'The Five' on COVID mandates, Ukraine war and NATO

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Jesse Watters claims COVID mandates are 'over'

'The Five' panelists react to Democrats distancing themselves from mask mandates.

This is a rush transcript of "The Five" on March 23, 2022. This copy may not be in its final form and may be updated.

JESSE WATTERS, FOX NEWS HOST: The Supreme Court nomination hearing happening right now on Capitol Hill and we'll have more on that later.

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

President Biden touching down in Europe for an emergency meeting with NATO allies in an attempt to put more pressure on Vladimir Putin. Russia continuing its brutal assault on Ukraine but it comes with heavy losses. NATO's top commander now saying that Russia may have lost as many as 15,000 troops so far. Biden now fearful that a desperate Putin may escalate his attacks even further.

(BEGIN VIDEO CLIP)

UNKNOWN: What would you like to say to European partners?

JOE BIDEN, PRESIDENT OF THE UNITED STATES OF AMERICA: I'm going to say that to their face. I'm going to say all I have to say. I'm going to say when I get there.

UNKNOWN: How concerned are you about the threat of chemical warfare right now, that Russia may use chemical weapons? How high is that threat?

BIDEN: I think it's a real threat.

(END VIDEO CLIP)

WATTERS: But the threats don't end there. Putin's own spokesman refusing to rule out using nuclear weapons against Ukrainian forces.

(BEGIN VIDEO CLIP)

DMITRY PESKOV, KREMLIN SPOKESPERSON: We have a concept of domestic security. And, well, it's a public, you can read all the reasons for nuclear arms to be used. So, if it is an existential threat for our country, then it can be used in accordance with our concept.

(END VIDEO CLIP)

WATTERS: Did you enjoy the president, Greg, coming out to the cameras and giving that statement?

GREG GUTFELD, FOX NEWS CO-HOST: You know, I can't answer that. I'm not an expert on war. I was channeling to Judge Jackson.

WATTERS: Very good.

GUTFELD: Yes, I think it's fair -- I'm going to do that every block so I never have to prepare. You know what, I don't know what's going on. We need to have an expert here right now. Where is judge -- where is General Keane?

First off, they are calling these emergency talks. Then why are they -- why were they -- why were they -- what happened three weeks ago? I mean, this was an emergency a long time ago. We waited so long it could have occurred before the war because we could see it coming. We knew there were problems. Those troops are amassing since April of last year.

I'm going to go back to what I said before and you echoed it, which was Trump was pretty good at the stuff. I mean, we have examples from North Korea, even to Mexico trade talks, China, Canada. He knew that you don't do all carrots and you don't do all sticks. I don't know what the ratio is. I think it's like one stick to one carrot.

WATTERS: No one knows.

GUTFELD: No one knows, but Trump always did, you know, he said the nice things and then he did the tough things. But you don't wait until a country is rubble and you have four million refugees, you know, out, you know, around, it's a sad state of affairs. I don't know.

To think about the Russian side, we tend to rule things out, they don't rule things out. You know? That's their thing. But I don't have confidence in Joe. I don't think he has an original thought. He might -- he is good at saying good job to other people in the room but he can't just say, come on, man to Putin when he's not even there or he doesn't take your calls.

So, I think the one thing he's got to say, this is when my expertise comes in, stick to one essential truth. The invasion was a clear violation of international law. Don't start talking about protecting liberal democracies because places like China and Russia they don't draw that line. It's not that important to them.

WATTERS: Yes.

GUTFELD: But they do understand violation of international law. You can't get around that statement.

WATTERS: Borders.

GUTFELD: Borders. Rights. Sovereign countries, blah, blah, blah and don't bring up regime change. Just say, you know, I think that would be a good start but I'm not an expert. I think we need to get an expert.

WATTERS: Dana, you are an expert.

DANA PERINO, FOX NEWS CO-HOST: I don't know, I'm not an expert either. And I don't know what's going to happen.

WATTERS: Yes.

PERINO: I don't know like cases are going to become -- become in front -- in front of the court so I can't answer anything.

GUTFELD: Yes.

WATTERS: Do you think he is going to go over there? You always talk about when you over and do these trips having deliverables. What will be the deliverables when he touches down and does this big meeting?

PERINO: Well, one thing was, so when they were discussing the possibility and Poland wanted to send the MiGs to Ukraine to be able to use. That apparently was signed off by Blinken. Kamala Harris was going to go and make the announcement and it was going to happen and the night before or day and a half before, Biden changed his mind.

Now that might be fine and we might look back and say he probably, maybe that was a good decision. But they sent her there was nothing and then she didn't have a great performance, but that's typical, so then she has nothing to say -- to deliver.

It is interesting how he wants to be the leader of the free world, but he's also been in the backseat. He was dragged into the sanctions by Europe and by -- and then by Congress, right, on the oil part of this equation. So, what do they deliver here? If they can deliver some sort of way to say we have intelligence that says Putin is going to draw back and say that partial victory because they're not going to be in NATO. Is that a way to end things? OK, fine.

If Ukraine says if that happens, we got to have some sort of security guarantee for our people so we can rebuild this place, can Biden to that? Yes, maybe, that might be something he could do. And then the other thing that they have to do is figure out a way to collect more intelligence on Putin's plans because that is actually been something that our intelligence community has done very well.

Penetrated into the Kremlin and they are confused, they are not sure who is telling people what and so I will continue to try to drive that wedge if they can, I'm not talking about regime change but letting the generals know that, like we're on to you and you are losing these many people and it could even be more than that.

WATTERS: Do you think the Russians have little spies that are going to be scurrying around this NATO meeting, Judge?

PERINO: Interesting.

WATTERS: Like the waiter?

JEANINE PIRRO, FOX NEWS CO-HOST: Well, that's what they --

WATTERS: A Russian comes over with some Perrier, he's listening to everything?

PIRRO: Probably, that's what they do.

WATTERS: Yes?

PIRRO: That's what they do. But look, I saw pictures of Mariupol today. And it looks like it's completely devastated. And I couldn't help but think, and this is to Greg's point. You know, here we are four weeks into this. And now, all we've heard is Biden talk about the fact, they are going to use chemical weapons. There's going to be a cyberattack. There's going to be nuclear weapons. And it's all about what Putin is going to do.

But then we say, look, we don't want to get involved. I understand that. We don't want to get involved, but at the same time, you could have been delivering a message of, hey, buddy, --

PERINO: Yes.

PIRRO: -- we got the same things that you have. And pushback with, you know, we can do the same kind of thing. We've got offensive stuff to do too, as opposed to saying everybody, he's got all this stuff and you better run under your desk right away.

And you know, when we're not looking, they are not looking to have us have boots on the ground, but I still don't understand. And the sad part is when I saw Mariupol today, why not the S-300, why not the Patriot? And someone said, I hosted Laura show last night, and someone said, well, you don't know, they may already have the Iron Dome there. And so, it doesn't look at --

WATTERS: He'll have that.

PIRRO: -- the place is being destroyed. And so now the demand and the final shoe that's going to drop is famine. Ukraine provides 40 percent of the world's wheat? We got four million refugees, there is no heat, no water, no food, no wheat, now what are we going to do? Go over there and just look at Putin, and say, gee, you know, he can't do this anymore?

We got to provide money to rebuild, we've got to take care of the refugees. Maybe a world global famine now out in terms of food? And I keep going back to my thought which is this, get the NATO country to stand there with Zelenskyy with three leaders every day. Get the pope.

If Pope Francis is upset about it, Pope, with all due respect, stand there with Zelenskyy. Get the Russian patriarch the great Orthodox Church, as well as the head of the great Orthodox Church. Have them all stand there in one place.

WATTERS: Part of me thinks that the west wants this proxy war to kill Russia finally because it doesn't look like they were making that big of an effort to cut a deal and make Putin leave and save any face whatsoever. It's all about sanctions and just grinding him down.

JESSICA TARLOV, FOX NEWS CONTRIBUTOR: I don't know. It seems like a pretty tremendous effort has been made. When you consider the fact that the Russians have lost 15,000 troops so far which is more than they lost in the war in Afghanistan. They have soldiers regularly turning themselves over to the Ukrainians. They're suffering from frostbite, they're frozen. They don't have the appropriate equipment to do this.

The sanctions have been incredibly difficult, obviously for the everyday Russians but have hit a lot of these oligarchs who apparently turning left and right on Putin. There was a rumor I don't know if it has been confirmed yet, that one of his very high-ranking generals has actually turned around and said I'm not interested in this.

And in terms of real on the ground deliverables, Jake Sullivan was briefing the press on the plane heading over to the NATO summit. He said that the U.S. is coming with more humanitarian aid which is something they desperately need, and also refugee assistance.

And that's where I feel like the U.S. has dropped the ball in all of this. It's something insane like only 11 Ukrainian refugees have been allowed in since this war started. They're only basically letting people who were here before the war started stay. And that's a huge dereliction of duty. You cannot have what's going on with Poland, whether taking millions and millions and millions and not step up to the plate there.

Calling it a war crime, big deal from Secretary Blinken today. And also, I wanted to mention that Madeleine Albright passed away today as well, which is incredibly sad event. I don't know, I was thinking of Blinken talking about war crimes and then Madeleine Albright have been through.

Anyway, I think that we are doing a lot. And I think that the intricacies and how complicated this is to unite western countries, we all say we're united. We're all democracies. We are very different types of countries who get our gas, our oil, our food from very diverse places. And I think that Biden is doing a hell of a good job actually in keeping the wheels running on this. And we'll see what he says at NATO but the Ukrainians are getting a lot of help from us.

GUTFELD: We should send them to our southern border.

PIRRO: Yes, let them in.

GUTFELD: Yes.

WATTERS: Let them right across.

GUTFELD: Let them right across and then we get them on the planes, right?

WATTERS: Yes. Give them some cash.

(CROSSTALK)

PIRRO: Fly them in --

PERINO: I read this story last week that the Ukrainians that were there that went to the border were allowed -- were being allowed in and the Russians were not.

GUTFELD: Jesus.

WATTERS: Very hypocritical. Straight ahead, it's the media Supreme Court protection plan. The press rushing to bash Republicans and praise Biden's nominee.

(COMMERCIAL BREAK)

PIRRO: Judge Ketanji Brown Jackson back for another marathon round of questions today on Capitol Hill. Jackson being pressed by Lindsey Graham about her sentencing in child pornography cases.

(BEGIN VIDEO CLIP)

SEN. LINDSEY GRAHAM (R-SC): You think it is a bigger deterrent to take somebody who's on a computer looking at sexual images of children and the most disgusting way is to supervise their computer habits versus putting them in jail?

KETANJI BROWN JACKSON, U.S. SUPREME COURT NOMINEE: No, Senator, I didn't say versus.

GRAHAM: That's exactly what you said. I think the best way to deter people from getting on computer and viewing thousands and hundreds and overtime may be millions of a population of whole of children being exploited and abused every time somebody clicks on is to put their ass in jail.

(END VIDEO CLIP)

PIRRO: But don't worry the mainstream media has already rushed to Jackson's defense as lashing out at Republicans for daring to ask the judge questions about her own record.

(BEGIN VIDEO CLIP)

JOY REID, HOST, MSNBC: The word I would use for Tom Cotton was thuggish. I thought Lindsey Graham was screaming and weird. Josh Hawley, ridiculous.

UNKNOWN: I mean, quite frankly, it looked like I saw Ted Cruz commit a hate crime.

UNKNOWN: That line of questioning which was so grotesque from Lindsey graham.

UNKNOWN: Republican grievance signaling, RGS.

DON LEMON, HOST, CNN: It's amazing to watch someone who is a, quite frankly, an intellectual giant be questioned by people who have really no idea about the law.

(END VIDEO CLIP)

PIRRO: All right. So, you know what, I'll start with you, Greg.

GUTFELD: Yes.

PIRRO: The judge in a further explanation of her going under the guidelines for child pornography said, you know, the fact that it's on the internet, which most judges would see it as an aggravating factor and the statute says you can consider it as an aggravating factor, she doesn't think it is.

She said because, you know the statute was drafted before the internet. What I find so incredible is that she is so willing to look for every excuse she can to get out from under sentencing guidelines as it relates to child porn. And the more we dig into this, the more it's clear that she would rather have a probation officer check a guy on his computer than put him in jail when the guidelines recommend jail.

GUTFELD: I would say she is soft on crime. Did I answer that question?

PIRRO: Yes.

GUTFELD: Thank you very much. I want to talk about Don Lemon referring to Judge Jackson as an intellectual giant. To be fair, compared to Don, a plastic garment bag just screaming in the wind isn't intellectual giant. Yet the media is so much in the tank for this candidate, they should wet suits and snorkels.

WATTERS: I like that.

GUTFELD: But to be fair, this whole, this is how it works, right? There is a lot of grandstanding. One side of the media becomes the critics and the other side becomes their cheerleader. And then it switches and then, you know, we become nicer and they become angrier.

But we were told by the media, that this would be a historic choice, right, after all she is a black woman. But how do you know that she is? The media, they are not biologists. We need to employ a biologist to check every historic choice that is based on identity. I have no idea if Judge Gorsuch is actually a white libertarian, do you? We have a Black female.

WATTERS: It could be.

GUTFELD: We need a biologist to check the stuff.

PIRRO: All right.

WATTERS: I'm not a biologist.

(CROSSTALK)

PIRRO: So, let me go right --

GUTFELD: Jessica got to throw up --

PIRRO: Let me go right to Jessica with that. You know, I really thought that, you know, she ideologically, she first into the court, she's replacing Breyer. And then all of a sudden, she's asked by Senator Marsha Blackburn to define what it means to be a woman. And she basically said she can't. And then thinks, and she says, I'm not a biologist. What's the problem there?

TARLOV: Well, Marsha Blackburn was on earlier today with John Roberts and he asked her to answer her own question and she would say I am a woman. I am a female. Now, Judge Jackson certainly could have gotten that answer up. But that wasn't what she's after.

(CROSSTALK)

PIRRO: But she didn't.

TARLOV: But it wasn't what she was after. It was a got you question because she wanted to talk about Leah Thomas and she wanted to talk about trans athletes. And Judge Jackson, rightfully so, I believe did not want to get in the dirt and have that fight with people --

(CROSSTALK)

PIRRO: How is that dirt?

TARLOV: How is --

PIRRO: That maybe the case that they may decide? How is that dirt?

GUTFELD: And it's in the water.

TARLOV: It's a squeaky-clean example. It was playing into Marsha Blackburn and the fact that she showed up and did not have a good answer prepared. Because I know that you would want more than that. What she wanted was Judge Jackson to say something about born biologically female, that someone who is born with a vagina, whether they then transition and become a man later in life, someone with a penis.

PERINO: But it's kind of interesting that she -- that Judge Jackson said we need -- I'm not biologist. Because is it about biology? I thought maybe it's not about biology. I thought that's what we were talking about. I mean, we all know what was going on there.

TARLOV: Right.

PERINO: And that --

(CROSSTALK)

TARLOV: And she didn't want her hearing to turn into screaming matches about the war culture points --

(CROSSTALK)

PIRRO: So, we're going to give her -- we're going to give her credit for not answering a question?

TARLOV: I actually think that with the hearings that we have seen recently, yes, I want to give her credit for not degrading herself to having a fight about these woke culture battles, yes. I do want to give her credit for it because I have full confidence that Judge Jackson thinks that people who watch child porn are bad people and --

PIRRO: Well --

TARLOV: -- that she could muster and answer of I would say I'm a woman, I would say I'm a female.

PIRRO: Yes, but she didn't, and that's the problem. Because she didn't have the cajones obviously which is Geraldo can say --

(CROSSTALK)

PERINO: Well, we should ask a biologist.

PIRRO: Yes.

PERINO: I mean.

PIRRO: I mean, and even child pornography, I think it's despicable but I'm going to go under whatever the prosecutor says, whatever the statute says.

(CROSSTALK)

TARLOV: But she --

PIRRO: Because the internet wasn't there. Well, the internet was there. But Jesse, why don't you finish this up.

WATTERS: If that's a got you question, what is -- are you are rapist? That seems like a got you question to me. She should have been able to answer that question, Jessica.

(CROSSTALK)

TARLOV: Do you think anyone --

WATTERS: Anybody can answer that question smoothly. If she is that brilliant, spin it. Say, you know what, I was born a female because I have biological female parts but this is a complicated issue now in the United States of America and gender is influx because of this and that and the other thing.

You're done and then that's how you scoot through.

TARLOV: Next up is --

WATTERS: The fact that she couldn't answer that question it makes me think maybe she's not as brilliant as everybody says she is because that's a slam-dunk question and everybody knows it.

I also don't like this thing. The Democrats breathed fire at these Republican nominees, really nasty stuff. But someone ask her what the definition of a woman is and the media rushes in and starts giving chest compression, they were like, they're trying to save her from near death.

These things are so stacked. You had Republican nominees accused of rape, sexual harassment, bigotry, racism, sexism, everything. And Democrats don't even give them like a little sympathy vote. All of these things are so over on the other side.

GUTFELD: Right.

WATTERS: It's crazy.

PIRRO: All right, Dana.

PERINO: Well, I just wanted to add, I was going to make some media bias point but you did it so well. I am going to leave that there. I don't think that -- I don't think that they prepared well enough for this child porn issue on the Democratic side or at the White House when they were doing the mock hearings. I don't think they saw it coming and I don't think they're handled it all that well. I think that there are a lot of people who say obviously this is ridiculous and the Republicans are blowing this out of proportion.

However, parents aren't going to see it that way. They're not going to hear it that way and parental involvement in their children's lives is the a, number one issue in all of these swing districts and the swing states. So, let's just say you're in a tough district and you thought you were going to run on the fact that Joe Biden had just nominated and confirmed to the Supreme Court the first black woman and this is going to be something to be celebrated. It is.

However, you also know you are going to have to take a tough vote because now you are going to be labeled as soft on crime just like Judge Jackson. That's how those ads are going to run and this is going to play well into the midterms.

PIRRO: Well said, well said. All right. Next, Democrats are following the political science in changing their tune on COVID mandates.

(COMMERCIAL BREAK)

GUTFELD: Warnings of a red wave seemed to have scared the White House into shifting its COVID messaging. The administration planning to no longer look at cases when recommending masks, and will instead focus on hospitalizations and deaths.

And to no one surprise, the party seems to be pivoting against the mandates that they once championed. The Dem in charge of midterm messaging now saying it's completely over mask mandates. And comedian Bill Maher warning that his party, the Democrats have gone too far.

(BEGIN VIDEO CLIP)

BILL MAHER, COMEDIAN: California has got to get its arms around this issue. I mean it just does. What, first of all, we know there has been exodus from this day and that's part because of high taxes and it's partly because piracies and it's all year around, but it's also because people can't (muted) do anything.

(END VIDEO CLIP)

GUTFELD: Jesse, Bill Maher sounding more and more like me, which I'm OK with.

WATTERS: Yes.

GUTFELD: He influenced me, now I'm influencing him.

WATTERS: You think so?

GUTFELD: This all come full circle.

WATTERS: Has it?

GUTFELD: Yes, we go to bed and breakfast now and against. That's all right.

WATTERS: OK. Do you go to bed?

GUTFELD: No.

WATTERS: And breakfast.

GUTFELD: Yes, after breakfast.

WATTERS: I get nervous about something --

GUTFELD: What?

WATTERS: -- when we say the word red wave.

GUTFELD: I know.

WATTERS: Let's not say that.

PIRRO: Yes.

WATTERS: Let's not jinx ourselves, ourselves.

TARLOV: I'm not part of your group.

WATTERS: So even the airlines aren't taking mask that seriously anymore. I flew to Florida and back over the weekend. I didn't even have a mask to get down there. I had to ask Johnny to get me a mask. So I had one of my pocket, I get to JFK, and I don't even put it on. That's my new thing. I don't put it on until someone tells me to put it on. And no one told me to put it on until we actually boarded the plane. So I kind of was putting mine on and Emma didn't put it on at all. Not very compliant. And she was scolded, but gently.

And then when we sat down, we put it on for takeoff. And then we, you know, you nibble it your peanuts, and you take your drink, and that's the scam and they don't remind you the whole flight.

PERINO: Why are you telling me that's a scam.

WATTERS: No, I've mentioned the scam before. So I trashed it when I get to Fort Myers and then you're good for the rest. So I'm back in Fort Myers on the return trip. I find that it's all crinkled up in my pocket. I don't put it on, until I get on the flight. I did put it on for the Delta lounge because I wanted to make a good impression. But when I get onto the flight JetBlue was a little bit more persnickety.

They are and it wasn't a personal announcement. It was the over the intercom announcement. I felt I was being targeted because I was in the first row and they saw me but again, you put it on then you cheat with the peanuts and then you throw it away when you land in JFK. This thing is over.

GUTFELD: Do you know what I love? I love laugh -- I love laughing at people who are leaving a flight and leaving the airport with their mask on. You can take it off the moment -- the moment the doors open and take it off because what are they going to do? Kick you out? You won't be right. So that's means 50%, 50% of the people in the airport do not have to wear masks because they're leaving. They get off for God's sake.

PIRRO: So used to wear it all the time. I agree with you. I think JetBlue is a lot more persnickety.

WATTERS: They are.

PIRRO: But Delta is wonderful about it.

GUTFELD: I disagree. Delta -- I had a flight attendant that was a complete prison guard.

PIRRO: Well, that -- prison guard?

GUTFELD: Yes.

PIRRO: Well, maybe she knew you from your other line.

GUTFELD: That's true. I smuggled in a lot of things.

PIRRO: OK. You know what, you know, what's crazy about this? I just want to say one thing. Like, three months ago, if we didn't have a mask on, we were killing granny, right? And now because they see that the Republicans, I won't say red wave. We may be ahead, they're like, oh, forget about it. No, there's no problem. No stress. Hey, it's a free country.

GUTFELD: Yeah, it's true. You know, Jessica, that's the problem. I've said it before. It's got to be weird to be at a party that only makes choices based on the political ramifications, as opposed to right and wrong, Jessica. You should be ashamed of yourself.

TARLOV: Yes, Democrats are the only ones who want to win elections at any cost. There has been new information that has come in, in the last few months beyond the polling of a potential red wave. And that's what happened during Omicron in terms of how many people were dying from it versus getting it and how important it's give you people out of the hospital versus having it and I did have it a few weeks ago, and it felt like I was legitimately sick, I'm vaccinated, boosted. I didn't have to go to the doctor or hospital about it. But the person I think has been the most interesting on this is the governor, the Democratic governor of Colorado, Jared Polis, because after the first wave of mask mandates went away, he never brought them back. So everyone was bringing them back for Delta and then for Omicron. And he just said, no, it's done here. He had never understood outdoor mask mandates. And actually gotten a little fight with the governor of New Mexico, because New Mexico brought the mandates back, and he just said, I don't see the science behind this.

And then they had basically equal numbers of problematic cases as New Mexico. And he just said, there's your evidence for you where --

PIRRO: It doesn't work?

TARLOV: It doesn't. I think that it did -- it did work. And I don't want to say that what people did at the beginning when we didn't have a vaccine for this. And when people were dying, and we saw the 970,000 people that have died, belittling it down to, you know, peanuts, and like a joke is, I think, doesn't --

GUTFELD: How dare, yes. By the way. I mean, we've been talking about this forever, Dana, that it should have been about hospitalizations and deaths, you know, and we're still asking little kids in New York.

PIRRO: This is an outrage. It is outrage.

PERINO: Yeah, the health guy was like, you're not going to wear masks forever. Thankfully, Mayor Adams like actually no.

GUTFELD: Yeah.

PERINO: They are not going to have to do that, made it optional, but I thought this was great. Matthew Foley of the Free Beacon. He went into it all of Capitol Hill, and he found out that none of the Democratic offices in the House and Senate are operating, none, none. OK, so they are continuing to use this COVID thing as an excuse so they can work from home and work my district.

I have to tell you this, Catherine Cortez Masto, she is a senator from Nevada, Democrat in a swing state. She's got a tough race coming up. She has a sign on her door that says this, cleaning not necessary, because no one's there. And I think the Democrats they've realize like they've got some problems here. And it's not just mask mandate.

WATTERS: But the numbers are going up, Greg, and I think this summer if we have to go back to boxes, I think we should go back.

PERINO: On Fridays at least.

GUTFELD: Fridays at least. Yes, we're all going to be doing THE FIVE from our homes again. That was fun, huh.

All right, coming up. An 87 year old vocal coach dead after a random attack on the streets of NYC with a suspect stood around and watched as the ambulance came crazy.

(COMMERCIAL BREAK)

PERINO: Horrific, new details in a murder case, 26 year old Lauren Pazienza, excuse me, charged with manslaughter after allegedly shoving an 87 year old vocal coach from behind in an unprovoked attack. Prosecutors say that after pushing the victim to the sidewalk and leaving her there bleeding from the head, the suspects spent almost a half hour in the area and even watched as an ambulance came to help. Pazienza turned herself in after fleeing to her parents' house on Long Island for two weeks and deleting all of her social media accounts. Judge, what is going on here?

PIRRO: Well, OK, she's charged with manslaughter in the first degree, which means that she intended to cause serious physical injury and the woman died. Now, the tide turns. We don't know what caused this. What instigated it, not as though, it's not like there's a justification. But the witness cyclists who saw this apparently saw this Lauren, cross the street, the 26 year old and then call her name that began with B and then shoved her from behind.

The Prosecutors allege that they -- she shoved her from behind, the 87 year old victim falls and almost bleeds out, ends up dying five days later in the hospital. This Lauren, the 26 year old, the tide turn, when she didn't go to help her. She didn't call the police. She instead has a fight with her fiance seven minutes later, she stands in the background like any criminal or returns to the scene of the crime, watches the ambulance come, does nothing and does all of that stuff which shows consciousness the guilt.

So here's the question, will she be convicted of manslaughter and the second degree for which, you know, she faces a manslaughter, first, she faces 25 years, possibly. But the jury is going to be asked is a push enough for death. She's not charged with murder, they may end up with a crim neg. I'd like to know what's wrong with this 26 year old, what her motive was. But anyone who understands criminal law knows the motive is irrelevant. She pushed her, she shoved her. The woman died. That's the clear and tenseless she shoved her. And, you know now the defense attorney Arthur Aidala who's excellent, guy's brilliant. He's saying, you know, she shouldn't even be, you know, in jail. She apparently is going to be bailed on a half a mil.

PERINO: OK, because, well, partly because her parents can help her out. She went up to her parents' house. She was hiding for two weeks, and she deleted all of her social media.

TARLOV: Definitely looks like she was involved in this. And I also don't have any kind of legal background as the judge here. But that question of you know, is a push enough, doesn't -- it matter if the person died from the push?

PIRRO: Well, yeah, you take you take your victim as you find them. So if you push the 30 year old guy, he might not have died, you push an 87 year old woman, she die. But you pushed her and that is a homicide. That's why that's a manslaughter. This is definitely a manslaughter. We're not charging over the assault. You know, the question is, I mean, it's just take a baseball bat to hit her. That's intentional murder.

PERINO: Right. But the thing is like, so in New York, we've had this surge in crime. And Greg, we've seen some of these cases, like, the woman gets pushed off the subway, and it has, in a couple of the cases, it's been a homeless man or somebody who isn't mentally ill, and deranged and maybe let out of prison and is hanging around there without bail. This is very different.

GUTFELD: I think that's why it's so -- we're so curious about it because the perpetrator, it doesn't fit what we've seen over and over again, which is an unhinged homeless male. That's all it's been happening. But I was wanting I have a question for the judge. Because like, in this case, it seems like the odd the object of the assault, the woman dictates the severity of the crime. It's like if she pushed Jesse or me, we would have been like, what's that? Right. But she puts a female in her late 80s. And that in her push then becomes like the murder weapon. Is that going to be part of the defense that it's like --

PIRRO: Absolutely.

GUTFELD: Yeah.

PIRRO: What we have in our criminal justice system is the mens rea test. What is the intent of the individual? And that's what, you know, you always try to tell jurors when they come back and say, well, how do we know what the accused intent was? You determine it by the circumstances or, you know, how they handled themselves. But it's not just the resulting crime. It is, you know, you've got to get in her mind.

PIRRO: All right, Jesse, any thoughts here?

WATTERS: You want to know what my biggest fear is?

PIRRO: What?

WATTERS: Punching someone in the face, they fall and they crack their head open and die.

GUTFELD: That's your big --

WATTERS: That is my biggest fear. Because then you're now looking at a long time in prison.

PIRRO: I had that case when I was DA, kids in a drunk -- they were underage drinking. Friends, one punches the other, hits his head and dies.

WATTERS: What happened?

PIRRO: A nightmare. They came back -

WATTERS: Two charges?

PIRRO: No, they came back with an assault to because he didn't intend to kill him.

WATTERS: Well, why did she get this then?

PIRRO: Because it was a shove. And it was --

WATTERS: She's 86.

PIRRO: Yeah. And you take her how you find her? I mean, she's definitely frail. I mean, these are two kids in played football.

PERINO: Is there any indication that she -- that the perpetuator knew each other?

PIRRO: That they knew each other? No, we don't know that. It's strange.

PERINO: Because he did call her something. happened beforehand. Like she calls her a name and then she --

WATTERS: The B word.

PIRRO: But she crossed the street. That's what the witness said, the 26 year old across the street.

PERINO: To get to her.

PIRRO: Get to her and call her name. Who knows?

PERINO: All right. Thank you, Judge. We're glad you're here with that expertise, so right ahead more drama for Kamala Harris, yes, we have more. New details about the growing rift between President Biden and his VP.

(COMMERCIAL BREAK)

TARLOV: New reports of friction between President Biden and VP Harris, the latest claims from a new book detailing how Harris felt disrespected when White House aides would not stand for her as she entered a room like they normally would for Biden.

And the Vice President was reportedly furious over the photo that Vogue used when she was featured on the cover wearing Converse sneakers. But Biden's team told her to back down because it was, "a first world problem." We don't have a ton of time. So I'm going to lead with the example I care about most which is the Vogue cover. And I agree with her on this. I don't know Dana, what you think?

PERINO: I don't -- I know, here's the thing. She posed for the photograph in the outfit. And I know that they were -- oh yeah, we'll probably use the other one whenever they maybe they thought they had assurances but when you don't -- you don't control the editorial of the photoshoot, you don't. So if you don't want to be filmed -- and just wanting photographed wearing your sneakers on the front page of Vogue don't wear them, don't ever do it and that you could blame her staff if she wants to blame somebody else. Don't blame Anna Wintour, whatever. She should blame her staff. If you want to look a certain way you have to dress a certain way.

The other thing is, I don't -- I'm just trying to remember, I don't believe that you stand for the Vice President when he enters the room. I know -- I don't, I love Dick Cheney. I don't believe we ever did. If it was -- if it's just him if the President's coming in with him. Yes, you do. But no, I don't think so.

TARLOV: Judge?

PIRRO: Couldn't agree more if you don't want to be photographed in converse and that the pants suit. Don't put the man for the shoot. Don't pose for the shoot. Tell him I'm not wearing this. I've done that before. You say no, I'm not wearing this. OK. And nobody needs to stand up for you. You're not that important. That's enough.

TARLOV: Well, she's kind of important -- she's like second most important in the world.

PIRRO: Well, no but she -- nobody in the White House is standing up for her, she's upset that they're not.

PERINO: I'm pretty sure they didn't stand for Joe Biden when he was Vice President.

TARLOV: Right, would you stand?

GUTFELD: No offence, Jessica but this is when I wish Geraldo was here. Because at this point, he would go, when I was on the cover of Playgirl and they show the cover of Playgirl. He goes, I was shirtless, and I wore these leather chaps. I didn't want to wear the leather chaps. I wore them anyway, but I didn't complain because it was a decision I made with the leather chaps.

TARLOV: Well, good news, Geraldo back next week, you can feature the story again. Or he could go topless. Jesse?

WATTERS: Thank you for putting Geraldo a leather chaps in my brain. Nobody is right. You know, you don't go nude for a photoshoot. If you don't want your whole naked body on the cover of Vogue or Playgirl?

GUTFELD: Yeah.

WATTERS: Yeah, and Anna Wintour is usually right. Isn't she always right about everything? So you don't argue with Anna. My favorite thing about this thing --

TARLOV: I don't argue with Anna

WATTERS: The VP staff floated the idea of maybe starting to oversee relations with the Nordic countries. Maybe some low risk. Nordic countries instead of the Nordic -- the Northern Triangle. She wanted to go to Oslo and Copenhagen. Yeah, to start off slow.

PERINO: I saw that.

GUTFELD: Which is started with Nordic track.

PERINO: What were their issues that she was wanting to deal with? I don't understand.

WATTERS: Yeah, yeah. And apparently the White House laughed at that.

TARLOV: OK. I still think that that photo should not have been on the cover and it could have been embedded in the shoot. It could have more serious.

PERINO: The thing is, I would own it, would be like, I look good and converse.

TARLOV: Well, she does but that --

PERINO: It's complaining.

TARLOV: All right.

PERINO: She own it.

GUTFELD: She's on Vogue. Come on.

WATTERS: OK.

PIRRO: Melania Trump was.

WATTERS: Yeah.

TARLOV: One more thing is up next.

GUTFELD: Exactly.

(COMMERCIAL BREAK)

WATTERS: It's time now for One More Thing. I'm going to go first with the feeding frenzy. Lester's Fixins Variety, he's got a whole variety of soda pop. I tried, I said soda pop. Flavors: peanut butter and jelly soda, beacon soda, ranch dressing soda, sweet corn soda, buffalo wings soda and pumpkin pie soda. I'm going to begin with the sweet corn soda.

GUTFELD: Oh, geez.

WATTERS: Oh god, it's like syrup.

PERINO: I'll try the peanut butter and jelly. But I brought, so I'm going to try the ranch just because I'm dying to see somebody's face after they drink that.

WATTERS: Man, I can't. It smells stronger than it tastes. You guys have to try some buffalo wings. You want some buffalo wings soda, Judge?

PIRRO: No.

WATTERS: Come on. Play along.

PIRRO: I won't do it.

WATTERS: Play along, Judge.

PERINO: Just smell it, just smell it.

PIRRO: Pumpkin pie.

WATTERS: Pumpkin pie soda.

PIRRO: I don't like pumpkin pie.

WATTERS: Pumpkin pie?

PIRRO: Anything sweet.

WATTERS: All right, some Pumpkin pie.

PERINO: Give the bacon one.

WATTERS: All right, Greg gets bacon. Jessica get ranch.

GUTFELD: It's all right, I'll -- you know what, I'll pretend.

PIRRO: Yeah, pretend.

GUTFELD: There you go.

PIRRO: That's pumpkin.

PERINO: Yeah, my tastes like peanut butter and jelly.

WATTERS: Try the ranch, Jessica.

PERINO: Good job Lester Fixins.

GUTFELD: What is this?

TARLOV: That's a horror if I may.

WATTERS: Try it?

TARLOV: No.

GUTFELD: No, it's like bacon grease.

TARLOV: You know, I can't.

WATTERS: Try it.

PIRRO: This is mine, why can't you, Jessica?

WATTERS: It's a religious holiday. Jesus.

TARLOV: Get it through liberals, I'm on a juice cleanse. I have 10 pounds left to lose, getting burn is a thing.

PIRRO: Look great.

WATTERS: Juice cleanse, exemption. We'll give it to you. Dana, you're last.

PERINO: All right, so today is National Puppy Day and you think I'm going to show you a picture of Percy. But I'm not. This is kind of special thing for me Canine Companions for Independence. You might remember spike the dog that was raised by a puppy raiser here named Jennifer Williams who has moved to California for love. But they named a puppy after me. Here's the taste of it.

(BEGIN VIDEO CLIP)

JENNIFER WILLIAMS: I want you to meet Dana. Hello puppy Dana. Hi, sweetie. I'm going to raise her and one day she's going to grow real big and be a servant.

(END VIDEO CLIP)

PERINO: Thank you, Jen for that and it'll be fun watching her grow up. I really look forward to hearing her say, drop it, Dana.

PIRRO: Yeah.

WATTERS: Judge Jeanine?

PIRRO: No, Dana.

PERINO: Yes.

PIRRO: OK. OK, a fabulous lady that we all know and love Shannon Bream has new book on the way, mark your calendars March 29, the mothers and daughters of the Bible Speak lessons on faith from nine biblical families hits bookstores, you can preorder your copy right now on foxnews.com/books. In the book, Shannon examines the lives of biblical women to better understand how God's plan shaped the world.

WATTERS: Jessica.

TARLOV: Awesome. So if you're having a rough day and you need some encouragement now thanks to a California Elementary School, you can get pep talks from students on demand. School started pep talk hotline receiving up to 9000 calls an hour and just play what they're doing because we're running out of time. It's so cute.

(BEGIN AUDIO CLIP)

UNIDENTIFIED FEMALE: Be happy. Believe in yourself. The world is a better place with you and I. You look great.

(END AUDIO CLIP)

TARLOV: That's so cute.

PIRRO: Yeah.

TARLOV: It's really nice.

PIRRO: Believe in yourself.

TARLOV: I called before the show.

WATTERS: I'm sorry Greg, you know, we just don't have enough time for you today. I'm so sorry.

GUTFELD: Now, I know what it feels like to be Jessica.

WATTERS: All right, special reports up next with Bret.

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