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." ♪ ♪

>> hello, everyone. jessica tarlov along with judge jeanine pirro, charlie hurt, kennedy, and and it's 5 p.m. here in new york city, and this is the fox. twas the 5 before christmas, anhe bd the studio was set to discuss the topics you set, when out in the green room, arosse se such a clatter. it judge jeanine stealing a cookie from theoi platter. putng you down. that's enough of that. and we'll get to the news in a few minutes. but first it's time for chri christmas-spastics. one guy saidas he would never participe in secret santa again after only getting candy, ac bars as christmas present.s th i feele

this would be a dream for you to get candy. >> it would be a dream, but this guy is really upset afterl spending some time to get a someone. and in exchange, he got leftover candy. which proves the point that people are not into giving but into receiving. and the bt sooner you realize that, the better. >> i found out that the arcrete some of the gifts you from secret santa. you : listening tyrus? >> yeah. >> p one guy got a puzzle missing pieces and another ten pounds of rice and another loaf of bread.e this is the things tt make peoplece think twice abou having a secret santa. spoiler alert. this guy is me. i will never do secret santa with a team ever again. i got a bag of hershey's the candies, the

where you have to open the bag and individually take them out. that's what i got. you know what i did forsa secret santa.i knew the producer loved horror movies, so i got him a book on great horror movies. and i found out everyone on the team. got a box of cheese. i didn't get a box of cheese. >> that's anwa outrage. >> isn't it an outrage? >> wasn't it greg's decision. >> he was giving them , thout.e private star gets the least stuff. i get it. i will never, ever do secret santa again, out therese game, and i didn't do it for presentation. i did the right thing. and my neighbor is judge jeanine, and word got out i wasn't following the rules, you hearddy how she talked to me earlier. >> you would make a great i domithat happen ricks. >> thank you.

>> you are one of the more thoughtful gives. it's true. do you care about what you get in return? >> absolutesly not. >> really? >> i don't care about getting things in return. if you like, expecting stuff in returr from the government. we know money, and for what we give the government every year, we should be lavished in lamborghinis and trips and furs. th but we got potholes a people crapping on the sidewalks. sount. you have to adhere very strictly to the dollar: it amount. for 25 dolo i would get hersheys. >> it was. it'sda not the can we get aand t work. it's whaty fought to get off the 2est floor. and it didn't have s nuts or anything and i followec

the 25 dollars rule to the ro cent. you can't tell me that g from the leftover halloween was 25 dollars. it's being shorted by the once again. >> this is what's terrible about this guy. this is fake started out as a kennedy. he said sometimes in people don't get a gift, and he said sometimes secret santa is goingeg to be the only gift th get. and it turns out he is a cheapskate. >> i don't know. anyone who is married knows if the face isn't right, it doesn't tell the truth. next up, stressed out about halloween, you are not alone. if you're looking to getelax s relaxation from all of that

holiday stress, you may want to book a vacation from your vacation. 34% of holiday?

. how old does a child have to be to be in their own room? >> four. >> listen. i invented my family.

i don't have these problems. i invented my family, which means it's me and the wife and the children. which means if i don't want to deal with them, i send them on a fun trip. and dad doesn't want to go because he's too big. >> and the mother. >> yeah. they go, and i get to do what i want to do. >> you're saying you don't go on disney? >> i don't fit. i'm too tall. you get to do what i really want to do is sit home and watch sports and stay in the confines of my home. and i get texts and pictures and dad, we're having so much fun. i said that's awesome. invent your own family. saying that blood is thickerp than water, it's the blood you have to worry about. the water fine. judge, if you came to my house and we had to cook for everybody,

we would have a many u give them for each house?

25 to life, you think, because he brought it back? it is all good? but that is the real story, how many years are we stacking on the grinch? or let him go because he was the only green man in the town? what are we doing here? you are "the new york times." why don't you go out and find a source on a real story. who cares? >> jeanine: and tell us who the source is, not anonymous. >> tyrus: . >> tyrus: three sources. wasting time figuring out what a will fake house costs. >> jessica: i am not giving you the journalism i. what is your mcallister take? >> jeanine: i don't care. >> tyrus: thank you! >> jessica: bodes well for the show, the a block, doesn't care already. >> charlie: watching a movie and the take away as you make less money than these people and you cannot afford to do this, i think you are missing the plot of the movie, right? >> tyrus: should the parents have been arrested for abandoning the child? social service is called? what does it say about the police department? >> jessica: it was an

accident. >> jeanine: doesn't matter, shouldn't have been alone. >> tyrus: child calls 911, oh, he is not home, who called 911? this is a horrible movie. "die hard" is the only true christmas movie. >> kennedy: why are we not so bright in the virtues of capitalism here? there is a family who worked very hard and they are enjoying the spoils of their hard work. >> jeanine: maybe they are trust fund kids. >> tyrus: the uncle the only one working, he bought the tickets. >> kennedy: who cares? "the new york times" is jealous. the writer is like, oh, my god, it is so lame, the mcallister's have so much money and i cannot even go to the hamptons. >> jessica: i didn't read that >> jessi . i didn't read that jessica: i didn't read that part of the arti article. okay. straight ahead. a massive wave takes out a cruise ship everyone is talking about, next on the about, next on the five.

- today, 9 million kids in america are considered food insecure, meaning there may not be a lot of dinner at the dinner table. help change a kid's life. support your local food bank. the more you know. . check out this insane moment. a

road wave hit a cruise ship. waves smashed into the ship before a giant one takes it out completely. the ship is now being aided to port by two asti.

is and i think this is a great thing to remember that no matter what you do in life, you can build the biggest ship, and you cannot define nature. nature will come and find you. i'm not sure. it's on cruises and smaller boats. and not only do you have to deal with the weather and all of that stuff. >> you can take an anti biotic. >> anti biotics aren't going to help you in this. >> jenene, this is pet riifying. you go on a cruise because you want to relax, and this is like the

titanic. you don't know what this story is going to be. apparently, it was passengers sliding around on the floor. >> kennedy: i followed this story since it broke. people think i'm going to take a nice cruise to denmark, scand inaveia, and you have a false sense of safety because the boat is so big, and to charley's point, it is incredibly unpredictable. and thankfully, they were able to scramble some of these civilian vessels together to get the boat to safety. it will be there shortly. but can you imagine how those passengers are feeling. it's got to agonize the cruise industry because every time something like this happens, people say that's why i don't go on cruise ships. >> jeanine: i love cruises. that's why i go all the time. have you been on a

cruise? >> i have never boin a cruise. how would you feel? >> jessica: majority are completely fine. >> jeanine: but in this situation? >> jessica: i think you're going to spend your final moments saying whatever you have to say to your family. the cruise industry is basically getting back on its feet after covid when everyone was not going, obviously. i'm chute it will be another huge hit to them that this is going on, and this is a fancy one, right? >> jeanine: it is a fancy one, and tyrus, radar goes offline. forget about the passengers, but the crew is in a mess. >> tyrus: culturally,

i don't do ships. >> jeanine: culturally. >> tyrus: culturally, i don't do ships. especially because i want to know when it's coming and will be back. and it's a giant hotel on the water. and i can see and swim and walk back to shore, tyrus ain't going. it's not sea sick because while you're telling your loved ones you love them, you're throwing up on them, and then i'm in the water. and best case scenario, you drown and the worst case you're doing the dance with mother nature. >> jessica: but we're not supposed to be. >> tyr. us: until i have a pair of gills, i'm fine. see the ocean, enough said. >> jeanine: it seems like everything is ok

okay. jeanine: straight ahead, an early christmas present for donald trump. >> people are asking me why? why do i do this work? is

kennedy: welcome back. the former president trump got a christmas president e. they just denied the ruling on whether trump has immunt on his federal case allowing the lower court to hear the case first. it could put off the trial until after the election. that is the gift. meanwhile, joe biden's plans for 2024 are about as aimless as him trying to walk off stage. biden's allies aret

getting a little nervous heading into the new year over his non existent agend an afor the new term 2016 term candidate worries. but bideb hasn't hit home. turns out when it comes time for election bid, celebrities are running for the hollywood hills. >> reporter: oprah, are you going to support the president in 2024? >> i'm just here to celebrate this event. >> kennedy: you get a non-answer. you get a non answer. let's talk about this 2024 election? >> jeanine: it is good news. he got a little slap down. i don't know if i said this before. i don't

know whether his arrogance is more absurd than his ignorance. he's got a case that the asupreme court should hear right away, that we should avoid due process and the regular process of appeals going through the appellate process and that the united states supreme court should bend to his whims and trump syndrome. he's been slapped down, and the supreme court basically said we're not getting involved in this. make no mistake that now the issue of immunt will go from the district court where they are right now to the dc court of appeals and then possibly to the supreme court. so the trial that's scheduled for march 4th is never going to start on march 4th because they've got litigation with the siricate court of appeals. and, you know, the supreme court is basically a saying we don't want to be a part of this. we don't want to be a part of any of this. respect for the supreme court is down since the obama days since oobama started trashing supreme

court justices at the state of the union event. i remember that event specifically. but what the supreme court knows is that it will very soon be deciding the issue of the woke justices on the colorado supreme court, one from harvard. the other from yale. the other from penn. the other from va who decided the president cannot be on the president ballot, because they on theing he should. they misrepresented their interpretation of the 4th amendment. it is essential they do, and they don't want to get involved in the immunity issues. it makes jack smith look not so smart. >> kennedy: all right, jessica. the former president who is having legal trouble to the current president having legal troubles. do you agree with the 26 year old that the president hasn't been transparent enough

outlining plans for 2024 and beyond? >> jessica: i think it's certainly more work to do, and there's ten months to do it. the biden campaign announced that in january, it will be official who will be in charge of every state. he is frustrated with his own team saying we're good to do this, and i think it's good and great that maxwell frost became the youngest candidate ever elected and talking about these issues. he gets what gen z is talking about, and the president should hear him loud and clear. but the frame that this is all doom and gloom for president biden doesn't argue that this is cash on hand. their pocketbooks are still open. he has 71 million dollars on hand. and the dnc has 20 million and the rnc has less than 10 million dollars. and everyone looks at you with your fundraising. and we have detroit where the news came out

where it's audio of mcdaniel and president trump pressuring michigan officials to certify the election in 2020, saying to them you should flip your vote, and then he chimes in and says don't worry. we got you handled on the attorney's front. so now you have the 11,000 plus votes that he needs and the michigan call and who knows what else. so the interference case is getting more and more solid. i understand your perspective on the colorado case. i just want to throw into the mix the fact that the judges who wrote the majority opinion, those losers from the ivy league and all that cited neal. >> jeanine: who is from colorado. >> jessica: right. and if they are eligible in section 3, nowhere it says he has to be convicted

of rebellion. i'm just saying. >> jeanine: i think that's why they're saying due process. >> jessica: i know you. you know it. i'm not a lawyer. i never said i was when you had a problem with what i was saying. i'm just stating facts about how they defended their position. and they said no due process but didn't talk about the bench trial where president trump got and it was a slew of witnesses. so to say it was a good week with the audio tape and what happened in colorado because it might get pushed back. >> kennedy: it will, but the dc circuit has been moving incredibly quickly but lightly. >> jeanine: i think the election will be weird no matter what. jeanine: are republican donors waiting for the entire thing to

coailous, or will they expect someone to come in like nikki haley to come in and get the nomination? >> i think some of the big gop donors are looking for donald trump, and increasingly nikki haley looks to be that person and they're losing faith that ron will be that alternative. and you talk about cash on hand. you know who doesn't have cash on hand? american voters. and i think that issue is going to dog president biden throughout the reelection. we now see he's got -- i always dismiss polls this early. you can say whatever you want. i'm just saying. i think it's good to watch the gala polls and you see trends and movement. all of that is really important. joe biden is looking at the lowest rating of any

president since the gala has been registering. it's 15 a points below what george h.w. bush had, and he went on to lose, of course. and i think it's terrible, in terms of the court case and the jack smithing, i think jack smith has really sort of shown his hand here. the idea that he was so adamant, not only to pursue these charges, but the fact he wanted the supreme court to step in and do it before the election proves that all he wants to do is put donald trump in jail before the election. >> kennedy: yeah. i think he'll do it by any means necessary. >> jessica: isn't that a standard though? i'm just reading back on this that the judge pushed it? >> tyrus: where did nixon end up. >> kennedy: no. that was the precedent.

>> jeanine: so who has a bigger problem on their hands? >> tyrus: they both have problems, and the thing everyone seems to be missing, and i do think differently, biden's campaign is running right now, and it's running full steam. he doesn't need agendas. he has it. trump is an inserrectionist who needs to be in jail. don't vote for this guy. that's what he ran. that's why he won last time. nobody voted. if you go to lot of people and go is biden your favorite? they'll be, like, no. they won't have an i love joe biden sticker, but they'll have an f trump sticker. and it worked for them once. they got him impeached twice. we know the russian stuff, all that bs. and he's not going to debate with trump. why would he debate with an inserrectionist who is up for jail time?

he had allowed trump to debate with him, he would be saying it's okay. he would be saying january 6thicide be 7th, 8th, 9th and 10th. he doesn't say i need to put a fish in everybody's pot. he should say if you let the one who stole your rights away to get in even if the supreme court reverses it, people don't have faith in the supreme court anymore. every person who was insulted or effected by the supreme court's abortion aruling, that changed the red wave to a blue splash. the supreme court, let's say it's 8 to 1, and they change it and trump goes back in, it's not going to change the minds of any americans who don't trust the supreme court. sun everatives, we need to look at the fact that we're outnumbered. maybe not outclassed but

outnumbered. look at her little smile. she knows it's true. what they've done paint the picture of the monster. facts don't mean anything. him getting embarrassed, it's still going. it's all part of the thing. and unfortunately, president trump falls for these when he wants to fight them and when he should be reminding us of these deeds. it shouldn't be a train where joe biden stops in and he's going i'm going to do this or do that. he said we have to stop this guy, and america voted for him. he was a horrible vp for president biden, i mean, president barack obama. but his message was we got to stop him. and they keep count count of new things and have judges say he's an inserrectionist. unless i missed it. i work at a news place. but i think him being nan

serrectionist would make the news. it's effective. it worked once. they think it's going to work again. >> jeanine -- his numbers go up every time. they can charge him civilly and criminally and keep him off the ballot. the more they come after him, the more america says why don't you let us make the decision? >> jessica: but in all those polls, it shows if he gets convicted and he gets his day in court, joe biden wins. he wins the popular states and electoral college, and the trial date matters. >> kennedy: and he doesn't fear the reaper. the out of control video everyone is talking about. we've got it for you next.

hit the road rage this season. otherwise, you may be slapped with charges for christmas. check out this insane brawl after two trucks crashed in new york. prosecutors say the driver of the flipped vehicle ran his car into another causing his to roll on itside. the driver then got out of his car and began swinging a wooden object at the man in the other vehicle before other members of his family joined in. several others got into the fray to break it up. but it only escalated into what you're seeing here. these road rage brawls are more common than you think. 93% of people say they have seen an active road rage this year. and half of drivers say they will react to aggression to other drivers with their own aggression. so before we get into it, and i really want you, tyrus, to give

an analysis of the fight. >> ty' rus: gee, i wonder why. >> because you're such a good fighter, tyrus. this should be move over die hard or whatever the home alone, this should be the new christmas movie of all time. but my favorite thing is all of these guys are from england, jessica. this is biden's america. this is what you get with wild migrants. >> jeanine. . that's right. >> jessica: these are the migrants we fear? >> yeah. are you not afraid of them? >> jessica: i totally am. i'm a very cautious driver. i got that from my dad. he said if you go three miles above the speed limit, you're okay. but that was basically his limit. i get so scared when i'm in a car with a

driver who will respond to aggression with aggression. even my husband, if we were driving or you were driving and i was riding shotgun. >> jeanine: yeah. >> jessica: and someone did something, and you went to roll down your window, i would be scared out of my mind. you just don't know what other people have going. but jumping out the car and having a fight. >> at one point, people see the car is overturned, and they pull out their car to call the ambulance. and all of a sudden, these guys jump out with sticks. what would you do? >> jeanine: they do what most americans would do. they take their phone out and take a video of it. let me tell you what's going to happen. i've seen cases like this. this is all part of a family. one guy has a nose sling and another suffered a broken hand and by the way, no one drinking. it's the middle of the day, and they all go to

applebee's. all the charges bile dropped. the only one that will survive this is lawfully endangering a child. he didn't have the kid in any kind of a seat or seatbelt and reckless driving because he this happened car over after he drove it into another one. this is one happy family. >> very happy, and this proved, kennedy, you should drive assuming everyone else is a harm. >> kennedy: or at least if they have sticks. they weren't even baseball bats but sticks. you're driving near soccer fans with sticks. it really isn't worth it. it's not worth, you know, upsetting the one person who has had the worst day. remember that michael douglas movie falling down? you want to maket that guy mad. it's a family event but warms them a little

bit that they went to applebee's and got a nice plate of appetizers. >> tyrus: you know what's funny? the little stat thing tells me something. you don't know this. no one wants me when i'm mad. they get out the car and tough when they realized they talked trash to a 6' 8'' who is having a bad day. i realized this before i watched. this is the worst display of fighting i've seen. and maybe they should have kicked each other. we use our hands and we fight. they avoided getting hit. it was more displays of muffin tops from men and a butt show. this is horrible. trying to fight and not fight at the same time is ridiculous. i want to punch, but i don't want to get hut. at

one point, someone goes no e. we beat the heck out of each other. you beat your friends up worse. here's the best part about this whole thing, they had one where they kept hitting their partners in crime and then it was a magic show. one guy magically appears. and it was a clown car because guys keep running from behind. the child should have got out because they probably would have fought better than all of them. look at that. >> jeanine: it's probably biden everywhere. all right. fan mail friday is up ne

next. what is it is? it's fan mail friday. we'll start with kennedy and work our way around to the judge. what animal do you want to cuddle with knowing it won't hurt you? >> hippopotamus. but it will hurt you. >> it it says that it won't.

>> kennedy: then definitely a hippo. >> jeanine: a goat because i spend the entire time saying look at me. >> i would like a killer whale quick question, what song has struck you throughout your life, kennedy? good question. >> nine inch nails, my empire of dirt. i will let you whine. i will let you hurt. saisn'tt it beautiful. >> that's awesome, speed route. voices carry. i love that song. shut up. i had the biggest crush on the lady. when was the last time you were in a movie theater and what movie did you see? >> jeanine: i saw oppenhimer. >> cool.

>> barbie. >> what was your favorite store to shop in growing up. >> nordstrom. >> i don't know. walmart. >> izard. >> one more sup next. >> jeanine. : that's it. >> that's it. speed round.

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the the crazy thing about glp one through ro is that my cravings have completely disappeared. i'm not quite sure how something that's just a little tiny can be so powerful in so many different ways. the weekly shop at how to use my it started at ronco and it's generally leaving this bar. >> okay, it's time now for one more thing. judge, you go first. okay. before i get to my one more thing. tune in on monday for our christmas special extravaganza. it's a fun filled show featuring our biggest and best secret santa gift exchange ever. plus, we will reveal who's on our naughty and nice list and much more. >> you don't want to miss it. now, every year i decide that my dogs need a little something exciting for

the holidays. >> so as you can see, i am there with teddy has the red ears, and red has the green ears. and stella is pink. that's me with the brown hair. oh, and there, there they are. i enjoy my dogs. i have four rescues. everybody. three of them are there. i think doodle comes out later. you know, when your kids are gone and, you know, you just have fun with your dogs. people think you're nuts. >> they come up to the gate all the time. they take pictures and the dogs are happy to oblige. >> $5 a picture are key to excel. let's do that. girl power. okay. and you go, girl. a miami firefighter design realistic dolls to inspire young women to become first responders. tina geisler has been a firefighter and paramedic for 24 years. despite water accounting for just 8% of firefighters in the country. she created the triple foundation in 2018, which

stands for first female firefighters and now has more than 7100 members worldwide. >> january and the line of dolls comes with the gear firefighters use every day, along with a guide to explain how it protects them. and a portion of every doll sale benefits the foundation. you go, girl, kennedy so cats hate christmas trees for some reason. one couple, they saw the cat pull the tree down. so then they put the tree on the ceiling and that didn't really work. look, there's tree on the ceiling the next year. and finally they built a giant barrier around the tree. >> and that was the only way to keep the cat off because they are the devil. >> so. charlie, charlie, this wins christmas. a mississippi woman's secret santa gift. her dad fulfill the promise she made to herself years ago when she was a child the age of seven. >> she remembered her father by giving him a dan marino football card for some extra. >> oh, that's so nice. >> i like it