Trump lawyers say case against president is 'flimsy'
{{#rendered}} {{/rendered}}
This is a rush transcript from "The Five," January 20, 2020. This copy may not be in its final form and may be updated.
DANA PERINO, CO-HOST: Hello, everyone. I am Dana Perino, along Emily Compagno, Juan Williams, Jesse Watters, and Greg Gutfeld. It is 5 o'clock in New York City. This is "The Five." The countdown to impeachment is on. President Trump's legal team launching a blistering attack against Democrats as the Senate trial is set to ramp up tomorrow.
The president's lawyers calling the case, quote, "flimsy and a dangerous perversion of the Constitution." It comes as both sides prepare for a partisan battle.
{{#rendered}} {{/rendered}}
(BEGIN VIDEO CLIP)
SEN. CHUCK SCHUMER (D-NY), SENATE MINORITY LEADER: We will force votes on witnesses and documents, and it will be up to four Republicans to side with the Constitution.
UNIDENTIFIED MALE: When it comes to Donald Trump, Nancy Pelosi may pray for him privately, but she has orchestrated the church of holy hell.
{{#rendered}} {{/rendered}}
UNIDENTIFIED MALE: Any Republican senator who says there should be no witnesses or even that witnesses should be negotiated is part of a cover- up.
UNIDENTIFIED MALE: On their face, the articles of impeachment, they don't allege high crimes and misdemeanors. They fail on their face.
UNIDENTIFIED MALE: History has its eyes on us. How are we going to operate?
{{#rendered}} {{/rendered}}
(END VIDEO CLIP)
PERINO: Speaker Nancy Pelosi drawing more criticisms after saying impeachment was a sombre moment for America. Here she is on Bill Maher's show.
(BEGIN VIDEO CLIP)
{{#rendered}} {{/rendered}}
UNIDENTIFIED MALE: Thank you so much for waiting till we get back on the air before you started the impeachment.
(CROSSTALK)
UNIDENTIFIED MALE: There are some people who actually have said that he wanted to be impeached. Just for the record, being impeached is a bad thing, right?
{{#rendered}} {{/rendered}}
NANCY PELOSI, HOUSE SPEAKER: And you are impeached forever.
(END VIDEO CLIP)
PERINO: And Congresswoman Maxine Waters saying no matter what happens with impeachment, Democrats will continue investigating the president.
{{#rendered}} {{/rendered}}
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Subpoenas that I have issued that's going through the lower courts are now going to be heard at the Supreme Court in March. We will not stop. Whether or not that leads to another impeachment activity, I don't know. But I know we must continue with the work that our constituents have elected us to come to Congress to do.
(END VIDEO CLIP)
{{#rendered}} {{/rendered}}
PERINO: And actually, Jesse, one of Speaker Pelosi's lawyers did say that a third article of impeachment is not out of the question, though he left it undefined.
JESSE WATTERS, CO-HOST: Really? OK. Yeah, I have heard that before. Go for it, Libs. So Democrats want some new witnesses in the Senate trial. Oh, do they? OK, well, they could have just sued and gone to court and had a judge compel testimony, and they wouldn't have to sit back and complain. But now they are complaining anyway.
So now they only want witnesses for the prosecution. They don't want the defense to have any witnesses. That's how fair they are being. So Nadler says he's not going to negotiate witnesses at all. So you have a Republican saying, all right, Nadler. We'll give you Bolton. We'll give you Pence. We'll give you whoever you want. Just give us Hunter.
{{#rendered}} {{/rendered}}
And, you know what? Nadler says that's off the table. So think about how far they are willing to go to protect Hunter Biden. Why does Hunter Biden need so much protection? It's because this whole situation that he's involved in is a complete disaster. They are saying he's not a relevant witness? Well, the Supreme Court has granted wide latitude for defense counsel to call whoever they want.
To set out whatever fact case they can, to set up a strong and robust defense to protect their Constitutional rights. It doesn't matter what Nadler says is relevant or not. It's whether the Supreme Court says it is, and it is. So Hunter Biden is a material witness to the defense. The Ukrainians have said publicly the only reason Hunter was given this plum gig is to protect Burisma from prosecution.
And he was successful. So the guy just got kicked out of the Navy for drugs and now he gets some plum position overseas that he has no knowledge of. It's absolutely crazy. It's not an abuse of power to investigate corruption, especially when it involves a corrupt country who colluded against you when millions of dollars were on the line.
{{#rendered}} {{/rendered}}
Could you imagine if Trump Jr. got appointed to some plum gig in a Chinese company? And the Democrats said you know what, let's look into it, and Trump said no, no. I am running for president. I am untouchable.
PERINO: Yeah.
(CROSSTALK)
{{#rendered}} {{/rendered}}
PERINO: Is it sustainable for the Democrats to say no to -- if they want witnesses on their side for them not to allow Republicans to call who they want?
JUAN WILLIAMS, CO-HOST: Yeah, it is sustainable. I mean, remember sustainable again suggests that this is a court of law. This is not a court of law. It's an impeachment hearing. And the key here, it seems to me, is the court of public opinion. And the court of public opinion is pretty clear. You even have large numbers of Republicans who say yes. Witnesses should be called.
Bolton should be called. He has direct knowledge of the specific crime and charges against the president. Hunter Biden has no such knowledge. Joe Biden has no such knowledge. They weren't privy to the phone call.
{{#rendered}} {{/rendered}}
(CROSSTALK)
WILLIAMS: I'm going to finish. The president had with the president of the Ukraine, in which he was, and has now been found to have committed a crime by the GAO to withhold $400 million in exchange for insisting that an announcement be made, by the president of the Ukraine of an investigation into the Biden's. This has nothing to do with Hunter Biden.
WATTERS: So you are going to deny the president due process in the House and in the Senate?
{{#rendered}} {{/rendered}}
WILLIAMS: He was not denied due process.
WATTERS: Sure, he was.
(CROSSTALK)
{{#rendered}} {{/rendered}}
WILLIAMS: What's interesting to me is you have the White House briefs come out today. And in the White House briefs, a very good lawyer, Pat Cipollone, highly regarded. But Pat and Jay Sekulow make no effort really to defend the president. It's like comic book stuff. It's like the president's Twitter feed. This is ridiculous.
(CROSSTALK)
WATTERS: It is 127 pages. That's an effort.
{{#rendered}} {{/rendered}}
(CROSSTALK)
PERINO: Let's get Greg's take on it, because there's so much to talk about. Of course, you got lots of note. I did wonder what you thought about the Bill Maher-Nancy Pelosi --
GREG GUTFELD, CO-HOST: Well, you know, I mean, obviously -- again, when you say impeachment is forever, that it's telling you that this is an emotional victory for her. It's personal. It's not even political. This is about we're going to get the guy back. And it's all about personal. They're going to lose. They're going to lose, but they still have that to keep them warm at night.
{{#rendered}} {{/rendered}}
Nadler, I don't understand. He can't say what's off the table. He's not in charge. You can just tell him to shut up. You can't -- the prosecutors can't tell the defense who they can't call. So that's -- but I want to go to a bigger message here, Dana.
PERINO: OK.
GUTFELD: All right. The problem with the news is that we are an easy mark, right? We believe in the definition of objectivity. It's turning the camera on and showing what's happening. The problem is there's no defense against being exploited. So what the Dems -- they're very smart. You can get objective news by creating this spectacle.
{{#rendered}} {{/rendered}}
And everybody has to put the camera on and pre-empt shows like THE FIVE because we got to show it, because it's big news. So when we are pre-empted by something called the news, remember it is only news because they are telling you it is news. The pomp and circumstance, the slow walk, the dramatic pauses, the language, it's all fakery.
It's artifice to make you feel like it is news when it's not. So I have a suggestion to the reader, I mean the viewer at home who feels hopeless, all right? You can call your senator and you can tell them to get this crap over with as soon as possible because you want to watch "The Five." I want you to get a pen. Get a pen right now, 202-224-3121.
That is the main operator for the Senate and they will connect you to the specific Senate office that is your senator, and you can tell them get this thing over with because you're not going to miss an episode of "The Five." It's just not fair. And feel free to call Fox News and let them know that we should all get raises, especially me.
{{#rendered}} {{/rendered}}
PERINO: The thing about the witnesses, Emily, is that we are talking about this now, but there's phase one that has to happen, which is setting the rules of the road. Each side gets 24 hours to make their case. And it's only after that that then they will go to the issue of specific witnesses if there were to be any. So I think it is possible that after 24 -- 48 hours and you don't have to use the whole 24 hours per side.
That at that point, maybe they will decide that they've heard enough. Is that being too hopeful that this gets over with quickly?
EMILY COMPAGNO, FOX NEWS ANCHOR: It's probably being hopeful. But you're right that the senators take a vote after they have heard both sides present their entire story. Whether they feel that a witness' testimony is required to resolve the articles of impeachment. And I have to take issue with one thing that you said. This isn't an impeachment hearing. This is an actual trial.
{{#rendered}} {{/rendered}}
And it's not a criminal court of law trial that we are used to maybe when we watch TV. But this is an actual trial and it can lead to a conviction in the Senate. And I think it's important to highlight just for viewers, too, because we're beginning tomorrow on what the arguments are the president's team is arguing. They are arguing both procedural and substantive.
They are saying that there was no crime alleged, and that the Constitution in its plain language meaning without everyone extrapolating, just what it says, plain and fair. It needs to be a crime alleged, and also that it has to be a high crime. And it's not -- you have to have both together. And then they are also -- that was by the way successful in prior impeachment testimony.
And I know I'm not necessarily saying anything mind-blowing that people don't already know. But I think it's important to package this in a way that viewers understand going into tomorrow, because there is about be a lot of hours of drivel where everyone is captivated by news covering this, because it's important.
{{#rendered}} {{/rendered}}
They need to understand what they're talking about. And also, that there will be a defense substantively saying, and regardless, this is not an abuse of Congress and this is not impeachment worthy.
WATTERS: So you are saying call your senator also.
COMPAGNO: Yes. One quick last point, it's not these impeachment managers, and it's not the senators, and it's the House whose right it is to a fair trial. It is the president's. It is the defendant's right to a fair trial.
{{#rendered}} {{/rendered}}
PERINO: And then you mentioned that this could lead to a guilty verdict but it could also it could lead to an acquittal, which is what happened for others, and that's important for history as well. All right, coming up, actor John Cusack blasting capitalism during a rally for Bernie Sanders, and Robert De Niro, yup, he's got another anti-Trump rant. That's next on THE FIVE.
(COMMERCIAL BREAK)
WATTERS: Welcome back. We got some brand new examples of left-wing hysteria we want to tell you about, actor John Cusack hitting the campaign trail for Bernie this weekend in New Hampshire, and dropping this apocalyptic warning.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Bernie respects us enough to tell the truth, the hard truth. We have a 10 to 12 year window to radically transform our energy systems, our climate change, predatory capitalism, and the endless war economies will rob us to the right of any future at all. As we can see literally everyday, the house is on fire.
(END VIDEO CLIP)
WATTERS: And here's former top Clinton advisor, James Carville trashing the president.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Trump and Trump-ism is the greatest threat this country has faced since the fall of communism. And the only way to deal with it is defeat it soundly (ph). If Michael Bennet is the Democratic nominee, you're going to get 55 percent of the popular vote and you take up 55 Senate seats. And it will be the end of Trump-ism.
And Trump-ism doesn't have to just be defeated at the polls. He has got to be decimated.
(END VIDEO CLIP)
WATTERS: All right. Juan, who makes less sense, Carville or John Cusack?
WILLIAMS: What did they say that was nonsense?
WATTERS: They compared Trump to the fall of communism and said we only have 10 years left to destroy capitalism.
WILLIAMS: No, no, no.
WATTERS: Did I read that wrong?
WILLIAMS: I think you did. I think that what Carville saying is he sees Trump-ism as the biggest threat this country has faced since the fall of communism. I guess that's in the 80s, the Berlin Wall and the like, right? I could see where this has been the major political phenomena. I think it's decimated the Republican Party whenever a major political party --
GUTFELD: Stronger than ever.
WILLIAMS: It's now the party of Trump. It's like a cult. So I mean, that's --
GUTFELD: That is so insulting.
(CROSSTALK)
WATTERS: Trump-ism has been pretty good for America.
(CROSSTALK)
WILLIAMS: No, it's not.
(CROSSTALK)
WILLIAMS: You know you guys say that and it's just so --
(CROSSTALK)
GUTFELD: -- if people talked about Obama's followers being in a cult because they are people who did that, which was equally as wrong. And Carville is saying Trump is worse since the fall of communism. So that includes ISIS, Al Qaeda, AIDS, climate change. So in three years, you have record low unemployment. You've got a prosperous economy. Trump is killing Americans with good news.
WILLIAMS: No, he's not.
(CROSSTALK)
GUTFELD: No, no, no.
WILLIAMS: No, no, no.
(CROSSTALK)
GUTFELD: You've been wrong, Juan, on every point.
WILLIAMS: Here's a country that's being divided that is now politically -- people say I can't go to dinner with my family.
(CROSSTALK)
GUTFELD: That's emotional.
(CROSSTALK)
GUTFELD: You have emotional problems. Those are emotional problems, Juan.
(CROSSTALK)
WILLIAMS: Republicans are --
(CROSSTALK)
WATTERS: Let's move it around.
(CROSSTALK)
GUTFELD: I want to point because he mocked me there. All of his opinions about Trump are about future threats. They don't discuss the present. You can't discuss unemployment, the economy. You can't talk about the stock market. You have to talk about the future threat because that's conveniently un-measurable. You can't measure it, Juan. Oh, my dinners are ruined.
WILLIAMS: If I wanted to talk about income inequality, if I wanted to talk about -- erratic, provocative action that brought us to the brink of World War III --
(CROSSTALK)
WATTERS: Let's move it along. Let's play actor Robert De Niro, again, going after President Trump.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: There is right and there's wrong, and there's common sense and there's abuse of power. And there is a cynicism. I have as much right as anybody -- an actor, an athlete, a musician, anybody else, to voice my opinion. And if I have a bigger voice because of my situation, I'm going to use it whenever I see a blatant abuse of power.
(END VIDEO CLIP)
WATTERS: He sounded a little defensive to me, Dana. I have every right to speak --
PERINO: Because the last time he got the big brush back pitch from everybody after the F-word rant. That was one of many. So I have been thinking about this a little bit, although we've talked about it. Maybe it's just finally solidified in my mind. So when President Trump brought pop culture into alignment with politics, now all of a sudden for the first time in quite a long time.
You actually have conservative principles being discussed on more -- on a mass communication scale. So now you actually have people talking about all the things that Greg was talking about that you can measure and all those things, whether they work or not. But you actually -- this is no longer just the back pages of National Review.
This is now -- everybody's talking about it at dinner, on social media, etcetera. The Democrats have always had culture and liberals have had culture. But they -- now are not able to marry that to politics. So I think that's why there is a split. They can't get a foothold where President Trump was able to bring those worlds together. Yeah, he saw an opportunity.
And I don't think somebody who didn't have the presence that he did on -- in the media would've been able to actually do that. And I don't know of anybody running for president on the Democratic side actually can do that either.
WATTERS: I haven't certainly seen it in any of the debates, anybody with any swagger.
COMPAGNO: No. That's -- swagger is definitely lacking from the left. I think, too, part of the issue that is so difficult for people to swallow is that this is the exact type of fear-mongering that these guys are arguing that Trump brought to the table and that that's what's dividing the country, so none of this is relatable whatsoever.
The comment that we have 10 years to save the planet from capitalism, how is that not fear-mongering. How is that not totally un-relatable? So it's doing that same repellent that they are arguing that Trump has done in this country. And I think part of the issue -- when you're talking about the future fear is that that's why none of this is actionable.
GUTFELD: Right.
COMPAGNO: No one has their feet still on the ground that we have showcased here where they can articulate an issue and say so, look, this is how you solve it. Or look, here is the demonstrable problem with this data, and this is what I'm offering, instead, it saying that we are all going to explode in 10 years because of this really horrible source of, again, this kind of polarizing dramatic end of the world.
WATTERS: And by the way, John Cusack, amazing performance in Runaway Jury. If you don't want to watch the impeachment trial, just check that out on Netflix. All right, the New York Times mocked over who they are endorsing for the Democratic nomination. Greg's mono is next.
(COMMERCIAL BREAK)
GUTFELD: In 1964, the New York Times endorsed a Democrat for president. In 1968, also a Dem, 72, a Dem, 76, 80, 84, 88, Dem, Dem, Dem, 92, 96, 2000, 2004, 2008, 2012, 2016, Dem, Dem, Dem, Dem, Dem, Dem, Dem, Dem. So what a shock that today The Times made a bold move. They endorsed a Democrat. Sorry, make that two Democrats. Yes, in case one gets a flat, we have got a spare.
That's The Time's definition of breaking with convention, doubling down on the same old, same old. But that's how the media gatekeepers see the world that the only choices available to you come from a wide range of leftists. So do you go left, really left, or really, really left? You never go right because that would be evil.
Here, they picked a traditional liberal and a leftist who makes Che Guevara look like Barry Goldwater. But it's really about Bernie. This endorsement is another example of the media elbowing Sanders out of the way. This after CNN's hit job on him at the debate, and then there's Joy Reid, damning Bernie with a body language expert.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: I think Bernie is lying. We see him. He is slouches forward anyway, Joy, but here he turtles. If you look at his eye level where he normally answers questions, when he makes the denial, his who shoulders come up like a little kid getting caught. His eye level is below his shoulders. This is trying to hide in plain sight.
He has numerous hotspots he says well. Liars like to start with well. He looks away. He laughs. If he said it, which I believe that he did, he would've been better to just own it.
(END VIDEO CLIP)
GUTFELD: Powerful stuff. Joy hiring a lie detector, that's like Charlie Sheen hiring a drug-sniffing dog. Remember those anti-gay posts that she claimed were the product of a hack. It's clear what the established media is doing, deciding who they want and don't want. They're making sure everyone falls in line. They look at the country and instead of sing a strong prosperous economy, they see themselves out of power.
And they want their power back even if it means killing that prosperity. The good news is now you see the media's distaste for you right out there in the open. But please don't return the favor and call them a hack. That would be mean.
WATTERS: That was a good monologue.
GUTFELD: Why, thank you.
WATTERS: Pretty good.
GUTFELD: Well, I'll just go to you first then, Jesse.
WATTERS: I never knew that was how to get you to go to me first.
(CROSSTALK)
GUTFELD: Does this make sense to pick two opposites on the liberal spectrum.
WATTERS: Well, Greg, you know, I don't care who the New York Times endorses. I care who the New York Post endorses. Only then will I know who I'm going to be supporting in 2020. Now, I don't think these endorsements mean anything. I think maybe back in the day. Union endorsements did when, like, the mob or the union boss. When the union boss told the workers who to vote for, but even then, I think now this is more like inside baseball.
It's like the bachelor. And you're at the final rose ceremony and he gives two roses to two women. It's bittersweet. And you have to be thinking, OK, I will let the guy put a ring on my finger but it just doesn't feel right. And now, especially because it's a second-tier candidate lumped in with the first. Liz Warren has got to be thinking really? It doesn't feel good.
Now, the way they kind of screwed over Bernie Sanders, I think was really wrong. They said Bernie's moment has passed.
GUTFELD: And he had a heart attack. They brought that up.
WATTERS: But they give Amy the endorsement. Amy's never had a moment or a movement. So what are they thinking there, which brings me to a personal story I need to share, coming home last night.
(CROSSTALK)
WATTERS: -- elevator into my building, about to close, arm goes through, three Bernie Sanders supporters come into my elevator. They all have the Bernie 2020 T-shirts. They just been out canvassing. A woman goes to me, I know you are, and I tense up, I get nervous. Because a lot of that time it doesn't mean it's a good thing.
And she goes, I don't agree with anything you believe in, anything you say, but I respect the opposition. And as a matter of fact, you guys, meaning Fox News, you guys have been fair to Bernie. And I said, well, yes, Bernie's getting screwed just like Trump did. And she goes, and you know what, when they screw him over again, we're just going to do what we did last time and vote for Trump.
GUTFELD: Wow.
WATTERS: Can you believe that? And then I called my real estate agent. I said, guys, I live in a Bernie Sanders building?
GUTFELD: Did you have them evicted?
WATTERS: Yes, I made a call.
GUTFELD: Juan, what do you make? Do you think the Times messages is it's not just about Bernie, it's also about Joe? No white man, no old white man. No old white man. It's not going to work.
WILLIAMS: No, actually I thought it was a silly thing to do, just basically because everybody gets one vote, right?
GUTFELD: Yes.
WILLIAMS: It's not like can go on the voting and say, oh, yes, I want to candidates.
PERINO: It's like a great choice for me.
WILLIAMS: You just get one candidate, so they should have picked one candidate. I would agree that I don't think newspaper endorsements mean as much as they used to, but they do have some meaning. I think local papers still have -- you know, Des Moines, Iowa, for example, I think the Register is going to have more impact on the caucuses than this.
But I do also think that when you look at the opportunity they had to define between the far left as represented by Bernie, by the way, and the more centrist positions represented by Klobuchar, Biden, and the like, but Bernie versus Biden, essentially, and they didn't make a choice there.
WATTERS: Right.
WILLIAMS: So to me, they lost an opportunity because that's the big fight within the Democratic Party right now. And also, if they had simply picked Klobuchar, or simply picked Warren, it would have given added attention in terms of the media spotlight to one candidate. Now, it's kind of diffuse and as a result, it doesn't have the punch, even the limited punch that you described, Jessie, for anybody.
WATTERS: Right.
GUTFELD: What do you think, Emily?
COMPAGNO: That newspaper endorsements, yes, they don't barely mean anything anymore. And frankly, they matter more to donors than they do to voters. And so, to that extent, this hurts Biden the most, who is the one that needs the most fundraising. And also he needs -- he's the one that needs people to believe that he's the consensus pick.
I think it's a cop-out for them to have chosen to. And given the fact that I think back in the day when you just got one physical paper a day, it was a big deal to find out who they endorse, but now we know how everyone feels. There's no hiding any one of those individual journalists or the editorial board's feelings.
We've been -- we're having it rammed down our throats every day all day in all forms of social media and their outlets. So I think the other thing is, it's not really a surprise in the fact that they are damaging Biden and Bernie. We've known that all along.
GUTFELD: You know, I think the New York Times complimented Liz Warren as a gifted storyteller.
PERINO: Oh, I wrote that right here. Look, a gifted storyteller. I thought you were going to seize on them.
GUTFELD: Oh, I'm glinting you seize on it.
PERINO: Because I thought that was --
GUTFELD: Seize the day.
PERINO: I did think it was interesting. It's like, yes, she has told some stories.
GUTFELD: Yes.
PERINO: And the President, if she were the nominee, would certainly be retelling those stories on the trail. It's like Time Magazine when they put their Person of the Year. Remember they did like the protester?
GUTFELD: Yes.
PERINO: And then it just -- it renders it totally meaningless. I also noted one other thing that I thought was a good compliment for President Trump in this editorial, that he should -- he will run on this, which is they said that Warren had a hard time answering how she would be able to get any of this stuff done when it went up against a conservative judiciary, because it was unconstitutional.
So I think that he is obviously had a huge impact that the New York Times editorial page is actually asking about those things. I also think it was about nominating the two women. I think if Kamala Harris were still in the race, they would have chosen three.
GUTFELD: Yes. I think --
PERINO: I truly believe that, and Kirsten Gillibrand, although, you know, pretty insulting to Tulsi Gabbard.
GUTFELD: Yes.
PERINO: She's still in it.
GUTFELD: But I think it's also to the fact that they just didn't give it to Liz means they probably had some reservations.
PERINO: They might have. I also think the timing was interesting. The New York Times is now more about building its own brand than having their own little T.V. show.
GUTFELD: That is shows hilarious, the evil doctor.
PERINO: So instead of doing this on Saturday night --
GUTFELD: With the beard.
PERINO: -- it would have been on the Sunday morning television shows, they waited until after 9:30 p.m. on a Sunday night with their own T.V. show. They didn't really care.
GUTFELD: All right. Are we done here?
PERINO: Yes.
GUTFELD: I haven't heard from a producer in a while. I think this is out. Coming up, a guy tried to shame a target employee on Twitter, but it doesn't go according to plan.
(COMMERCIAL BREAK)
WILLIAMS: Major outrage at one man's attempt at online public shaming. A self-identified journalist posted this photo of a Target store manager named Tori. The man claimed that he called the police after Tori refused to sell him an electric toothbrush worth about $80. The guy was upset because the price was mistakenly displayed as just one cent.
The man claims that the law required the store to honor the price as advertised, but the store manager she refused. The public shaming, however, has backfired. A GoFundMe page was set up to help support the manager, Tori, and it has raised about $30,000.
Well, let's just start with the law, Emily. I looked at this and I saw that the statute says if there's a gross misrepresentation, there's no requirement for the store to sell you it for one cent.
COMPAGNO: Correct. He's totally wrong on the law. There is that exemption. It's for non-grocery items. And the gross error means that if it's worth over $20, which this was, then it would be if you posted the price less than a 20 percent -- 20 percent discount. So clearly, this falls within the exemption.
And I think the larger point here is that this guy is a jerk. He is waste of skin. He is not a journalist. He is a troll. He is the worst of humanity and the worst of Twitter. Not just this, after the multiple fatality shooting in Manchester arena with Ariana Grande, he immediately tweeted, I almost died the first time I listened to her music too. And then he doubled down and he continued tweeting really disgusting jokes. And then his apology was I made a joke and I laughed and he posted some gifs.
And then when Anthony Bourdain called him out and called him a gaping, steaming A-hole, after he died by suicide, this guy put on Twitter looks like -- look who's the gaping steaming A-hole now and called him selfish for dying by suicide.
I don't know why Twitter hasn't taken him off the platform. I don't know why he has over 200,000 followers. He is disgusting. He needs to be taken off everything.
WILLIAMS: All right, Greg.
GUTFELD: I don't think I can -- I rest my case.
WILLIAMS: Normally I don't go to you to calm things down, but I must say --
GUTFELD: I will not use the word gay.
WILLIAMS: No, don't do that. Don't do that.
GUTFELD: No, but this shows you how social media can be a minus and a plus. So you have a super creepy guy who's got a serious disorder who wants to exact some weird punishment on some girl just doing her job. Maybe he has a thing against women, I don't know. That's the minus of social media because it gives a nobody the chance to ruin somebody's life.
But then you see the plus. You see this plus you see Carpe Donktum start this -- Donktum -- start this GoFundMe page to get like $5,000 her. It turns out it gets 30 grand because people on social media also recognize what's going on and they decide they're going to help fix it. So on one hand, you have -- you the worst of social media, and then on the other you have the best.
You have a minus and a plus -- so -- and I think that like you know, hats off to Carpe for starting. I think she's got $30,000.
PERINO: Now she -- and also she tweeted that she is working with resources to find a cause that is worthy of your generosity and something you would all be proud to donate to. So she's not even going to keep the money.
WILLIAMS: Yes, I think that was pretty awesome because I think the idea was initially here's some money to go on a vacation. Get away from this. And she just said here on this --
PERINO: No, I admire her.
WILLIAMS: But, Jesse, it looks like it's become highly politicized, right?
WATTERS: How dare it become politicized?
WILLIAMS: I don't know how it became politicized because I just think that it's obvious that what this guy did was wrong, but now it looks like mostly its Trump supporters who are involved in the effort to try to set the record straight.
GUTFELD: You're complimenting the Trump supporters.
WATTERS: I know -- I didn't know about the politics. I sympathize with his plight, and here's why.
WILLIAMS: OK.
WATTERS: I go to the dentist twice a year.
GUTFELD: Oh, no.
WATTERS: And every time the dentist says, So, Mr. Waters, are you using an electric toothbrush? And every time I say no, and every time I can sense him judging me like, what is world, like you can afford $150 electric toothbrush. And I'll tell you what, I'm not paying $150 for an electric toothbrush when I can spend $6.99 and do it manually.
Greg might have a fancy electric toothbrush and he thinks himself a fancy lad, but I'm laughing all the way the back, baby, and smile is just as bright.
WILLIAMS: Would you have bought it for one cent?
WATTERS: Yes.
(CROSSTALK)
GUTFELD: Remember, he called the police. He called the police on it.
WATTERS: Not the emergency line.
WILLIAMS: All right, Prince Harry finally breaking his silence on the Royal fall out from Megxit. Hear about it and hear from him right here on THE FIVE next.
(COMMERCIAL BREAK)
COMPAGNO: Welcome back. Megxit has been finalized by Buckingham Palace and here are the deeds. Harry and Meghan can no longer use their Royal Highness titles and they won't be receiving any more public money. Here's Prince Harry speaking out for the first time publicly.
(BEGIN VIDEO CLIP)
PRINCE HARRY, DUKE OF SUSSEX: The decision that I have made for my wife and I to step back is not what I made lightly. And I know I haven't always got it right, but as far as this goes, there really was no other option. What I want to make clear as we're not walking away, and we certainly aren't walking away from you.
(END VIDEO CLIP)
COMPAGNO: Dana, they no longer have HRH, but it's been argued the Queen is leaving the door open for him to return by keep -- they keep Frogmore Cottage, they keep a few other things. What are your thoughts on that?
PERINO: Yes, she's keeping her options open says the Queen. She's hoping that they'll maybe return. And maybe they will. Maybe just like the first year was maybe just like too intense. I don't think that the media coverage is going to subside just because they're moving to North America, whether they're in Canada or in L.A. because I think it'll just double because the British press will still be following them and the American and Canadian press will be following them too.
I think that they could probably go off and do some pretty good work. I think that they'll probably get really into the climate change thing. But other than that, he had done a lot with veterans especially wounded warriors. And I imagine that as they settle in and try to figure out what they want to do, they'll figure it out. There's no public money, but apparently, Prince Charles will take care of things for a year.
COMPAGNO: Greg.
GUTFELD: Yes.
COMPAGNO: Do you see the Netflix Empire, Apple TV, Obama model in their future, which is just reaping book deals and documentaries on climate change?
GUTFELD: I'm more interested in why this happened. Well, first of all, who gets all the sectors and the staffs and who gets the court jester, right, and the potions -- and the potions that they have -- they have potion specialist.
Look, there are two reasons why I left -- and I figure this out because I lived in London. One is discomfort. If you don't grow up in England, you're not used to the cold, damp weirdness of it all. Everything is smaller and they think that old is posh. No old is old. So they go, let's go sit under a thatched roof and freeze our butts off because I go stay on a weekend like in a holiday in a thatched roof in the middle of the countryside.
The food is terrible. The furniture is old and uncomfortable. You have to throw blankets on because there's always a draft. It's always cold, the toilet smell, there's always -- they have carpets in the bathroom so that soaks up all the stuff. OK, that's one reason, discomfort. The second reason is media.
Prince Harry blames the media for leaving. So this is another facet of life, that media ruins. I mean, how many other facets do we need to experience that shows that every time you add media to it, it ruins it. You can't have nice things with the media. They ruined royalty. They ruin everything. I hate you, media.
WATTERS: Well, I mean, they're blaming the media, but they let the media win. Trump would have just destroyed the media and stayed longer in the Royal family and made it much more royal and more obnoxious. I think they've quit the Royal family but they get to keep all the money. And for people saying that they don't like what these people did, so many Americans would want to do the same thing.
COMPAGNO: Wait, what do you make of the fact that Meghan Markle's dad came out and said they're making the monarchy, a Wal-Mart with a crown.
WILLIAMS: I mean, it's petty and it's kind of nasty.
PERINO: Also, Wal-Mart is awesome.
WILLIAMS: Because it's like family infighting going public. I think this is part of why they said, you know what, we're sick of this. We don't want to have to be exposed to this costly constant drubbing, you know, from all the paparazzi. But you know, what strikes me is that they are not taking the money after the year. You said Prince Charles is going to take care of them for a year, but they're no longer going to be on the payroll.
WATTERS: Yes, but --
WILLIAMS: So they have got to find a way to monetize the fact that people like us are so interested in them and gossip about them and what are they up to, what are they doing? I think they can do it in terms of the Netflix deals, in terms of books. I think they're going to be fine.
COMPAGNO: Yes. He mentioned that he was Diana's son a few times in that speech and I think he has so much obviously residual pain from that. And I think Meghan Markle was the tip in that direction. All right, "ONE MORE THING" is up next.
(COMMERCIAL BREAK)
PERINO: It's time now for "ONE MORE THING." Juan?
WILLIAMS: All right, so it's the 35th anniversary of the King Federal Holiday today. Dr. King would have been 91 on January 15th. This morning his son Martin Luther King Jr -- or the third, I should say, brought his wife and daughter on stage to say that his father's fight for justice is still very real.
(BEGIN VIDEO CLIP)
MARTIN LUTHER KING III, SON OF MARTIN LUTHER KING JR.: On this holiday. It is as Reverend said, about recommitting ourselves, rededicating ourselves to continue to work because it is nowhere near done.
(END VIDEO CLIP)
WILLIAMS: In that spirit today, there are lots of volunteer efforts around the country to help with the homeless, the hungry, schools, and others in need, especially children, so terrific. And so many have said that the King holiday is, in fact, best observed as a day on not a day off for people who care about trying to deal with racial justice and equal rights for all. Happy King Day America.
PERINO: Indeed. Thank you, Juan. Jesse, you're next.
WATTERS: Happy King Day. Also, significant political anniversary that we're celebrating. I don't know If you guys remember this.
We're going to California, and Texas, and New York, and we're going to South Dakota, and Oregon, and Washington, and Michigan, and then we're going to Washington D.C. to take back the White House. Not the eloquence of Martin Luther King, but there he is Howard Dean, 16 years ago, the Dean scream. Remember Dean didn't win Iowa. He came in third. And then he fell apart shortly thereafter.
PERINO: Memories.
WILLIAMS: What does that tell you about screaming?
WATTERS: Don't do it.
WILLIAMS: Oh, good.
GUTFELD: All right, stop the fun. Let's do this. Greg 2020 Olympic flying animal long jump. OK, everybody, here's going to judge these long jumps. First up, the squirrel. Let's see how this squirrel does. I believe it's an Australian squirrel. I don't know. But there he goes. Check him out. There you go. Look at that one.
All right, let's go to something we're all familiar with, the fox jump. Look at that one. Look at that.
PERINO: Nice.
GUTFELD: That was an injury. And now, my favorite -- show them one more time. I think he wasn't hurt. My favorite, you got it, the sugar glider. Look at that.
PERINO: You're going to get one of those, aren't you?
GUTFELD: I'm going to get one of those, pizza kid. Emily, what's your favorite?
COMPAGNO: The fox for sure because its mouth opened, it's so cute.
GUTFELD: Juan?
WILLIAMS: That's what's scary about the fox, but it was pretty. Somebody's got to get hurt, either the cameraman or the fox.
GUTFELD: All right, sugar glider for the win.
PERINO: I'm going to go with the fox.
GUTFELD: I'm going to go with the sugar glider so the fox wins I believe.
WILLIAMS: Yes.
GUTFELD: Damn it. Fox always wins. Think that, CNN.
PERINO: OK, so I hope you have an appetite because a plant in Texas has created the world's largest Snickers bar. Guinness Book of World Records' massive chunk of chocolate that weighs over 4,700 pounds is two feet high, 26 inches wide. It's the size of 43,000 single size snicker bars put together. The plant says they came up with the idea two weeks ago. And it took more 600 workers, a full week to complete it which is awesome. And I - - just for fun, of course --
WATTERS: Watters.
WILLIAMS: But, Dana, what was the idea? I don't -- why did they do --
PERINO: Because sometimes you know like -- it's like why did you go to the moon? Because you can, you know.
GUTFELD: This is definitely bigger than the moon landing.
PERINO: I mean, it's like -- why do Americans do -- I also -- I have a -- go to Fox News right now, on podcasts, I have an interview with Roy Castro amazing success story after his incarceration. It's on Fox Newspodcast.com and that's the strive organization. That's all. Emily.
COMPAGNO: OK, you guys, for the story of the night are Brad and Jen back. Last night was the Screen Actors Guild Awards, and what we saw was the first public reunion of Jennifer Aniston and Brad Pitt. And basically, this was him accepting his Best Supporting Actor Award and that's her looking longingly and maybe lovingly at him.
And then that's her accepting her Best Actress Award and that's him watching her on the screen. The internet is dying, everyone is dying. Everyone was them to be together again. I'm ambivalent.
PERINO: I think they are new Meghan and Harry.
WATTERS: Yes. We need a body language expert like Joy Reid to figure that out.
PERINO: All right. Set your DVRs, never miss an episode of "The Five." "Special Report" is up next.
Content and Programming Copyright 2020 Fox News Network, LLC. ALL RIGHTS RESERVED. All materials herein are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of Fox News Network, LLC. You may not alter or remove any trademark, copyright or other notice from copies of the content.