haro folded junior and greg gutfeld, it's 5:00 a new york city, this is 'the five'. [ ♪♪ ] it's monday and here we go again, hunter biden about to leave the court house in wilmington delaware, the jury selected an opening statement starred tamara as his comeaux gun trail kicks up in my country is charged with three felony counts related to lying on a gun form back in 2018, he could be facing up to 25 years in jail. hunter getting a show of public support of them as family, his stepmother first lady jill biden appear in court today, this weekend president biden was at his beach house spending part of the day biking with hunter, the new york times claims he is expected to speak daily with his son and today, president biden released a statement saying as a present i don't and won't comment on pending federal cases, but as a data have boundless love for my son, confidence in him and respect for his strength. it's not the first time that biden has said something about his son's legal problems. >> of their sonic personal that is affecting you, here is sound, no ties to you could be charged by your department of justice. how will that impact you presidency? >> president biden: festival my son has done nothing wrong, i trust him, i have faith in him, and it impacts my presidency by making me feel proud of him. >> dana: the trial of hunter biden will be a serious test for the democrats a claim that nobody is above the law. house minority leader hakeem jeffries defending biden's comment that hunter did nothing wrong. >> president biden commented as a loving father, at one as any loving father would do. and this justice department is going to proceed in that fashion, present the facts of the law and we will all have to weight for a determination that is made by jury as to hunter biden's guilt or innocence. >> dana: it judge,"'s way in here, maybe to start therapy can go wherever you want. with hakeem jeffries saying, he is okay with biden saying that as a dad. >> judge jeanine: -- >> dana: leader of the justice department, not the ag, enforcement officer. >> judge jeanine: if he did nothing wrong, why was he about to enter a plea deal with the judge? and even with the judge said of the plea deal was so wrong she could not accept the plea deal. you know what i think i can think of this as a very solid case, but i also think that venue has a lot to do with things as you know dana. on the one hand you bring a republican into manhattan with a jury pool was very anti- trump, and you bring a democrat into delaware where the jury is a pro- biden. it's kind of interesting, that jill biden went in during jury selection, it's kind of like a mob tactic to kind of stared down at the jury, i'm sure though she did not mean anything like that. the jury selection is a strange time to come into court. i want people to understand one thing, that this isn't just an illegal gun case, wheat you see it all the time people get away with them all the time, this is a gather went in and lied on a application calculi to the guy he was buying it from and of course you took possession of it while he was engaged in the use of legal drugs and narcotics. so it's not just gun possession, it's not just the use of the gun, it's the use of a gun when you are surrounded by drugs. it's perjury. on a felony affirmation. it's not just the illegal gun possession, it's so much more than that. it's so many more steps, it's his -- at the brother's widow uploading all sorts of pornographic images over the two of them with her was out of the gun allegedly because she is concerned about his drug use and his possibility of having a gun. i'd know what happened dana, do you remember when they first said the secret service got the gun from the garbage can across the street after haley threw it away? all of a sudden i'm looking through all the nodes guys, there is no mention of secret service. in any event that's about it. and just in case. >> jesse: >> dana: of a home was again -- not almost got an elderly guy wants is a trash, he founded as secret service remember that to. >> greg: hunter blamed it on mexicans," it's not forget that. >> dana: wasn't part of his defense that you cannot blame me for marking a down incorrectly because i was a drug addict? it's like, but the complaint -- >> greg: you know joe is a loving father, so strong. but it does not matter? does them out of their guide as a matter here. this narrative of sympathy round up a father struggling with his son's addiction, that is signed and dealing with grief through his addiction but now he's embarking on recovery in the media is all in on those because you always pick and choose the victims and the victims are always a criminal. i am conflicted on this because his two things men will lie about, sex and drugs. i will understand trump was the sex worker, and understand lying on a going application. guys out there who shoot teen -- tin cans and events while drinking a beer and smoking a joint but he is, like the judge said, the worst example a gun owner, parading around on a drug down among criminal elements, from dealers to hookers and he's not even wearing your holster. there's no place to put that gun. this is a case a guy who should not be having a gun but he had a gun because nobody says no to hunter. and this is why i am conflicted because a look at the charges and i'm like everybody lies. but trump was charged and convicted because of who he was. hunter got away with everything good for decades because of who he was. it is stark contrast between how an outsider, a prisonlike trump who is not gained at the core of political power gets treated versus the insular creature of the political machine, a member of the biden family. and they tried to protect hunter, man that i used more like preservers then -- the lapse of denial, 5050 experts, all of them stood cabot's security clearances. that definitely helps them out. one over there is a connection there. one more thing, the affidavit, that's good c5 jesse we will pick you up from that. >> jesse: this is a kind of slamdunk cays he could've reasonably brought against some really don't trump. you have a weapon that tested positive for cocaine, a have a weapon of my give three eyewitnesses, the defendant confessing got gay video evidence, a smoking gun documents but instead they bring a case against trump 430,000-dollar nda, meanwhile congress has over 100 nda's totaling $17 million, nobody in congress was charged with campaign finance violations, it's because our names are not trump. and you write, this venue is insane. this is new castle county. this name is fitting that you might as well be a castle with the jail biden went to joe biden is the king. this is small town politics at its finest, one of the jurors said, you cannot swing a cat around here and not have everybody find out about it. you don't go to jury selection, the trump family didn't go to jury selection, the whole biden clan goes to jury selection and not sitting silently like this, that making faces, you're whispering, there's smirking, you're making a scene in front of the jury. and you already had a witness tampering allegations against joe biden revisiting one of the witnesses the weekend before and now this. i'm sick of people saying if you're a drug addict it's, you get a jail at a free card. doing drugs is a decision. and it's also a decision to quit. you can kick the habit if you want and hundred biden hired all of the resources in the world to do that. and he did not. now his defenses he's not accountable for anything he did for seven years? because he was on drugs? you can say that! you can't have that as the defense, while at the same time you see hunter living right now, that is saying for seven years he was in his agenda claim to yell educated lawyer on the board of international gas companies, wheeling and dealing with chinese tycoons, he was in control of his life there but every time he was breaking the law he was not in control of his life? and his just a helpless victim of a disease? no. and joe biden the tragic thing was the one pushing his son while he was addicted to crack cocaine, pushing his son to rake in money, to spin it on the rest of the family. but i don't think he would get sentenced to prison, you probably should not get sentenced to prison and if he does, his -- his father will pardon him. >> dana: it like the last lawyer. >> jessica: good to be back around the table, everybody as is that it is innocent until proven guilty and hundred biden deserves that as president trump and every defendant in the country deserves that. but countered a little but with my friends, the judge and jesse, the prosecution about the case in delaware so they knew what they were dealing with. it wasn't as of the defense chose to bring the defense against themselves in delaware. nothing in the idea of the family showing up i differ with you on it a little bit as well, i hope never to be in a position of having to be in a courtroom but certainly i faced hardship in my life and my family has always been there for me, not surprised, not surprised by this. one thing you did not hear today from hunter biden or jill biden or joe biden, were any words about a judge, the georgia may add were appointed by president trump, she is known to give money to tom cotton and nick rodney. i think she'll be fair, no reason to believe she won't uphold the alt different oath of office she took. as you rightfully pointed out he is a lawyer, hunter biden. he knows what's at stake. if the fogs and the evidence prove he filled out this organization knowingly, whatever the standard is in the judge would know better than all of us, and you lied on it that f form, and he will likely be convicted. one other thing i did not hear any of them say they would not accept the outcome of whatever the jury here decides. i was surprised and courteous of the judge's reaction, the jury was seated in less than a day. i would've thought with a high profile nature, normally this kind of trial you could see the jury and a half a day or morning get before lunch. but with the attention around this case, it is surprising or at least surprising on my end date sought the jury so quickly. those again who think it was wrong to have the first lady show up who is his stepmom member president trump had every right as speaker john streit and others to show up in support of him. would imagine they will see other people show up during this trial but the bottom line is that if the prosecution improves did what they said he did, you will have to live with the outcome. >> dana: other reason she may have gone is because she and the president are leaving for normandy to observe d-day. could be. we don't know. up next on trauma leading 34 felony counts get him down as a former president feels about going to prison. [ ♪♪ ] ♪ ♪ ♪ ♪ here's to getting better with age. here's to beating these two every thursday. help fuel today with boost high protein, complete nutrition you need... ...without the stuff you don't. so, here's to now. boost. we've always loved taking care of our home. but last year, grandpa here broke his arm. we realized some home maintenance jobs aren't worth the risk. that's when we called leaffilter to protect our gutters. leaffilter's patented filter technology keeps debris out of your gutters for good. they gave us a free inspection and we had the system installed that week. my only regret is not calling them sooner. now we can focus on what we really enjoy. join millions of satisfied homeowners. call 833 leaffilter today or visit leaffilter.com [ ♪♪ ] >> jesse: democrats tried to knock out trump with 34 counts was 35 is in going down that easily. former president trump getting our hero's welcome with the ufc fight of the weekend, 48 hours after getting convicted. his campaign joining tiktok cat gaining of millions of followers. and then he went on a fox and friends a weekend make this declaration. >> mr. trump: my revenge will be success, and i may not. but it's awfully hard when you see what they've done, judge could decide how stressed or jail. how do you face -- >> mr. trump: i'm okay with that. is that one of my lawyers the other day television saying no you don't want to do that, i said we don't beg for anything. our know if the public will standard, in think it will be tell from the public to take. mr. newport is a breaking point. >> jesse: trump also turning guilt into gold, raising more than 200 million in the three days following the verdict. but if you can't beat him jalen him. democrats in the media aging to get him locked up before the election. >> do you think it will be dangerous for the country if donald trump was sentenced to jail? >> this is a thing or donald trump is aiming for, this is essentially his threat that if he gets jail time, is going to encourage his supporters to rise up. >> and it will be put -- just put him out on a double wide summer out on the grass, it's doable. >> i'm afraid of him going to jail kind offer him or for his safety, i'm more concerned for you and for all of us in a prison situation, he is willing to give away these secrets as i always say for bag of tuna or a book of stamps. >> did as a good chance he will go to jail even if it's just for six months and i think we should take -- yes. >> jesse: there is a rumor going around that you have a a point. >> dana: it it's not a point that anybody else hasn't made, the numbers have spoke for themselves, $200 million back when ruth ginsberg died, the democrats raised $70 million on the small dollar donation thinking which is record breaking out of the time, donald trump was able to beat that what came close to that's that's pretty monumental. i think it will help all republicans because republicans for a long time have been behind democrats and efforts to raise small dollars and that has been a big problem for is that last mile of the marathon one going into the election when you think you might have a red wave and a did not happen, those last 60 days when he needed money, then inserted comes forward and small dollars are important. not only do they get the small dollars but the us get the information. the theory at had connecticut mensing is a brilliant about to add a finer point to it, there are people that are swing voters and then there's people who are low propensity voters, the ones that like i don't know, i might, might not. you can't really count on them to go to the polls to make this window voters will definitely go and vote for somebody, is a small pile of those bows biden and company to them to win. think what happened was, it's not just the donations, if you'll go the reporting in the free press, talking to like ten different people who said at a likely guide, but i'm definitely voting for him now. as president trump came off the verdict and one to the ufc and started tiktok and raised all this money, it was his chipping away out of the swing voter and low propensity voter block. how is offer a theory? >> jesse: let the record to show a was on the only one that thought there would be a red wave it, i was just following the polls. judge jeanine, 200 million since thursday. does that tell you? >> judge jeanine: it tells me is what it tells most americans, and that is that there is something in their gut that tells him this is not fair. these are not all of them certainly not people that voted for donald trump, not necessarily people who've even ever given have money, we know that for a fact. this is causing americans to kind of look at what has happened and kind of resisted it. you know when you look at the democrats, one they get crazy like you know in 2020, it cost $2 billion worth of damage to this country. people were injured, several were killed, burns down a building is, and of course adam schiff and everybody is predicting all with the people on the right will go crazy because they won't go crazy. you can see yourself, $200 million in a few days to donald trump, no protest, no riot, nothing happened. all they know is they got to win and they know how to do it. and trump's he is okay with arrest or with his going to jail. it's a good thing to because so donald trump when he said he don't beg for anything. that was just so donald trump. but he is not going to say please don't send me to jail and his nonsignaling to his people if they do, you have to go crazy. there is a columnist about this. and i think america's appreciating that and they got maxine waters and saying over there going to go crazy, maxine waters is a she's worried about civil war and bloodshed such as raising concern with law enforcement in order to be prepared if trump goes to jail. no, in my google him please, please! he talks about id classification? if trouble goes to jail? what are they going to do, classified, but a wand in front of him and declassify every think seek and spit it out? michael cohen is just ridiculous. and for the end for gym it is a, you know this is a guy that is a danger to all of us, the one to close investigation on hillary in the southern district, you are the one that got up and said the e-mail was no case, could not be prosecuted, jim is probably the most credible that might least quotable guy. >> jesse: a hero folded junior, the welcome that trump received a ufc was something. you medially after the first flight begin get we had a let's go brandon chand. how do you interpret that, that's new york, new jersey's basics that had to make the president feel good, my best friend from college was there and said the place was, he's not a supportive president trouble he said the place was, the electricity was palpable. i would say a couple of things, first, there is no doubt the president has enjoyed and carnival fundraising boom as a result we had to thin the trial was a catalyst for the verdict was at trial, maybe the catalyst was the trial itself. maybe the verdict because he was not raising that kind of money during the trial, it was after the trial i would argue that the not guilty verdict would have raised even more money. for me two things you noted, first those no doubt of his going enthusiasm amongst the boulders. and the judge made a point there may be new supporters of given, you may be right, to your point the question becomes, does it grow the voter base in the six states, the independence? i would argue the republicans is supported, -- a subordinate daily, is that group enthused? i'm sure there will be pulling out of this in the coming days, if you think about it is politically from the electoral standpoint, that is a bigger issue. i will give the president of the benefit of the doubt, and no act criticize -- get criticized for giving people the benefit of the dell but i will with his willingness to exhibit the outcome or diverted, diverted with the sentencing, he could not speak for other people. i have did was we get closer the president will say, hope everybody takes this as i will take it, a light sentence, medium sentence, no sentence or heavy sentence, should all take this as americans and except the sentencing. >> jesse: if it's a victimless crime for first-time offender, 77 in the former president, of not expect jail time would you? >> greg: i love it, as republicans please don't act like democrats. don't destroy things, be good. be good! can we show the montage there, there is a little rule with montages, only the size of them dictates how many crazy people you can find. it we had seven of them there would have been seven were there were only five. the typical ones he had that creepy lawyer, the weird lady from the view, some other dirtbags, whatever they're all the same. it tells you that is a muted response from hollywood to the white house, there is a second guessing what is happening, it's like they hate to mike tyson when he was high and now the edibles have worn off. that you