Hello, everyone. Im sandra smith along with judge jeanine pirro, harold ford jr. Is here, pete hegseth, greg gutfeld. Its 5 00 in New York City and this is the five. All right, some big news, process, special prosecutor nathan wade falling on his sword to protect his former flame. Fani willis. And dramatically stepping down from the trump Georgia Election case. Judge scott mcafee had given the Fulton County d. A. And explosive ultimatum. What happened earlier, that she must cut ties with wade or step aside herself. While the judge did not outright disqualify her, he did not let willis escape completely, mcafee calling the conduct a tremendous lapse of judgment. But he says they are bad choices do not constitute a direct conflict of interest. The judge also admonishing fanis various Courtroom Appearance saying shed behaved in an unprofessional manner when she testified. Right here. No, no, no, this is the truth, judge, it is a lie. It is a lie. And i dont really like wine, to be honest with you. I like gray goose. Youre confused. You think im on trial. These people are on trial for trying to steal an election in 2020, im not on trial no matter how hard you try to put me on trial. A man is not a plan. A man is a companion. As you know, mr. Wade is a southern gentleman. Sandra judge was not done yet. He also ripped into willis for playing the race card and that nowinfamous speech where she blamed her Misconduct Allegations on racism. He called it legally improper. And this one is going to sting. Some of fanis biggest fans in the media are turning, saying that she should step aside. Its really a gift to former president trump. We have a judge he was overseeing a case, calling the prosecutor come again, unprofessional, saying that she made a bad decision, she had a lapse in judgment. That is a lot of ammunition. This is such a huge body blow, almost a fatal blow, to fani willis. I think the way forward is she has to voluntarily recuse herself. I dont know that she has it in her, but she clearly has no credibility with this judge. One of these statements by a judge would be a career and are. For a normal prosecutor. On the record finding that there are reasonable questions about whether you lied under oath . That would be devastating. Sandra oh, boy, and it is not over yet. While willis may end up staying on the trump case, she is still under investigation by a Georgia Senate committee, and what they find may impact the prosecution against donald trump. All right, judge, to you first on this. You know who else agrees with those Mainstream Media host . Andy mccarthy. He said a few moments ago, i think is the best thing that couldve happened for donald trump. Jeanine i happen to agree, and i think that, look, this is a case that is mired in scandal, as the judge said, it has the odor of dishonesty and lies. Youve got two people, okay, they both engage in the same conduct but he is a bad boy, hes got to go. She gets to stay. Now, the judge, in his decision, basically said, you know what, they werent so honest with me. He wasnt honest. But then when she confirms his dishonesty, she has not taken off the case. So on the one hand, getting the boyfriend off the case is a gift to her because this guy didnt know his way around the courtroom. He has never tried a felony case. He could and try a rico case. He probably doesnt even know what a statute is. The judge was weak. We knew it the first time he showed up on this case. He is now talking about, you just said it, the unprofessional manner when she testified during the evidentiary hearing. Judge, not for nothing but this is not the time to talk about, its a little too late, should have been held in contempt as opposed to having second thoughts of putting it in your decision. But what she did at that church was race baiting. Any d. A. I knew, if they did that and talked about a racially charged Defendant Casting Aspersions at him, that d. A. Would be off the case in a second. And the judge says, look, there are questions, but you have the georgia bar, the state committee, the legislature, judge, you were the trier of fact. You were the one who creates the evidence upon which the appeal would be taken. This judge doesnt even know what his role is. Let me just finally say that he says they meet the standard of actual conflict. They did meet the standard of actual conflict. He was her boyfriend. They knew it from the cell phones. They knew it from terrence bradley. And yet, the judge made a decision to allow them to perjure themselves and she gets to stay on the case while they prosecute others allegedly for making false statements. So i think there is a lot of perjury in here. But i think it is on the part of the prosecutor appeared sandra harold, how do you see this . Hasnt fani willis destroyed her reputation through this . Harold good to be here today, good to be back on the table. I differ a little bit. I agree with some. I think in the interest of justice, and the interest of fairness, she could step down and hold her head high for one reason. The judge made clear i dont think the judge is weak. I think the judge showed to be a pretty strong character and a pretty strong person throughout this whole thing, but the judge said that there is no relationship between the merits of her case whether you think the merits are strong, there is no relationship to how she has put this case together relationship to what their relationship was. Her lapses in judgment and nathan wades lapses in judgment are abominable. That being said, judge, she is an elected official, fani willis is, and nathan wade is not, so i think the judge differentiated, having her stepdaughter ask her to step down versus nathan wade, i think that was part of his conflict. In order for this case to go forward, for those who believe she has put in the hard work and in her office who believe they have a strong case, and in the interest of the people they represent, it would behoove her to step down pits before sandra interesting. Greg, tremendous lapse in judgment . The judge says a fani willis, why should she be able to continue on this case . Greg thats a good question. Its sad, wade fell on his sword after she fell on his over and over and over again. That is what upsetting to me, sandra. Wilbur boy always gets the ax. It is always the dude. The hierarchy of identity, female trumps male. Obviously it is sexist or they would have both state or both go. The other explanation beyond sexism is the judge is a big fraidy cat. He is scared crapless of fani willis. She already treated him like a dog toy on national tv. Imagine if you told her to go what she would do next, turn into freddy krueger. You think she was texting lover boy a lot . Man, she would flood his zone with relentless harassment and he is just saying, god, i got an election coming up. Maybe i can keep her at bay. I love the phrase odor of mendacity, it sounds like a romantic drama on the Hallmark Channel starring dean cade, the odor of mendacity. Its an elegant way of saying bull. The judge did open the door to look at all of these texts. To be referred to as the state eeg or whatever you want to do, i do not want her to step down because she is hilarious, she has magic, she is like the chatty best friend in a horror movie. I cant get enough of her. She helps us helps trump because it is an ongoing clown show, and she is the biggest bozo, and i guarantee everyone will see what a circus this is. And if you look at all of these cases, they are all falling apart. I mean, they are all cheap umbrellas. You open them up and they just collapse. It is a great day for america and a great day for your green jacket. Sandra thank you so much. Happy st. Patricks day to you. Pete hegseth, what do you have to say about this . This really opens the door to the public to see a system that is truly struggling, as Jonathan Turley pointed out earlier. Pete yeah, who has faith its yet another example of a system, theres very little reason to have faith in right now. You mentioned it, both of you, the odor of mendacity. I had to look up mendacity. It just means liar. Odor is what comes out of the bathroom on the flight, you know. This is like a dumpster of mendacity, okay . This judge is an absolute flake, you are exactly right, total coward. All of the evidence, 10,000 texts. You have to help me out here, judge. Two people like him only one goes . That is the standard now . The situation in georgia, in atlanta come around her political power, where she sits, who she is, and who she is prosecuting. That is the big take away. Sandra can i get some news in . Fani willis has responded. As of the top about the hour, she has not. She has now. She is calling these unjustified attacks. Jeanine of course he is greg shes watching the five, thats why. Jeanine the effect that she is an elected official doesnt excuse her. In fact, there is a higher standard for someone who is a prosecutor and an elected official. You should hold yourself out there as being like caesars wife. And the judge didnt hold her to that standard. It could be because he is running for office and he does not want to tee off any harold didnt have the law on his side, which is what he said in the opinion. Jeanine he did it make the decisions pete o over and over, people in power, big lapses in judgment, totally unprofessional, no consequences pits before that was news. All right. We will continue. Greg leave your news on your own show. Sandra happy st. Patricks day to you, too, greg. Up next, liberals attempt to stop crying. Does not work. Passengers pleading for the police after a man gets shot in the head. So. 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Get Kardiamobile Card for just 99 at kardia. Com or amazon. You know that thing your family does . Yeah, that thing. Someone made it a thing, way back in the day. But where did it come from . And how did it get all the way to you . Curious . Ancestry can help you find out. Because that thing has a story, and its still being written. What are you waiting for, a sale . Well, lucky you. Pete it turns out bad checks and liberal cities, they are not making residence any safer. Panicked passengers fleeing for their lives on a packed New York City subway after a fight led to a man getting shot in the head with his own gun. Viewer warning, this is a tough one to watch. [indistinct shouting] somebody help let me out [indistinct screaming] [gunshots] pete yeah, you dont see the shots, but you hear them. Brandnew Surveillance Video shows that man entering the subway without paying. He then boards a train where he starts a fight with another man. A boxing match and a woman allegedly stabbed him. Its at that point where he draws a gun. The passengers flee. But the other guy ends up disarming him in that fight, shooting him in the head with his own weapon. The perpetrator is now in critical condition. The d. A. Says they are not filing charges against the other man who fired the gun on the subway, saying it was selfdefense. Pretty shocking this even happened. Theres a lot of extra manpower on the subway these days. New York Governor Kathy Hochul flooding the zone with about 700 National Guard members, but she did strip them of their rifles. Hochul says she is very proud of her National Guard despite some saying that move is not necessary. How do you respond to some of your fellow democrats calling the move theatrics, the plate into republican narratives the blue cities are poorly run war zones . Speak on not buying it. My job is to keep people safe. Anyway i can come of the subways have been safe. We had a spike recently, a 45 increase in subway crimes. I needed to do something dramatic and quickly to send a message. Pete daniel penny defended himself, too. Jeanine the parallels between this and the penny case are very strong. Theres a guy who takes a gun out of his backpack apparently checking bags, they didnt check his bag. So he gets a gun on a moving, locked subway car, where nobody can get out, and they are screaming, get me out, get me out he takes a gun, and the person he is going after, he ends up getting the gun from him and shooting him in the head. So the person who shot him in the head, and he may die from this, is already not being arrested. He had the right to defend himself. Why didnt daniel penny have the right to defend himself when everybody on then moving a locked Subway Car Underground Felt their lives were in danger . This is different not just a different scenario. If this guy really had Mental Health issues, then he is very much like jordan neely in the daniel penny case. But look, she can go out, kathy hochul, mayor adams, the whole lot of the democrats go out and say, we are going to do whats right we are not going to do anything in the republicans narrative. Here is the bottom line. You have to start prosecuting time. You have to change the bail reform laws that didnt reform veil, they just allow criminals to keep going. You have to remove prosecutors who wont prosecute lowlevel crime, as evidenced by the fact that the guy who brought the gun wound up being shot with his own gun, he jumped the fair, appeared its called a broken windows theory. You start with the lower level crimes and then you move on. This is going to continue to happen. They could put an army in the subway. Girl lost her legs when her boyfriend, convicted with prior assaults, pushed her in front of the subway. Youve got to change the law and stop talking the talk. Pete you watch the video, the guy is clearly mentally ill, got a gun, the checks didnt work. Kathy hochul would have condemned if the Trump Administration greg this is where if you are on any other network, pick any network, there will be an affluent white liberal saying i take the subway every day and this is an aberration, its an anomaly. I take the subway every day, its never been safer. This is how it went. A yelled at b, b yells at a, a fights b, c stabs a letter a. A pulls out a gun. B grabs a gun and shoots a. What happens to c . There is a woman there that stabbed a guy in the back. All of this, it is a very complicated mathematical equation but it only happens in places where it can happen. And this was at midnight in the lower east side. This was on a crowded subway in the afternoon. So what happens because it can. Why did it happen . Whats missing . The police. Absence of Law And Order means there is no disincentive, right . Post george floyd, the leftwing spasm against Law And Order has given us this. And new yorkers, many of whom are on those subways, you voted for this. You got the 1970s with smartphones. A lot of these people were out there chanting Defund The Police and now they are living their consequences. As much as i love and respect the National Guard, they are not trained in this stuff. There is an Opportunity Cost for that political optic that hochul decided to do. She chose a stunt over a real action that would reduce crime and make us safer, so what she did actually made us less safe, which comes to the question, when is enough enough . What does it take . We keep saying that. Do you think of one party rule is over in these cities . Is it time to try something new and let the adults back in the room . A good citys run by democrats and republican. The mom and dad. Thats how things work. It is not dems and crazier dems. You cant split the power that way. Now it isnt dems, crazier dems, and the craziest dems. May be tried dems, crazy dems, and some republicans. Have a republican mayor come back and this would be over. Pete harold, do you think that is in the cards . We are seeing things like this on a regular basis. Harold i dont have a problem with political diversity. Id love for democrats to have a majority, but at the same time i want answers, and i think greg touches on it. Three quick things. With regard to this, im glad bragg has decided not to file charges and i think it will increase pressure on the penny case. Its unclear to me, forgive me, brooklyn, thank you for the correction. The penny case, the subway, did he have a gun . There was a gun in this one, which may be a different factor. Differentiation factor. Mr. Penny will have his time in court and i have set on the show before based on what i see i think the guy responded rightly. We need cops on the subways. And i would be willing as a taxpayer, probably earns a little more money than others in the city, to pay a little more to ensure that we had a force dedicated, cops dedicated to the subways all across the city because without the subway, the city doesnt work. If people cant get to work, cant get to school, cant pick their kids up, cant get entertainment or things around this great city we live in, it simply doesnt work. This has to be the priority. And i believe it is a priority of mayor adams and the governor, but we need something different. The last few days, the last year, but really the last few days have really showed how difficult and how unsafe it is for families and others going to school and going to work who take the subway. Jeanine now with congestion pricing, more people are going to be taking the subway. Sandra those are the economic consequence as i think about every day. I dont necessarily hear people say, i take the subway every day. What i hear is the young professional paying 2,000 a month for rent on the Upper East Side to live in 200 square feet who now ha