know, I think it's a tiny, tiny margin of people that say I'd rather have cash bail or I'd rather have American cities restored.

So, I think you are going to have to have a pendulum swing. In 2022 -- what years are going to be, 2022.

WATTERS: Yes.

MACCALLUM: If that goes the wrong way for Democrats, I think you are going to start seeing a Bill Clinton revival of like welfare to work, and tough on crime. All these things they are going to figure out, you know what, it doesn't work so we better to go back the other way.

WATTERS: A Bill Clinton revival, Greg. It could be interesting on a number of levels.

GUTFELD: Yes.

WATTERS: So, Geraldo, we mentioned, there been studies about this in Chicago, New York City --

RIVERA: About cash bail

WATTERS: -- about cash bail. People get out. They reoffend or they don't just show up to trial.

RIVERA: Well, let me make the token progressive argument against cash bail.

WATTERS: Do you have to?

RIVERA: You have two -- you have two defendants that commit the same exact crime. One has some wealth, the other is broke. The bail is $1,000, $5,000, whatever it is -- $100,000 -- the rich criminal can put up bail, the poor criminal is stuck in jail, incarcerated, until -- not even until proven guilty, but not even tried. But sitting in jail.

(CROSSTALK)

WATTERS: Some would call that equality.

RIVERA: Yes.

WATTERS: Right?

RIVERA: It is --

WATTERS: Not equity, equality.

RIVERA: Right. Well, I think, you know, even -- they say only the poor and the rich can ban from sleeping under the bridges, you know, but only the poor obviously sleep under the bridges. But I hate, as much as I hate to agree with you, it is not -- it is not appropriate given the epidemic of violent crime that we are now facing. It's not about theoretical equity.

WATTERS: Right.

RIVERA: It's about safety. It's about, you know, mom and pop, you know, your wife and children walking down the street and having, you know, getting heisted jacked, assaulted. Homicide is now the number one cause of death among young black men under the age of 34. It's horrifying what is happening and for a liberal to stick to stick to a progressive, technical point, when in the face of this harsh reality is why liberalism, per se is under attack because it's so illogical on many ways.

WATTERS: And they are not focusing on crime victims, Katie.

KATIE PAVLICH, FOX NEWS CONTRIBUTOR: Yes.

WATTERS: Right?

PAVLICH: Well, maybe the left should be more focus on trying to implement programs that would allow black men to live past the age of 34 instead of shooting each other.

So instead of coming up with some kind of program for the inner cities that they could implement through the Justice Department they are focused on this equity that they are pushing off, that really doesn't mean anything. It's just a lot of gobbledygook for the left, and also it tears down the system that they think can't be reformed.

Democrats are picking a side here. They know what cash bail -- the no cash bail does. They've seen it happen, they can see the crime statistics, and yet they are choosing to continue to do this and they want to implement it in on a national scale.

They are taking the side of the criminals. And when you are allowing a left that doesn't believe in a system that we have of due process, instead we are going to do justice based on your skin color, this is the result of that. Unfortunately for them, the results are that minorities are the ones who are impacted the most.

And when you go into these communities and actually ask people who live there, rather than the AOC's who live in high-rise buildings above the whole foods, they will tell you we want more police, not less policing. We want people to be in jail, we are sick of seeing these criminals on the street running our neighborhoods when we have no say whatsoever.

And so, this is just another distraction. And it's not just, you know that. There are consequences for it for people who actually live in these neighborhoods who don't want their two-year-olds to get shot when they go to a barbecue for Fourth of July.

GUTFELD: I don't know how bills work. I'll be honest with you. But if you are a Democrat and you are for no cash bail, there has to be a way to introduce a bill that removes private security from your world. That if you are for no cash bail, you don't get any private security, so you are just as vulnerable as everybody else.

WATTERS: I'll talk to some of my buddies in Congress we'll work something like that.

GUTFELD: Thank you, I knew you know somebody.

WATTERS: All right. I knew a few people.

GUTFELD: Jesse.

MACCALLUM: I recommend Schoolhouse Rock series. It explains how bails work.

WATTERS: Yes. You literally are in the news business, maybe you should know a little bit, Greg.

GUTFELD: No, I disagree.

WATTERS: Coming up, Republican senators ripping apart Joe Biden's attorney general for refusing to back off his order targeting parents.

(COMMERCIAL BREAK)

GUTFELD (on camera): Attorney General Merrick Garland got his butt kicked testifying before the Senate today. Garland repeatedly pressed over why he refuses to rescind the Justice Department's memo seeking the FBI on parents. Even the National School Board Association apologized.

(BEGIN VIDEO CLIP)

SEN. JOHN KENNEDY (R-LA): You are just a vessel, aren't you?

MERRICK GARLAND, U.S. ATTORNEY GENERAL: I'm not sure what you mean by that.

SEN. JOSH HAWLEY (R-MO): You have weaponized the FBI and the Department of Justice. It's wrong. It is unprecedented, to my knowledge, in the history of this country. And I call on you to resign.

SEN. TED CRUZ (R-TX): This letter calls him a domestic terrorist. The NSBA is so embarrassed of this letter, they have apologized for it and retracted it. But you don't apparently have the same willingness to apologize and retract what you did.

SEN. MIKE LEE (R-UT): This testimony, your directive, your performance is shameful.

GARLAND: That's not --

(CROSSTALK)

LEE: Thank God you are not on the Supreme Court. You should resign in disgrace, judge.

(END VIDEO CLIP)

GUTFELD (on camera): That was painful.

RIVERA: That was terrible.

GUTFELD: Garland also grilled about -- he is now finally aware of the Loudoun County school rape case.

(BEGIN VIDEO CLIP)

LEE: You indicated in response to that, that you weren't aware of that, and in the six days before you testified before the House judiciary committee, have you become familiar with the publicly reported details of that kid?

GARLAND: Yes, I have read about the case. Yes.

(END VIDEO CLIP)

GUTFELD (on camera): That's good. Game over. All right, Martha, what stood out to you, how was his performance?

MACCALLUM: So, I mean, I don't think you can say the name Merrick Garland without thinking about the history here. Right? And Tom Cotton brought up the Supreme Court. And at that time, he was seen as this person who was so wrong because he wasn't even given the opportunity to have a hearing. Now you can argue that he should have had it either way.

But everyone, sort of, expected, I think, as attorney general that he was going to be this extremely evenhanded and very careful attorney general. The problem for Merrick Garland right now is that the sequence of events here makes it look otherwise. Right?

So, you've got the -- the National School Board Association sends out this memo, and then you get the back story on that, and they have been going back and forth with the White House. You know, we are really upset about these crazy things that are happening at these meetings, and we think that, you know, people are under assault or in danger.

And literally, over the weekend, you know, from Friday, the letter goes out, Monday, there is an announcement that the FBI is going to be watching all of this. So, it just makes it -- and now, under scrutiny and questioning, Merrick Garland goes, well, I based it on the letter from the National School Board Association, which by the way, they've walked back on the language in.

And reports that I read in the media, that an investigation that does not make. You don't have to be a lawyer to understand that you need to. And I remember even when I read this the first moment, it said, you know, that there has been a dangerous spike. I was like, well, let's see. Like where's the dangerous spike? Let's see these examples. What's actually happening. That Merrick is kind of response from the Department of Justice, not just the local law enforcement. So, it's been a really, really tough couple of hearings for Merrick Garland.

GUTFELD: You know, Katie, we've seen so many hearings. This to me is something that is pretty damn serious. But does it fall into that world of drama like, the Republicans act this way, and then it just goes away, right? Like, it's just drama for the sake of drama. Do we get anywhere?

PAVLICH: Well, based on what Merrick Garland said today and not rescinding the DOJ memo, I don't think that it's going away. And I think that the Justice Department under orders from the White House and President Biden want this to continue and for the school boards to continue to be monitored.

And the problem for the Department of Justice is, and especially under Democrat presidents, they have no credibility when it comes to telling parents that the FBI is not coming after you. After all, the IRS colluded with the DOJ to go after the tea party movement in 2010, where regular people in their community, just like parents going to their school board meeting. They worked in 2016 with the FBI to falsify FISA warrant application which were granted by the FISA court.

And now they are supposed to just take the word of the attorney general who is directed by the White House that everything is going to be fine, even though the letter from the National School Board Association has been repealed?

He didn't have a basis to do this in the first place. And now that the letter has been taken back, he really has no basis to do it. And then the other thing is, and he is asked with this today. If you are focused on parents at school board meetings, you are not focused on other things that are actually your job.

Like, I don't know, he was asked about Afghanistan today, and what he is doing to manage the threat from Al-Qaeda and ISIS-K, and he said that he didn't really know what they were doing. So that's a problem and it puts Americans at risk.

GUTFELD: Geraldo, he seemed that prepared for this or he seem overwhelmed.

RIVERA: Well, I think that overwhelmed is closer to the truth. First of all, he's an eminent jurist, he was the great circuit court judge, appellate, federal appellate judge. He should have had in Martha's recounting, he should have had hearing, he should have been on the Supreme Court of the United States if Obama got fair shake. He got screwed.

But watching him, because he got caught -- he got caught, you know, politicizing the DOJ. And a very, very unfortunate case. I don't know what was his incentive and why he did it in that rushed manner over the weekend. But it was lame that he did it.

But I have to say, watching Ted Cruz and Josh Hawley, they are so nasty, so snarly. They make my skin crawl. It really is. The way they were so disrespectful -- and Tom Cotton, you know, that attack just now, that doesn't make Tom Cotton look like a real serious senator. That looks like an ideological warrior trying to score a cheap point.

WATTERS: Do you think that was bad?

RIVERA: I do.

WATTERS: Do you remember the Kavanaugh hearings, Geraldo?

RIVERA: No, I do remember the Kavanaugh hearing.

(CROSSTALK)

WATTERS: Remember Kamala Harris on Kavanaugh?

RIVERA: But they were getting --

WATTERS: That was nasty.

RIVERA: They were getting back at Merrick Garland who had nothing to do with the Kavanaugh hearings in a way that Trump by --

(CROSSTALK)

PAVLICH: You know it makes my skin crawl?

RIVERA: -- to use a verb --

GUTFELD: The attack --

PAVLICH: It makes my skin crawl for the DOJ to be politicized to go after everyday parents for daring to question their school board --

(CROSSTALK)

RIVERA: What if the children watching the Senate in action? Where is Jimmy Stewart? You know?

WATTERS: I think we've seen -- we've seen a lot worse from the Senate.

RIVERA: I don't know that you have.

WATTERS: And Congress, Geraldo.

RIVERA: That's as low down and dirty as it gets.

WATTERS: Geraldo, you haven't been paying attention.

GUTFELD: All right.

RIVERA: I have been paying --

WATTERS: Katie is right. Imagine you are the attorney general you go and you meet with the FBI team and you think about your threat matrix when you are coming in. What do we have to worry about? Sex trafficking, gun tracking, Chinese espionage, ISIS sympathizers, counterfeiters, corporate fraudsters, but no, a lib sends a letter to the attorney general and he says aha, we are going to seek the FBI on angry parents.

GUTFELD: In just two days he gets -- the fastest of the government has ever worked.

WATTERS: He turns (Inaudible), like the FBI doesn't have enough people to frame to begin with. So, and then, the letter blows up.

GUTFELD: Yes.

WATTERS: And instead of just dropping it, he continues the FBI task force. Now what does this remind you of? It reminds me of when the dossier was determined early --

GUTFELD: Yes.

WATTERS: -- to be bunked, and they continued to use it to spy on Trump. Now I think we need to think cocaine Mitch for blocking this guy's nomination.

RIVERA: Cocaine Mitch.

WATTERS: I say that lovingly. Because if this guy had gotten on the court -- I mean, what a puppet. He is such a puppet of the radical left, and he's dumb. He's not articulate, Geraldo. He couldn't answer a single question. He's a dumb puppet and he's a corrupt puppet. Because his family makes money or pushing CRT. And he used the FBI --

(CROSSTALK)

RIVERA: Be careful.

WATTERS: -- to get his family thing.

RIVERA: He has a son-in-law who is a tangentially involved business.

(CROSSTALK)

WATTERS: His son-in-law, that means his daughter is getting rich. That's how things work, Geraldo. All right? So, instead of saying, you know what, let me run this up the flagpole at Justice to see if the lawyers think this is ethical, Ted Cruz asked him flat-out, did you run this by anybody? He couldn't answer the question. And that's why this country doesn't trust these people.

(CROSSTALK)

RIVERA: He did not answer the question.

WATTERS: Because if you are not stranding him in Afghanistan, if you are not getting him fired from a job, you are basically sending the FBI after them because they want to stick up for their kids.

GUTFELD: Yes.

RIVERA: He looked like he melted in that seat.

GUTFELD: If this letter was about antifa or BLM, --

MACCALLUM: Yes.

WATTERS: Exactly.

GUTFELD: -- it never would've happened.

MACCALLUM: Yes. If you are waiting for an SIV waiting out of Afghanistan, you'll be waiting for nine months.

PAVLICH: Yes.

MACCALLUM: You can see that this happens in 96 hours, you are going, really?

GUTFELD: That was, yes.

MACCALLUM: Really?

GUTFELD: All right. Ahead, don't worry about inflation. President Biden boasting that the economy is on the right track.

(COMMERCIAL BREAK)

RIVERA (on camera): Tina Turner in the rock hall of fame inaugurated.

GUTFELD: I bet you know her.

RIVERA: it doesn't make me vapors. I remember her comeback concert.

GUTFELD: Really? What was that like?

RIVERA: She was great.

GUTFELD: Yes.

MACCALLUM: She was great.

WATTERS: You back stage?

RIVERA: It was a very small stage. It was Gotham.

President Biden battered in recent weeks by a bunch of bad economic news struggling to solve the ongoing supply chain jam that is set to ruin your Christmas, thanks to a huge backlog of ships still bogging down those ports out west. And thanks to inflation, this year's Thanksgiving feast shaping up to be the most extensive meal in the history of the holiday. But despite it all, the president says the economy is doing just fine.

(BEGIN VIDEO CLIP)

JOE BIDEN, PRESIDENT OF THE UNITED STATES OF AMERICA: Trump likes to boast the single best measure to the economy is the stock market. I never thought that. Well, if that's true, take a look at the stock market now. It's higher than ever been. Not only that, more people working today than just before the pandemic started. Household wealth is up. People are buying more things. Manufacturing is up. We are on the move, but we are on the right track.

(END VIDEO CLIP)

RIVERA (on camera): On the right track, but even, Katie, Democrats apparently believe he is on the wrong track.

PAVLICH: Yes.

RIVERA: And the surveys that you see, the polls that are taking showing his unpopularity, it's the Democrats who are disserting the shift.

PAVLICH: Democrats, independents, you have a lot of Democrat economic experts who work for people like President Obama, saying that this inflation problem is going to get worse, and the Biden administration a, wanted to spend more money, and b, ignoring the problem is not going to make it go away.

The White House has been saying for months that this is just transitory, it will be over in a couple of months, and we are seeing the fed chair say, actually it's not going to be over until the end of 2022. So, a full year from now plus some that's when they say it will end. They don't have a lot of credibility on that.

When you look at this as a whole and who is running the economy, it's Bernie Sanders who is in charge of the Senate budget committee. He is really the one who's prodding the Biden White House to stick to the left to do more to infuse the economy with money. They want more regulation.

You have this green new deal problem happening where Biden is leaving the country this week to go overseas to talk about how we can give more money from our economy to regulate our economy more where they have the supply chain back up.

Abd Bernie Sanders is the guy who said that government bread lines are good thing. And so, when you believe that that's a good thing, then clearly, they are going to argue that what's happening is a sign of progress.

RIVERA: This may sound crazy, but talking about good things -- inflation is partly a good thing in the sense that it's forcing employers to pay employees more money. So, people are making more money they can demand better pay. So that, you know, that inflates the cost -- the owner has to pass the price on to the consumers.

WATTERS: But the wage gains are being wiped out by inflation so you are not seeing the benefit of that. I remember, to Katie's point, how trump closed in the election. He says, Joe Biden and his radical puppeteers want to turn this country into Venezuela.

What do we have, Geraldo? We have high gas prices, we got high crime, we got corruption, we have empty shelves, political prosecutions, and then I remember how Joe Biden closed his campaign. What did he say? He says, I'm not going to shut down the economy. I'm going to shut down the virus. What did he do? There's been more people that died from COVID-19 under Joe Biden than under Trump. And the economic recovery is sputtering.

So, if I were Joe Biden, I would say, let's bring the factories back from China. Let's stop the reckless spending. Let's close the border. And Joe Biden is not going to do any of that, Geraldo. And that's why he's at 39 percent approval on the economy. 60 percent of the country thinks we're going in the wrong direction.

And I don't see how it gets any better after this no matter how good you talk up the economy. If you're going out shopping, if you're balancing your checkbook, or filling up your gas tank, American consumers don't feel good about it. And that's the point.

GERALDO RIVERA, FOX NEWS CHANNEL CORRESPONDENT-AT-LARGE: And Terry McAuliffe for one, Martha, is very worried about. I got this note. I get the notes from Terry McAuliffe. He says he's flabbergasted. Virginia went big for Joe Biden. And now I'm tied, Terry McAuliffe writes, I'm tied with a Trump-backed culture warrior who's pushing Trump's big lie. I thought folks would be fired up to get out to vote. But at this point, it seems like enthusiasm is at an all-time low, writes, Terry McAuliffe.

MARTHA MACCALLUM, FOX NEWS CHANNEL ANCHOR: Please send $15.00.

RIVERA: Yes, of course.

WATTERS: Geraldo is a donor.

MACCALLUM: Yes. No, I think Terry McAuliffe is looking at this situation and saying, you know, I thought this was going to be easy. This is not easy. The education issue, I think, is the hot button in Virginia that Glenn young can rightly, you know, politically grabbed on to when he said, you know, I don't -- McAuliffe said I don't think parents should be, you know, writing the curriculums.

But the number one thing is the economy. And that's where people live, right? They see --

RIVERA: He think the economy is stupid again.

MACCALLUM: They see -- absolutely. They see what's going on with the -- with the supply chain. And I can think about Rahm Emanuel saying, you know, never let a good crisis go to waste, right? I look at these things as leadership moments. You could go out to the -- go out to the ports, get the National Guard, get those trucks moving, get people driving around and say, look, it's not a permanent solution, but we're going to do everything we can.

Start rearranging where these containers are going. You know, talk to the companies. Sit down with them. You know, they say they have these listening sessions, and they brought in all the stakeholders, people to judge that. And then what happened? Nothing.

RIVERA: They do seem distracted, to Martha's point.

MACCALLUM: And they talk about things that run past where people are, right? They're talking about things and people go, OK, that's fine. You know, that's nice and everything, but that's not what's going on.

RIVERA: This cultural stuff is running past the problem. I just want to quickly make a pitch for my plan to lower the age of drivers of those trucks -- it's been 21 -- to 18, free up a heat pool --

MACCALLUM: Good idea.

RIVERA: -- 18, 19, 20 years old. You got to be 21 to drive those big rigs.

WATTERS: And don't vax-mandate them either.

RIVERA: Vaccine.

WATTERS: They don't actually interact with anybody, Geraldo.

RIVERA: But he has to have some energy to fix the problem.

GERALDO RIVERA, FOX NEWS CHANNEL HOST: Right.

RIVERA: And he seems distracted by a million things.

GUTFELD: He does. That opening of the clip, what did he say? Trump. In fact, he said Trump, I think, 24 times. Once for every time he forgot where he was. He's not all there. And I don't just mean cognitively. I mean, on the job. He's a wounded antelope on the plane. And it's not Republicans who were doing the feeding. It's the hard left.

They see and they know this is a hollowed-out vessel. It's collapsing. You get -- you're going to get the bail reform, the high taxes. It's time to look past this wounded antelope and see the vultures that are circling behind him and above him, because those are the people in control.

RIVERA: They should put Kyrsten Sinema and Joe Manchin in charge of the Democratic Party.

GUTFELD: There you go.

RIVERA: Criminal charges not being ruled out against Alec Baldwin. The stunning new details in the deadly movie set shooting right after this.

(COMMERCIAL BREAK)

MACCALLUM: A big development in the tragic gun shooting involving Alec Baldwin that left the film cinematographer Halyna Hutchins dead and its director wounded. Authorities not ruling out today in their very first press conference criminal charges that could potentially come for any number of people on that set including Alec Baldwin.

(BEGIN VIDEO CLIP)

MARY CARMACK ALTWIES, DISTRICT ATTORNEY, SANTA FE: All options are on the table at this point. I'm not taking -- I'm not commenting on charges whether they will be filed or not or on whom. No one has been ruled out at this point.

ADAN MENDOZA, SHERIFF, SANTA FE: We are working thoroughly to gather all the facts of the investigation, continue interviews and further analyze the process -- and process the evidence.

(END VIDEO CLIP)

MACCALLUM: Police confirming that there was indeed a live round in the handgun that Baldwin fired and they believe that there were additional live rounds around the set. Greg, what did you think when you watched this today?

GUTFELD: Well, I wasn't surprised because we knew that this whole set was a mess. I said this before that if, you know, if we'd stop dividing each other by politics or identity, Baldwin, the producer, could have benefited from the expertise of a genuine NRA instructor.

I'm sure he wouldn't share the politics of that person, but he likely shared the politics of, you know, Annie Oakley Jr. and look where that got her. I mean the so-called gun expert that they had was so bad that she actually freaked out Nicholas Cage. And it takes a lot to freak out Nicholas Cage.

But when you look at her experience, there's no way she should have been near a gun. She had a bad reputation. She -- I mean, if you look at social media, she's a deeply unserious person. And there's a rule you always got to go by with guns and I'm a relatively new gun owner. People who pose with their weapons on Instagram or elsewhere should not ever be near weapons because the desire to pose means that you're more interested and obsessed with being cool than with being safe. That's why a lot of --

RIVERA: What about the Trump sons?

GUTFELD: I don't see them posing with guns.

RIVERA: No, they did with their big rifles.

GUTFELD: No, that's a -- that's a hunting --

WATTERS: He's an expert marksman.

GUTFELD: That's -- and they're hunting. I'm not a big hunter. I'm not --

RIVERA: But I generally agree with that point.

GUTFELD: Oh, well, thank you, Geraldo.

RIVERA: No, I think that posing with guns are --

(CROSSTALK)

MACCALLUM: We had a guy on the show --

RIVERA: They have -- they have -- their anatomy is insufficient. That's why they pose with --

WATTERS: Oh, come on, Geraldo.

MACCALLUM: Oh, come on.

GUTFELD: Oh, come on, Geraldo. That is such a cliche.

MACCALLUM: Moving right along.

GUTFELD: Oh he drives a red car, so that means he has a tiny whatever.

WATTERS: Yes. And we've seen your car, Geraldo.

GUTFELD: It's like a playboy cartoon from the 70s.

MACCALLUM: All right, so we had a weapon specialist on the show today who talked about this gun. And it is a Colt 45 single action which means that it takes two moves. And I know nothing about guns, so if I say something wrong, I know Katie will -- Katie will correct me.

But you have to -- there's two actions. You have to pull the trigger and then cock the hammer. I talked to someone today who said, you know, that should never happen during a rehearsal, first of all. You know, you wouldn't do both of those motions when you're just trying to go through the motions and block a scene and get ready for it. There's a lot down the line here that could be potentially criminally reliable.

KATIE PAVLICH, FOX NEWS CHANNEL CONTRIBUTOR: In the segment that you had on your show today of the guys showing is exactly what happened. It was excellent for people who are not familiar. And I encourage them to find it and watch it.

Out of hundreds of hours that I've had of training at gun site and in other places, I have never been told that there is an accident. There is only negligence. This idea that someone handed Alec Baldwin the firearm and he didn't know that it was loaded -- the number one rule of gun safety is to treat every single gun as if it is loaded. So, this negligence idea is just not applicable if you're really serious about gun safety.

The other thing is the fact that there was live ammunition at all on the set is completely irresponsible when you are having in a movie to point either a prop gun or in this case a real gun, add another human being because you shouldn't do that unless you're willing to destroy your target, another rule of gun safety.

The third thing is Alec Baldwin and everybody on the set that led up to this, the arrogance that they showed and the lack of respect for the capabilities of a firearm and the basic firearm safety is very evident here which led to the death of this young woman and the injury of the director.

And so, at a minimum, you know, you can be charged with negligent discharge just by negligently discharging your firearm. But this idea that somehow there's no responsibility for Alec Baldwin who pulled the trigger, there are no accidents, there's only negligence. And that is completely erased from this conversation.

MCDOWELL: Geraldo?

RIVERA: If I were the Santa Fe District Attorney, I would charge involuntary manslaughter. And I say that with regret because I am an Alec Baldwin fan. I think that he's a terrific actor. But what he did here clearly -- here's the test for involuntary manslaughter in New Mexico. If you're texting while driving and you kill somebody, that's involuntary manslaughter.

It doesn't take grotesque negligence. It takes recklessness. It takes criminal negligence. And I think that clearly in this case it is at least as serious as the guy texting and driving and killing the pedestrian. I think that there'll be at least one charged, maybe three charged. And and as much as it pains me to say, deservedly so.

MACCALLUM: Yes. I mean there were reports that they were doing target practice at night the night before and that that may be how this gun ended up. You've also got people who walked off the set angry that morning which also raises questions that will be addressed in this investigation.

WATTERS: I don't think he's going to get charged because he's a star and he's a Democrat star. And when there's a high-profile case like this, politics are going to get involved. This guy is -- he's a Lorne Michaels guy. He's an NBC icon. He travels in the most elite Democrat Party circles in this country. If he gets on the phone, he could talk to Obama, Clinton, whoever he wants.

The two Senators, New Mexico, Democrats. The mayor there, Democrat. The D.A., I looked into her. Mary Carmack Altwies, hardcore Democrat, ran on restorative justice. She's just dropped charges against a couple guys that broke down a war memorial, all right. They -- she refuses to prosecute drug felonies. I just don't see someone like this in a situation like this where there's a lot of potential Hollywood movies on the line.

You know, if they're going to nail a star like this for a so-called accident which is really negligence, what other Hollywood studios are going to come and shoot in New Mexico? It's -- I think they're going to -- I think they're going to take care of Alec.

MACCALLUM: And I mean, she -- that D.A. claimed that she was going to follow the evidence where it leads and apply it to New Mexico law. So, until that happens, we'll see -- we'll see if she actually does that.

Coming up next, instead of focusing on the issues that Americans care about, in some cases, Democrats seem to want to continue to go back to talking about former President Trump.

(COMMERCIAL BREAK)

PAVLICH: Well, so much for the issues. Democrats proving once again that they truly have no message to run on and instead are obsessing over Donald Trump.

(BEGIN VIDEO CLIP)

JOE BIDEN, PRESIDENT OF THE UNITED STATES: I ran against Donald Trump, and Terry is running against an acolyte of Donald Trump. Donald Trump, Donald Trump, Trump, Donald Trump, Trump, Trump, Trump, Donald Trump, Donald Trump, Trump, Trump, Donald Trump, Donald Trump, Donald Trump, Trump, Trump, Donald Trump, Donald Trump, Donald Trump, Trump.

Is there a problem with Trump being here? Is he embarrassed?

(END VIDEO CLIP)

PAVLICH: Jesse.

WATTERS: Joe Biden should start focusing on America's problems instead of America's favorite president, Katie. I could kind of remember when Barack Obama went after Bush, remember? For two years, we used to knock him hard but at least he could kind of pull that off because you had Iraq in the financial crisis and that's fine.

Joe Biden spent the last nine months refusing to say Donald Trump. He wouldn't even say it. And apparently, the reporting is he doesn't even say it off-cameraoff-camera. That's how much Donald Trump disgusts him personally. And then he goes out to campaign and he can't get Trump out of his mouth. It's lazy and I don't think it's going to work.

PAVLICH: Yes. Martha?

MACCALLUM: Oh, I just think it's a sign that they're very worried in Virginia because they know that they're -- these suburbs are slipping away from them. A lot of these suburban voters wanted just sort of like a calmer, gentler nation, and a quieter Twitter universe and all of that stuff. And now, they're looking at the situation and they're saying, I don't really like what's happened in my schools and the economy is really a problem.

So, they didn't necessarily get that sort of calm rest period that they were looking for. And now, they're you know, they're second-guessingsecond- guessing and he knows that. So, all he can do is like just constantly remind them of what it was that made them vote the way they voted last time around.

PAVLICH: They're addicted, Greg. They need some help.

GUTFELD: Yes. Did it ever occur to you that maybe Trump is the code word to his handlers that he has to go pee? You never know. Look, you know what, the funniest thing about it is --

MACCALLUM: I'm not sure that you'd really go there.

GUTFELD: Oh, yes. Well, you know --

PAVLICH: That explains everything.

GUTFELD: He used to rub though -- as time goes on, it is so obviously clear how superior Trump is as a President and the accomplishments, and I think that's probably driving him a little mad.

WATTERS: Unlike you who just says, I got to pee. I got to pee.

GUTFELD: Pee, I got to pee.

PAVLICH: Geraldo.

RIVERA: If I were the Democrats, I would emphasize the post-Trump presidency, the -- this November 3rd to January 6th presidency.

PAVLICH: They're doing that.

RIVERA: I think that -- but just Trump, Trump, Trump is baloney. They need policy. You have to remember that the Democrats lost most of the House seats. The Republicans had the best ideas. The Democrats need policy. And they need someone to express the policy. And why isn't Kamala Harris doing that?

I mean, they need someone to be vivacious. They need someone to be confident. They need someone to be -- have some great ideas.

WATTERS: Why hasn't Kamala been invited in Virginia?

RIVERA: Has she not?

WATTERS: I haven't seen her.

RIVERA: I thought she went.

MACCALLUM: I think she was.

(CROSSTALK)

PAVLICH: All right, well, we didn't hear much about it which says a lot. "ONE MORE THING" up next.

RIVERA: It's true.

(COMMERCIAL BREAK)

WATTERS: It is time now for "ONE MORE THING." And as a part of Fox News's 25th anniversary celebration, we had a major dedication right here earlier today. Our state-of-the-art Studio F in the heart of New York City will now be known as Studio M in honor of Fox News Channel's founder Rupert Murdoch.

A plaque designating the new name was unveiled in a surprise ceremony this afternoon with Rupert and Lachlan Murdoch. Watch.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: We're standing on what was until moments ago, Studio F, but you know, today we're dedicating this incredible space to you and calling it a Studio M. It's named in honor of our founder. It's really the heart of the Fox New operation between "FOX AND FRIENDS" and Harris, "OUTNUMBERED," Martha and "THE FIVE" and of course, all of our election coverage and our town halls. All that happens within Studio M.

We're inspired by your passion for journalism and for news and it's inspired us the last 25 years at Fox News and for the next 25 years.

(END VIDEO CLIP)

WATTERS: Our CEO Suzanne Scott honoring Rupert Murdoch saying, we are all eternally grateful for his tremendous leadership, unyielding support, and indelible impact. His legacy in revolutionizing the entire media landscape and creating the Fox News Channel will continue to have enduring significance for all who work, visit, and broadcast from Studio M.

It's an honor to be here. And what do we call it?

MACCALLUM: We love Studio M.

WATTERS: Studio M.

MACCALLUM: I love Studio M.

WATTERS: Did you remember that, Greg? One more thing for you to remember.

GUTFELD: Very good, very good. I call my bedroom Studio G.

RIVERA: I thought that was my bedroom.

WATTERS: We have to put an exclamation point.

MACCALLUM: (INAUDIBLE)

GUTFELD: Let's do this.

RIVERA: I love -- I love the Murdocks for giving me a contract.

WATTERS: OK, OK, Geraldo. We'll get to you later.

(BEGIN VIDEO CLIP)

GUTFELD: Animals are great! Animals are great! Animals are great!

(END VIDEO CLIP)

GUTFELD: You know, you ever hear the phrase spirit animal. Well, I finally found my spirit animal, being as someone who is hopelessly neurotic and anxious about everything. Check out this duck. This is basically me most of the time during the day.

MACCALLUM: What's that sound?

GUTFELD: Running around. I'm always forgetting stuff. I'm about to leave. I forget my keys. Then, I come back. Oh, I got my got my wallet, then I leave. Oh, didn't bring my mask. I got to wear my mask. This is me every time I leave to go to work.

WATTERS: I think that's more like your assistant than you are.

GUTFELD: You do not assistant shame me, good sir. I don't have my assistant tail me wherever I go. Johnny?

WATTERS: He's a bodyguard.

MACCALLUM: I'll show you someone who's tailing this guy wherever he went. Look at this video.

RIVERA: Is that a shark?

MCDOWELL: That's an effing alligator.

WATTERS: No.

MACCALLUM: Seriously.

PAVLICH: No, no, no.

MACCALLUM: So, you're not supposed to swim in this lake in Brazil because it's filled with, guess what, alligators.

PAVLICH: Oh, my gosh.

MACCALLUM: This guy said, I think I'm just going to give it a shot, right?

WATTERS: Oh, my God.

MACCALLUM: And he did get bitten on the arm. I think he was in shock because -- look at this thing. Oh my goodness.

RIVERA: What a dumbass, excuse me.

WATTERS: Geraldo.

MACCALLUM: So, he's OK, you know. But -- and I don't understand why the alligator backs off at that moment. Maybe he didn't -- you know, maybe he didn't taste that good.

PAVLICH: Oh, my gosh.

MACCALLUM: Lucky for him.

WATTERS: I think you just wanted to show that because the guy had his shirt off, Martha.

MACCALLUM: That was my motivation, absolutely.

WATTERS: Katie.

PAVLICH: All right, well, if you have --

RIVERA: If you think that's something, wait a second.

WATTERS: Geraldo, not in the Studio M, all right. Not here.

GUTFELD: Don't defile this place.

MCDOWELL: All right, well, if you have an extra $680,000, I have a ride for you. There's a new hoverbike available which is basically a motorcycle on top of a drone. It flies for 40 minutes up to 62 miles per hour. It is produced by a company in Tokyo called ALI Technology. I think that the FAA may have a problem with it. It's a hybrid. It gets power from a conventional engine and four electric motors.

But apparently, according to reports and people who tried it out, it's really, really loud, so it might not be worth the $680,000 quite yet. But looks pretty fun if you just got an extra couple of dollars laying around.

WATTERS: Oh, what a shame, Geraldo. We ran out of time.

MACCALLUM: Just say your --

WATTERS: We got to go, Geraldo. I'm sorry. I'm so -- he's so upset. He's so upset.

RIVERA: It's such a great finale for it.

MACCALLUM: But Studio M.

WATTERS: That's it for us. "SPECIAL REPORT" is up next with Bret.

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