are part of the real world, whatever that means. what does this former reagan confidant, senator phil gramm, think republican should do differently? he is with us tomorrow at 4:00 p.m. we will see you then. >> dana: i'm dana perino with kimberly guilfoyle, juan williams, jesse watters, and kennedy. it's 5:00 in new york city and this is "the five" ." >> we are getting close to health care. it will come up in the early to mid part of next year. i think we have the votes. we feel confident we have the votes. i would like to see it done this year. if we get it done, it's a great achievement. don't forget. it took years for the reagan administration to get taxes done. i've been here for a little more than nine months. we need a wall in this country.

you know it. we know it. everybody knows it. we have to have a wall. >> dana: this afternoon, the president holding an impromptu press conference with mitch mcconnell taking about 40 questions in 30 minutes. mr. trump insisting he will get through his agenda. he and the set of majority leader mitch mcconnell spoke to reporters in the rose garden after their white house meeting. insisting there is no bad blood following some contentious moments between them after the g.o.p. failed to pass an obamacare repeal. >> our relationship with this gentleman is outstanding. has been outstanding. we are working very hard to get the tax cuts. we will continue to work hard to get the health care completed. i'm going to be surprising some people with an economic development bill later on but i haven't even told mitch because i want to focus on tax cuts and some other things right now. >> we have the same agenda. we have been friends and acquaintances for a long time. we talk frequently. we don't give you a readout

every time we have a conversation but frequently we talk on the weekends or about the issues before us. contrary to what some of you may have reported, we are together totally on this agenda to move america forward. >> dana: jesse, that was some very serious public display of affection between the president and the majority leader. saying they do get along and that they have an agenda and they are -- maybe they are going to praise in public and criticize in private. >> jesse: they are best friends for now until mcconnell blows it and trump sets him on fire but symbolically it was a show forc force. showing they are together and united. they are showing the democrats they are united, strong, they have the majority and they are going to keep the majority. this is also a rallying cry for the republicans, leading to get in gear or else they are going to be toast in the midterms.

it really shows the media totally under control. he's got this. you can tell trump is in midseason form by how crisp the hand gestures are paired with eric crist an energetic and he takes lots of questions, you know he's feeling good about himself. i think he played the hits. he bragged about the electoral college victory. he dared hillary to run again. he took credit for the great stock market. the only thing we didn't get was a nickname for mcconnell. i think he is a closer. the president is a fourth-quarter guy. it's crunch time. he knows it. the year is almost up. he is all in on tax reform. he is going to punt daca, may be going to punt the border funding. but he has to get tax reform done or it's over. >> dana: unlike some white house press briefings were the same question is asked over and over again, there wasn't necessarily in order to the

conference. i like it for how chaotic it seemed on the press' side. he covered a whole range of topics. he said he's going to have an economic develop and plan. he said they have the votes for health care reform but they are going to wait a while. they talked about cuba. the tax reform piece. also was able to talk about the fact that he will have an opiate opiate -- waiting on the national emergency for opiate addiction. he says these things take time so everybody has been asking where my paperwork is. takes time for the government to do that. i don't really know what midseason fighting form is but i think i get the jest. >> juan: this reminds me of what happened on friday when the chief of staff john kelly was sent out. now we have mitch mcconnell sent out. a lot of this is about what's going on behind the scenes which as there is a civil war raging.

steve bannon, the president's former top political advisor, said he's got a war on the g.o.p. establishment. what does he mean by that? talking about congress, saying congress is made up of established republicans who are not backing this president, and he wants their support. and therefore bannon is going about trying to throw out republicans he considers insufficiently trump backers. you got that and you've got the president at war with a leading member of the senate, bob corke corker. that hasn't stopped. that went out over the weekend, dana. you have the president saying don't pay any attention to these people. it's not true what bob corker says is crazy. not one member of the senate, including mitch mcconnell, say anything different. >> dana: kimberly, bob corker is working with tom cotton on the iran deal. perhaps there's a lot, i don't know, the relationship intrigue

is masking some actual work that's happening behind the scenes. i'm not positive. >> kimberly: it's a significant point when you see someone like tom cotton, widely respected in the area of foreign policy. has been a very strong, vocal opponent against the iran deal, saying it wasn't appropriate, wasn't a good deal. corker is working with him. that's what you want to see, not just a tweet storm. >> dana: cotton is working with corker to make it happen. >> kimberly: i think that's very good. it is more indicative of what's going on then perhaps tweets here and there. i think this is a unique opportunity, kind of reset the relationship between mcconnell and the president. nothing will make it more believable than someone's on the board. they need to get tax cuts. they do need to have a budget that fully funds the military because we are not in the best position since the obama years in terms of fully funding and being combat ready. all these things are important. republicans need to pick up

three or four seats in the senate so they can continue to get legislation through so the president won't have this problem every time getting through his agenda. it's been a little bit of a slow start, get the training wheels off and i'll have to push it through. >> dana: before we talk about the whole bannon movement, i want to capitalize on this because kennedy, i know you've been covering this on your show. this is senator graham talking about the republicans needing to get tax reform done. >> mitch mcconnell is not our problem. our problem is that we promised to repeal and replace obamacare and we failed. we promised to cut taxes and we have yet to do it. if we are successful, mitch mcconnell is fine. if we don't, we are all in trouble. >> dana: i'm not sure i believe -- even if tax reform were to fail, that all of that all of a sudden they're going to try to elect democrats because they think their economic condition would be better. >> kennedy: i think what steve bannon is hoping is that they

elect different kinds of republicans. steve bannon sees it, the republican party has to change. mitch mcconnell and others in washington being happy being complacent in making excuses that congress can't be put on a timeline with excessive expectations. if you look at mitch mcconnell today, he looked like a hostage. by steve bannon who is going after him in direct terms. bannon on hannity, the values voters summit is naming mitch mcconnell and people in line with mcconnell, they are the ones whose heads are on the chopping block. the president has been tweeting at the senate majority leader but that he is standing next to the president saying we are best friends. mitch mcconnell has to be very emotional and confused today, trying to figure out who are his friends. who are his enemies? i think lindsey graham brings it into focus. the point is, don't be distracted by social media or

operatives who are no longer in the white house. do your job. pass the bills. do your work. leave the senate republicans and get something done for the voters who put you there. >> dana: >> it's the season of war against a g.o.p. establishment. we need to move with urgency. the president of the united states deserves respect and support. you can come to a microphone and say i'm not going to vote for mitch mcconnell for majority leader. >> steve has been a friend of mine. i like him a lot. he's doing what he thinks is the right thing. some people he may be looking at, i'm going to see if we talk him out of that because frankly they are good people. >> my goal as a leader of the republican party is to keep the senate majority. the way you do that is not complicated. you have to nominate people who can actually win because winners

make policy and losers go home. that's my approach. that's the way you keep a governing majority. >> dana: jesse, i imagine mitch mcconnell spent a lot of time at lunch explaining his position. >> jesse: i'm not a big fan of mitch mcconnell but i thought that statement was dead on. winners are in the senate and losers go home. what he rattle off when he talked about the losing candidates the republicans nominated? sharon angle, todd aiken. o'donnell. they are flamethrowers and they burst on the scene through the primaries by the help of the grassroots and they get shredded at the general. where is your senate seat? the democrats have it. you don't want to cut your nose off to spite your face. he is saying he wants to stay in the majority and i don't mind bannon trying to primary guys. if you are going to primary people, primaried the people that sunk obamacare repeal. it >> juan: that is not the

case with luther strange. >> jesse: i understand that. that's the fight republicans are going to have to make and i am worried about them spending boatloads of dope on races and seats that don't matter. republicans have an opportunity for a little wiggle room. you could lose rand paul or lose ted cruz. and still have the slim majority of 51 votes. right now they don't have that opportunity. >> juan: one of the things bannon set over the weekend as we are cutting off your oxygen, mitch mcconnell. what he meant is we are going after republican donors who are not satisfied that the republican senate has not advanced the legislation. they are not particularly wedded to a trump, although bannon's. they want progress. they want to see something on the republican nomination of the house and senate. the idea that you go to mitch mcconnell said his job is to keep the republican majority in sam cutting off your oxygen, that's an existential swipe.

>> dana: will be interesting to see if president trump can bridge these two worlds. can he keep the bannons happy and the mcconnells happy? that's the toughest part. >> kimberly: bannon is going to run his game. he's nato's list of who he thinks needs to go. even if mcconnell took up this, he's probably going to try to take him and others out. we've seen what happens when bannon has an idea that's in accord with the president, i.e. luther strange, he's going to go his way. >> dana: we are going to keep talking about this throughout the week but we are going to move on. he deserted his platoon, betrayed his country but bowe bergdahl blames president trump for his admission of guilt today. here y from bergdahl himself. kyle, we talked about this. there's no monsters. but you said they'd be watching us all the time.

no, no. no, honey, we meant that progressive would be protecting us 24/7. we just bundled home and auto and saved money. that's nothing to be afraid of. -but -- -good night, kyle. [ switch clicks, door closes ] ♪ i told you i was just checking the wiring in here, kyle. he's never like this. i think something's going on at school. -[ sighs ] -he's not engaging. but prevagen helps your brain gwith an ingredient originally discovered... in jellyfish. in clinical trials, prevagen has been shown to improve short-term memory. prevagen. the name to remember. what maheart-healthyle salad the california walnuts.ver?

the best simple pasta ever? california walnuts. the best simple dinner ever? great tasting, heart-healthy california walnuts. so simple, so good. get the recipes at walnuts.org.

♪ >> kimberly: three years ago president obama celebrated his decision to swap five islamic terrorists for a u.s. army deserter. today bowe bergdahl pleaded guilty to charges he endangered his comrades by abandoning his post. president trump, like a lot of other americans, was livid about the bergdahl trade and expressed

it frequently on the campaign trail. >> i get tired of watching sergeant bergdahl deal. we get a traitor, they get five killers. we get sergeant bergdahl, a dirty, rotten traitor. six people died going after him. six people died going after sergeant bergdahl. we get bergdahl. our president doesn't have a clue. he's a bad negotiator. he's the one who did bergdahl. we get bergdahl, they get five killer terrorists everybody wanted over there. >> kimberly: bergdahl is a traitor but he blames president trump for his guilty plea, claiming he would have never gotten a fair trial. >> me as well go back to kangaroo courts and lynch mobs. the people who are to the point of saying just shoot him, you can ever convince those people to change their mind. >> kimberly: he had back allegations he wanted to join

the taliban, calling the accusation insulting. three years ago, jesse, i remember covering this story. people are seeing that justice was served, although the sentencing remains. >> jesse: i'm glad we got bergdahl back but obama lied about it and then blew the swap. rice said he served with honor and distention. that was a lie. then we get one guy back for five taliban commanders. it's kind of like the iran deal. the president got snookered. where are these five taliban commanders? we are supposed to be watching them? i don't believe that is the case. they are all missing somewhere. they are probably back on the battlefield. >> dana: three of them tried to reconnect with the taliban. >> jesse: that sounds about right for an obama deal. abc says two men were injured searching for bergdahl. reports were up to five men died as a result of the search for bergdahl. the father, remember that press

conference? he was speaking arabic and the rose garden. that was weird. the platoon was very upset. they were on megyn kelly's show and said this guy was not a hero. hero. he converted to islam and he was not going out to tell a u.s. commander that the lack of discipline in his platoon was worrisome. that was a lie. they said he wants to try to talk to the taliban. that was probably a defense tactic for p.r. reasons. to be honest, i went to idaho and investigated some of the neighbors and friends. that guy is a naive kid. kind of a lost in the woods, pie-in-the-sky dreamer. i don't think he had evil intentions but i think what he did, he deserted and i think he deserves justice. >> kimberly: kennedy, he said he tried 12 or 15 times to escape and he was put back in. he was kept in a dark cave like thing. where is justice here? is it going to be in the form of

an increased sentence? some say being housed in the taliban in prison for five years should be justice enough and having the felony conviction. >> kennedy: i am going to interview judge napolitano on my show tonight and i agree. i wish there were a trial because i think there are a lot of questions that remain and questions around the circumstances of his desertion. if you are accused of these horrific acts, and those acts leading to the death or injury of people you served with, if you felt you were innocent, why would you copped a plea and if you felt you were innocent, and there was so much writing on the verdict and so many powerful forces against you, why wouldn't you take the opportunity to stand up for yourself. that's why i don't buy his ds interview. i think he might have a screw loose. i think this guy might be mentally unstable from the get-go. maybe he should have been weeded

out of the process before but unfortunately with people like that, sometimes it's too late to before you realize the full extent of their mental impairment. having said that, i wish he had more answers and i wish we knew what led to some of the statements by susan rice. >> kimberly: he have the opportunity to go for a trial and he opted to go in front of a military judge, take the plea, take his chances. he was thinking maybe in the interest of getting a reduced sentence. >> dana: i imagine that's what his lawyers recommended any probably trusted them. general jack keane talked about how the military had kind of screwed this up because they had not -- he could understand how, when i got to president obama, the information was not complet complete. did they embellish? possibly. at this point, the whole episode has made it more difficult for the united states in negotiations to get hostages back from other hostile entities.

there is a real consequence. regardless of the justice, there's ongoing consequences. >> kimberly: jack keane is the best. >> juan: i don't understand why conservatives take to light beating of a member of the u.s. military. >> kimberly: he is a committed -- >> juan: top commanders recommended there not be punishment for bowe bergdahl. of course that was reversed and now he's back in the trial situation. but remember, this is the military was said that. secondly, what did we hear from bergdahl? he was in a cage, held in a cage for four to five years, tried to escape twice. by the military's own account, he was badly tortured, like the torture people went through in terms of pows during vietnam. bergdahl says he was not deserting. he says he was going off to talk to a commander about the failures, lack of discipline inside his own platoon.

that's what would've been interesting to hear at a trial. this kind of presumptive, oh, he's a bad man. he's a traitor. i would say let the military talk about bergdahl. what we've heard is less condemnation from the military then we've heard from conservative commentators who are looking to lash out at bowe bergdahl. i don't see why people are leaving somehow like he is there bad boy. you're just going to beat him up. >> kimberly: because he's a criminal and a deserter and he caused people to be injured. >> juan: he's not a deserter, he says. >> kimberly: in the records from the court and the pretrial rulings. he says president trump, he can't get a fair trial. >> jesse: he was campaigning. he wasn't president. >> juan: he said the man who is now president, the

commander-in-chief said bowe bergdahl should be shot. >> jesse: obama waited on so many cases. he did the exact same thing. obama was president then. >> kennedy: what about the five taliban members who were exchanged for him? how many deaths where they are responsible for? >> juan: or we send our men and women out to fight we have an obligation to bring them home. >> kennedy: unless they are in benghazi. >> juan: i don't care where they are. >> kimberly: he has been brought home. it >> kennedy: rescuing people in danger. >> kimberly: he's been brought home and i was going to serve justice and pay for what he did and that's why the judge allowed all the evidence admissible, all the people injured, including british soldiers. jimmy kimmel may have alienated republican viewers with his show. hear from him next. look at this...

a silicon valley server farm. the vault to man's greatest wonders... selfies, cat videos and winking emojis. speaking of tech wonders, with the geico app you can get roadside assistance, digital id cards... or even file a claim. do that.. yeah, yeah that should work. it's not happening... just try again. uh, i think i found your problem. thanks. hmm... the award-winning geico app. download it today. if you have moderate to severe plaque psoriasis,... ...isn't it time to let the real you shine through? maybe it's time for otezla (apremilast). otezla is not an injection or a cream. it's a pill that treats plaque psoriasis differently. with otezla, 75% clearer skin is achievable after just 4 months,... ...with reduced redness,... ...thickness, and scaliness of plaques. and the otezla prescribing information has... ...no requirement for routine lab monitoring. don't use if you're allergic to otezla.

otezla may cause severe diarrhea, nausea, or vomiting. tell your doctor if these occur. otezla is associated with an increased... ...risk of depression. tell your doctor if you have... ...a history of depression... ...or suicidal thoughts,... ...or if these feelings develop. some people taking otezla... ...reported weight loss. your doctor should monitor your weight and may stop treatment. other side effects include upper... ...respiratory tract infection and headache. tell your doctor about all the medicines you take... ...and if you're pregnant or planning to be. ask your dermatologist about otezla today. otezla. show more of you. ♪ (woman) and my brother ray and i started startsearching for answers.ords. (vo) when it's time to navigate in-home care, follow that bright star. because brightstar care earns the same accreditation as the best hospitals. and brightstar care means an rn will customize a plan that evolves with mom's changing needs. (woman) because dad made us promise we'd keep mom at home. (vo) call 844-4-brightstar for your free home care planning guide.

♪ it's not just a car, it's your daily treat. ♪ go ahead, spoil yourself. the es and es hybrid. experience amazing. today, a focus on innovation in the southern tier is helping build the new new york. starting with advanced manufacturing that brings big ideas to life. and cutting-edge transportation development to connect those ideas to the world. along with urban redevelopment projects worthy of the world's top talent. all across new york state, we're building the new new york. to grow your business with us in new york state visit esd.ny.gov.

to grow your business with us in new york state yeah, i got some financialbody guidance a while ago. how'd that go? he kept spelling my name with an 'i' but it's bryan with a 'y.' yeah, since birth. that drives me crazy. yes. it's on all your email. yes. they should know this? yeah. the guy was my brother-in-law. that's ridiculous. well, i happen to know some people. do they listen? what? they're amazing listeners. nice. guidance from professionals who take their time to get to know you.

♪ >> jesse: jimmy kimmel has lost a solid chunk of his audience with his frequent political rants on health care and gun control. he doesn't regret turning off conservative viewers. >> three years ago, i was equally liked by republicans and democrats. the republican numbers went way down, like 30% or whatever. as a talk show host, that's not ideal but i would do it again in a heartbeat. speaker you don't mind if republicans turn off your show? >> i won't say i don't mind. i want everyone with the television to watch the show but if they are so turned off by my opinion on health care and gun violence, then... i don't know. i probably won't want to have a conversation with them anyway.

>> good riddance? >> not good riddance. but britain's riddance. >> kimberly: he used to be my favorite. i am breaking up with them. >> jesse: you don't want to be the jemele hill of late-night and and alienate your audience. >> kimberly: i find him to be a person of good humor and i thought it was a little bit unsportsmanlike. let people have their opinions, welcome everyone. express the diversity of ideas of thoughts and jokes and hope you'll give my show a chance. something nice. i would have preferred it. >> jesse: juan, his ratings. i think he is currently third. jimmy fallon is two. stephen colbert has rocketed to number one. where is jimmy kimmel going to be if he is left of center? >> juan: it didn't hurt

colbert. i was looking at the numbers. he is up year-over-year. he keeps getting bigger with the demographic. he speaks out on health care and speaks about it in a very emotive way. conservative critics that he's too emotional. he's not anything to do with substance. then he speaks out about the gun-control issue after las vegas. saying he's too emotional. he's too emotional. we shouldn't be discussing it. this shouldn't be stuff that a late-night comedian has any input on. then who? conservatives want people to shut up? i don't get it. >> jesse: he spoke out on guns and health care. weinstein came around and said nothing and got hammered for it, saying where are you now, jimmy? >> dana: it sort of like with hillary clinton. she was willing to speak out on these issues and then waited

several days because they were friends and they had the past relationship. he took a risk. his boss told "the new york times" the show is to entertain. i think he should be careful. sort of a gentle, let's try to keep as much audiences we can. late-night shows don't do poorly if they go after president trump. that has been working for several of them. >> jesse: it's a fact. you think he's just keeping it real and he doesn't mind taking a hit with the ratings? >> kennedy: i think he is in a bubble and he only wants to talk to the people who agree with hi him. the country is a lot more than new york and l.a. you also have to be funny. the thing about colbert's he is better at satire. he did a show in character for years. jimmy kimmel isn't quite as adept. "saturday night live," a lot is forgiven ideologically from conservatives if they actually laugh about stuff. if you slap half your audience, you have to be careful. in this political environment, they may not come back to you.

>> jesse: colin kaepernick won't go away without a fight. he is taking on the nfl. up next. udential asked these co: how much money do you think you'll need in retirement? then we found out how many years that money would last them. how long do you think we'll keep -- oooooohhh! you stopped! you're gonna leave me back here at year 9? how did this happen? it turned out, a lot of people fell short, of even the average length of retirement. we have to think about not when we expect to live to, but when we could live to. let's plan for income that lasts all our years in retirement. prudential. bring your challenges.

booking a flight doesn't have to be expensive. just go to priceline. it's the best place to book a flight a few days before my trip and still save up to 40%. just tap and go... for the best savings on flights, go to priceline.

♪ >> juan: colin kaepernick has been unemployed since march after leaving the 49ers after a season of political protest on the field. he has filed a grievance against the nfl owners claiming they are colluding to keep him out of work. his lawyer also suggests president trump is to blame for the "provocations." the filings demanded arbitration hearing on the matter. does kaepernick have a case? we go to our football expert, dana perino. >> dana: i thought you were going to the legal and football expert. i was surprised when they said collusion that they didn't blame

the russians as well. i have to assume if this guy was really good he would be on a team. >> juan: that's not the case. he is good enough by everybody's measure to be a backup quarterback. >> kimberly: he brought the 49ers down. a football dynasty dragged down. i'm telling you i don't think he was very good. he wasn't a closer. he didn't put up wins. i think he had decent talent. he's not a star. he's not like a montana or steve young, not eight peyton manning, not even an eli manning. >> dana: [laughs] >> kimberly: i could go on and on. >> kennedy: he is not even chelsea manning. >> juan: according to all the football experts, he should definitely have a job or starter. >> kennedy: he doesn't want to be a backup. he wants to be a starter. this is what i like about private enterprise. if you don't want to hire someone, you don't have to. it doesn't mean the nfl owners

are mean girls that they are talking about you behind your back. they get a third of the people to see ucla and usc. this is an nfl franchise the city has been begging for and the fans are not engaged and they are losing interest. i think that's what the owners are paying attention to. it's not necessarily the president. the trumpet supporters came out after the president's comments, ownership fire the sop players and they said no, you don't tell us what to do. now they are meeting tomorrow to figure out what to do. but i think if colin kaepernick chews up that much oxygen and space in the conversation, you don't have any obligation to hire someone who is a so-so quarterback. >> juan: let's take a look at hillary clinton's take. >> you have to resist what very

clear what we call dog whistles. that's what the black athletes kneeling was about. it wasn't against the anthem or the flag. that was actually -- kneeling is a reverent position. it was to demonstrate in a peaceful way against racism and injustice in our criminal system. i think it would be a great gre error for democrats to reseed from those fights. we have to stand up, fight back, resist. >> juan: to give you the full polarized flavor, here is donald trump today. >> plenty of time to do knees and lots of other things. when you take a knee, that's why she lost the election. is that thinking, that's the reason she lost the election. you are disrespecting our flag and you are disrespecting our country. it's very disrespectful to our country when they take a knee during the national anthem,

number one. number two, the people of our country are very angry at the nfl. all you have to do is look at their ratings and look their stadiums. >> juan: jesse, you see a totally polarized presentation. it's disrespect for the anthem in the flag versus no, it's about the police brutality and treatment of blacks by the police, according to hillary clinton. >> jesse: all i know that hillary siding with the kneelers is the kiss of death. she is a day late, a dollar short, and how corny. who initiates a lecture us on errors? we all know what happens, hillary. going back to k.g.'s point, this guy's talent does not outweigh the p.r. hit the team would take if you brought him on. he averaged 1187 yards in the air passing, under 60% completion rates. he's not that good. the lawsuit is a hail mary. you like that? there's no chance this goes

through. it's not illegal to hire someone you don't like. he's got to show this evidence there is collusion between multiple teams. i don't see it happening. it's going to go to arbitration and he's going to lose. >> dana: if he wins, he wins big. >> juan: more bombshell development in the harvey weinstein scandal. we will be right back with it. i no longer live with

the uncertainties of hep c. wondering, what if? i let go of all those feelings. because i am cured with harvoni. harvoni is a revolutionary treatment for the most common type of chronic hepatitis c. it's been prescribed to more than a quarter million people. and is proven to cure up to 99% of patients who have had no prior treatment with 12 weeks. certain patients can be cured with just 8 weeks of harvoni. before starting harvoni, your doctor will test to see if you've ever had hepatitis b, which may flare up and cause serious liver problems during and after harvoni treatment. tell your doctor if you've ever had hepatitis b, a liver transplant, other liver or kidney problems, hiv or any other medical conditions and about all the medicines you take including herbal supplements. taking amiodarone with harvoni can cause a serious slowing of your heart rate. common side effects of harvoni include tiredness, headache and weakness. ready to let go of hep c? ask your hep c specialist about harvoni.

♪ >> kennedy: is the list of women accusing harvey weinstein grows, his own flesh and blood is publicly turning on him. business partner and brother bob weinstein says harvey "took out the emptiness inside of him in so many sick and depraved ways. inexcusable. no bleeping way was i aware that was the type of predator he was. i divorced my brother five years ago. i am ashamed he's my brother, to be honest." the weinstein company announced it's in negotiations to sell part or all of its assets.

reporting that the disgraced movie mogul is expected to challenge his firing at a board meeting tomorrow. kimberly, what kind of case does harvey weinstein have against the company? what kind of agreement if they have about these suits? >> kimberly: he is in a better position people think. they did the right thing for them, from a public perspective than a p.r. perspective to say we've put them out. like the academy didn't like they did in britain. however, they already had advance notice about this and let him put together in his contract that for any of these allegations, as long as he indemnify the company in terms of settlements or anything that he was able to keep his job and retain it. not being privy to all of their financial and contracts and whatnot, i think it's kind of fascinating. maybe he can work out a settlement with them, but let's be honest. if he were to be involved and at the helm in any way, it's like,

you know, financial death spiral for the company. their best bet is, and they been advised i'm sure to go ahead and sell off and get what they can for the company. >> kennedy: his wife's company is having a tough time p.r. wise. a number of staffers are circulating resumes, reportedly trying to leave the company because of its association. she has already said she has left her husband. >> juan: it's real what kimberly assange. you have disney, apple, amazon all pulling away from projects. lin manuel miranda says "the heights" apparently wants out. i think at this point, the question is can the company survive the damage? he might say you guys knew something was going on but from what the brothers had come of the other idea the extent of the predatory behavior. now the p.r. damage is so

substantial they have threatened the existence of the company. >> kennedy: it will be interesting to see if his legal trouble, scotland yard and the nypd in addition to other law enforcement agencies are looking into. there's been an interesting reaction. it is either silence or medians are having to apologize, like james gordon, who told this jok joke. >> i'm here in l.a. it's so beautiful. harvey weinstein asking for a massage. it's weird watching harvey weinstein in hot water. any of the women who watched him take a bath. it's weird watching harvey weinstein in hot water. >> kennedy: he had to apologize. >> jesse: they are already apologizing for rape jokes. the brother's apologizing. i think they are getting a cash infusion from wall street.

the clinton foundation is keeping a quarter million dollars from weinstein because allegedly weinstein paid off some bill's legal fees during the lewinsky affair. once probably going to happen is hollywood is going to make a movie about the weinstein crime saga. everyone is going to get awards and congratulate themselves. >> kennedy: who plays harvey? >> jesse: i don't know. >> kennedy: john favreau. >> jesse: i don't know if you would want that role? i don't even know who john favreau is. >> dana: we figure out a way to get through this segment. it's amazing the story lasted for ten days. i'm curious what happens in the board meeting tomorrow and how much leaks out. >> kennedy: does he leave rehab in arizona to go to the

board meeting? >> kimberly: a rehab for low? >> kennedy: he is going to call in. he gets a lifeline. >> dana: phone a friend. don't phone your brother. >> kennedy: it is lurid, tragic. and the story continues to grow. up next, "one more thing" ." the best simple salad ever?

heart-healthy california walnuts. the best simple pasta ever? california walnuts. the best simple dinner ever? great tasting, heart-healthy california walnuts. so simple, so good. get the recipes at walnuts.org.

[he has a new business teaching lessons. rodney wanted to know how his business was doing... ...so he got quickbooks. it organizes all his accounts, so he can see his bottom line. ahhh...that's a profit. know where you stand instantly. visit quickbooks-dot-com.

♪ >> dana: it is time for "one more thing." i remembered it was my turn and i'm going to go first. i have two quick things. tomorrow on the daily briefing i have a special guest. those of you who watch "the five" know i love dirk bentley and his music. he's going to be on tomorrow and his involvement in the new movie "only the brave" about the firefighters in arizona. he will be here to talk about that. my second topic, this is great. we have a new producer on "the five." she's been at fox for a long time but she is new to us at "the five" and we are happy to be able to bring you this story. it is breast cancer awareness month. we are highlighting her because she participated in her first breast cancer walk as a survivor over the weekend. she was diagnosed and underwent surgery, five months of

chemotherapy, six weeks of radiation had a full year of antibody infusions. she finished treatment in march and over the weekend went home to massachusetts to walk with her close family and friends. that was her dog, nick. her team raised on most $10,000 for the american cancer society and she hopes those funds will help others diagnosed with breast cancer survived. the one thing she asked of all of us women watching, don't pass up on getting your mammogram. make that pledge to each other. >> kimberly: god bless. true fighter. >> juan: there is a chill in the air. it's getting pretty cold here in new york and soon we turn our clocks and our back. we are two weeks away from halloween. spiderwebs, pumpkins. i have pumpkins out the kazoo.

that means the costume stores are doing big business. we want to show you some of the most controversial halloween costumes of 2017. the wall. some people say that's the album. >> dana: pink floyd? >> juan: it looks like it could be trump's wall. look at the second one. sexy border control agent. >> jesse: that is k.g. >> juan: the final one, and frank. a lot of people think this is not cool not not appropriate, given the story. get ready for halloween. >> kimberly: that was awkward. thank goodness this is a perfect segue. it's time for kimberly's royal news. indeed. looking shiny. take a look at this amazing video taken today of the duchess

of cambridge kate middleton dancing with paddington bear and delighting children on her return to royal duties after suffering acute morning sicknes sickness. she joined her husband prince william and his brother at london's paddington station where they met children from charities they support. how cute is this? absolutely adorable. i adore her. >> kennedy: how excited are you for the return of "the crown?" >> kimberly: i am excited. >> jesse: dana has been getting me into country music. i like this new artist, jillian cardarelli. she's a country music sensation, named top ten new country artist you need to know in 2017 by "rolling stone. she has a new single out called "souvenirs."

♪ she joined us today. you can grab the new song at apple music or spotify, got a great beat. approved by dana? >> dana: i love it. i am paying attention. >> jesse: my world is expanding. >> dana: we are going to get culture to him yet. >> kennedy: 36 pandas born at that china conservation research center. the most pandas they have ever seen. 15 pairs of twins. they don't open their eyes until they are about eight weeks old. they can't move around until they are three months. they are cute and they have to

have help from zookeepers because they have a lot of inexperienced moms. they are beautiful. >> dana: set your dvrs. never miss an episode of "the five." "special report" is up next. >> bret: president trump says he and senate republican leader mitch mcconnell are "closer than ever" as they try to hammer through budget and tax reform. two u.s. allies fight out over disputed territory in iraq. honoring firefighters on the front lines. this is "special report" ." welcome to washington. i am bret baier. it's all about your money. how much the government takes and how much it allows you to keep. the tax reform and fighting over republicans. the future of establishment