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harold ford jr., pete hegseth and fajimmy failla. it is 5:00 in new york city and this is "the five." >> hunter biden is playing victim in a brand new interview as we learn bombshell new details about his second indictment. he is facing nine new criminal charges for not paying $1.4 million dollars in taxings and blowing that cash on his lavish lifestyle. the defendant spent money on drugs, escorts, girlfriends, exotic cars, clothing and other items of personal nature. in short, everything but his taxes. if convicted, hunter could spend 17 years in prison. hunter biden telling moby that republicans are only concerned about him as way to destroy his father's presidency. >> in the most illegitimate, but rationale way, they are trying to destroy a presidency. it's not about me. their most base way, what they are trying to do is trying to kill me knowing it will be a pain greater than my father could be able to handle. >> hunter's attorney is blaming republicans and thank yous political pressure from gop lawmakers played a role in beefing up the charges after the first son's sweetheart plea deal fell apart. >> what happened between june 20 and yesterday, the facts did not change, what changed was enormous pressure put on the u.s. district attorney. him deciding i don't want that grief any longer, i don't want to be ridiculed by the republican part, i'll be a tough guy and take two pages of a misdemeanor, where millions of americans file late and turn it into a 56-page document. his name was not hunter biden, this would not have happened. >> how is joe biden feeling about the second indictment of his son? he is too busy thinking of which celebrity he will hang out with tonight. watch him ignore reporters asking about hunter. >> any comment on the new charges against your son, mr. president. >> well, judge, i think you disagreed with hunter's attorney there, abbe lowell. >> judge jeanine: if i were ever in trouble, i would hire abbe lowell, he is wrong here. the truth of the matter is that he had a plea deal that even the department of justice could not justify. the doj when questioned said there is no precedence for anything like this. abbe lowell, all due respect, don't tell me nothing has changed here. what has changed is the fact that hunter biden is being held responsible and accountable. this is not a guy who filed late returns, this is guy who didn't file returns. for everybody, including associated press whos he was an addicted son, his tax failures were post-addiction issues, so stop with this, he's a druggie. how smart, i couldn't take out $1.6 million from a bank account where i do my banking. he was involved in human trafficking, money laundering, he was a foreign agent, none of that was filed here. this is lipstick on a pig. they took the same charges and told us everything about the dirtbag's lifestyle, referring to hunter biden. people are making sure there is same justice for you as everybody else in america. one final thing, that is for those who say, joe biden has nothing to do with this. you have james comer and congress trying to do what the department of justice and the fbi should be doings, 327 e-mails, with joe biden using a pseudonym instead of his real name contacting members who are partners of hunter biden, lying he didn't know about his son's businesses, lying he never did business with china, didn't take money from china and lying when he said he didn't do anything illegal period. jane biden got money, we still don't know where 20 million has gone. james biden sent money to joe biden and we have not seen a memo that indicates it was a loan. >> hunter's attorneys are trying to make the case nothing has chaefrjed here. he did see a change in the sense the irs whistleblowers came forward. it is important to listen to them now to remind them what they were saying. >> it appeared to me based on what i experienced that the u.s. attorney in delaware was hamstrung, and marginalized by doj and other u.s. attorneys. a number of times we were not able to follow the facts. >> prosecutors instructed investigators not to ask about the big guy or dad when conducting interviews and investigators were not allowed to follow up on messages from hunter's backup where he suggested he was sitting next to his father. >> these were not republicans, thises career investigators. >> it doesn't matter to me what political party anybody is in, when you are accused of something, greatest thing our nation affords is presumption of innocence. it is curious, president trump said over and over again with what he's facing, he would not be facing some charges if his name was not trump and hunter said he would not be facing charges if not named biden. this is a similar political argument. i have not read the indictment closely enough, i read summaries and this is a serious indictment and there is jail time that goes along with this. hunter said he's innocent and we give him that presumption, we'll wait for the tracks for a trial to be held. with regard to witnesses you showed at the start of asking the question, this blew up because they went into a courtroom in delaware and the two sides did mot have a meeting of the minds about the plea agreement. the justice department thought it pertained only to matters, the gun stuff and tax stuff a couple number of years. >> judge jeanine: justice department knew, they hit it regarding the gun. >> get back to the facts, peelel around here want to see him buried. >> judge jeanine: i want justice. >> so do i. judge, the hearing was heard to hear the defendant, you get to go before a judge and a judge explains, do you understand what you are pleading to and neither side understood. >> the justice department wrote it up. >> the outcome, the court said you are not in agreement. >> judge jeanine: no, he said this is corrupt and never been done before. >> the court said there is not a deal. the whistleblowers did not do this, that judge put us where we are, she said you guys do not have an agreement. if i were in hunter's shoes, i would be disappointed i didn't sign the agreement, it would have taken some charges off the table. the poen i'm making, when we get the facts and if convicted, he will face the legal music, if he's acquitted -- >> new indictment, 58 pages, salacious details and taxes on money and who are his partners and the media is trying to distance joe biden from the indictment. listen. >> no mention of joe biden, no reference to joe biden in the indictment. >> there is no allegation that the president did anything wrong. >> hunter biden is not running for office and this is false eshg 85 lensy by republicans. >> we will see if james comer >> there is yet to be evidence president biden had anything to do with the criminal charges. we move from never been in business to not being in the indictment. >> this is what the media does, cover for him. it is so telling of the moment, we're told this is justice. harold said it is a serious indictment, on the face, it is. it is the exact opposite of justice. why drop it now? he's about to testify with james comer, now he is under investigation, can't talk about it anymore. will he see justice? 17 years? if he was found guilty, what will joe do? wave his magic pardon wand. this is opposite of justice. they don't mention his lobbying or pseudonyms and e-mails, about international money. there was one sentence about money from russia and china. they found the easiest thing, he did not pay taxes, he paid hookers, instead. trump is a different circumstance. >> jimmy, do you want to lighten us about the jokes? >> jimmy: i had a point here, reacting to what hunter said to moby, they are not trying to destroy biden's presidency, he didn't need help. he is polling behind isis, like 27%. to hunter point, d in accounting, a on how he spent the money. fast cars, fast women, if ukraine is sending me $5 million, the docket looks similar to the way it looks now. they will not send me money, my dad was not sitting vice president at the time. hunter didn't work in government, exactly, why was biden e-mails him information under a pseudonym name. that is bigger takeaway here, they interfered in the 2020 election, we know they did. why? we were told this is not a thing, it will wrongly influence the election and now guilty pleas to the money we knew was a thing. scam. >> scam. all right. up next, cowardly ivy league presidents who couldn't condemn genocide of jews are in serious hot water as donors bail. ♪ ♪ spanning over 280,000 acres, three forks ranch is the destination for luxury and adventure. enjoy private skiing with 23 runs for every level. kick back for intimate performances from the best in country music. enhance your wellness and longevity through our mayo clinic programs, or plan your meeting for a memorable corporate retreat. discover the west kept secret. go to threeforksranch.com to book your luxury experience. he hits his mark —center stage—and 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they are paralyzed by the woke olympics on campus, the context in terms of dei olympics, they would think who is making the claim, is that person more oppressed than the person making the claim. we don't think jews are as oppressed as palestinians and the hierarchy then context is such it is okay to make calls for genocide because of this allegation that the people making the calls are being oppressed somehow, whether true or not. they can't look at things in the sense of right or wrong, this was one of the most horrific incidents we've seen in the history of academia. it is obvious answer, because of the bubble they are living in, who is more oppressed than who based on skin color instead of treating each other equally and based on character, they are in this position. not because they found some answer, they had a pfirm reach out for them to re-read and they are saying they are sorry, their jobs are on the line. >> judge jeanine: pete, misgendering someone is violence according to them, but antisemitism requires context. why? >> pete: everything katie said is right about oppressor and oppressed. $100 million is a drop in the bucket for them, we are doing a special on fox nation next month called poison ivy about funding of ivy league schools. they are basically international hedge funds who treat classes through a marxist lens. that is why they were so smug in front of the committee. they are afraid of the students and wed to one world view and they want to hide behind free speech. suddenly free speech is their mantra, tell that to conservatives and white kids and everybody on the wrong side of that woke olympics and now we have gotten to genocide of entire people which is as old as time and they want more context. >> judge jeanine: there is a sound i'd like you to listen to, harold, by the -- i think the harvard president. >> in that moment, i was focused on our university's long-standing policies alined with the u.s. constitution, which say speech alone is not punishable. i was not focused on, but should have been. >> judge jeanine: okay, that is magill saying the constitution protected me. >> harold: i'm a grad of penn. i don't know about the woke olympics, if you can't condemn terrorism, if you can't identify that genocide of a population of people is something you are not going to tolerate within the policy on your campus, particularly when it is in the policy and in your rule book, you shouldn't be in that role. i hate to say this, the school has been embarrassed over the last several weeks. so many classmates, i was signed the letter weeks ago when president magill did not respond about why roger waters, who spoke about israel and jewish people in an awful way, they had him coming on yom kippur and the president did not respond to any of us. i don't give $100 million, but i'm proud and i seen a few nickels back every year and i joined the cause to send $1 until we have substantive change. she could show maturity and moral clarity and she failed to do that. whatever her motivation was coming back, it was up to her. i don't think she is fit to the president. it is unfortunate, but you have one job when it comes to promoting conversations, you got to make it safe for kids to share views and for kids to learn. i'm against punishing kids, a friend said he was not going to hire them. these are kids, give people opportunity for second chance, but president of the school to not condemn terrorism and genocide, not fit to be president of the school. >> jimmy: boom. rare agreement with harold, they have to fire her, she should not get grace of resignation, certain questions you don't get a crack at. if we're hiring a babysitter, are you going to keep the kids safe? 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