hi! need new glasses? get more from your benefits at visionworks. how can you see me squinting? i can't! i'm just telling everyone! ...hey! use your vision benefits before they expire. visionworks. see the difference. ♪ [cheers] >> greg: out of time. i love you, america. * >> good evening, i'm mike, 11:00

on the east coast, 8:00 in los angeles and this is america's late news, fox news at night. >> breaking tonight the supreme court will not consider former president trump's claim that he's immune from prosecution in the 2020 election interference case for now. that decision a big blow to special counsel who wants to keep mr. trump's march trial on track. the chief correspondent jonathan hunt is live with what more this means -- what this decision means and how it could impact the 2024 leeks. good evening, jonathan. >> good evening. today's refusal by the supreme court to take up the presidential immunity question is certainly even if it's temporary a victory for donald trump. and a setback for special counsel jack smith's efforts to speed his case to trial. >> interestingly, there were no noted dissents from the order so it looks as though the supreme court unanimously said to the special counsel don't come knocking on our door right now. we'll let this process play out

like it would in any other normal case of having a court of appeals decide the case before the supreme court decides whether it wants to get involved. >> the special counsel's plan for a trump trial in march looks in jeopardy as the immunity question will wind its way through the court system. likely ending up back at the supreme court months from now. pushing it closer and closer to november's presidential election. >> i think that that's going to become more and more problematic as he gets closer to the general election itself because once again people will be asking, why? you have to be able to say something other than this is a really important case. because there are lots of important cases. the question is, why is it important to try it before the election? >> and as this and all the other legal cases involving trump play out, he and his campaign are busy fundraising off what the former president continues to

paint as an ongoing effort by his political opponents to defeat him in the courts because they can't, in his view, defeat him at the ballot box. mike? >> jonathan hunt starting us off live tonight. jonathan, many thanks. >> new border crossing numbers tonight, more than 242,000 encounters in november. that makes it the highest november total ever and the third highest month of the crisis. so where are all those migrants staying once they enter this country is a complicated and expensive proposition. here's national correspondent william. >> i agree with you. president biden promised to close private detention centers for immigrants. >> there should be no private prisons, period. >> that pledge now costing taxpayers millions. >> they keep releasing thousands while thousands of beds are empty. they would rather put them in a hotel in new york city at $500

per night than put them in a ice bed at $160 per night. >> the border patrol is apprehending as many as 10,000 migrants a day most being released. instead of going to detention centers like this one in california. 2,000 beds, fully staffed and operational, yet housing just six migrants. during covid some judges reduced jail populations, but those restrictions ended eight months ago. in the last two years, the white house only requested funds for 25,000 detention beds total. half of what president trump filled his last year in office. >> this isn't about covid. it's about shutting down immigration detention and shutting down immigration enforcement. >> -- ice contracts with dozens of private facilities across the country. as you can see many today remain at less than half of capacity. >> they do not want to detain people. this is not a problem for them

except for the on the tickets. >> the problem for taxpayers, how far, by contract, ice guarantees to fill a minimum of 70 to 80% of beds. that means millions of dollars a month, whether the bed is empty or full. why does it matter? detained immigrants show up for court and when ordered get deported. released migrants don't. 94% according to ice never leave. the agency did not respond to our questions. mike? >> william, thanks a lot. president biden's rating remains under 30% tonight according to a new gallup poll. the dismal marks are lower than any modern president at this point in their term and definitely not where any incumbent wants to be ahead of an election year. live from l.a. with a look at the numbers. >> publicly the white house and biden have been dismissive of polling numbers that have painted a pretty bleak picture for his re-election prospects.

>> i know the polling numbers are not good, but they were the same way when i ran. >> every major -- [inaudible] >> but privately biden allies are getting nervous because he hasn't laid out a second term agenda. keeping priorities, like cancelling student loan debt could prove costly with minority and young voters. these voters told pollsters they aren't sold on the idea that their lives have improved much under biden. then ts the president himself who is also reportedly frustrated with the low numbers including this new gallup poll that gives him a 39% approval rating. while the president wasn't seen much on the campaign trail in 2023, his team says that will change in the new year. they plan to ramp up re-election-related travel in the early months of 2024 and operate at "full steam by summer." with reports that the president believes his economic message hasn't moved the needle the

campaign says they plan to make abortion and reproductive rights a major focus. mike? >> we'll follow it. thanks very much. >> let's bring in attorney and executive director of the senate working group, james -- and president and another guest. welcome to both of you. let's put on the screen first term presidential approval ratings before a presidential election. biden, 39%. trump, 45%. obama, 43%. george w. bush, 58%, clinton 51%. bush 41, 51%, reagan 54%, carter, 54%, lee what do you make of the biden numbers compared to those other numbers? >> well, i think it's -- anybody can see it's a really bad position for the president to be in especially when you look at the numbers against some of the more recent presidents. you look at donald trump he was at 45% and he lost. when you look at this, 39%, this is a historic low since we

started polling in the 1930s. this is a big problem for this president. it seems that he knows that despite the fact that he's been saying, you know, that we're looking at the wrong polls or the polls don't matter. he clearly knows he needs to make a pivot. as much as they are talking about abortion being important and it will be very important, what they really need to do is get out front of the economic agenda and really immigration. they are both really hurting this president. >> i want to play some sound from an analyst on cnn. >> he's tried to use bidenomics, the polls are suggesting that's not necessarily going over very well with people. i think they have moved on to the next thing and the polling suggests that it is. the defense of democracy is very high. >> does that work, james? >> i think it plays a role, second-degree. the economy is always important going into especially a presidential cycle but i would agree with lee, with regards to immigration. obviously what's happening, the crisis at the southern border is taking its toll on biden and his

camp. his inability to really address it head on has become a problem and i think unless his camp does something and is more overt, they are going to fail at this and i think it's really telling going in just, we're six or seven months away from the convention starting, the season starting, and then months after that, a general election, and being at a historic low not only just generally but even amongst his party, looking at the gallup poll he's decreased from last month to this month with support within his own base. that's problematic especially going into 2024 which will be a tough race for either side. >> to the crisis at the border, the gop presidential candidates are hitting it hard. >> we will use our own military to protect our own southern border. >> we'll go back to the remain in mexico policy so that no one even steps foot on u.s. soil. to get processed. >> we're going to use lethal force, shut off the invasion,

build the border wall. >> this is an immigration system that's been broken for decades, and the president has taken this very seriously to try to do more. >> the voters believe the president has taken this very seriously. >> no. one in three voters say this is a top issue to them right behind the economy and price increases. what's important to know is 2/3 of americans, including democrats, think that the number of border crossings has increased under this president. 70% of voters including 60% of democrats think this president should impose new and districter policies on immigration. this is a real problem for the president and his polling numbers here on immigration are among the lowest that he's had along with how he polls on the economy, and foreign affairs now is has really fallen. this is something he needs to address because now you're seeing democrats, it's not just a republican issue as it was before, it's really democrats almost in the same numbers, are saying that we need to get this under control.

for any number of, i, especially when you see what's happening in new york city. you see what's happening in some of the other big cities around. this isn't just a border issue anymore. this is all of our urban centers are fighting and wrestling with it. >> james, your thoughts on the crisis at the border? >> it's problematic to say the least. 2.4 million encounters at the southern border just in 2023 alone. that's historic and really, it's sad that we're having to deal with this and it's equally if not more sad that this administration is failing to address it. i do have to applaud democrats, whether it's on capitol hill or even in some of the southern states actually acting and wanting to fix this. given the fact that the administration is doing nothing about it. governor hobbs in arizona having to mobilize the arizona national guard to go and patrol that southern border and assist in border patrol efforts. so, again, going back to our earlier point with these biden poll numbers, everyone else is addressing the issue, everyone else is seeing the problem. he's failing to do anything on

it. >> james thank you so much for your time. have a beautiful christmas weekend. >> merry christmas. >> thank you, you, too, merry christmas. >> president biden says he's heartbroken over the first confirmed american fatality among the victims taken by hamas terrorists. this is new information that ties iran to efforts to disrupt shipping and military traffic in the red sea. here is senior foreign affairs correspondents greg palkot in tel aviv. >> as the war in gaza rages, iranian backed -- fox news confirms iran has a major role. u.s. officials say an iranian naval spy ship is feeding real-time information to the houthis about targets. >> all roads lead to iran when it comes to sponsoring these attacks. >> in response to the us led naval effort to protect, it's

defiant. >> we'll make american battleships interests and navigation a target of our missiles, drones, and military operations. >> the us and u.n. security counsel tried to reign in but not tie down ally israel. avoiding -- ash a cease-fire demand instead creating conditions for a cessation of hostilities. allowing israel to check relief, just calling for safe and unhindered humanitarian access, passed 13-0, a frustrated russia abstaining, so did the u.s. but it was satisfied. >> today this council provided a glimmer of hope. >> israel acting like it has little time to lose ordering the evacuation of another gaza area, pounding the south where hamas is based, finishing off strongholds in the north. >> the operation will be difficult. it will require patience but we'll achieve it. >> amid the humanitarian catastrophe that continues to build more bad news concerning the hostages.

today's 73-year-old israeli american, another captive of hamas, is dead. it's revealed he was shot and killed october 7 when his kibbutz was overrun. >> this is a reminder of who hamas is and what it's all about. >> he leaves hyped his mother and his children and seven grandchildren. that statement released late today biden said in mart i refairly the pledge we've made to all the families of those still held hostage. we'll not stop working to bring them home. mike? >> greg palkot. thanks very much. let's bring in a former marine corps special ops officer and nathan, former ambassador at large and counterterrorism under the trump administration. gentlemen, welcome. today we learned about the death of an israeli-american hostage. what's the reaction to the news,

ambassador? >> it's tragic, and it shows what's really at stake in this war. when people like garrett and me say we need to support israel it's not just standing by our friends. america has suffered from this attack. hamas has killed more than 30 americans on october 7 and to this day they are holding almost a dozen americans hostage in these tunnels underneath gaza. and so, when america supports israel we're not just standing up for our friend and helping them to protect themselves. this is about justice for american families. this is about justice for fallen americans as well. >> so garrett, there is great concern about the hostages who have been held now 2 1/2 months. their health could be deteriorating. what about the idea of some other cease-fire deal to get hostages out in >> i'm actually not optimistic that there will be a deal going forward. a deal like we saw last month is unrealistic at this point. hamas has been mistreating, brutalizing these hostages very likely, and they practice the

same playbook as isis practices, so a lot of the young women have probably been brutally raped or sold into slavery, and i don't think hamas is going to turn them over to israel so the best thing israel can do is try to defeat hamas and kill every hamas fighter in gaza. >> netanyahu and biden heading for a collision on postwar agenda. the president and prime minister are at odds on a lot of critical questions once israel winds down its military operation. ambassador is that alarming to you? >> i think it is. we can't afford for there to be any daylight between washington and jerusalem because if there is our mutual enemies will try and exploit it. i'm talking about people like iran, i'm talking about hamas and other terrorist groups. that hate america and hate israel. israel can't afford to take risks with its security. if there is one lesson we learned from october 7, it's that israel's enemies will stop at nothing in their efforts to eradicate them.

so when we talk about the post war settlement in gaza it has to be without any kind of hamas element. we're not going to try and rehabilitate some of the moderate members of hamas. you can already start to imagine what the standard international jet set crowd is going to say. we have to draw a very firm and clear line. no hamas. the corrupt palestinian authority can't be trusted. it's not seen as legitimate by the palestinian people. it provides bounties to terrorists that kill jews and israelis. we can't simply rely on the p.a. to do business as you're. we're going to need a clean break. we're going to need to clean the stables out. >> garret, here in washington we get a lot of american perspective from the white house, the pentagon and capitol hill. what's the israeli perspective? >> the prevailing sentiment, lowest, right, center, politically, is hamas has to be destroyed and hezbollah is likely next on the list. they are not willing to take a step back here to offer a

cease-fire. they want to get the job done. they owe it to the people to do that and we, as an ambassador, support them in the effort. >> there is a report today about houthis terrorizing commercial shipping in the red sea. ambassador what do you make of that threat? >> we've heard today that the iranians are not just providing moral support and maybe a couple of weapons here and there. they are actually providing operational assistance. they have got a spy ship in the red sea that's identifying targets for the houthis to hit, with what, weapons, missiles, and drones, that the iranians have also provided to the houthis. i don't know why this ship isn't at the bottom of the sea. the united states cannot afford to let iran and its terror proxies keep taking shots at american soldiers. over a hundred since mid-october and we can't afford commercial shipping in the red sea to get shut down. of a hundred attacks by these houthis using iranian intelligence and using iranian weapons. >> special ops guy what about this one?

>> i can tell you the marine corps has a lodge history all the way back to jefferson of dealing with pirates in various places and the world. america needs to get back to that we should honor our legacy and take out what's effectively a terrorist organization that's engaging in piracy in that area of the world. >> gentlemen, thanks very much. merry christmas. >> merry christmas. >> coming up, what the so-called do nothing congress has on its to-do list next year, or doesn't have. and later in the night cap we all know pets are like family, right? but do you buy them christmas gifts, too? if so what do you get them. let us know on instagram, to witter, and we'll show you the results and read you the best responses. it's 11:18 on the east coast. here's a fox news trip across america. a live look at fox square where the fox christmas tree shines bright. next over to branson, missouri, where the christmas spirits are

high, and finally a little christmas cheer in meridian, idaho. look at the snow. coming down tonight. if you can't join us live don't forget to set your dvr and you can watch us at any time. oms. with my psoriatic arthritis symptoms. but just ok isn't ok. and i was done settling. if you still have symptoms after a tnf blocker like humira or enbrel, rinvoq is different and may help. rinvoq is a once-daily pill that can rapidly relieve joint pain, stiffness, and swelling in ra and psa. relieve fatigue for some... and stop joint damage. and in psa, can leave skin clear or almost clear. rinvoq can lower your ability to fight infections, including tb. serious infections and blood clots, some fatal; cancers, including lymphoma and skin; heart attack, stroke, and gi tears occurred. people 50 and older with a heart disease risk factor have an increased risk of death. serious allergic reactions can occur. tell your doctor if you are or may become pregnant.

done settling? ask your rheumatologist for rinvoq. and take back what's yours. abbvie could help you save. hi, i'll have the avocado toast... minus the avocado. so, toast? yeah. everything is so expensive these days. hey, chevy gets it. that's why they're keeping prices down to earth. like on the most affordable ev in america. ♪ a super strong and capable chevy truck. ♪ and a high-tech chevy suv. ♪ why is chevy making affordable vehicles, connected by onstar? so together we can do more.

>> mike: lawmakers on capitol hill didn't have much to write home about in 2023. their major legislative tasks now slipping into 2024, an election year, which complicates things. at the top of the list a bipartisan package to beef up border security which is currently in shambles. here is senior congressional correspondent chad -- with the story. >> since congress didn't accomplish much in 2023, the big stuff slipped to 2024. top of the list, a bipartisan package to beef up the border, which is in shambles.

>> this is tough to come to a compromise and it's just as tough to write. to make sure that you get the ideas down on paper in a way that makes sure that the policy is implemented correctly. >> it may take weeks to get a deal. perhaps another week to write the bill. >> we haven't patted saying it immigration bill since reagan's second term, so this is not easy. but we're working hard to get an outcome because the country needs it and the country needs it soon. >> mike: mitch mcconnell is one of the biggest advocates in congress for ukraine but republicans are divided over helping ukraine. we need to hold the line. we should not have a single dollar going to ukraine at all. until the southern border of the united states is secure. >> congress faces two deadlines to fund the government in the next six weeks. the first hits january 19. there is not even a consensus among leaders on how much the

government should spend. >> the extreme maga republicans remain on an island trying to break the agreement that they themselves negotiated. it's a nonstarter. it's not happening. >> but a potential government shutdown could stop everything. ranging from border security to the impeachment investigation of president biden. mike? >> mike: chad, thanks very much. time to shine our friday night media spotlight on the highs and lows of media coverage over the past week. managing editor of townhall.com and stephanie -- contributing writer at media research center tv. welcome to both of you. >> thank you. >> so spencer, your low of the week is ditched soed press saying israel's military campaign in gaza is seen as "most destructive in recent history." was that the real headline? >> us that not the headline. in fact, in both the headline and the lead on that story when it was first published they took

out recent. they were just declaring for all of history this campaign is the most destructive and anyone who has attended high school history classes knows that's just not the case so it speaks to the fact both the correction shows that they now it was wrong and secondly it speaks to this larger narrative that they are trying to spin that goes against what israel is trying to do. >> mike: stephanie, your media low for the week is going after former president trump. let's play it. >> you've got to give it up for colorado. they are the first state to legalize weed and illegal lies trump. >> trying to overthrow an election is pro-democratic. it's like anti-hen to keep the fox out of the hen house. let the chickens decide if he finds them delicious. >> mike: why did that grab your attention? >> comedy continues to not be funny. i remember when i was younger and these guys were hilarious and they have let trump derangement syndrome get in the way of their comedy and this is just another example of it and it explains why their ratings continue to tank.

in the meantime, greg gutfeld! over at fox news is surging when it comes to ratings and it because they are not doing the typical trump routine. these guys talk about the threat to democracy all the time, about how republicans are a threat to democracy. we have four unelected state judges in colorado who are making a decision going against the will of voters and the people. i mean, that's an actual threat to democracy and it doesn't matter what party you're affiliated with. you should be speaking out against it. >> mike: spencer, your high, a cnn post on x clawed dean gay, submitted two corrections for two academic papers but there are other clear examples of plagiarism from her career. cnn analysis finds. why does that get high marks from you? >> it might seem surprising but in the christmas season i believe where credit is due, despite what the mainstream normally does which is turn a blind eye to situations like this one they actually dug in and not only analyzed it for themselves but reported what they found and it's pretty

damming for the president of harvard and that's notable because this is something that came about because of investigations from conservative and right of center media outlet and now cnn, the "new york times", even the "boston globe" are reporting on it showing she thought she could get away with this but her luck might run out. they have walked it back a little bit saying she did these two things that technically would make up plagiarism but we aren't going to call that it so it seems like they are hedging more than they used to. >> mike: your high is cnn talking about the board crisis this week. let's play it. >> biden is sending top officials including the secretaries of state and homeland security to meet with mexico's president lopez in the coming days about this worsening migrant crisis, along the southern border. more than 10,000 migrants a day have been processed every day this week. along that u.s.-mexico board. according to data obtained by cbs news.

>> mike: why did that earn high marks from you? >> you've got to give credit where credit is due. they are finally covering it. the numbers are so astronomical. we're seeing 10,000 people coming over every single day this past week and just to give the viewer some perspective, i live in idaho where the population is 50,000. so more people have crossed the border than live in my town. it's absolute insanity, so they did give a little bit of coverage to this. so did nbc and abc but it's not enough and they also failed to mention the horrific venezuela prisoner swap reported by the white house today. so it's a high mark but also still kind of a low mark. >> mike: stephanie and spencer brown, thank you very much. merry christmas. >> thank you, merry christmas. >> mike: coming up, the ftc sues ayman. night court is in session and

still ahead, windy weather causes havoc in england. a live view atop the choikaraok bar, looks like fun. (vo) wells fargo has donated $525 million dollars... (girl) hey mom! is this one really mine? (mom) honey, like i said... you get your own room. (vo) ...to support housing affordability solutions for families across america.

when a bank does what it says, more people can find a place to call their own. doing gets it done. wells fargo. the bank of doing.

hi, i'm tali and i lost 85 pounds on golo. (upbeat music) i started golo because i was unhealthy due to my weight. the minute i started taking the golo release, i knew it was working. i was not hungry, and i did not have any cravings. since losing weight with golo, i'm healthier now than i've ever been, and my doctor is thrilled. golo is so much more than weight loss, it's gonna give you your life back.

[coughing] copd hasn't been pretty. it's tough to breathe and tough to keep wondering if this is as good as it gets. but trelegy has shown me that there's still beauty and breath to be had. because with three medicines in one inhaler, trelegy keeps my airways open and prevents future flare-ups. and with one dose a day, trelegy improves lung function so i can breathe more freely all day and night. trelegy won't replace a rescue inhaler for sudden breathing problems. tell your doctor if you have a heart condition or high blood pressure before taking it. do not take trelegy more than prescribed. trelegy may increase your risk of thrush, pneumonia, and osteoporosis. call your doctor if worsened breathing,

chest pain, mouth or tongue swelling, problems urinating, vision changes, or eye pain occur. ♪ what a wonderful world ♪ ask your doctor about once-daily trelegy for copd because breathing should be beautiful. >> mike: a new covid strain is getting flagged as variant of interest by the world health organization because of its rapid spread internationally. rafferty is live again with more on why this strain is causing a little more concern. hi. >> a new abbreviation you might want to become familiar with is jn-1, the coronavirus sub variant hitting the nation's northeast responsible for 1/3 of the covid-19 infections in the area. the concern among health experts is that our immune systems built up to combat previous variants may not sufficiently fight this

one off. >> if we've been vaccinated before, some of that protection will have waned, and opened up our susceptibility again, so we could still, despite the fact that we've been vaccinated previously, months ago, still get infected with this variant. it's likely it will continue to spread throughout the rest of this month and well into january. >> the cdc says cases of jn-1 have more than doubled and it's expected to be the leading variant worldwide. the nightmare scenario of a highly contagious variant more lethal than the ones before it thankfully hasn't happened, and if you're looking for a simple and inexpensive way to delay new infections new research finds people who took pro buy other particulars were 60% less likely to develop covid-19 symptoms. mike? >> mike: see you later, thanks. let's bring in fox news medical contributor dr. marty mccarey.

doctor, welcome. let's start with numbers, hospital admissions up 10.4%, emergency department visits up 6.6%, covid fatalities up 3.4%, those numbers from the cdc, how do you assess them? >> this is the viral season of the winter. we see it every year. typically it doesn't get media attention before covid but hospitals do get overwhelmed. nothing this year is out of the norm from what we normally see pre-covid. so we normally see a bump. adeno virus, covid is just one of those common cold viruses. >> is this kind of like another flu? >> basically, the risk of a variant becoming something dominant is the same as with any virus. could you have a variant of influenza or anything like that. so i don't think there is any cause for alarm. certainly not based on the numbers that we're seeing now and that's what the cdc is actually saying as well. >> mike: we've got you here,

next topic from the wall street jump, hemp gummies are sending hundreds of kids to hospitals. surge of thc products, stayed struggling to regulate the booming market. is this people -- is this people in the drug industry trying to entice younger customers? >> well, the gummies might be designed for adults and adults may be purchasing these gummies for themselves but kids will get into them and that's one of the reasons why some of the professional medical associations have said, look, no gummies with vitamins or medications, sure, it might be easier for a sick kid to take but kids will get into it and they are more likely to overdose. they take one, they want another one. that's why we're seeing an influx of kids coming into the hospital right now because they get into these gummies with hemp in it. >> mike: more from the wall streetone. an explosion of products containing thc and similar chemicals, some of them in kid-enticing forms such as gummy bears, is sending children to

emergency rooms across the country as state and federal regulators grapple with how to contain it, so many of these products face little or no restrictions. got to be a headache for regulators and also for medical professionals. >> yes, i think there is a misunderstanding out there, that marijuana and marijuana type products are totally safe. and that's not true. there are high rates of psychosis in people that take it regularly and there is something called a continual use disorder. that is, it's not just an occasional recreational use, it's actually a regular thing and that's where we see high rates of intoxication on some of these things, and also people coming into the emergency department with psychosis. these are real things, nausea, vomiting, these are real symptoms and it doesn't pair one's judge, driving, doing work and other things. >> thank you for making a house call on a friday night. good to be with you, mike. first up in tonight's viral videos, footage of airplanes aborting their landings at the last minute due to strong winds

in england. 11 planes were converted to other airports during the storm. never fear, though, santa claus knows how to fly in windy weather. >> mike: staff an an australian zoo celebrated a chimp party. keepers had set out gifts holding nuts, fruits and toys for the animals to open, much to the entertainment of the people visiting. >> and spotted in new york, grinch himself driving through lower manhattan in a fancy green car, according to his instagram the nyc grinch drivers around the boroughs to bring vest active fun and presents to kids. if you have a viral video to share hit me up at fox news night on social media. time now for night court. am sean is being sued over an alleged pricing scheme that resulted in increased prices for consumers and a billion more dollars in amazon's piggy bank. here's how it worked. amazon increased the price of

its products and then monitored other retailers to see if they sold future. if they didn't amazon would relist products at their original prices. amazon has called the ftc lawsuit misguided. let's bring in our legals to debate. gentlemen, welcome. >> thank you. >> hi, mike. >> mike: exhibit a from reuters, amazon, which has a billion items in its online super store created a secret algorithm internally code named project necessary se to identify specific products for which it predicts other online stores will follow amazon's price increases. amazon used to project nesse to extract more than a billion dollars directly from american pocketbooks. the federal trade commission said. jonathan, our former federal prosecutor, lead us off. >> yes, what they were doing here, or at least alleged, they would they are sellers that would sell on other platforms,

when they would sell at a lower price, amazon would punish them and essentially not deplatform them but lower their visibility on their site. here amazon engaged in these schemes to increase money but also to prevent competition from other platforms. harmed their own slerls and more importantly, harmed their own customer who is paid higher prices unnecessarily, and simply because of amazon's monopoly, and abusing their monopoly position. >> exhibit b from the complaint, amazon uses its vast power, size, and control over multiple business units to implement an interrelated and exclusionary course of conduct. each element of this overreaching strategy aims at the same goal, to keep rivals from gaining the scale needed to compete effectively against amazon and each element amplifies the force of the rest in a self-enforcing cycle of dominance and harm. what is your take, brian? >> mike, it looks like the new york city grinch dumped a big

lump of coal into the amazon stocking for christmas, right? look, once you parse this away, this lawsuit is dead on arrival for two reasons. number one, ftc is supposed to be helping the consumer. this is strictly government overreach. what diamine by that? amazon has spent 30 years building a company from scratch. this is the hallmark of our society. free market enterprise. you do well in your company and you make more money. that's what this is about. and what the ftc is doing is they are trying to -- they are trying to support suppliers that sell on amazon but that's not protecting the consumer. and the consumers are going to suffer from this case. there is going to be higher price if the ftc wins. more lag time getting products and less supply of products. that's the exact opposite of what the ftc is supposed to do

for consumers. >> mike: exhibit c from the complaint, amazon as initialled an algorithm to deter other online stories from offering lower prices. amazon use as game theory approach never making the first move and instead disciplining rivals by rapidly copying others' microsoft to the penny both up and down. the goal is to ensure that rivals's price cuts do not translate to greater scale, only lower margins, is this big trouble for amazon. jonathan? >> it's classic monopoly-like behavior. they are preventing people from entering the marketplace and they have been in business, and this is a great service for the american people. but if, back in the day, when he was selling books, if there was a monopoly from book sellers he would have been prevented from coming up with this. so he may be preventing not only competition but also innovation. they so be treating the customers well, customers deserve a right to be treated fairly and have honest business

practices, and it looks like here, according to the ftc's complaint that's not going on. >> mike: we're up against the clock, brian, let me give you the final word. >> legally, the ftc has to prove that amazon willfully acquired its market share and maintained that and they are not going to be able to prove that because the way that amazon has kept its market share is by building a scale, they are able to charge consumers less, and this case, again, is going to be dead on arrival. we need amazon. >> mike: all right, thank you so much for your time. merry christmas. >> merry christmas. >> you bet, merry christmas, mike. >> mike: up next, only days more to get your christmas shopping in. are you buying anything for your pets? there is still time to weigh in on social media on x, and instagram, but first, a trip to tate hill beach in whigby, england. >> i'm your meteorologist,

here's your saturday forecast. the rain has expanded, dallas all the way down to austin and oklahoma city. widespread showers but then the snow for the intermountain west. denver metro area could get a couple of inches of snow but it will be durango and teleride. heavy snowed on the east coast. a reminder for your holiday travel, you can download our app from your favorite connected tv device. telluride. (fisher investments) it's easy to think that all money managers are pretty much the same, but at fisher investments we're clearly different.

(other money manager) different how? you sell high commission investment products, right? (fisher investments) nope. fisher avoids them. (other money manager) well, you must earn commissions on trades. (fisher investments) never at fisher. (other money manager) ok, then you probably sneak in some hidden and layered fees. (fisher investments) no. we structure our fees so we do better when our clients do better. that might be why most of our clients come from other money managers. at fisher investments, we're clearly different.

>> mike: let's bring in the night cap crew. tonight's topic, is it appropriate to buy christmas gifts for your pets? ra recent survey shows 81% of people buy gifts for their dogs, cats, and other pets. maryanne, lead us off. >> of course, they have their own stocking, a couple of bones, maybe a couple of chew toys, you can't leave them out. they are family, right? >> mike: absolutely, i'm with you. >> throw the dog a bone. >> mike: dr. carey? >> i would recommend giving them a gift and i would give them ivermectin. [laughter] >> it's good to have around.

>> spencer >> for the larger dogs, you give them a bone, smaller dogs, the chew toy. >> mike: jonathan has props. what have you got there? >> look, these dogs, these pets do so much for us, they certainly deserve gift. if we're going to put them on our christmas cards they deserve gift. so, merry christmas to all the pets. >> mike: all right. i feel obligated to show my pup, jeter, who is very spoiled. i'm a lifelong yankee fan, so there is jeter rocking the christmas sweater in front of the christmas tree wondering if he'll get a present. we asked our followers on x and instagram what they think. rj shares ozzie loves getting his christmas presents. what a cute pup. sandy says, of course, they are family, too, mine even have stockings. hanging from the mantle. that's the spirit. and lastly, leo answers yes, because a happy pet spreads joy. by the way, i checked with

rudolph and he said, i was correct. so, maryanne, does your husband peel any jealousy about the attention on the dog? >> well, he has a stocking, too, right next to the dog's. so i think he knows, you know, we care about him, too. but no, in fact, he encourages it. >> mike: that's beautiful. >> our dogs are our babies. >> mike: since the doc is working overtime, final word from you? >> oh, gosh, stay healthy. give gifts. and smiling at other people makes you happier and treats depression. >> mike: i like that thank you for watching. i'll be back sunday arrest at 1:00 eastern for "fox news live." merry christmas to all who celebrate. have a beautiful weekend. ast... minus the avocado. so, toast? yeah. everything is so expensive these days.

hey, chevy gets it. that's why they're keeping prices down to earth. like on the most affordable ev in america. ♪ a super strong and capable chevy truck. ♪ and a high-tech chevy suv. ♪ why is chevy making affordable vehicles, connected by onstar? so together we can do more. but i'm also a mother of four. and as entrepreneurs, we weigh the cost of every decision. medical bills are no longer a worry for our family. so i can focus on my calling and our family. joining christian health care ministries was one of the best decisions we ever made. we're the blair family, and this is our chm story. choose your doctor without network restrictions. all at an affordable price. enroll anytime at chministries.org/enroll.

shriners hospitals for children is awesome because of their care. i live a full, independent life and it isn't just the doctors and nurses who have been looking out for me. it was you. go to loveshriners.org and you'll be a part of something special too. biovanta is the only number one physician-recommended product chosen over all others, including tylenol, mucinex, zicam, and nyquil / dayquil.

the combat symptoms and boosts immunity. biovanta really works. some of the best traditions start under a tree. it's where we gather as a family. it's where we experience the excitement of opening day. it's where we caught our personal best. and this tree is where it all began. this christmas start traditions under your tree... share the tradition of visiting santa's wonderland at bass pro shops and cabela's. and get your free photo with santa. bass pro shops and cabela's. potential judicial overreach. we will be talking to him tomorrow. see you at 10:00 a.m. tomorrow. for now, here is "the five." ♪ ♪