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>> hello, everyone. i'm dana perino along with ju dana:i am dana perino with jesse waters and greg gutfeld. it is 5 work in new york city and this is the five. 2,024 election turning into a free-for-all, maybe. a dozen states can follow colorado in kicking donald trump off their ballot or trying to and republicans are vowing to retaliate against president biden. >> we should be encouraged by any action that makes it less likely that he will return to the presidency. >> it is a question of law. a 14-year-old tried to run for president, would that person be kept off the ballot because the constitution says you have to be 35 years old? >> with the limiting principle for that? could we say biden can't be on the ballot because he let in 8 million illegals and violated the constitution which he has? >> maybe we should take

president biden off the ballot in texas. dana:california looking to copy colorado's balaban, the lieutenant governor trying to run for governor next year, that's very political. despite read legal questions the golden state's lieutenant governor is exploring all options. >> we are in uncharted territory in our country and the decision out of colorado is a significant factor. when the supreme court of colorado determines in an examination of the facts that donald trump is an insurrectionist and disqualified from being on the ballot, certainly in california we have to look at that information and make the same determination. dana:these developed putting pressure on the supreme court intervene. legal experts argue it should be an easy case. >> the core problem is denial of due process. it was a 5 day hearing, there was no jury, it was before the judge. they were not able to subpoena

witnesses. the process was procedural frankenstein. >> what colorado did was wrong, was wrong legally, was wrong in terms of our values. >> colorado tried to take a state-level proceeding that is not really made for this type of insurrection determination and for say square peg into a round hole. >> reporter: some in the legal media say trump doesn't deserve a fair shake. >> so many people are serving jail time and donald trump is not for one simple reason, because unlike donald trump, they are not rich and powerful. so please, spare me the anti-democratic lectures. dana:people will be anxious to hear from you on this. janine:i'm glad to be back at

the table, pleasure to see you. the 14th amendment was not intended to be used the way the court in colorado used it. the idea of an insurrection encompassed in section 3 of article 14 is that they would keep a confederate off the ticket for president post-civil war. that's number one. number 2, the question is whether or not what happened on january 6th is an insurrection is an open issue. the question is did anybody go with guns, with their plan to actually take over the government, to seize control, and than the other thing is whether subdivision 3 applies to a president, it is not clear in the 14th amendment. it talks about judicial officers, it doesn't speak specifically about the president and insurrection. on the face of the 14th amendment they lose.

ainsley: the supreme court in colorado. from harvard university press of pennsylvania, uva, and pen, all these elite schools that are very anti-trump to begin with. now you say look at the results. a lieutenant governor in california looking to follow governor newsom. this woman is so smart she thinks the president according to the constitution has to be 40, it is 35, but she said it creates a precedent, doesn't understand the legal system. colorado doesn't create a precedent, higher courts for lower courts. finally, this is all about disqualifying a political foe. there is no basis for it and i want to know what are the democrats so afraid of? what are you so afraid of? you tried criminal cases, civil cases, you impeached him, now you want to throw him off the ballot. what next? why are you so desperate to

take this issue away from the american people? dana:they are conditioning for any decision from the supreme court to be political if it doesn't go the way they want. >> the dems are freaking out about poll numbers and rather than playfair they will take the player out. this is the equivalent of drugging the opposing star player before the big game. this is why they are doing the insurrection, they -- the media is all in an. they totally overplayed this. they normalized hitler. everybody's a nazi. meanwhile they made sure young people in our education system aren't sure what hitler is because they've been calling everybody hitler. they would use hitler the way servers use the phrase awesome. that so hitler, hitler speech today, that the hitler jacket. why are they doing this? here is why.

imagine if the election were a blind taste test, two products and list the accomplishments on both sides side-by-side, the policies, what was done, one would taste like non-pulp orange juice and the other would be horse pace. trump is the orange juice, biden the horse piston at blind taste test. if you focus on what matters everyone would favor trump so you have to labor that brand as something bad. hitler. so people against their own needs end up voting for the course vp. when you say someone is hitler and the followers are nazis you tell people it would be immoral and even evil, to stop them. if you have a chance to kill hitler before he enacted the holocaust who wouldn't do that? that is why they are pushing these to demonize it so you can't, you can't support him. you would be just as bad.

this is why millions of people didn't trust the election process of 2020, because one side used the government, the media to attack to exploit every single avenue, illegal or not, lie, cheat, spy in order to get their way and they are doing it now but now it is on meth. dana:colorado has lit a match and the supreme court i hope act quickly because if all the states are to try this they need direction from the highest court to say yay or neighbor. >> usually i say something controversial before vacation. i will pass. i am kidding. we are going to -- you know who else? lincoln. in the southern confederates knocked him off ten state ballots. another glaring similarity between abraham lincoln and

donald trump. excuse me? also, also. donald trump was acquitted in the senate of insurrection and he was never charged criminally with insurrection, vote suppression when they have to wait in line to vote for their candidate. what if you never get to vote for your candidate. they are talking about stealing our votes and they are happy about that. i don't know if you read the wall street journal. he makes the point there were 51 former confederate soldiers and legit confederates that ended up becoming federal officials. the confederacy's former vice president became a federal official. one of the chief secessionists became an interior secretary and a supreme court justice.

>> you don't say. greg:after the civil war the republican congress press the amnesty package where it provided for a little more reconciliation to allow some of these people to be brought back into the union. there is more a spirit of reconciliation, national unity after the civil war than there is today in 2023, that is bananas. dana:we hear there's a concern about the crisis of confidence in our institutions. this seems to throw a match on a problem the supreme court can push forward but if the supreme court says this is ridiculous, it's not 90, do you think it will turn into another political food fight? >> we will analyze the makeup of the votes for pushing this, i said yesterday i thought it would be overruled.

what i think will likely happen, john f. kennedy talked about the same guy in profiles and courage but he wrote about what carl talked about, profiles encourage so a couple things. our nation is not perfect, we strive to make it more perfect and i believe the engine that allows the most important part of the engine that allows us to do that is we built on the rule of law. the rule of law allows steadiness, fairness, accountability and predictability. democrats may be upset with me for saying this but the record they looked at in colorado, the political hearing that took place the january 6th hearing and viewed that as a tribunal and looked at those facts, he didn't have a chance for cross-examination, the witnesses he was able to put forward, bunch of questions, they are likely, the court because they don't want to deal

with the questions around is he an officer, so many difficult questions, william bar said it is a denial of due process. these questions will just push it back and say answer all these questions. allow witnesses to come before because you can't have a few days of a hearing, not allow someone who's going to be disallowed to be on a ballot to be elected to office to be decided by -- the reason i hope there's a 9-0 vote, you make a point about the law schools, i think americans need to see the judges are impartial agents of adjudicating the law and when the law is clear there' s not enough of a record for this to be decided like it's been decided. i was frustrated by the california attorney general, you like their politics or the politics of the decision and

say that look at the law and if the law allows you to do this you have to look at it whether you agree with it or not to determine whether your own laws are consistent but i hope the court will look at this quickly and we can find ourselves not talking about this like we have. dana:migrants are becoming social media stars. ♪ to support cognitive health in older adults. it's one more step towards taking charge of your health. so every day, you can say, ♪ youuu did it! ♪ with centrum silver. ah mornings! cough? congestion? i'm feeling better. all in one and done with new mucinex kickstart. headache? better now. new mucinex kickstart gives all-in-one and done relief with a morning jolt of instant cooling sensation. it's comeback season.

♪ ♪ >> greg: move over, dylan mulvaney. migr >> move over dylan motivated, migrants are the new social media influencers document in

their treks to the united states online posting videos of the dangers faced along the way. ♪ ♪ grade:their videos serve as guides for others, some making so much money after their videos blue up that they no longer need to live in america. the border turns into a bigger disaster the texas governor now charging flights from migrants to century city chicago after the liberal city interfered with the buses. one chicago democrat calling out his own mayor for turning a blind eye on who is really to blame. >> my mayor is blaming everyone

except president biden and kamala harris. they are not calling out secretary mayorkas for letting asylum-seekers come into the country under false pretense and giving them court cases ten years from now. it is outrageous the common sense is nowhere to be found in the democratic party when it comes to this issue. >> the social media migrants, they are already assimilating. how soon before they start dating kardashians but maybe they found their own solution, they become capitalist, they don't have to come here. >> one guy keeps going back and forth, he never makes it, he's paid so much on the journey. i've been at this company for 20 years. 20 years ago when i produced the factor, i didn't produce it but cutting tape for it and we couldn't find illegal alien footage. we used to run the same black and white footage over and over again. we had to hire former military guys to go to a remote location

to set up a camera and capture them scurrying across and now we are not only getting film of them every day but they are filming themselves while we film from. it is never been this bad. remember the mtv show road rules? i know people that would pay $10,000 to jump in a central american waterfall or go kayaking in a stream in guatemala. this makes a mockery of this immigration system. you can put a stop to it now but he won't. >> the agents are "outnumbered" by your legals by a factor of 200 to 1 which raises the question who is that one lucky guy? joey jones, lawrence jones, pete hegseth? dana:if it is just the waters may be. why doesn't the white house use dylan mulvaney?

if you need a social media influencer to do this, have him make different videos to say it's not so great. that looks fun. that there doesn't look fun but the way they put the music to it, nobody's listening to kamala harris and president biden when they say don't come. you could make videos from the state department of the cia and put them out there but it is not that great, you risk using your -- losing your life, you risk being raped, you risk being turned away once you get here and everything that goes with it. on the video point, the migrants themselves are providing free content make a lot of ads using this very thing. greg:maybe democrats are right. they don't want the illegals to die.

>> these stories, amazing they are using technology the way our kids use them. they are advertising and showing how great it is. their lives where they are coming from must be horrible to make this journey and make this trek. having said that the noisy nurse and dysfunction of our side makes it more likely more people will come. the issues don't change. for councilman lopez of chicago to call out his own mayor and say point finger where the finger is pointed at least point the finger and other places, no doubt we need federal policy, new federal outlook on this and it is not hard to figure out what to do. build the wall, put more law enforcement down and do something we haven't done in 35 years which is figure out ways to invest in smart efficient ways to make their communities

and countries more palatable. we've not done enough to dissuade people from coming but we have to acknowledge their lives are in a state of affairs where they are willing to risk their lives. >> they are coming from every country in the world, the united states taxpayer, everybody wants -- >> don't think -- we should invest more, trillions in other parts of the world, we've been shortsighted not to think about our own hemisphere. greg:he harold is saying we should invade these countries, take them over so they are more like the united states. dana:looking to colonize. jenin? when you talk about not getting video years ago, what we've got

now is the normalization of illegal behavior. this guy is showing these videos, aiding and abetting illegal behavior. and because that's what president biden wants, he should make him the director of tourism for the united states. this guy is making money and it is dangerous. there's mountains, forests, river deltas, flooding, where if you 're sleeping the flood can just take you and you drown in the water and yet they are making it look like it is a great thing. you say why is president biden doing this? 200,000 people have come in this month in december, and it's not the end of the month yet. i grew up in a town of 40,000 people, five towns like i grew up in. they are bringing in football stadiums of illegals, to what end?

how many is enough? why is no one stopping it? someone had an argument with me, said you have to have congress act. what do you want congress to do? i am not a politician. i said maybe we should just enforce the law but in the end there is an agenda here and the agenda is on election day may being there's motor voter registration maybe they will be able to vote. maybe some cities want them to vote. this guys advocating coming to this country illegally saying it is easy and these people are from afghanistan, egypt, iran, syria, is becca stan, mauritania, what is going on? imagine those -- bring them in. to what end?

greg:did president biden create a student debt bomb the rest of us will be forced to pay for?

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crushed, >> are you going to ruin my credit. so i can't buy the house so i won't by ever in my lifetime anyway a? dana:president biden isn't the one crunching the numbers, the president bragging about relieving debt for one hundred 30 million americans even though there are only 40 million with loans. >> president biden: i went to the supreme court to eliminate student debt and guess what? [applause] >> president biden: the supreme court ruled against me but i still got 136 million people debt relief. dana:what is he talking about? dana:i don't know how they are counting the numbers but this is buying votes. he over promised and under delivered. the supreme court said you can't do this. he said got it and the left

went nuts and he said i will do it anyway and they did 1/2 measure but the young woman was saying that dick the tiktok video, this is a real issue for younger people and candidates from both sides of the aisle have to figure out some sort of message, what is the future, what is the hope. there was a time paying off your debt was a source of pride and relief and i did it and i understand they have a lot of debt but they also have degrees. there's a problem with universities charging too much. today, how much it costs for room and board at universities because they have apartment that are nicer than anything i lived in after high school when i was in college. i think this is happening with migrants. you promised citizenship, that you won't do deportation, when you 're running for president, you become president, you don't push that back, no migrants they are not going to pay their

student loans but i'm concerned about young people feeling like they won't make it. it is probably why you see in the polls young people saying let me take a look at the other party even if they don't like donald trump they might be able to say let me look at something else because these last few years are not working for them. jenin:if you look at tiktok, people making $50,000 a year, 38,000 and the average house is 400,000. is this because of bidenomics? >> i would question the college education one receives if they graduated from college and one of their first acts is to say they are not going to pay back their college debt and advertise on tiktok and self promote and hide behind this notion that you don't want to pay your debts off and don't care if your credit gets crushed because you are not going to be able to afford a home, this is a young woman with no idea what her future holds. i would assume she would want

to play by the rules but that is what we should be promoting. blanket forgiveness is not what i would have done. i understand trying to incentivize areas we need more workers and doers, being in the teaching field, law enforcement, truck drivers and others. to give it to anyone, to hear this young lady, a piece of advice to anyone who's not going to pay their debt, i tried to pay my debts off, don't go on tiktok to say you won't pay it back because you don't care. in any college that has graduates doing that, they should submit notices saying please don't send money to the university, come back and let us give you an economics course because you have to pay your debt back and the president should be saying the same thing. now we are asking everybody to chip in and do their part. jenin:isn't the president

incentivizing the high cost of college by trying to begin to pay the loans for these young people? >> if i were a conspiracy theorist -- if -- i would say they broke the banks of the rates had to get jacked up which forces young americans to move back home with their parents so than they are not dating at not getting married and then they are not having babies which drives the birth rate down so biden can open the borders to the population, if i were a conspiracy theorist but i am not. today. hunter does the same thing. why should anybody pay their loan off when the son of the president doesn't pay his taxes? he is conspiring with his son to blow up a congressional subpoena. they don't care, they do what they want. >> somebody else should pay your bills that you contracted to pay. >> the person that pays as a

taxpayer, that got me about this, why it was so immoral and wrong the, you could have done this differently if you wanted to focus on practical majors whether it is stem or premed, science, nursing, engineering, let's say president biden had come up with a plan that split the burden, you pay $250 a month on your college loan. the recipient pays one hundred, government pays 50, the bank pays 50, the school pays 50. how easy to share the relief but that didn't happen because president biden didn't think about it. it didn't occur to them because they see the us taxpayer as this vast money pit that you can scoop it out like an all-you-can-eat buffet without a cover and it is no better than a smash and grab.

that should drive you insane. jenin:a christmas travel nightmare, a cruise ship headed for the bahamas ends up in canada instead. ♪ 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. salonpas, makers of powerful pain relief patches for 89 years... believes in continuous improvement... like rounded corners that resist peeling, with an array of active ingredients... and sizes to relieve your pain. salonpas. it's good medicine.

♪ ♪ ♪ jesus, suite jesus ♪ ♪ what a wonderful child. >> >> millions of americans hitting the road and taking to the skies this holiday season but is it better to just stay home? thousands of cruz passengers left fuming after their dream vacation to the bahamas got switched to freezing boston and canada at the last minute, one day before departure. the company claiming bad weather, passengers are not happy to have their christmas ruined. >> we thought when we got on the bruise they would reroute

us to the bahamas. >> it keeps getting colder. >> my son is disappointed, my 7-year-old like mommy, where is the beach? this is the only christmas -- >> we reserved a banana boat. greg:it could be worse. one hundred 15 million americans expected to travel in the coming days. pete buttigieg is blaming storms or anticipating holiday travel chaos. >> we may see bad weather impacting travel around christmas and new year's. faa is working with airlines to plan for that possibility. so far we are 1.2%, what i would consider healthy closer to one. we will keep it that way, that's encouraging. that does invite us to pay more attention to the issue of delays and press airlines on how they are behaving.

greg:i would like to tell you christmas is always december 25th, july 4th is always july 4th. we seem surprised when these moments arrived. what is your reaction to the transportation secretary? jenin:it started with palestine and it went on from there. he knows there were problems last year but do you remember thanksgiving? he wanted to blaming streamers republicans for whatever delays we would have in case we shut the government down which didn't happen. i want to talk about this, here is the thing. people less than 24 hour notice everybody, the people have taken off from work, kids are off from school, the dog is, they save the money. this is a christmas present. they have got a banana boat and say we are going to boston. what they should have done was

given their money back, let you go on this cruise and people on the cruise, 40% didn't go, didn't give them a better cabin or extra thing here or there. it was very sad. greg:it seems like something of transportation should focus on. >> didn't know you could reserve a banana boat so i will make johnny make my reservoir action. i like control. when you put your self on a cruise ship you totally lose control. you are at the mercy of the captain. i want to be the captain. that's why i am flying out the day after christmas and going down south. i want to make everybody in the audience aware it is much cheaper to travel in january. don't travel in between christmas and new year's, travel in january. i'm not saying that selfishly because it keeps the airport calm but it will save you a lot

of money. greg:leaving the summer 20 sixth. >> an article posted this christmas season there will be no white christmas, not racial, there's going to be no snow. i don't know how mayor peters so ahead of the curve on the weather, the weather is going to be great. >> you have thoughts on this? >> this does not alleviate my concerns about going on a cruise but i think this company doesn't sound like a good one. last year, my friends were going to ski in europe at jfk airport, they are ready to go, there's a fire somewhere at jfk airport, they are told we can get you a flight in four days so what did they do? they pick up the kids, got their luggage back from the airline and went home and had a nice christmas at home. >> a happy ending for really rich people.

>> we will have to wait. >> what are your thoughts about this? >> are you sure mayor pete isn't working for the cease-fire? he is better at hindering transportation than any mob of protesters? every holiday travel season is the first one ever. i didn't see this coming. act like it is covid. surprised us. he has one job and acts like it is beneath his pay grade. he's on learning, not learning on the job. take some blame off him, travel season is always chaos. everyone is doing it among the season of the worst weather. we need to treat it like alternate parking on the olympics, if your social security number ends in an odd number you celibate christmas one year or stay home and the other part of the country does

it and you flip it or like one group celebrates christmas in the summer time. i actually -- i now believe it. >> southwest airlines had a bad time. we will see if they fix their systems, congratulate them. dana:who will pay? obviously the customer. or get on a banana boat. >> people get where they want to go down south to someplace where you don't want to go. fastest is up next. ♪

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♪ ♪ther >> jesse: welcome back. there's no shame in taking asi greg:no shame in taking a sick day. people are using cold medicine and it is called sick shaming. have you ever taken a sick day when you weren't sick? greg:may be i have but back to what i said before. this is the blind acceptance of

letting all things happen at once. time exists so everything doesn't happen at once. think about this season bitwise everybody stressed out? you have travel stress, weather stress, although the gifts and tree stress, a work commitment car you might work for a place that increases, doubles your workload until december 23rd and then tells you happy holidays, you get sick from being indoors, gorging on food because everybody is giving you stuff, have some candy, some cheese, here's a candle. what happens is the healthy living we've done all year, all this improvement, back to my alternate parking, let half the population do it one more. >> if you see someone sick do you say don't come to the office, are you one of those

people? >> on one of these people if i hear him sneeze, you getting a cold? my next thing is i hope you feel better and my next thing is i hope i don't get it. i'm one of those people. i don't want to be around people when they are sick but i am a little suspicious about a lot of the sick days. greg:harold you are sick a lot. harold:50. never was sick but i agree, everything i agree with. jenin:i don't like to take sick days. if i'm home i will work anyway. because of covid all of a sudden everybody became are you sick? if you have a cold, who cares but everybody is worried about getting covid. they don't want to be tagged with covid because then you are out for five days.

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its family, and its beauty. and it's all wrapped up in one home front for the holidays. >> saturda it is time now for one moredg e thing. judge jeanine kick this off a quick >> his girlfriend go to ao park iffn arkansas.rk itan is called the crater diamos park. apparently over the years people have foundntly diamonds. he has seen something he thanks it's a piece oyef glass. after a few weeks decided to send it to gia gemologicalinst institute of america. f ouit's a 4.7-carat diamond. it is absolutely colorless. it is a colorless diamond talkia to me moi know it is worth. they say it's worth almost a million dollars. so everybody this is known as the crater of diamonds and the state park in arkansas, head

that way it's like a gold rush frequency is to keep it?and what's yes it is his. >> he returned alone which wasg weird. [laughter]whic >> tonight. what a show and got emily, joe, all -- make it all-star panel, in-your-face brett. greg's did this a dog just talk? listen to this dog and asklf, yourself, did it just talk? >> i love you. i love you. [cheering] i love you. [cheering] >> wow. you get so excited every time pickwick sounds like you at thet christmas party. s [laughter] >> after five drinks that's what it sounds likeyeah indeed. the denver zoo enlisting the help of a man who has declared many ang father when they'rea fa unsure of which orangutan fathered a four month old baby cisco, watch.n >> when it comes to the t orangutan, four -month-old ci

cisco. you are the father. [cheering] that is ma more povich of don ataxia didhe a reveal of who isi the father of thatg little one. >> how she liked me an d your stocking on christmas morning,rt dana? the answer ichris yes. >> are going on vacation tomorrow?. lexuses what you're going to get ious signed copy of my new book and get it together so get it together. go to jesse sign book.com and preorder a signed copy. stick this in thsigne stocking s a stocking stuffer.>> >> the kids will love that. >> cannot wait so will they. grandparents. >> i love the title.and >> apparently happy birthday toe my favorite little. girl georgia have a great day tomorrow. >> i do so sweeper that is up for us have a great night everybody. >> israel prime minister benjamin netanyahu now denies reports presiden