>> hello, everyone. i am kimberly guilfoyle along with juan williams, dana perino, greg gutfeld. this is "the five" ." this is a fox news alert. big day on capitol hill. two cabinet nominees take the hot seats for their confirmation hearings. jeff sessions is testifying before the senate judiciary committee and retired marine corps general john kelly, nominee for secretary of homeland security, is being questioned by the senate homeland security committee. 11 republicans and nine democrats began questioning senator sessions.

one of the biggest issues he's been facing is criticism from the left on his civil rights record. sessions shot down accusations that he's racially insensitive and is about the kkk. >> i understand the history of civil rights in our country and the horrendous impact that the relentless and systemic discrimination and denial of voting rights has had on our african-americans brothers and sisters. >> he has faced intense political criticism, especially from the left, despite a substantial civil rights record. >> i've always thought this nomination was going to be fine. i think today the way to best characterize the hearing was that it was uneventful, just like a flight he would take when you land. the best thing you can have on a flight is that it's uneventful. takes off on time, lands on time, little turbulence.

and the wi-fi works. total bonus. he knew this was going to be an issue for him. i do think he's gotten unfair criticism about his past that it wasn't fully characterized in terms of all the good things he's done. i think that because he is so smart and knowledgeable and also very charming that this nomination will be fine. >> eric, this is something he tried to preempt. get the issue out there from the beginning. what did you think about that approach? >> we expected this. they were going to go right after the race issue and they did. they got it out of the way. as much as you don't like these things, they are important to d do. as a conservative, you have to listen to the democrats voice their issues. they talked about race, abortion, same-sex marriage. gun control, waterboarding.

he said he believes it's absolutely illegal. i wouldn't agree but i wanted to hear them say it. the muslim band, he got out there, saying i don't believe in a full muslim band. i believe in extreme bedding for people who are dangerous. important to hear the topics being touched on. how he's going to answer is ast shewolf lawmaker in the country. i thought there were some stupid questions for those were good looks. the stupid ones were, did you chant "lock her up"? senator franken taking some cheap shots at senator sessions with some arguments he made based on someone who said something 30 years ago and then had to recount his testimony. >> senator cruz stepped in. he had a situation with franken. what did you think of how we did today?

>> sessions had a kkk leader executed. he killed a leader in the kkk. you know who didn't do that? jesse jackson, al sharpton, malcolm x. cory booker, all the great several right -- barack obama, eric holder. they didn't kill a kkk murderer. he killed one of them. this race garbage is pure garbage. this whole hearing boils down to one thing. would you do mean things to the specific people? that's how all the questions are. the whole thing is to paint republicans as victimizers. that's always been the case. victimizers versus the victimized. the goal is, like you said, the boring the better. your testimony has to be the world's most difficult climbing wall where there is not a nook or cranny that people can get a foothold in. the other thing that's interesting is how boring this stuff actually is, and the only comic relief comes from the protesters who are essentially

the rodeo clowns for the testimony. when it starts getting a little slow, outcome the rodeo clowns screaming. how do they think that what they are doing is persuasive? their actual operation is the most unpersuasive method possible. i want to persuade you to my idea by throwing up in front of you. that's what they do. they come off as unstable, screechy, weird, disgusting. every time they do this, they help the person who is being investigated. >> juan, seems to me this is a concerted effort to denigrate any malicious way a man, his record, reputation, his history of service to this country. and a very strong civil rights record fighting on behalf of disadvantaged communities and minorities. >> i see it so differently. there are a couple things at play. the politics are large bird for democrats, this is an opportunity to take on one of donald trump's main supporters during the campaign.

i think that's why we went back, as we heard senator patrick leahy, grabbing women by the genitals and that stuff. the democrats are using sessions as a stand-in for asking questions of donald trump. they are making sessions have to say, of course that would be considered sexual assault. >> this is political, than they are being partisan. >> of course. >> playing games. why aren't they asking legitimate questions about what he would do as attorney general? >> i don't think so at all. it's a legitimate question. do you consider, if a man grabs a woman in that way, is that sexual assault? for the top law enforcement officer in the country, it's a legitimate question. i disagree with greg about what he said about sharpton, jackson. none of them were the top law enforcement officer in alabama. >> the point is sessions has done more for civil rights than al sharpton. >> i don't think that's true.

sessions has a record. he presented it today and made a case for himself. when you look at the black community, it's very interesting to me. condoleezza rice supports him. said he was instrumental in getting rosa parks honored, a famous alabama native. larry thompson, who was in the justice department also has come out supporting him. larry thompson knows the law and knows these things. the senator from south carolina also supporting sessions. on the other side, you get people like cory booker who is going to be the first senator to come out, senator from new jersey. he's black. he's going to come out and say i oppose sessions. >> because he's running for president. >> working with senator sessions on cosponsoring a bill that said it was an honor and a privilege to work with him. >> talking out of both sides of his mouth. unique talent sprayed >> this is all karaoke team sport stuff.

everybody's friends. cory booker is friends with sessions. sessions is friends with dianne feinstein. they all get along. when the cameras come on, it is team sports. you are a great senator but i'm not going to support you. >> one issue that both sides brought up, it was compelling and interesting of the whole six or seven hours that i was stuck watching. the federalism issue. brought up by a democrat senator and picked up by republican senator . they could agree that the federal government would never put in place to oversee every single law and implicate every single law, implement every single law. >> another issue that came up with immigration. let's take a listen. >> we've got 800,000 people who have come out of the shadows who have been signed up. would you advise the next president, president trump, to repeal that executive order? >> it would certainly be constitutional.

i believe to and that order. >> what is going to happen to those 800,000? if you revoke that order? >> let's fix the system and work together after this lawlessness has been ended, and then we can ask the american people and enter into a dialogue about how to compassionately treat people who have been here a long time. >> dana, obviously this is an issue of contention. immigration has been one of the four fronts of president-elect donald trump's campaign to say secure the borders, jobs in america, making sure that we are secure, as from the standpoint of national security. >> this is where you see the administration, the incoming administration try to make the pivot from campaign to governing. what senator sessions said working together, talk about

this in a rational way. probably doesn't sell well at a rally but it's better government. hopefully that will set the stage for a good discussion about this issue. we do have to deal with it. >> i think on immigration and trade, he's taken controversial stands. he's -- on trade he's been antitrade. he has aligned himself early with donald trump. i think there are legitimate questions to be asked. let me say this. listening to him on the race issue. when he said he believes there has been relentless, systemic discrimination and denial of voting rights in this country, i think it's unusual to hear that kind of language from a republican for you guys might think it's a dog and pony show and he says that because -- >> i think he believes it. >> i appreciated him saying it. >> people who brought up the issue or blackberry that was the key point everybody kept forgetting.

>> on voting rights? >> yeah. >> i was going to say he prosecuted some people. people thought it was not only racial but political against a large black community in alabama. to hear him say specifically he thinks black people have been treated unfairly in terms of voting rights, strong. >> more on today's confirmation hearings. later, find out what happens when dana and i land in the shark tank at the professional bull riders association. i will never wash my hair again. new pantene doesn't just wash your hair, it fuels it. making every strand stronger. so tangles don't stand a chance. because strong is beautiful.

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>> continuing with our coverage of today's cabinet confirmation hearings, and issue democrats and republicans are divided on. here is what senator sessions said about background checks. >> will you support laws necessary to apply those laws, including universal background checks that are necessary to know whether the purchaser is a felon or drug addict or domestic abuse or? >> i believe in background check laws. many of them are appropriate. in every instance, there are some instances where it's not practical. for example, somebody inherited

a gun from their grandfather. those transactions i'm not sure should require that kind of universal background check. >> v-6, did you think he was going to get a different answer? >> i had hoped he would say he believes completely and universal background checks. he came close. obviously if your granddad leaves you a gun, okay. i don't think anybody should be coming into your house and arresting you on that basis. the closer we get to universal background checks, especially the power of that question was that it came from a senator from connecticut where newtown occurred. he's asking with some sincerity. that was no dog and pony show. real people concerned about gun violence in this country. after what happened in fort lauderdale last weekend, it comes with some urgency. >> greg, tough question to answer, especially from withal. >> it's always going to be a gotcha question. if you don't break down what gun

violence is. of course you don't want bad people to get guns. you don't want children to be shot dead by psychopaths. that is a fact. but when you come at this issue as universal gun violence and you come in with these statistics without breaking down the specific nature of each thing. a lot of things are suicide. the majority of gun violence is suicide. and then you have to deal with how do people get guns? but to say gun violence, you are always on your back foot because you know what they want. they are trying to get you to say something. >> they are trying to get you on the record so they can remind you of it later. >> he left himself some room. it's a comfort to people to listen to practicalities that that is what senator sessions was talking about. i think throughout the hearing today what you heard him say is that i will follow the laws. the question will be, will there be new laws that are proposed by

congress with the administration, and how will he sit? he left himself some room to be able to make that decision. >> they are trying to go after him anyway they can. obviously this is one of the confirmation hearings that everyone expected they were going to try to give him a tough time, especially from a partisan perspective. the attorney general is a very important position. it's highly politicized under eric holder, to the chagrin of many people watching and witnessing across the country. used as the political arm of the obama administration. they can ask these questions. senator sessions answered the questions and said he was going to uphold the law, that it was sacrosanct and he would not be engaging in politicization. >> he was a political player. the reason reason he supported donald trump early is he had good instincts on where the country was but he also had the issues. when we talk about trade, immigration paired we can go beyond that and talk about things like saying he wants to

defund planned parenthood. that's a highly political issue. >> senator sessions was questioned on his stance on president-elect trump's proposed muslim immigration ban. >> do you agree that the united states or canada should deny entry to all members of a particular religion? >> i do not support the idea that muslims as a religious group should be denied admission to the united states. >> would you support a law that says that if you are a muslim, you say you are muslim, when we ask you what does that mean to you. that means i've got to kill everybody that's different for me. it's okay to say they can't come. >> i think that would be a prudent decision. >> he said he would not be in support of a registry of muslims paid >> prayed >> this is going from what people heard on the campaign trail to now in terms f governing.

senator sessions, if he is confirmed to be the attorney general is saying no, i'm not for that. i think a lot of people that had heightened worries, and you saw meryl streep the other day at the golden globes. heightened worries and it's not only the incoming administration that is making the pivot from the campaign to governing but the country will be doing so as well in about a week. >> i've got to go back to my initial point. it's garbage. this is a victimizer's quiz show. they have all of these things. they have a person up here and they go are you going to defund planned parenthood? are you going to deport muslims? are you going to, i don't know, put guns in the hands of crazy people? the idea of keeping people terrified. the questioner was talking about the deportation of illegal immigrants and tied it to lgbt folks as if somehow he's going to be deporting gays. if this is a giant hot tub of

victimization. it keeps going. >> if that was the case, i would agree with you. this is a sharad charade. why do we bother paying attention? i think he has a voting record in the senate. he has been opposed to immigration reform, opposed to the violence against women act. he has a real voting record that's a real concern to people. this is why i thought dana's point was on target for there's a difference between campaigning and governing and he says this is how i will govern. i will obey the law. to that extent, i've got to trust him. i say donald trump is our president prayed >> i thought he answer the questions well prayed he did a good job. he didn't have any slip ups. the day has gone extremely well for him/her he was well-prepared, it seems. >> up next, before delivering his farewell speech tonight, some of president obama's

celebrity supporters getting emotional about saying good-bye. details when we come back. you don't let anything keep you sidelined.

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>> as the current president preps for his farewell speech, we know our favorite celebrities will miss him. we know because they need this delightful valentine. >> knocking on the oval office window, i would say that was the peak of my entire existence. >> when he changed all the rules on the table in regards to cuba. with the most succinct motivation imaginable which is what we've been doing hasn't worked, which made all the sense in the world prayed >> when i was at the u.n. and i heard our president say climate change is the most impot issue facing our generation. >> dancing with barack at his

birthday party. he's a good dancer. >> she is right. he could cut a rug. syria, iran, isis. i would say his best move is the chicken dance and obamacare a hustle. don't worry. obama isn't really going away. he can always play a president on tv. he can probably do a great job or at least do less damage great hollywood will miss obama. what will obama miss? it's hard to miss something you didn't see coming or going in the first place. the rise of isis, the spread of islamism flourished under the president. trump represented a movement of dissatisfaction, dissent, unhappiness, division cultivated by years of identity politics and the bullying of intolerable social injustice warriors. after so many accusations of sexism, homophobia, racism,

islamaphobia, police brutality, half of america threw up their hands and said enough. why are we viewed as worse than terrorists? the of identity politics and the changes they brought. how could obama not see that coming? >> that video, did it move you? >> in weird ways, greg. this isn't going to be his farewell speech. he has no intention of leaving. he's going to build his education center and his library. they reached out for donations. he's going to want to fight to protect his legacy. he is going to encourage those who were his followers prayed he has of high popularity rating on a personal level to try to stand up and oppose president-elect'sd agendas. this is just the beginning.

he's going to play into that. he's not going to do with the bush family did when they were no longer in the white house. he's not going to take the high road and left the president govern. i don't think that's going to happen. >> do you think he's going to be writing president trump or do you think he's going to give him some space? >> i think he's going to get involved and have a lot of money behind him and do what he does best, organize. ron paul had the greatest effect and today, the greatest takedown. he said barack obama started with the nobel peace prize and is ending his presidency with the pentagon's distinguished public service medal. sounds about right for a president who bombed seven nations and became the first in u.s. history to be at war every single day of his eight-year administration. that really does hit home. the only president in u.s. history to be at war every day. >> it's a little unfair. >> i don't know. >> i mean, it's true. it's still unfair. >> what do you think he's going to say tonight, dana?

>> every president gets to have a final say. let him have it. what he's going to try to do, winston churchill said he could agree with the industry because he was going to write it. i think president obama will try that. the most frustrating thing for him must be the feelings in the country about the economy because from where he started in january 2009 to where he's leaving, the economy is improved. i don't think he can reconcile the fact that people think the country is going in the wrong direction when in his mind, the numbers look so good. >> v-6, first african-american president. incredibly intelligent, charming. in the end, a a letdown. a big, sad life down for everyone. >> not me. >> worst president in the history of the world. >> is that right? >> i'm kidding. i don't think there will be a worse president since obama.

i think he won the title forever. >> he's got it? at least he's got that one. >> i am thinking that you guys are right. i don't think he's going anywhere. i wonder if dana was struck by the fact that he's not doing this in the oval office, which has become a tradition for an he's going back to chicago. looks like he's establishing a beachhead they are, if you think in terms of war. he's going to go at trump from that beachhead. >> buy bulletproof glass of these living in chicago. >> i am stunned on this point. this guy has led us out of a deep recession. i don't think he gets credit for it. unemployment is down. more people have health care. if you look at the kind of income, median household income, up. stock market up. i guess that is evidence of the partisanship. >> it's the pendulum. eight years, everybody hated bush. eight years, it everyone is

tired of obama. >> this guys numbers are 55%. >> we've got to move on. >> i had a great point. >> write it in your great point journal when you get home. >> you are a jerk. [laughter] >> he loves it varied >> the great point journal by dana perino. bret baier is going to join us to talk about the confirmation hearings. his brand-new book and more. don't go away. (man vo) it was may, when dad forgot

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don't take if allergic to memantine, donepezil, piperidine, or any of the ingredients in namzaric. tell the doctor about any conditions; including heart, lung, bladder, kidney or liver problems, seizures, stomach ulcers, or procedures with anesthesia. serious side effects may occur, including muscle problems if given anesthesia; slow heartbeat, fainting, more stomach acid which may lead to ulcers and bleeding; nausea, vomiting, difficulty urinating, seizures, and worsening of lung problems. most common side effects are headache, diarrhea, dizziness, loss of appetite, and bruising. (woman 2 vo) i don't know what tomorrow will bring but i'm doing what i can. (avo) ask about namzaric today. >> we are ten days away from president barack obama passing the torch to president-elect donald trump. just in time for this historic transition, comes a riveting new book by bret baier, "three days in january: dwight eisenhower's final mission" ." the book focuses on the

importance of bike's farewell address before kennedy took office. bret baier, congratulations. i'm not going to read everything on the back but my pal dana perino who is a book-ophile said there could not be higher praise for your book. we are talking about donald trump. what would ike say to trump? i thought from reading your book that republicans come into office controlling the house and senate. what would ike say to trump? >> work across the aisle quickly because a -- it could go fast. eisenhower lost control of the house and senate in two years. he ended up working with them and passing a major highway bill that created the highway system we have now. but he would say get on it. work with them now.

and also be cautious about the big decisions because you have to have dissenting voices in the room. >> you are a serious guy but here we have greg gutfeld. >> i'm glad you took my advice and changed the title from "killing eisenhower." you don't want any product confusion. i was -- i ask writers when they write a book. as it's almost over or you just sent it off, do you ever wake up in the middle of the night and go, "oh, crap." >> this book starts with president-elect kennedy meeting eisenhower period ends with president-elect trump meeting with president obama. i wrote the ending three months before because of the deadline for books. i have a clinton ending and a trumpet and ending. >> like those books where you get to choose your ending.

>> like the golden egg. >> the second book, i have a title "surviving hillary." >> we don't have a lot of time but the importance of a smooth transition of power. tell us about it. are we experiencing one? >> it started that way. i don't know of its ending that way. president obama wanted to do that. logistically i hear that the agencies are working hard to help trump transition. i think the speech is going to be interesting tonight. eisenhower didn't want to list his accomplishments. it wasn't about him paired we will see what happens tonight. >> what would eisenhower say if he had some time with president obama in terms of preparing these remarks. what would be one of the most important things he would tell him? >> think about america in the future. be optimistic but express what

you've learned. that's what he wanted to do. it took him a year and a half to write this speech. he wanted to send a message that bipartisan was key. >> military-industrial complex, i think so many people, especially people in the 1960s, the antiwar crowd, took that as their banner. in this book, you realize that's not what he was talking about. >> he was talking about influencing lawmakers, the lobbyist, government officials going to companies and the influence that has on policy. he also probably would tell president-elect trump lay off twitter. less is more peer we will see. that could be trump's hidden hand to be on twitter. >> he was a reserved and, i thought, elegant president. this book is terrific. bret baier, congratulations.

be sure to catch a special two hour addition of "special report" tonight and the rest of this week. directly ahead, dana, kimberly. they put on their cowgirl hats for the professional bull riders competition. hold on tight. a special look inside pbr next. when you have digestive sensitivities, life can feel like a never ending search for food that won't cause bloating, gas, or inner turmoil. introducing pronourish. a delicious nutritional drink that makes a great mini meal or snack that has protein and fiber. and pronourish has no gluten or high fructose corn syrup. and is low in fodmap ingredients that can trigger digestive sensitivities. the search is over. new pronourish. nutrition you can feel good about.

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what is the desert? it's absolutely what you need right now. absolutely scottsdale. ♪ >> we have made you wait long enough. here's a package you've been dying to see. country came to new york city when the professional bull riders moved to town to kick off the season. it's one of the most exciting and dangerous sports. ports. we went to madison square garden to take part in the buck off. we gave you a preview yesterday. here's more. kimberly. >> great to be here with you at madison square garden. >> i'm so excited. >> first trip to new york city.

what do you think? >> this is a little overwhelming compared to where i'm from. >> where are you from? >> southeastern montana. these bulls have a job to do and that's buck you off. you've got to be just as mean as they are. >> you are mean? you don't look very mean. tell us a little bit about how big these goals are, how strong they are, and how well they are cared for. >> they can weigh anywhere from 101,500 pounds. they are fed every night just like any other major pet you take care of. >> any favorites? >> this one right here. i got on him and i was 89 points on him. he is a good bull.

>> looks like he's looking at you. >> i bet they have an intuitive sense. >> we are here with the riders. you are quite an amazing guy. you had an accident last year in 2015. >> yes, ma'am, . i came off out of control and landed upside down. i severed the second vertebrae. taking things careful right now. >> you are not cleared. >> not cleared to come back. >> in the meantime, you have a new career. >> presented the opportunity for me to come and be a part of their agency before i was out of my neck brace. gave me a lot of fire and inspiration to recover.

put fresh wind in my lungs great >> you know i couldn't bring you here without a proper outfits. you saw us and our hats. you have the buckle and the boots. all right, k.g. are you ready? >> oh, yeah. ♪ >> we are in the shark tank. >> doing play-by-play tonight

from "the five" ," kimberly guilfoyle and dana perino. ♪ >> [laughs] i love it. >> the goal is eight seconds. >> here we go. oh, my god. tremendous. hey, all right. >> well done. >> that is mad. this is a really mean bull. very aggressive. ♪

>> your first pbr. what do you think? >> once you go pbr shark tank, you never go back. what an experience. ♪ >> yee-haw! [laughs] well, the interview we had with jeff lockwood i'm he's the rookie the year. he won the weekend. >> he ended up being the big winner. i was worried about him. he was nervous, the whole thing.

he owned it. he was fantastic. all the men we met were so lovely, very charming, well mannered. calling us ma'am. >> we blushed. >> it's funny because we met todd eastwood when he was here for the movie "the longest ride." that was his stunt double and did all the writing in the movie. i >> do you wish you had gone with us? >> i think they should do the same thing in reverse where you have a naked man run out into our arena with creature on his back and he's got to have it on for a minimum of eight seconds. >> that sounds like a great idea. >> it's been done. >> juan, what did you think? >> i was worried about the safety of my pals. did the bulls run into your

tank? >> they could. but they didn't come out that far. >> it was pretty scary in there, to be honest. were you scared? >> i wasn't scared. >> grabbing dana. >> these guys are so soft-spoken and mild-mannered and they are so tough. i have seen them thrown up against the wall, thrown on the ground. they are walking back and getting medical treatment for broken bones. you wouldn't know it. >> there were doctors on site. there was a stretcher. one cowboy came by and he asked very politely if he could see a dentist. >> this bull hit his mouth. the thing i like is they have love and appreciation for the

bulls. >> and each other. >> the camaraderie and sportsmanship was lovely. >> thanks for joining us for that segment. stay with us. one more thing is next.

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very nice. today's hero is an 85-year-old texas man credited with saving the lives of two women from a fiery crash this month. he uses a cane to get around but he found the out of control car flipped over. he burst into action, pulling the women out of the car. they dragged them to safety in his garage. the driver was 22 years old. her passenger suffered serious injuries. the firefighter said if it wasn't for his quick thinking of this brave, courageous man, it wouldn't have been a good turnout. blessings and admiration. there is a hero in all of us. even you, greg. >> last wednesday the guy said to me check this out.

there's a painting in the capital. depicts a cop as a pig. i think we were the first ones who said let's get it taken down. lacy clay had it hung. this has gone through some iterations. a congressman took it down. this morning, congressman clay took it -- put it back up. it was taken down. it was put backup. can we agree to take this down? it is offensive to so many people. cops and noncops. >> the president is going to give his farewell address. we were talking about what he might do. spotify has some ideas. there was a tweet by the spotify ceo. barack obama, i hear you are interested in a role at spotify. president of playlists. everybody is getting in on the

good feelings of sending off the president in a nice farewell, giving him something to do. >> that was the worst one more thing ever. >> you are just mean. >> terrible. it was awful. america can agree that was a embarrassment. i am giving up my one more thing in protest of her one more thin thing. juan, i want you to have the remaining one. >> if you are sports fan and fell asleep early last night, take a look at this. >> touchdown! >> one for the books. congratulations to the clemson tigers on an incredible game-winning touchdown. an epic rematch of last year's championship game. this time, clemson won. first national title since 1981 but not the first for coach dabo sweeney. he won when he was playing for

alabama in 1982. >> that's it for us. "special report" is next. >> bret: president-elect trump's pick for attorney general says he is not a racist. and he will not be a "yes" man for his boss. this is "special report" ." good evening. coming to live from fox news world headquarters. welcome to a special two hour episode of "special report." i am bret baier. we begin in washington with the first confirmation hearings for prospective members of president-elect donald trump's cabinet. his pick for attorney general, alabama senator jeff sessions, still answering questions on capitol hill, having spent much of the day explaining