i'm jesse waters and dana perino and greg gutfeld. it's 5:00 o'clock in new york city and this is "the five." >> joe biden soft on crime policy is hitting close to home. not even the first family istt insafe from dcs crime crisis. secret service agents assign to biden'ses grabbed daughter nay toopen owe forced to open fire t kreupl tphaplz after three people tried to break into ak parkedin car outside of her hou inou ritzy georgetown area. a federal agency discharged a service weapon. s erit's believed no one is strucn the offenders immediately fledv the scene in a red vehicle. a regional look out for supporting units. dc says the number of cary jackingsth have sky rocketed wih over 6000 stolen vehicles in the of past year. meanwhile a cvs store in the nation's capitol is forced tosh remove her chance diceel from shelves. after a rise in shoplifting from homeless people. press skrez shocked something like this could happen. >> are we concerned?co obviously.d? obviously we want herbs and o bvtheir families to feel safe in dc and across communities. we can't do this alone. the president has taken action. with the american action planti billions of dollarons in states and communities so they can provide funding and police and police officers to make sure thi communities arnge safe. we need more. we need congress to act. >> alright.mo jeanine, iref you're a secret service agent and someone is try to steal an escalade are you s allowed to shoot to kill. >>al a i'm so glad you asked tht question, jesse. i have with me today a copy of homeland security guidelines and sick rett service comes underui them. des anthe answer is law enforcet officers may use force only when reasonably effective and safe. alternative does not excuse using the level of force objectionably at the time that. pretty mucthh says no. you certainly, i won't waste a lot of time. deadly physical force, a cop can o only use deadly physical force when it's objectively reasonable and that is when he was, is sco frontpugh with deadly physical force. let's assume the secret service agent, he didn't hit anyone and may not of been to the traininga for hiy s firearm for a while, t can only in terms of secret service issue a warning shot, whenis you have a special writtn permit from the chief of police in the jurisdiction who would be the chief of police in marylande now we know the secret service doesn't necessarily follow the rules that they're obligated too.y wefo know they're incapable of identifying finger preubts on cocaine found in the whitein cahouse. we know theyof love the bidens,e they extricated a gun that hunter's girlfriend left in a garbage can near the school. it's a joke. it's all a joke skufplt imagine someone tries to j steal your cg you takein out a gun and use it? no they arrest new a second. >> they don't even know if they hit the guy,l ar judge. >>se: how do you have a secret service agent shoot and miss?ng that is not good.en >> it's nott good. it's not legal based on the circumstances. i just want to say one more thing on this whole thing. we arel. living in a third world country. sorry, dane da na, we're livine third world country right now. the corporate leaders in places like target are not cooperating with the police. they're not et aa lieuing polico make arreststh in target, cuff them, arrest them, or process them, go out in the rain and process them. right now we're subject to the kind of law enforce ment that is absolutely in effective. sorry. >> that's okay it's not like a their is an episode of "justified" a fictional show whernge you wonderful it's justified to go after a suspect. that's an loud.is ahowever i just -- you have to wonder if the people in dc are so fed up. the car jackings are happening everywhere. they usually, the criminal gangs use just tphaoeulz to do it theg dc attorney general whose name should be known, he is not bri prosecuting these crimes. so when corin jean pierre says we have the american rescue plaw and thaufl money. the money doesn't work f. the crimes are not prosecuted. that dc attorney general has a.c lawsuit against the nra. he doesn't even have standing in the case. instead of pursuing the criminal justice issues for youth he's focused on that. that's a serious problem. in dc right now, judge, they don't have an accredited crime lab tphaefpbltz you charge less. they're not getting the punishments they deserve. the other thing that is happening is the car jackings include people -- say you're drive ago long and three cars surround you.iv they getin out with guns and fo yoyou out of the car. then they take offer with your e car. enthen there is a do not pursue. you're suppose have an apple air tag to track your car. that was the solution from before. i do feel for the people in dc. because when you have -- the white house, dc is ran by congress. they're in- c. charge.. why isn't -- if i was the democrats would i push them who would want to live there? who wants to work there?oi nobodyng. t they want to work about home.o nobody wantsis to work downtown. s is after congressman gray got car jacked last month. >> that is true, jesse that. is. >> tucker: thank you for bring thaupg. e welcome. >> ig: tn the old days we assumn criminals would be behingid bars and government would make sure the public is safe. those two variables have been removed. it's been reversed.ee it's an achievement onn e person can have such an effect on american civilization. we have free reigning rangewe criminality and decimated police force or the ones still policing are handcuffed this. isn't did pw*t law. it's about not prosecuting the law. we could be in a completelywe upside down country. criminals are free and those who fight back end up in jail, right.ja. ironically it's the safest spote west will all be in jail. the conversation with sell mates would be like this. what are you in for?his. i tackled a looter. what are you in for? >> i defended my wife on thede subway against afe mugger. the i think maybe we should go . we're victims but not treated as vic teupltz. maybe the get out of jail free car is to identify ourselves as being oppressed and .thereforeds we can join the ravel and go out and steal and shoplift. there was a interesting point in here, the a block facts. in here, people about target. , the retail theft stings.is they don't let the police make arrests in the store. the company executives wouldn't cooperate with the police. so this is interesting. it's not about crime. it's not spying.no target will lose $1.6 billion in year. they're projected too. they don't care about the paying customers and shareholders. they hide behind yoke displays bikini packages with looting in their stores. they close a store in harlem. how yoke is that?si nobodyng will come bye your tras pride collection if you stopmake stalking the essentials because they're stolen and can't make your workers s safe. this is where they are.th >>ey try to beat, that jessica. not about the crime it's about the spine. >> that's a good one. like things that rhyme. there you. go. >> nothing rhymes with jessica. >> i'm sure something does. is this how want me to waste my time? >> yes. >> sit for a minute then thep. segment sup. you are right about the dcda problem.nath it frustrates people not workino in politics. dc is a one industry town.yo working on the hill or k street, servicing the people there it'se the seatop of power. this only ads if congress is in control to argument for dcon statehood. i heard fromly i the republican candidates thad.t puerto rico ad l. get state hood with a democrat in office.oo i hope that is the case. i what i thinknt is interesting about this is that dc is actually an out l outlier in tef how bad it is. -- i'm not saying there are not problems in chicago, philly, net york and baltimore. it's declined in those places. going on inrst is dc. that's particularly vexing when you think about who vieding around dc. they vest in their own high i quality of life but they don't m mismanage thisis place. finance guys and lawyers in new york they're not in charge what had happens. dc is full of people making thep lerules. they wan mt to lead a high qualy of life, right. they're important there. are x amount of them. i >> i finmpd that astounding looking at the numbers. there is something special in terms of how bad it is in dc vs d.other hreubl ral cities. >> and the answer is giving dc statehood. >> is no not to have a represed elected government that caresve about your e interest. >>actu photos of toilet paper ce used as toilet paper. >> like in a case. >> what fir f. they're stolen. what about the blind. >> let's not go there. free housing and free food is no locker good enough for migrants in liberal cities. >> liberal sanctuary cities are so bad that even migrants want b out. asylum seekers say chicago is so unpleasant they're fleeing south. even back to their home countries. one said after several months of homelessness. lack of jobs and limitedf ho education, they realize "then, american dream doesn't exist anymore." meanwhile migrants in new yorkel city are rebelling against a tent city claiming it's too fard from job is and schools. new york governor says the city has no choice. >> we are at capacity of 65,000 people being housed right now. they have been accommodated in many times hotel rooms in new york city for long periods ofne time. that iw rk cs not sustainable. so, the option is to say if youp want to take advantage of public supported housing and sheltersi for now this is your option. his >> alright. da na, maybe this is a genius strategy. liberal mayors got together and sid want to get migrants to leave.ge make our cities unliveable as possible. they're good at it. >> you have seen the litter today. who would of -p given the migrants the false sense it was so easy to come to america and parachute in and have all you r need that. would have been during the 2020 election when th e democrats promised free20 healthcare and20 the problem of thtse coyotes telling them, yes, it's great.co everything will beyo fine.ye may even have people here,yt familyhi members say come it wil befine great.gh guess what it's not so great. it's galling people receiving charity at a hotel are asked to go to another location. no, we're good going back to the hotel. how is are lik that allowed or n option.ha remembert when kamala hare ands joe biden said, don't come. that wasjoe the extent of their message. i hope iran listens more to the don't than the immigrants did. they came with an expectation of luxury.n they crumpled at the first cold snap. itth goes really gold ko*eld in chicago. if they go home, i wish them the best. t maybhee the best option. one of the problems is they get here then charities and ngos taking money from the government and second them to texas, right. then texas sends them toand chicago. then they're going back to venezuela. there is more. never ending until it's cut off. >> jess darks we have been told forever these are people insi desperate situatiocan that's ned to get away.t th they realize this isn't so bad i'm going back. or this ain't so good. we knew we were being lied too. they were coming here for the freebees and the work. >> i'm not sure about free bees for everyone. think most people have an interest in th e work. i see it daily riding on the subway. there wan i s a cover on new yok mag, women selling candy on the trains and carrying kids. they want to work some, of them. some not. weso talked about this a few months ago. da na you commented your parentt were in a hotel you couldn't get too because of the high rants outside. what is said is what upsets me someone who is supportive of thw notion of sank stew irey citiesh they're making a mockery ofry people like me o who advocate fr them to come here.e fo >> that's our job. >> everyone is doing it know. i'm the ultimate victim of this. i think also what is happeningof is they're looking at previoussa generation whose came and were able to get jobs here. a lot of that was because theret hawere much less of them. it's too many people that areoft coming in. there ar is e jobs available. iamericans are kindhearted peoe who want to ploy folks who wante to word k hard and get a social security number and pay taxes. when there are hundreds ofre thousands it's hard to get this done this. is on joe biden you said last week, mayor johnson of chicago went to the white house and didn't get near what he asked for this. is a federal problem that's a i state and local problem. that's on the federal government to make sure there is enoughng f housing for this. migrants are pushing homelesspu people out oshf the shelters and getting those opportunities. it needs to start with the biden administration on down to fix it. >> there is no system, judge. that's always the case. >> we talked in the block before this. the mohis b people coming in wih the retailers and destroying cases. this is like a mob -- they decide how to handle this. i'm saying this, the united states is nothing but a global landing spot with benefits. when they come here for the american dream they're not coming here for the americanco dream likemi your father did ory mother and father did, only 2% of the 140,000 migrants in new york cit of y have even appliedr a work permit. it maybe there are so many of anthem. that's joe biden's fault. okay. thesmae people come in for asylm afplt asylum is when you have a credible fear of being prosecutepugh in your own country. not if you're poor and thinking of the american dream. that doesn't get you here. let me say, this if these people take tone a designated location in brooklyn and don't liking t want to come back to the manhattan, the roosevelt. pay your own way. and ifto you u you want to go h. everybody came here because you could get an acre of land forco fourul cents. the california gold rush, three hundred thousand people went to california for gold. or after the civil war 40 acres and a mule, everybody gets one. no this is a competitive work market. if you want to work you can achieve the american dream. they don't want to work. u >> jesse f you come out againt us their t you lack compassion. never been a problem for you? >> never a problem for me. >> or me. >> kamala harris said these migrants werkae coming because f climate change. it's too hot in latin america.i. it's 50° and they're going backl ikmaybe they're snow birds. they'r be summering in chicago d wintering in venezuela. biden paid for the flights and buses, why not. the ones in new york, i'm with the judge. you can't stay at a 500-dollar a night mid town motel for a year free where wfre do your laundry and make your dinners. anthen we get a place in brookln and they don't want it. sorry brooklyn is not good enough for you. it's too far from work. really. only 2% are a phraoeulig for work permits. what work.ly too far from 2 the schools? you can learn about crt in brooklyn too. american people are veryit generous. we also don't liking when peoplr run grateful. we're feeling that they're a little ungrateful, greg. i don't liking it. >>we a you shouldn't like it, j. n'as a paragon of gratitude. are you very upset. coming up kamala harris says start listening to the radical anti-israel protesters. interesting. >> yes. >> over a thousand people marching in manhattan with unagitater cheered on tearinggi downta a american flag.ri othersng facing off with police outside of grand central station. outside of widen's home in delaware, one demanding a cease-fire. let's go to these protesters ons horseback taking over the streets. ole kamala harris said this. s >>tr people have a right to protest. we are a democracy.ur rwe should value the voices and listen to the voices. what i hope is that we can engage in conversation and discourse in a way that understand this is is notth binary. not to mention whaatt it means n in our own country with longstanding issues of antisemitism that is on the rice, even before this happened. islamic phobia and other forms of hate for people based on who theywh are or how they prey. >> a lot of words. bill mar ba rating barack obama. >> i must say i'm strugglin with peoples morally give lent see still. barack obamang who has rarely disappointed me did so thisra week. the attack wasckma, only a mon. a more savage attack than wea mo have seen in reverse there. is a difference between collateral damage an d what hamas did. when they fire at israel it's a war. when israel fires back it's a war crime would hamas do, that pausing? no pausing. >> is there daylight with kamala hare and is biden. biden is saying israel has a right to defend itself. is there harris saying we need to see both sides here. >> that maybe by design of daylight. straddlinghey supporting israed managing the protest movementso an id the election. i'm with greg.not i may convert to protest. >> if you're a conservative and go to a school board mee meetind anboard rise a ruckus because ak transgender kid raped your child in the bathroom and they covered up. or maybe you held a sign atte michigan state house that said we would like to go back to work, governor. if you do that are you audited, arrested, smeared, on a no fly list. maybe the southern poverty law center kafpbs -lz your life. you say if you have a massivece movement allls over the country for r lia month where you're desecrating monuments, vandalizing the whit e house, it's now deadly you murdered a jewish guy in los angeles. everyone wants to be cautious.a give thejem room to breath somewhere don't do anything. you don't get the full weight of the federal government. the military industrial complex. the democrat media i object dust reel complex reigning down on your movement. you don't get that. that's not right. that's not fare. if you're a conservative it's almost dangerous to get on theae street to protest. it's not dangerous to get on the street and hoist the palestiniat flag and tear down the american flag. there are no raefts. >> greg, where is the white a rrhouse urgency about american e hostages. >> nowhere. i'm trying to make head and tales of what kamala said. she said non binary. in applying to this she maybe right there. is one way to look at what t happened. there isn't too ways. maybe that's non wine air.y if it's non binary one direction is non binary. the people who say there are both sides is relying on a historical narrative ofst president daory atrocity. it's only about october 7th.only we don't care about anything before. that's thet worst thing we have seen since 9-11. if you look at the pictures it maybe worst. it's a mental state vs the jewish state. the onlyta way the anti-semicras can oppress a immoral act is toe xtjustify or erase terror. bill mar is a loan terror for the centralist liberal when your party blinks before a contingenh use the word but after saying hamas be headed babies. ya, ya, but. you need to run screaming from the party *plt you can't marchn metaphorically or literally along side genocide al deniersda this. is not part ofl thedeni big pie git goes back to this thing, you have o a delusional generation f young people out there. you have to examine how we lostt these peopleth.am what happened?w whatwe happened? the education use to be a social issue. now it's a security issue. should you start worrying a bite whatcu are they telling them,rt right? anti-west prop propaganda beingo taught ioln schools. maybe it's time to look at education. it's not a social thing. it's a security thing this. is about the future of ourg. country. do. do we >> judge, jewish people are 2.6% o of the population yet suffer % of hate crimes. hate crimes against jewishatio americans rip 400% since octobe. the response from the white house was a national strategy on islislamic phobia. >> yes, i think jesse is right. the administration is straddling both issues.sues i don't understand. the arab american vote is