>> hello everyone. i am dana perino with kimberly guilfoyle, juan williams, eric bolling, greg gutfeld. this is "the five" ." republicans have promised to repeal obamacare and now they process is underway. the g.o.p.-controlled senate took the first step toward dismantling the signature law last night, proving the budget measure that sets the effort ann motion. as tonight do true -- as the night due to a close. >> you are stealing health care from americans. i vote no. >> for all those with pre-existing conditions. >> this is cruel and inhumane.

>> the senate is in order. >> health care should not just before the healthy. >> debate is not allowed during a vote. >> the house votes tomorrow. here's speaker paul ryan. >> i have spoken with president-elect trump on this. mike pence was in my office yesterday. we are in sync and we agree we want to make sure we move these things concurrently at the same time, replaced. we need to show that even though this law is collapsing, we can bridge ourselves to a much, much better system. >> you said you have an overarching patch. >> the first time i saw the tape of the protest. the goal of the protest, the hope on the left is that when you are demonized you will lose your nerve. the moment the left because you mean you go, wait a minute, maybe we should keep things the way they are. you have to respond with so wha what.

do not feel guilty about burning this crap to the ground. you have one thing to remember. it was a 2700 page bill. no one read it. they didn't give you the time, the respect to read the bill. you don't owe them the restraint when you destroy this thinker they took your doctor, they took your health care. they took your money. it was a redistribution plan. these politicians spend more time vetting their hotel rooms, checking their many bars, then they did on on the spell. screw them. you should feel no shame burning this bill to the ground. >> okay. that's a good motto and a rallying cry. >> destroy it. >> that was exhilarating. >> i was thinking about it today. we talked about this forever. they didn't read it, so what do we owe them? they didn't read it. >> passed it and then you'll find out what's in it. the idea of bending the cost

curve down didn't happen. he heard a reporter asked paul ryan, are you on the house republican side with a new white house, incoming president not on the same page? talking about repeal and replace the timing of it. what pauline was showing there is that he and mike pence are very close. mike pence was there yesterday. they were going to do something that dick cheney had on the house side, provide an office for the vice president whenever he wants to be there. what he is trying to say is we are in lockstep. we know what we're doing and we have a plan and we are being mature and thoughtful. >> he did that in a great way. he communicated his message effectively, gave specific examples to back it up, president-elect donald trump in the past three days, they are in

step and they are working together. they are communicating, which is what you want them to do, be collaborative and be on the same page so there aren't missteps early on. seems like they are in unison, which i think is a very good sign and you want to have them in a cord moving forward. >> you also have, eric, the fact that when president-elect donald trump said we'll do something on the same day. he said when hhs nominee tom price is confirmed, we will have. i think what they are saying is that in the obamacare bill that nobody read, there's all these things that says the secretary shall. the secretary has the discretion. there are so many things from an administrative standpoint that can be done immediately to help alleviate some of these obamacare problems. >> they need to tackle a couple things. they need to get competition back into it to really bend the cost curve down. there are two issues the

obamacare failed on. it was that in order to make it work insurers had a jack up deductible so high that they were sometimes come in a family, you are paying 10,000 or 15000 out of your own pocket before you even went to the insurer to pay for a single thing. that was the only way to keep their numbers low for the policies pray they need to figure that out by getting more competition, bring prices down. the other way they had to make it work was someone had to finance this whole thing. the people who had to finance i it, elderly people using a lot of assets per young people had to buy it. they realized at some point it was cheaper to take the filing your taxes then divide the insurance and go ahead and pay for your own insurance, and they didn't come out. there were some economic things they need to play with. those are certainly surmountable. drop the state requirements, drop state lines, allow more competition into every single

health care system. >> one of the things the democrats say, like in the protest last night, 20 million people are about to lose their insurance, which i'm told is false. you start the repeal place in motion. the replaced part is in place before anybody loses their insurance. republicans are saying no one is going to fall through the cracks. >> so if they had a plan, i would be interested. >> i have it and i printed it. it's called a better way. i printed it. it's in bullet points. >> let me read something. because they don't want it. >> they don't want the ideas. >> in "the boston globe," it said santa claus, abominable snowman, easter bunny, loch ness monster and the republican party replacement for obamacare. what do these have in common? they don't exist and they never will. he says well, a lot of these

young people they would rather pay the penalty and not be included in obamacare. i never thought i would hear from you a suggestion that we hike the penalty so that they stay in. >> i didn't say that. >> that's the only solution. >> no it isn't. >> let me finish. that's exactly what you said. >> reduce the premiums by offering competition. >> gregory, you are all about nobody read h. nobody read it. no, no, no. one or two people didn't read it and you want to label it. here's the thing. right now the polls are very clear. americans are divided on obamacare. it's like 49% say repeal. 49% they keep it. you know it is more telling? when you ask people whether or not the government should help poor or low income people, seniors, with health care, it's overwhelming. >> no one on the republican side -- who on the republican side is saying that low income -- >> here is the straw man.

>> who says that? >> here is the man who is saying it, donald trump. repeal right now. >> he said he doesn't want anybody to have to lose their health insurance. >> was the response from republicans on capitol hill? we don't have a plan. we need some time. >> you just made something up and you specifically attributed a statement to this president-elect that he never made. no, he did not. >> we need the repeal right now. he says replace right now. >> listen, very clear he doesn't want anyone to fall between the gaps and suffer and not have health care. >> that's what they are working on. >> the requirement to have obamacare doesn't mean people lose their insurance. it means continued to ensure, repeal the mandate that you have to have obamacare is your insurance and work on something in place of that. >> so where is it?

it's been six years. 20 senate republicans in total obstructions that we can do better. six years later. >> that they did pass it on the house. now it is a whole new situation where you have enough votes in the house and senate if everyone stays together. i do think they will try to make it bipartisan. there was a piece called republicans still need to win hearts and minds on obamacare. i don't think that is lost on anybody, greg. we know they have half the country to convince. >> the question is, how do you counter the stereotypical counterpunch as republicans are harming people by taking something away. you have to out-compassion them. you have to say what system has worked with every commodity from technology into food to transportation, the free market. the invisible hand of the free market, free enterprise. >> the status quo. we had the free market before.

>> no, we didn't. that's why the costs went up so high. the reason why it's so expensiv expensive, they have no competition. they will have one or maybe to providing it and there are 67% increases. then we want to penalize other people and make people buy it. this is the whole way, the way this is set up is not sustainable. they won't have the ability to be able to continue to pay for it. >> what i was saying was that previously before obamacare we have a competitive marketplace that eric talked about. what did it do? left so many people without insurance. >> okay. eric. >> repeal the mandate portion of obamacare. leave obamacare as an option and then replace it with something better. competition, a cheaper alternative. >> like where younger people can buy catastrophic insurance and not have deductibles that are impossible for them to be able to use.

>> they said this was going to cost 3 million jobs, cause chaos in the health insurance market and you are cheering. >> we are not cheering. it's going to happen gradually. no one is going to people left out in the cold without medicare or proper treatment. it shouldn't be that hard to sell it because everyone wants better. >> this document i was going to give juan is called "a better way." >> recommended reading with dana. >> that's my people watch the show. confirmation hearings today on the hill for three more nominees. james mattis, dr. ben carson, and mike pompeo. highlights from the hearings when "the five" returns. your insurance company won't replace the full value of your totaled new car. the guy says, "you picked the wrong insurance plan." no, i picked the wrong insurance company. with new car replacement™,

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with sleep number. >> i saw you smile. more confirmation hearings today on the hill for present electrons nominees. general matus, dr. ben carson and congressman mike pompeo faced questions from lawmakers. general mattis for secretary of defense. we will begin with his

testimony. >> we have a long list of times we have tried to engage positively with russia. we have a relatively short list of successes in that regard, and i think right now, the most important thing is that we recognize the reality of what we deal with with mr. putin. we have to deliver a hard blow against isis and the middle east. we've got to have an integrated strategy on this, and it's got to be one that goes after the recruiting in their fundraising as well as delivering a military blow against them in the middle east. when it comes to iran, you sit in terms of the agreement we have, we give our word. is that what you said? >> we did, yes, sir. >> do you think it's a terrible deal? >> it's not a deal i would have signed, certainly. >> i really like this guy. i thought he did fantastic today and i love what he said. we want to make the department of defense the most lethal that it can be. does that tell you absolutely

everything you need to know, eric? >> there are some things that he varied from donald trump on and i think that maybe a lot of people happy. here's our guide. they liked what they heard. can i hold my time and my fire for pompeo? >> before you do, can i ask eric a question? >> such civility. yes, you may. mother may i? >> thank you, mama. if he is not agreeing with donald trump who was the president-elect, then what is mattis doing when he says we have to go after russia. >> rex tillerson, jeff sessions, general mattis say this is what i believe. it doesn't necessarily line up exactly with the president-elect believes but that's what advisors are. that's what cabinet secretaries are supposed to do. >> i think he selected them and the idea is -- >> to his credit.

>> you know you guys are talking about, which is great, substance. if this was a left on left hearing, it would be about gender, sexuality, skin color. these guys are being chosen for experience not for empathy or please the media. it's not for cottle. it is not sentiment when you see these guys and when you hear them talk, they are the bad guys and liberal movies. these are the guys seen as bad guys because they are adults. this is political adult swim. all the children are out of the room. the liberals have gone to bed early and this is what you get to. >> even the kids want to stay up. >> to finish the point, we have people, eric, who don't necessarily -- it's like we are saying he's the president but we have some really smart, experienced people and they will take care of him. they will calm prompt down.

>> to his credit, he picked people who weren't part of the echo chamber. >> dana, i want to ask you about pompeo. let's take a listen to pompeo. he is up for a cia director. >> i can tell you it's going to require a robust american xbox, a security-related response period we have to get better against offending and -- hold these actors accountable. the severity of the responses will be decisions of policymakers that will be beyond me as the director of central intelligence agency. i view my role there as central. >> i have the pleasure to interview him. he was compelling, well prepared, well-spoken. i found him to be the same today. >> the best response has been one or you don't have anyone on

the record. that is the quiet, quiet exuberance, i think i can say, of the intelligence community. they think he will have their back, allow them to do the work they need to do. i think he hit a home run today. >> he was fantastic. >> i don't know mike pompeo. he was asked difficult question questions. these are going to be issues, cybersecurity, metadata. there is 100,000 cyber attacks on us daily. what are we going to do about it? he says we need to put more work in it. he didn't find in what areas. my concern was there were senators on the panel who didn't know what metadata was and didn't understand encryption. that was troublesome. the most ridiculous thing came from a liberal. a brand-new senator, kamala harris. asked mike pompeo about gay

marriage, equal pay, and climate change. this is a spy agency. they are supposed to gather intelligence on bad guys. >> she got on the right committee. >> probably not a good fit. i used to work with her at the san francisco district attorneys office office. >> i feel like when you are watching that, you know you are and save her hands because they think about this stuff. they don't feel and you mentioned the comparison between feeling and thinking. what she wanted was like a tv sitcom or a "west wing" version of a politician but she was faced with the reality able republican who lives in the real world. talk about gender later. we've got a war. we have terror, cyber terror. >> cumulus clouds aren't trying

to kill us? >> climate change isn't an issue, not an issue at all, not an issue. >> for the cia director? >> mattis doesn't have to deal with people -- >> consistent with people. >> those wacky liberals. >> they said climate change is a bigger threat to u.s. national security than isis. >> mike pompeo, he said even after the house intelligence committee said we are done with benghazi. he has no political bone to fight. oh, no. crazy liberals. >> it is crazy to think that climate change takes priority. there is intent to end our civilization. climate change, even a slight increase in celsius, it's beneficial. the computer models are highly inaccurate. >> okay, okay.

>> russians are trying to hack us. iranians want to kill us. isis wants to blow us out of the water. climate change may be an issue but it's not as pressing and urgent as isis. >> i see. i will leave it alone. we report. you decide. >> juan, are you making a commercial. >> write a letter to your editor if you're upset about climate change but don't bring it up to the cia director. >> just getting started. you can run. you can hide. they are going to get you. buzzfeed's embattled editor-in-chief defends his organization. here the flimsy excuse when "the five" returns. healthy enough for sex. do not take cialis if you take nitrates for chest pain, or adempas® for pulmonary hypertension, as this may cause an unsafe drop in blood pressure.

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>> buzzfeed han joe ben smith

defends publishing the opposition research on donald trump thing it's all about transparency. >> you would save your audience we are keeping things from you. we have secrets we are not telling you but you should trust us. i think you could say that was a good era, bad air out. not the present day. people love to throw the term fake news around to diminish anything they don't like. this was a real story about a real document that was really being passed around between the top officials of the country. then you say it's okay for you to see this document, okay for john mccain, the cia. why is it not okay for your audience? >> that is not the real capitol. his defense was since reporters and politicians can see the document, why can't you? even if what you are withholding happens to be false. translation: somebody told me i lie about you but i'm going to spread it anyway because of i

don't i would be dishonest. it is b.s. you know it has nothing to do with transparency. it's about clicks. getting eyeballs, selling ads. it's because of trump. could you imagine anyone running that stuff about president obama? hell no. trump has pushed innuendo and remember how helpful the "national enquirer" was to him for reelection. maybe he's learned something from this. we all have a duty to place information in context and facts. i expect that from the press and the president. by running this russian stuff, buzzfeed enhances the chaos shown already by so much disinformation. these days, thanks to a relentless overload from all sides, facts get locked in fiction and no one provides backup to their feverish fantasies. weak minds demand you prove them wrong. meanwhile, putin wins again without even trying.

kimberly, you are a lawyer. >> what kind of trouble are you in this week? >> i have some pictures i need to show you after the show. >> that will give you trouble. >> i was drugged. >> sued out of business over the hulk hogan thing. is it possible what buzzfeed did, are they in trouble for this? >> i would be very worried. the bottom line is, if they went ahead and willingly published information that they knew and intentionally was false, yeah. they are in trouble. you can't get anything more damaging than the allegations that were proved to be false and the fact of the matter is they went ahead and did it anyway. why? try and generate business with themselves? in a deliberate effort to undermine the impending presidency of donald trump. they've been trying to delegitimize it, create problems. this was a last attempt. he did a mask masterful job of

turning the tables on his tormentors the people who try to take him out. the problem is, there is a suggestion, catherine herridge reported, of collusion even going directly to the white house. this is a big problem. >> era, could you imagine anyone running this if it was president obama? >> ben smith, the editor-in-chief said this is fake news. these allegations aren't provable but we are going to run it. that is the legal hook they have. >> you must be proud of the $400 million you dropped into that company in the last two years. >> put the p in peacock. >> my guess is they are going to pull back. i think they were struggling financially. that is going to be the death knell for them. >> dana, i'm going to keep asking for . they never would have done this to obama or hillary. >> they wouldn't have.

remember, many reporters have this for many months and they didn't do it either? i think we are painting with a broad brush the media. it was buzzfeed that was the exception. a document like this had been within the wikileaks stuff and podesta email that around, what would we think? >> good points. >> my point journal. >> here's the bad point on this. there's a reason buzzfeed ran that on the reason is the intelligence agencies in fact did included in the briefing for the president obama and the president-elect. >> it was opposition research. >> they gave it sufficient credibility from this former british spy. said this is such explosive material, we think you have to know something about it. i was proud of you, gregory,

trump was the man you said, with birtherism. this is a whole different cloth. easy to dump on buzzfeed. and then we see dumping on cnn. people come back and say there is some legitimacy. this really exists. >> if you know that michael cohen is not that michael cohen, calls into question everything. anybody could say there is 100,000 michael cohens on the globe. >> they want to say it is so bad. >> he's never been to prague or russia. >> other establishments would never print fat. print fat >> liar, liar, buzzfeed on fire. juan, you are getting a hard wrap.

stay right there.

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>> welcome back. time for... the fastest 7 minutes on television. first up, this happened. in an attempt to play at one-upsmanship, lindsey graham called for tougher sanctions against the russians pray . didn't sit well with the president-elect who has made it clear he will handle the russians when he takes office. >> lindsey graham, i have been competing with him for a long time. he is going to crack that 1% barrier one day. i didn't realize lindsey graham is still at it.

it's all right. i think he's a nice guy, actually. i've heard he's a nice guy. >> i think i'm a nice guy too. donald, you are the president. i am a senator. i want to help you. let it go. let's move on. we're going to make america great again. >> it's good. it's fine. you saw the president-elect take a moment and say i hear he's a nice guy. made a mention with a little tone from the campaign and turned it into a positive. and then you saw the response. that is getting along. >> it was over lindsey graham and john mccain, suggesting that the senate ups sanctions even now. >> there are three branches of government. >> wait a second. >> i read it. >> come anna. >> there's always a tussle between the branches.

the constitution we use to wave around. >> where is that? oh! >> if i were donald trump, i would take lindsay grandma bonnets. to go greg, your thoughts. >> they have a lot in common. they are both wise asses. trump has a lot of supporters. good to have arrival who will talk to you. there are plenty of people who will tell trump he wants to hear. lindsey graham provides a service. >> at least we didn't give out his phone number. i think there is a substantive argument that has to be -- that is to be had. we are talking about a nonexistent rivalry. >> president electronic has promised from day one that we will build a wall. in mexico will pay for it. the mexican president begs to differ.

>> [speaking spanish] >> personally i'm a big fan of his and i spend a lot of time in mexico. i think this wall will be paid for in pesos, not dollars. >> i think americans should build it and pay for it. they should want to be part of history. wouldn't you like to tell your grandkids, that segment, i did it. or turn it into an exercise vacation. people go on fitness cruises. it's called the "build a wall" cruise. a lot of people go on these weird cruises. i think this would be fun for the family. >> you would be so scary on a cruise. all neurotic. >> i hate cruises. >> he would be like the

epicenter patient zero of a neural virus. -- norovirus. >> i don't think he's going to change his mind. >> the last time i heard, the mexican said it would be a monument to racism. >> it could be a monument, a great monument. >> finally, this. >> hang on a minutes. youtube delaying their album release -- u2 delaying their album release. >> i am in negotiations with bono. >> talked to "rolling stone" magazine. >> what can i tell you. they are great guys. they do a lot of wonderful work in the world. they've got to come around. >> i i wish it was red-hot chili

peppers. this is an excuse. it's like we've just decided not to work because of trump. i think it might be something else. maybe they didn't like the songs are the sound the album. they are taking time off to work on the record. don't blame trump. >> by the way, a meeting after trump tower with him, they would be singing a different tune. >> i really don't have anything on this. i didn't understand, they don't really give a reason. i think it's probably because they didn't like the album. it's not good enough. >> the video looked great. >> they said, dana, that the songs and words would resonate differently and a world that's driven by the brexit and the election of donald trump. >> i don't take it as a negative. >> i bet they didn't like it. it's like i'm not going to work

because trump won. >> maybe it's because -- they still haven't found what they are looking for. >> or it is the darn book deal you signed just in case hillary was the president. democrats have accused jim comey of costing hillary clinton the election. the justice department watchdog is investigating. just like the people who own them, every business is different. but every one of those businesses will need legal help as they age and grow. whether it be help starting your business, vendor contracts or employment agreements. legalzoom's network of attorneys can help you every step of the way so you can focus on what you do. we'll handle the legal stuff that comes up along the way. legalzoom. legal help is here.

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absolutely scottsdale. >> after hillary clinton lost the election, she directed blame and fbi director james comey for his letter to congress which she thinks derailed her presidential bid. the letter informed lawmakers about a renewed investigation 11 days before the vote. clinton ended up being cleared. the justice department inspector general is investigating whether comey followed appropriate policy and procedures. what do you make of this, kj? is it possible that comey meets his end? 's because i don't know if i like that term. i think it's not a good situation that he finds himself

in. ultimately i think he's going to be able to manage to escape. >> is a complicated, eric, by the fact that he didn't disclose anything about the dossier of unsubstantiated information about trump but he did disclose unsubstantiated information about clinton. >> here's the altitude take away. the intel department is in the news and on the news, making the news almost every day right now. aside from the stuff from yesterday with the dossier, this morning, clapper klapper comesd talks about this explanation. today we have the doj investigating, inspector general investigating the fbi. we want them undercover. we want to know with her actions are purely wanted secret. i think we do want that. i don't want them on the news every day. >> comey got involved in an

election. >> do you want to add something? maybe they can investigate why the assistant attorney general gave a heads up email to john podesta that there was an impending hearing coming and hillary clinton's emails may come up. >> that's part of it. >> dana, when you look at this do you think yourself there's been trouble ahead? you think two years from now we will hear about this and it gets pushed onto the carpet? >> i worked at doj for a while. i don't think this is that big of a deal. it sounds explosive but i think they were -- they felt like they were pushed into it. the chairman and ranking members of the congressional oversight committee for you had republicans and democrats asking for this along with, as he says, various organizations in the office of inspector general said okay. we will take a look at it. i don't think they wanted to but they felt compelled to. >> what derailed her election, i would say that comey was one

item in that grocery bag of things in the express lane of loss. there was the candidate herself, dissent among the american public, her arrogance, bernie sanders, her arrogance, her voice, her arrogance, her being aloof, her laziness. she didn't even campaign because she thought she hadn't won. and anthony weiner and trump. >> i was going to say, how about the russians? >> so many things contributed to her loss. if comey wasn't in there, something else would have fallen in place. >> is not an excuse for comey? i don't think so. one more thing up next.

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>> it is time for one more thing. juan goes first. >> emotional scene at the white house today. tuesday, president obama said joe biden and he were like brothers. today he surprised him. >> the final time as president, i am pleased to award our nation's highest civilian honor, the presidential medal of freedom. [applause] >> joe joe biden got emotional. watch this. >> i don't deserve this, but i

know it came from the presidents heart. >> mr. vice president, let me say from all of us at "the five," you deserved it. >> it's unusual for a vice president to go out with this much popularity and ground well supports. >> we all agree with that. >> we love him. what a great guy. >> update on this, the gross, disgusting painting that depicts law enforcement officers as pigs. representative lacy clay had this to say. >> on december 30th, mr. eric bolling of fox news began a campaign to have this students winning artwork removed. i will fight to defend this young man's right to express himself because his artwork is true for him, and he is entitled

to that protection under the law. >> paul ryan said artwork should not be sensationalistic for it he wants to get it down. congressman ryan, if you get it down, i will buy that painting from the artist. >> all right, kimberly. >> okay, fantastic. let's talk about sugar. last night on o'reilly, he gave in the tip of the day, talking about sugar. i have had conversations with him. there's a book by my friend called "zero sugar diet" everybody wants a lean, tight stomach. this is a great book and it's important. i tried to do this with my son, that you don't have too much

sugar in your life. this is something that i think is going to work well for peopl people. panelists were losing up to a pound a day on the zero sugar diet plan. i have it on my facebook and twitter. check it out. >> is this an attack on dentistry? people stop eating sugar, there will be no dentists. stick i dated a dentist. i have good teeth for a dentist like me. >> i was trying to get to the point were you admitted dating a dentist. >> you get to go next. >> greg's disgusting news. all right, if you have any children in the room, i would advise you, have them leave now. this is so disgusting it will make them sick, deeply offensiv offensive. the topic is the portland zoo. it was the first snow of the year in portland. that's out polar bear, dana. this happens to be a seal, not the navy kind, kimberly. hands off.

>> why is this disgusting? >> makes me sick that these animals are having so much fun in the snow. >> but i felt there was climate change. >> well done. we do bring it around. >> mind is from "time" magazine paired i encourage everyone to check this feature out. they asked 12 white house photographers to reflect on their favorite pictures with the president. they have a nice write up. this is ronald reagan cracking up with several people. walter cronkite is there. george h.w. bush as well. that was diana walker's favorite picture. all the presidents well, 12 pictures. this is george h.w. bush and barbara bush with all the grandkids. that was taken by david valdes. eric draper, the photographer for the white house for eight years for george w. bush took this. he said it was his favorite one. this is one of my favorites as well. pete souza of the white house, the little boy asked if he could feel his hair.

>> always bowing. >> he wanted to do the bowing joke. >> why would you ever miss an episode of this show? recorded every day. that's it for us. >> bret: president-elect donald trump's pick to run the pentagon shows he's anything but soft on russia. accusing vladimir putin of trying to break up nato. this is "special report" ." good evening paired welcome to another special two hour edition of "special report." we are coming to live tonight from the villages near orlando, florida. it's a gorgeous night, as you can see here. i am bret baier. we begin tonight with questions and concerns over the incoming trump administration's relationship with and attitude toward russia. a flurry of questions on that topic on capitol hill.