hello everyone, i'mwith dana perino along with judge jeanine pirro,, kevin o'leary, jesse watters and greg gutfeld. this is "the five".. [♪♪] >> dana: we are awaiting the remarks from donald trump as his fate hangs in the balance. the first day of jury deliberations in the hush money trial is over after four long hours of talking about the case. the jury will be back in court in 9:30 am tomorrow.m. t there is no verdict yet. there are 12 members of theju jury, seven men and five womeno getting their first chance tot discuss amongst themselves six weeks of evidence and testimony. and we've got the first insighti into how they are feeling. the jurors sending two notes to the judge requesting four piecen of testimony from david peckerth and michael cohen be read aloud. they also asked for the judge tn reread the jury instructionshe that were given earlier today.e and earlier donald trump going off on the trial got comparing himself to one of the biggest religious figures in history. >> these charges are rigged, the whole thing is rigged. the whole country is a mess between the borders and fake elections and you have a trial like this where the judges so conflicted he can't breathe. he's going to do his job. it's not for me, that i can tell you. it's a disgrace and i mean that. mother teresa could not be these charges. the people of this country see this as a rig to deal, it's a weaponized deal for the democrats to hit their political opponent. for joe biden, the worst president in the history of the united states.e >> dana: and judge jeanine wastr down there and now she's here sn let's turn it over to you andary get your thoughts. > j judge jeanine: i tell yo, dana. m to me it was a very difficult day. ficui heard a man with a ropest instructing a jury tharut -- on issues that i know as a former judge exactly as he was were just plain wrong, reversible error. i was stunned at what he brought up and what he said and specifically i refer number 1 tt the fact that we have been talking for weeks, monthss actually since this indictment came down, as to what is that i unknown felony that will be used to resurrect two dead expired misdemeanors? that unknown felony is d mi an election law violation according to this judge that is made up of a federal campaign violation, of a creation of a false record or of a tax law violation. the trump defense team did nottm know this so they could not speak to it, and it is a fifth amendment requirement that you know the charges against you,me that you knontw all of the particulars in the opening statement after the testimony. this was, and i knew it duringat the prosecution's summation, this was clearly, it was like a game between the prosecution anh the judge where the defense wase left out of it.an and specifically there was --th they talked about there was not legitimate press function.th one and no one had talked about that during the course of the trial. neither side presented evidencee as tnco what a normal legitimate press function was but the jury hears about it from theosec prosecution in summation. evidence whatsoever by either side. and of course we know that thern was no evidence allowed of al ca federal election campaign violation because the defensedee was not allowed to put on the head of the federal election campaign commission. but they were allowed to here that michael cohen committed a federal election campaign violation and that david pecker was in -- advise not to engage in certain conduct because it was an fec violation. so the prosecution put on evidence, the defense wants to put up evidence of what an fec violation is and is not allowed to do that. and then the defense of advice-- of council was not allowed.lo that's what trump wanted. he wanted to be able to say i did this on the advice of michael cohen. now all ofer a sudden we hear michael cohen is a co-conspirator who was aiding and abetting donald trump and a now you can't convict just on the word of michael cohenn without corroborating evidence. but as it relates to that and felony, which will bootstrapu do doesn't bring it to life, you don't have to agree on any one of the three, it doesn't have to be unanimous. this is a kangaroo court. you've never heard of anything other than a unanimous verdict in a criminal trial. and here's a new one, legal expenses are -- if you report them as income is a crime. reporting money as income when it's reimbursement is a crime. though the judge is a saying that itself is a crime. no one knew that. they could have argued it at the trial but they did not have then opportunity. so i mean those are just some of the issues. it was a sad day for me. i stand with jonathan turley like this is unheard of. >> dana: dispiriting to here it but that way greg, yourhear thoughts? >> greg: i feel like this is bad for your mental health. it's exhausting, it's self-destructive and we know in our hearts that it's unnecessary because it's political but we are forced to endure it.firs it's like impeachment three. if it weren't so tedious itwo would radicalize you. if you actually paid attention to this, he would come out pretty angry.me i think the prosecution is resting on the hate crime hoaxis defense. the logic being he may not bey guilty ooff this specific crime but he's definitely guilty of some crime somewhere out there. that was the reason for the extraneous bs that theyto introduce that had nothing to do with the accounting issue. the hate crime hoax defense is always based on if this hate crime isn't real, somewhere someone is doing thi reas, so r this hoax is raising awareness of a widespread problem.espr in this case trump does not have to be guilty, but you know that he's guilty of something, andf it's just the general assumption. so basically this is another hate crime hoax. i wish the jury would sit andt asank themselves what it be oka, would it be fair to you if youre entire life hangs on a creature like michael cohen? i mean think about that. you would not do that to a petty thief.not ombi the star witness combines twoth things which iins proven dishonesty and raging personal vendetta.pers you would not do that to a pettd thief, to make his fate hinge oo his mortal enemy, and yet that's what we are doing to theates president of the united states. we were told for i don't know three years that no one is above the law, but they were sayingay that because they were makingum p sure that trump was below theh law. they did not raise the bar forfr him, they lowered it, they lowered it and so you are prosecuting the current leading candidate with an unprecedented theory, right, that is so fol difficult to follow that nobody knows what's going on. wouldn't you want to streamline this and make it the best possible most persuasivees argument possible since this is the leading presidential candidate? >> dana: and you wonder, jesse, there is on the jury two lawyers in the foreman is a lawyer and you wonder if he or she, it's a he, had a similar reaction to what the judgesg an saying and what we've heard from our legal analysts all day.: >> jesse: i worry about that two lawyers because they are both at manhattan corporate law firms and if they are in a jury that votes to not convict donald trump, they have to go and see their boss and they have to go see their colleagues and there's a lot of social pressure, there's a lot of. pressure there, dana, to not bring back to your liberal law firm in manhattan a conviction. so that concerns me, but as a nonlawyer and who has never watched a single episode of law and order and opened the lsatsa prep boot k and got to page 2 ad shot it, i am about as confusedc as judge jeanine which makes me feel better because i've onlyelb watched runaway jury twice. was impressed with john cusack and has read every single johnet grisham book cover to cover. tell me if i'm an idiot. greg, don't jump in! this is a case with a crime they won't tell you and it's not eve in the das jurisdiction, but the jury can pick whatever crime they want and they can all disagree on the crime and it is still a unanimous decision?ci >> judgesi jeanine: they have to agree it's one of the three.buff >> greg: it's like a buffet. you can get a little of this, a little othf that and everybody n go home and trump is gagged and cohen is not and then he let's stormy daniels go out there and pretend like she was sexually assaulted and then says jury,ur y,forget you ever heard that. and then basically every time the defense objects, overruled, and then the one guy who wasosed supposed to come in and explain the law, the judge won't even let him explain the law act andh then tries to explain the law tt the jury and the jury does not even understand it and asks for the explanation again, and theng you findai out the judge not ony an obama donor, donated to the progressive turnout project andv its subsidiarye stop trump. the judge donated to a stop trump organization anddona his family is going to financially benefit from a conviction.nefi you touched on this last week, there are 24 sitting judges, this guy is not even on the list they are assigned randomly. it's statistically improbable that this judge, and actingk judge, was assigned the trumpe organization case, the trump hush money case, and the steve bannon case. >> judge jeanine: heas wase, selected. >> greg: it's statistically impossible. >> dana: kevin o'leary, great to have you here and get your thoughts from your perspectiveps as a new yorker looking at thisk >> i was in europe at the beginning of the case during the stormy daniels testimony. talking to sovereign wealth funds. we've gotta -- done a lot ofth damage to the american brand.d e trump and biden may be gone ande four years but the damage done to the office of the executive, a 200-year-old brand, the reasoa we can go overseas and bring billions of dollars back is they trust our system. this has rocked the bedrock of that belief. she was testifying about condomi brandsng and sex and they were asking me what is this? like wasn't this the presidentdt of the united states? so i think what we should do, and think about it as a country, forget about these -- this -- whatever this is that's really going on here, what is it doing to theof brand of the united states of america, because ingus just a few months, these guys are gone, but the executive, when a president leaves the office of the white house, thees president of the united states,m you better murder somebody if bo you are going to be brought into trial. you don't do condom brand porno stars. this is hurting what every entrepreneur does in america ane for me, we dragged our brand into the toilet on this one.i i hope everybody understands itm anytime you want to talk aboutso this case, forget about it, think about america, the mother egg that we want to protect. is this what we want to do to former precedence?forg any former president. we have to raise the bar inav bringing these cases because born stars, i've never understood what she has to do with campaign law.? nobody understood that overseas. in london.er where'e's the condom brand and e law on cook campaign financing? i did not get it either. i said look, it's an unusual time, let's talk about -- instead. they said no, was talk about tha poor and star.for not great for me trying to brink back money for data centers. >> dana: much more to come,st donald trump is still in court, he may come out and speak at any moment and we will bring that to you alive but coming up next,s even the media think this was a bad idea. the biden campaign's robert de t niro trump trial stunt is backfiring. [♪♪] everywhere but the seat. the seat is leather. alan, we get it. you love your bike. we do, too. that's why we're america's number-one motorcycle insurer. but do you have to wedge it into everything? what? i don't do that. this reminds me of my bike. the wolf was about the size of my new motorcycle. have you seen it, by the way? happy birthday, grandma! really? look how the brushstrokes follow the line of the gas tank. -hey! -hey! brought my plus-one. jamie? when your cat's hungry, you definitely know. when he wants your attention, he makes it clear. when he wants to be left alone, he makes it obvious. but if your cat has oa pain, also known as osteoarthritis pain, he may be saying “ow” in different ways. it's a long-lasting condition that makes it painful for your cat to move like they once did, like when walking or climbing. red flags are everywhere. but cats are really good at hiding their pain, so you just need to know what to look for. visit catredflags.com to learn about the signs of oa pain and how your vet can help. with absorbine pro, pain won't hold you back from your passions. it's the only solution with two max-strength anesthetics to deliver the strongest numbing pain relief available. so, do your thing like a pro, pain-free. absorbine pro. [♪♪] >> you are a gangster. >> excuse me. >> and then they have a protest yesterday, a broken down pooles standing out therete and he he t a big dose of it.f it >> judge jeanine: donald trumpu popping off on the biden campaign's de niro stunt whichtp bombed harder than roberts last five movies.s ou the actor was outside the trump courthouse letting his undiagnosed trump derangement best of him andiber even the liberal media was embarrassed. >> this was a bad idea, this entire thing was not a great idea. >> let's step away from celebrities. i don't think it helps. i think it almost in a weird wad sometimes backfires, they are well-intentioned and robert de niro is well-intentioned but i think staying away from the courthouse would've been the best thing. >> jesse: taken aback by thed tr raging tool and tried to get tha biden camp to backtrack. >> american citizens are not supposed to politicize a court proceeding. i feel the same way about thet campaign, is there any concern about the campaign getting arn a little bit too close to thoseee court proceedings and could that backfire? any concerns, was it a good decision? >> no, there's no concern. this campaign is not speakingsu about the substance of the trial in any way. what we are talking about and a what we will continue to talk about is the unique threat that donald trump proposes to our democracy. >> jesse: all right o'leary did the de niro stunt backfire? >> you know, i spent a fairnt b amount of time in los angelesr with hollywood types and i've w always said to entertainerits tw think this through.a when you aren't entertainer, and you are a great one, you don't want to get into this kind of narrative because you are going to make unhappy 50% of the people that go to your movies. fifty% are going to say i did not hire you to tell me who to vote for, i hired you to be a great actor. and he's a great actor. i think he hurt himself, hurt his brand, and he's definitely got -- i was listening to that thinking to myself you know what biden should do, and judge ie wi know you will tell mete technically this is impossible, but maybe he can do it and get credit for it, when and if trump gets convicted of any of these charges, he should pardon himonh that second and clean the record and say i am a man that wants to compete on the merits of our policies, let's start debating. that would lift him out of the garbage he's involved in with this kind of de niro stuff. i know you can't do that becaush it's new york but can he find f some way to take credit for ityk by getting a higher power in nem york to pardon this? this has hurt our brand, i've said it five times, but what's the right thing for biden to do to clean up the fact that half the country thinks this is a politically motivated persecution? >> judge jeanine: i don't think ththe presidenis it islit a man to do that. >> don't you think that wouldat help? >> judge jeanine: it would absolutely help but maybe it would infuriate his base. plus there's no question he's behind given the fact that the number 3 of the department oftmn justice jumped down three steps to prosecute a local das case. so i think the fingerprints alle over this plus he's upset aboutp what's goingse to happen to his son hunter so i doubt he's in a forgiving mood but i have to tell you, i mean i wish we lived in a country where that could happen. i do.ni >> it should happen. >> judge jeanine: it's notoing going to happen unfortunatelyun but since i started, jesse, a couple things. if you are bleeding young voter and minorities, you don't bring out de niro. de niro is the one who said last year i like to punch this guy,hh you know, as if he's a gangster' and then he's calling the trump people gangsters. and for this guy, to say on not talking about the substance oftc the trial, they did it right outside the trial. who are they kidding? it's just they are so hungry to attack donald trump, and this guy is just a loser. he had some great movies i agreb but right now he's a loser and s he's pass his prime. >> jesse: he loses at school,thn it's one thing to read off a script, but then he could not handle the crowd. >> greg: it's a big letdown. i know that he's not his roles but come on dude, golden girls have more testosterone than him. he's a butthole with eyes and the worst part is he's blind.pa here's thert problem with this e niro stunt. they trotted out's t the poster child for trumped arrangement but he does not just need a dr,a he needs a telethon. i mean where is jerry lewis when you need him? i know he's dead but somebody needs to stage an interventionso before he douses himself in brylcreem and sets himself on fire. he's beyond help. he had one bullet in the chamber and he shot himself in the facel he felt that this irrationalnal, personal hatred was more important than the issues that america faces, all the things we talk about, crime, immigration, china, the debt, and he has not said jack about this before and he won't after because this is a luxury hobby for people likeluxu him.by he owns half f of lower manhatti so he'm.s aloof, he's well-off,t can do this and crime good rage all around him and it won't matter, but it matters to us. >> jesse: and the show that joe watches every morning, morning joe, obviously not happ with the strategy, sending a message that not a good idea going forward.ing >> dana: we know thatw th president biden watches every morning and when you've lost donnie and they are saying whatu a bad idea, he's probably goingh to blame somebody else but ie lo think the biden campaign, theykf are in a real fix. they've been understated but this is one of their first big events. they are going to get attention for it but it just seemed a little off. the other thing, you think mike tyler is a very good hire forid the biden campaign. i think he speaks well and i think that he's been givengive direction, like this is wheres h the campaign is going. i'm curious, i wish they would share more of the data they have that says that this messaging works for them because it's nott in any s of the polls, mainstrem polls, it's not in anything coming from carrville or people who really want joe biden toscar win, they are all saying this is not working, a whole -- trump w will destroy the world, that's not working. you guys need to talk about -- but for some reason the campaiga keeps on that track so i would love to know, just show me avide little bit of evidence that it makes sense. i think the point about thed is brand is important and one of the things to remember is that joe biden's team made a very clear that as soon as the verdict is given, president biden is going to give an official address from the white house andresd it is not, definiy not going to be a pardon because what he wants to say more than anything else is that donald trump, my opponent, is a convicted felon, and they will say that and hammer it and they will probably continue to lose in the polls unless they canut s figure out some other way to turn it around. >> jes