how about the timing of this news play out? welcome, everyone, i'm sandra smith in for neil cavuto and this is your world. justice steven breyer set to retire after the current term. giving president biden a first crack at filling the seat on the high court. bret baier on what role this will play in the midterms. first to peter at the white house. >> we didn't hear any kind of a detail what comes next. the white house doesn't even want to say who, or which official works here who will be in charge of the search for replacement. president biden was asked briefly about this but he wanted his focus to be entirely on "build back better". >> every justice has the right and opportunity to decide what he or she is going to do and announce it on their own. there has been no announcement from justice breyer. let him make whatever statement he's going to make and i will be happy to talk antibiotic later. >> joe biden was there at the beginning almost 28 years ago when justice breyer was before the senate justice committee. and now joe biden is going to be in charge of picking a replacement. all we know about that, is that he's pledged to pick a black woman. we don't know which one. but we do know the white house, at least today, is not entirely ruling out the possibility that it could be vice president kamala harris. >> would someone who was attorney general of a large state and served with many key senate votes be an attractive candidate to the president for an open supreme court seat? >> i see what you did there, peter, but the president has every intention, as he said before, of running for reelection and for running for reelection with vice president harris on the ticket as his partner. >> they really don't want to say yes or no to any questions about this because justice breyer has not made an announcement himself. we do expect the communications strategy in their posture here to change though once breyer makes the announcement. sandra. >> sandra: we are looking at a statement that will come at any moment. peter, thank you. we'll get more on the timing of this with bret baier in a moment. but first to shannon bream who is on the short list. >> i think the top of the list has to be federal judge ketanji brown jackson. she has been nominated but less than a year on that bench. went to harvard. she is a very well qualified, very well respected. it's kind of like the step between, you know, all of the other federal judges in getting that next step closer to the u.s. supreme court. it's often viewed as sort of a trial balloon. she has a shorter record there but longer record as a federal judge. very well respected. not seen as someone who is highly partisan but more moderate. she has been through the senate twice. last vote was 53-44. and she did get republicans voting for her. another judge to watch is justice krueger. she is a justice at the california supreme court. both of these women have sterling academic credentials. they both clerked at the high court. they are both relatively young. 51 and justice krueger is 45. that may give her an advantage for her put someone on there for as long as you can. you would think would have a longer legacy. but 51 is still young for supreme court justice as well. those two are clearly the front runners. >> sandra: okay shannon bream on that. now to bret baier. lots to get to here. there is a lot happening abroad potentially. to shannon bream and jennifer griffin's reporting on this. jennifer griffin putting out, this is a complicated decision and a lot of factors involved. we are getting brand new reaction from senator manchin. he just issued a new statement on the retirement of supreme court justice breyer. wishing him a happy and fulfilling retirement. he did go on to say i take my constitutional advising to the court very seriously. he looks forward to meeting with and evaluating the qualifications of biden's nominee to fill the supreme court vacancy. this leaves us off where this all goes from here. what you hearing, bret? >> i think this is the first good news for democrats in awhile. in other words, something to talk about besides sinking poll numbers and a tension tender box on the ukrainian-russian border. i think will be an expedited process here. senator schumer said he will really push forward with this. but remember, the official announcement hasn't come. and you have senators weighing in on the announcement that has not come from breyer himself. that tells you a lot. we are being told breyer told the white house his intentions last week. somehow that news gets out. and it seems like, you know, this was a political leak of one way or another. whether breyer is upset with that or just surprised at how it came out. it wasn't how he invisioned envisioned it. and he planned to do this move. i think there will be this effort to get someone in the pipeline and the ideal goal is to get someone seated, obviously, before the first week in october when the next term starts. >> interesting the reaction we are getting at the top of the 4:00 hour. we also just heard that mitch mcconnell weighed in, in a very similar fashion that the president joe biden did a couple of hours ago. mitch mcconnell saying he's afraid to put the cart before the horse. he says justice breyer has not yet made an official announcement. he entitle to do whatever and wherever he chooses to. and i will have a response to his long and distinguished career. you said this is good news for democrats. something else to talk about. perhaps, bret, it's also something else that democrats can unite behind. considering they've been so divided on some of these big issues. >> and historically if you look at, for example, senators manchin and sinema when they have been faced with nominees to the bench, that come from this administration, they have largely voted for them. almost unanimously. and this particular justice retiring would be not an ideological switch. so it's possible that whoever they pick would be kind of left leaning. it would not effect the court as much. although some of the rulings, the decisions by breyer that he weighed in on were fairly moderate over the span of his career. i think they have the votes, democrats do. so look for one of the people that shannon just talked about, to be put up fairly quickly. and we'll see. i think the kamala harris stuff is a little bit out there. but you never know. you never know. >> it was one of the first questions that psaki got in the briefing room today. having spoken with the pentagon spokesperson john kirby earlier. we heard from secretary blinken today, saying the ball is in russia's court as far as what happens next with this potential invasion of ukraine. bret, what your view, and from whom you are talking to, what do you hear about putin's next move? >> it is all in putin's mind but there is a consensus that they believe it's eminent. imminent. they believe it's going to happen. there is criticism with the way this handled that they handled over this private response that was not public. and two demands. the russians said it's not good enough. what was handed over by the u.s. but we don't know the details. other than secretary blinken saying they didn't give away the farm. so i think there is a lot of doubt, but not doubt that the threat is there and that they believe, the u.s. government does, that they are going to move in. the russians. >> one real quick final thought on other big news. as we know top issue for voters, that is inflation. we did get some indication today and it did move markets that the fed may be looking to start raising interest rates in march. had a big market reaction. the dow ended up finishing lower on the session. it was green for most of the day. but this is what president biden said needed to happen. he punted to the fed to do something about these high prices. final thought on that. >> well, i think the markets heard no raise right now. and got excited for a little bit today. but it's already baked in the cake that those increases are coming, as you well know. and i think that inflation is the thing that is going to effect votes the most when you get to november. >> good deal. bret, thank you. we'll see you at 6:00. special report. >> you bet. stock tumbling this afternoon late in the day after the federal reserve big signal to push those interest rates up and bring inflation down. susan leaveman has been tracking the action for us. susan, markets reabouted. they didn't seem to love it. but it wasn't a steep selloff. what is going on here? >> yes. sandra, you know trying to forecast federal reserve action in interpreting fed speak is really an art form on its own on wall street. and trying to figure out what the central bank is going to do to tackle sky high inflation is a main reason the u.s. stock markets have had the worse startto a new year in 90 years. they will have to get a lot more aggressive when it comes to rise interest rates. you heard the federal reserve keeping interest rates on hold for now. close to zero. they are dealing back by cutting bond purchases down to $30 billion each month. and interest rates will be going up, in a few months. >> i would say the committee is of a mind to raise the federal funds rate at the march meeting. assuming that conditions are appropriate for doing so. we have our eyes on the risks, particularly, around the world. but we do expect some softening in the economy from omicron. >> so that is a clearest indication yet from the federal reserve that interest rates will be going up in the springtime. that was enough to start moving treasury yields higher which moves stocks lower. and all stock indices falling. and that reverse a sharp rally which was the best of the year so far head into that press conference. that is really a continuation of a volatile trading action that we have seen so far this week with stock markets swinging wildly. microsoft is a great example of that up and down trade. america's second biggest company managing to keep some of its ally. you have tesla reporting this hour. and tomorrow we have apple issuing its report card. sandra. >> market is always unpredictable. extremely unpredictable and the trading days we have seen so far this week. quite a month it has been for the u.s. stock market. now to the showdown with russia-u.s. fighter jets arriving in ally territory. where is this heading? hear what john kirby just told me. and first russia now the top republican on house foreign affairs is warning china may be timing an invasion of its own. mike mccall just being briefed by secretary of state anthony blinken. what is he learning? we'll find out. we know that secretary blinken just spoke. he said, quote, the ball is in russia's court. so, what does putin do next? >> we hope what mr. putin does next is move some of those troops away from ukraine and out of belarus and deescalate the tensions. >> sandra: he hopes russian president vladimir putin will pull back troops. this as more u.s. equipment arrives in ukraine. griffin is at the pentagon and has the latest from there. what do we know about this hour, jennifer? >> hi, sandra. the next three weeks will be crucial as we see how this brewing security crisis, one of the worse since the end of the cold war unfolds. i'm told we are in for a very dangerous and dynamic few weeks. today, as you mentioned, six american fighter jets deployed to ah stone yeah which has felt very jittery. this is all part of the u.s. and nato effort to bolster its eastern front with defensive weapons to reassure nato allies, like as tone yeah that article five still applies and the u.s. and the rest of the u.s. alliance will defend their allies. thousands of u.s. troops remain on heightened alert but have not been given the order to go yet. remember, none of these troops would be sent to ukraine. >> what we said he's got a lot of combat power already in place. which means he has options available to him right now. and without getting into any predictions, we have to be ready in case this happens very, very soon. >> nato is a defensive alliance. and we do not seek confrontation. we will take all necessary measures to defend and protect all allies. allies. >> ukraine which is not a member of nato but an important ally, just announced it would begin arming 130,000 maly shall forces. the u.s. has delivered a written response to russia's demands. the next weeks will determine whether putin opts for diplomacy or war with ukraine which promises to be very bloody and many at the pentagon believe will drag russia into a quagmirier. >> sandra: thank you. earlier as i mentioned i asked john kirby about the situation on the ukraine border and he said it was his hope that putin would pull back. listen. i heard you say hope, is it your hope? do you have any further knowledge today that putin would intend to back off of that border? >> we have seen nothing. and i've said this just recently at the pentagon. we have seen nothing that makes it clear that mr. putin is willing to deescalate the tension and move those troops away. here at the pentagon, our job is to defend this nation and security missions. so we have to assume that with we've got to be ready. >> sandra: all right with us now former deputy under secretary of defense. do you believe what we are hearing from the department of defense and the pentagon that will will eventually be a war over ukraine? >> well, i thought kirby's response, as you would expect, was very, very measured. and when you ask him about the issue of is this his hope? i thought he revealed there is probably an expectation that putin is going to cross that line. now i don't think it will be right away. and i believe that unless something significant happens between now and probably the next three or four weeks, i think he's going across the line. the winds in his sails right now. the weather is right. he's staged for it. and on all three sides of ukraine. and how long is he going to be willing to hold those forces in place there without actually using them? and i think that the odds are that he will, in fact, invade ukraine. >> sandra: but still what you hear from the biden administration, the white house has continued to say they believe they can take a serious path of diplomacy to avoid this conflict. do you believe putin has made up his mind at this point? or do you think diplomacy can actually resolve this? >> well, yeah. i'm not sure that diplomacy alone, let me be clear about this, diplomacy alone, can bring this to what we would consider an acceptable conclusion. because i don't think that our president today carries enough credibility for diplomacy to work. now i do think that now would be a very, very good time to go ahead and reimpose the sanctions on the pipeline. that should get the german's attention if it doesn't get vladimir putin's attention. but i think that diplomacy has to play a part in this. but i don't think that putin is going to be real impressed with diplomacy that is not backed up by a history of action and resolve. and that is the case right now. >> general, do you believe our allies are on board? you mentioned germany. we know they get half their natural gas from russia. a third of their oil comes from russia. you said imposing those sanctions now could be something we could do now that would get their attention. do you say that because you don't believe they would be on board with this fight & join the fight if putin was, indeed, to invade ukraine? >> well e i think the germans have shown that they are just not 100% into this with us. they have refused to allow the british airplanes to deliver material to the ukrainians or the baltic area by using their air space. and they have not provided any material to ukraine. and talking about providing a nonlethal aid in the form of a hospital. so i think it's very clear that the germans, because of their ties to the russian energy, what are they? 50% of their natural gas comes from russia well, they have gotten themselves into a bind. and then look at turkey. and i think turkey, being the second largest military in nato, i think that turkey has probably demonstrated that they are not going to be into this with us. so i don't think there is unity in nato right now in spite of the fact that the president keeps saying that there is. not to mention the fact that he has alienated the french, previously, because of the submarine deal with the australians. so i don't think there is the kind of unity that we need at this particular moment. >> sandra: that is a big statement. john kirby insisted the germans are on board and that we do have their support in the fight. and we'll see what happens next. appreciate you joining us, sir. thank you very much. >> thank you. as the federal reserve makes a plan to bring inflation down, is the white house pushing a plan that could drive prices up? and michael mccall is saying another invasion threat is looming. this time from china. he's here. >> sandra: elon musk electric car company beating wall street certainings and sales efforts. shares down 3% we're back in 60 second. big meeting at the white house today. president joe biden pushing his spending plans with major ceo's despite inflation. to hillary vaughn on capitol hill she has the very latest from there. hello, hillary. >> hello, sandra. the president has not made much headway on build back better. so he has turned to major companies to try to address concerns that build back better would be bad for business. all at the white house to talk up the legislation that the president, once again today, says is the cure for high prices ailing the economy. >> real challenges. we've got to get prices in check and for working people out there. and that is why the last component of my plan is so important and why the support of these incredible business leaders means so much. >> white house sources telling us that the ceo's think that the benefits of build back better actual outweigh any potential tax hikes that would tag along with it. but this corral of top corporations is not sitting well with some on main street that say the new taxes on the table would crush them. the president of the job creators network saying this, even the scaled down version of the spending and climate bills are a one-two gut punch for the same businesses that are already contending with labor shortage, ever rising inflation, and energy cost. sandra, it's no surprise that some of these car companies are supporting the legislation. there is a big fat tax credit for electric vehicles in build back better. sandra. >> sandra: hillary vaughn live on capitol hill for us. hillary, thank you. as we reported earlier, the federal reserve this afternoon signaling is ready to push those interest rates higher to try and get inflation lower. so is this any time for washington to call for more spending? gary, we've been talking about how all that spending has pushed all those prices higher. so in an inflationary environment, wouldn't spending more and the president's plan make inflation worse? >> it boggles the mind. economics 101 and 201 says if you keep priming the pump, inflation keeps going higher. we are not at the point where it's completely out of control. but if they keep going this route, we are may end up that way. and all this talk about interest ratings staying down at 1% or 2%, we may see them at 5%. and then all heck breaks loose in the economy. i have to add the other component. to think businesses in the consumer, ordinary americans that had to deal with two years of a pandemic that is still going on right now, and hopefully gets better, to them them we will take a few trillion dollars out of the economy now and put it into our hands is just absolute insanity. it's a sin. and the fact that those auto companies are agreeing it's not an accident that they are getting some big tax credits. currying favor with the white house. >> it's the white house that really punted to the federal reserve to tackle inflation. because the federal reserve, there was indication they would start to tackle the interest rate inflation. easy money environment we've been living in. if inflation exceeded 2%. that ship has sailed for quite some time. for months now we've been over 5% inflation. so arguably the fed, many make the case has waited too long. and exacerbated an already bad situation. that being said, the federal reserve did indicate they will start raising interest rates. the markets were okay with that until he held that press conference. and then powell indicated that there was quite a bit of room to raise interest rates. so the struggle, gary, to try to paint this picture very simply, is they've got to step in to tackle inflation, raise interest rates, but they can't raise them too much because that could cripple the economy. so it's a delicate balance. markets didn't like that quite a bit of room comment to raise interest rates. we are left wondering how high they will go. >> and a delicate balance for the market. the economy over the last few years has been the market and the wealth effect. you lose the wealth effect, and that is a big problem for the economy. so jay powell i think has boxed himself in. he is darned if he does and doesn't at this juncture. but i must tell you, he's got to raise rates. the last time we had 7% inflation, i think fed funds were above 10%. the only reason they are this low because he has been spending $30 trillion of printed money. and i think the chickens are coming home to roost. and he is walking a real fine line going forward now. >> sandra: there is no doubt the markets, wall street enjoyed the rally. in the meantime we'll see what happens next and how market react. gary, great to have you. so with ukraine still on high alert, is there another invasion threat on the horizon? ranking member of the house foreign affairs committee michael mccaul predicting it. what he says needs to be done to stop it. next. all eyes on russia and ukraine as tensions continue to escalate. but could china be the next threat? my next guest warning china could invade taiwan and soon. ranking member of the house foreign affairs committee texas republican congressman michael mccaul. good to have you here, sir. what is your prediction? lay it out for us. what do you see happening? >> i've seen the plans, the russian plans. they are very aggressive. very aggressive timetable when you look at the troop deployments. a lot of troops. 100,000. 75,000 more on the way. tanks, artillery, now joint exercises in belarus. it's getting very serious. and the time is running out. my concern is, there is no deterrents. and we know from history that weakness invites aggression. and chamberlain, hitler demonstrated that. reagan talked about peace through strength. every time we talk to the administration, i just got off a phone call with the secretary, and the leadership, and it's always, what are we going to do after an invasion? not, what are we going to do to stop an invasion from happening in the first place? >> that is a big statement. because there has been big questions. and we've seen the white house asked about this many times. why we are not being more proactive when it comes to putin. why are we waiting for him to make the next move. blinken said it today. the ball is in russia's court. your statement is for us to believe, there is more we can do now to stop this from happening. what is that? >> yeah, don't let putin dictate the terms. he is dividing and weakening nato. he is showing a force on the border. what we need to be doing is sending more lethal military aid to ukraine. and i have legislation to do that. i think it could be bipartisan. and i think we need coalition forces in eastern nato countries like poland and the baltic states to show putin we are serious. if we don't do this, an invasion is certain. and then, what is going to happen after that? there is no plan for post invasion of ukraine. and why is it so important to the american people? because after afghanistan, there was such a projection of weakness by president biden that our foreign adversaries became 'em boldened and now they are testing this president. putin has always wanted ukraine, the bread basket of russia. energy is a part of this. to control the black sea. president she would like to take over saquon. and kim jong un fired off two rockets claiming he has hyper sonics. >> sandra: what are you predicting could happen in taiwan? i know you are tying it to the mixed messaging that you we are getting on the message from ukraine. if we don't project strength and putin invades ukraine, he will take that as a signal that now he can two into taiwan with no consequences. i always find if you have consequences to bad behavior, you stop bad behavior. we are not sneak right now. president shi will wait until after the olympics before he makes this type of move. similar to what is happening to ukraine, we are seeing taiwan being surrounded on the sea and the air by forces of the ccp and a very strong projection of force. we have to show deterrents in the region. both in eastern europe but also in the pacific. >> you mentioned you got a briefing from secretary blinken, as i understand it, was there anything specific that you can share with us that he was identifying as a possible threat on that front? on a possible invasion of taiwan? >> well, we didn't talk about taiwan. we talked more about ukraine. i think the fact that we are pulling out nonessential employees from the embassy, just like we were doing that in afghanistan, sends a message about how high the threat level actually is. he talked about trying to resurrect the inf treaty that president trump did away with. and he believes he can talk his way out of this. you leverage the diplomats, you want them to succeed. but if they don't have strength and leverage behind that force, they fail. and what i don't see right now is any strength on leverage to the tough rhetoric is great, but if you don't have the action and the backing of the united states military and our nato allies behind it, it doesn't mean anything. >> sandra: i will end where we started. you said you believe that russian invasion of ukraine is likely, sir. with what sort of force should that be met? and do you believe our allies are completely on board? >> well, i don't think we will have any troops on the ground in ukraine. but we do have a presence with nato and our nato allied countries. that's the problem. what force will be used to meet a russian invasion? that is why we need the deterrents right now and not after an invasion happens. the reason why i'm concerned about the timing is because of the timeline in the plans themselves. and the aggressive nature of what i'm seeing on the border with these troops and artillery. the belarus operation, joint exercise, very, very concerning. the cyber attacks be afraid. they say be very considering --y concerning. i think it's going to happen soon. and we need to stop it. >> appreciate you joining us, congressman. thank you. >> thanks, sandra. >> sandra: so with crime in new york flairing up, some residents in new york city throwing down. >> we have repeat violence on the offenders over and over again. when is enough, enough? looking live at ferguson, missouri where we just got word two officers have been shot there. mike tobin has the very latest. what is the update from there? >> one of the officers was shot in the abdomen. according to police chief john hayden. he is in very critical condition. one of two police officers who was shot. they are both young officers in their mid 20s. one has been on the force for 2.5 years. one has been on the force for 3.5 years. they have pulled over a car that was suspected in connection to an overnight homicide. there was a shorting outside of a north st. louis club. someone was shot in the head and killed on the scene there. these police officers pulled over a vehicle where four individuals inside of these vehicles and someone opened fire. they have both been transported to the hospital. we are waiting for updates on their condition. and the location in all of this is very close to the location where mike brown was shot by officer darren wilson sparking weeks and weeks of protests in ferguson, missouri. sandra, back to you. >> sandra: mike tobin with the update from there. our prayers with those two police officers. mike, thank you. and we'll continue to get an update on their situation. officers increasingly in the line of fire as crime surges. retired nypd lieutenant cadinally is joining us. another horrific story of two cops shot there in ferguson, missouri. we hope for the absolute best outcome for them. what will be done to bring an end to this? it is every day stories like this, it seems. >> sandra, thanks for having me. and it's going to continue to happen as long as we have politicians who refuse to address the issue that is at hand right now. and that is the rampant assault on police officers. here in new york we've had the bail reform. and it starts way before that. we had governor cuomo in there since 2011 and he made it his mission from 2017 on to the present to appoint people in the parole board that release these killers of police. three -- so when you have bail reform that is not working and you go on a mission to release these criminals, these animals that go out there and just destroy everybody's life, what do you expect is going to happen? they are just emboldened to do whatever they want. and there is nobody challenging them but the police department and their hands are tied. >> sandra: we only have a few seconds left. we heard the president is going to meet with mayor adams in new york city. do you think anything good can come from that? >> mayor adams has to distance himself from the people that want to defund police. he has to get down to the nitty-gritty and protect the police and the people of the city of new york. he cannot do it with the people that he stands on the podium with that are outright haters of police. >> sandra: it's a big job and a big challenge. joe, happy to see you. we will continue to follow this story there in ferguson on those two cops that were just shot. thank you very much. we'll have more after this. we'll be right back. your shipping manager left to “find themself.” leaving you lost. you need to hire. i need indeed. indeed you do. indeed instant match instantly delivers quality candidates matching your job description. visit indeed.com/hire some of my best memories growing up were cooking with mom. so when she moved in with us, a new kitchen became part of our financial plan. ♪ ♪ find a northwestern mutual advisor at nm.com hello, for the last few years, i've been a little obsessed with chasing the big idaho potato truck. but it's not like that's my only interest. i also love cooking with heart-healthy, idaho potatoes. always look for the grown in idaho seal. >> he will be retiring. on capitol hill with the very latest. >> good afternoon sandra. three things, the math, the math, and the math. democrats must stick together to confirm a nominee. if the g.o.p. boat is a block. senate minority leader before the horse. >> we don't even know who the nominee is yet. that is something that the president has an opportunity to make. they will determine when, and if there will be a vacancy. >> surprise, everyone will be focusing on that. south carolina said that elections have consequences and democrats can't confirm a justice without g.o.p. help. everyone is watching the pig. >> commented on this previously, the president has stated and reiterated his commitment to nominating a black woman to the supreme court and certainly stands by that. >> senate majority leader expects the president to adhere his promise to pick a black woman. the senate will be deliberate, but he wants the nominee to be >> on capitol hill for us, chad thank you very much. as get tom on all of this, tom great to see you. we've had a few hours a thing about this. any ideas who the president might pick to fill the vacancy? >> sandra, at this point i think the two likeliest candidates are a judge on the d.c. circuit court of appeals, and a justice on the california supreme. i think both of them have been talked a lot about comedy a fairly long paper trails and they are going to be pretty well-known. certainly in the early hours after this big news broke this morning, those of the two candidates most of us are watching pretty carefully. >> much will be made about his retirement and the timing of his retirement, did anything about this surprise you tom? >> what surprised me a little bit sandra was the timing and that normally eat, traditionally, historically, supreme court justices announce their retirement at the end of their term in june. right before it breaks forth summer recess. the fact that he made this information a leak in january tells me that everybody involves knows the importance. if there is a ticking bomb here. they need to get their new nominee in here before the midterm elections and before a potentially republican senate comes into power because at that point all bets are off and the game changes entirely. >> what what his legacy be on the court? >> i think he will have a legacy as a liberal pragmatist. he always aligned himself with the liberal block, he was also known of having academic, scholarly question. he loved giving lawyers these very lengthy tortured elaborate hypothetical questions that offered to take minutes to answer. he had a little bit of the academic and him, a bit of the professor. he will be a justice who was liberal, pragmatic, who really cared about our country and the constitution and he wanted to get it right. even if us conservatives never always agreed with him. >> i'll never forget talking with him a couple years ago when he told me about what a funny guy he is an eight always test out his knock-knock jokes on all the other justices. great to talk to you tom it is been a great talk. >> thank you sandra. >> that was a busy news day for sure. and we will leave it right there because the five's about to come on and just a moment. americo reports, we would love to have you, thanks for joining us i am sandra smith and the five starts now. ♪ ♪ >> jesse: geraldo rivera, and greg gutfeld. 5:00 in new york city and this is the five. ♪ ♪ get ready for another heated supreme court battle. it liberal justice stephen breyer will be retiring this summer at the end of the high court's current term. the huge news leaking out before he could officially announce himself. multiple sources tell him that the justice was surprised with how this