>> neil: i appreciate it. have a good night. we shall see, the investigation goes on, when it stops, nobody knows. all i know is "the five" is now. ♪ >> jesse: i'm jesse watters with morgan ortagus, juan williams, dana perino and brian kilmeade. it's 5:00 in new york city and this is "the five" ." democrats cranking up the outrage machine and going after president trump following the release of court memos on paul manafort and michael cohen. party leaders pushing impeachment and the possibility of prison time for the presiden president. >> certainly they would be impeachable offenses. even they were commendable for the -- committed before he became president, they were committed in the service of fraudulently obtaining the

office. >> there's a real prospect that on the day donald trump leaves office, the justice department may indict him. he may be the first president in quite some time to face the real prospect of jail time. >> the walls are closing in on donald trump and his inner circle, including his family. >> this criminal must be brought up by the congress of the united states for impeachment. >> and the evidence become so clear that you very likely have a criminal in the oval office, what is the congress left to do at that point? >> jesse: okay, president trump fighting back saying that there's no smoking gun, no collusion and that the payment detailed in the cohen report was a simple private transaction. juan, i'm going to use an analogy. let's say hillary clinton -- because gutfeld is not here. let's say hillary clinton decided to get botox in decembe. she paid 10,000, 20,000, whatever it costs. she decides she wants botox.

i don't know what it costs. whatever she pays. she doesn't reported to the ftc afterwards and she is elected president and then the republicans find out. hillary got botox and did reporting on the fec filing and now she needs to be impeached. what would be the difference? >> juan: the difference. sometimes i think it's christmas season, i've got to be nicer. >> jesse: private transaction. private transaction. between her and the botox lady. >> juan: jesse, we are talking about campaign finance violation potential by individual 1 according to his fixer who said individual 1 told him to make this payment in the critical moment in the midst of a campaign. >> jesse: botox would've been a critical moment. she's on tv. >> juan: i think the better analogy, when she was sick people asked her if she was sick and she didn't say and then she was stumbling to the car. maybe you should tell people if you're sick.

similarly i would say when someone hides relevant material from the voters, the argument is you are deceiving us. >> jesse: juan, if you can impeach a politician for being deceitful, we would never haven't president. >> juan: you didn't say impeached. they are not trying anything. republicans. >> jesse: they are talking about impeachment because we watch that sound right there. a lawyer who does this for a living says this is brand protection and brand protection is not a campaign finance violation. it's perfectly levo. >> dana: i guess they could try that and see what works. campaign finance violation is the least interesting part about this. there is the over criminalization of campaign finance violations but we do have laws. they are not clear-cut. after john edwards' situation,

he was acquitted by only by a jury. it went all the way. justice department said we have to fulfill our obligation and prosecute to the fullest extent of the law. brand protection come i haven't heard that one. >> jesse: you're welcome. the other issue, because the democrats and republicans in congress, they have a slush fund where they are paying out these nonconsensual settlements over the last ten years to the tune of several million dollars. this is a consensual transaction then payments were made. what's the difference? >> brian: a couple things. whether you are all for donald trump are against donald trump, the way the indictment was written according to legal experts with flowery language instead of the dry legalistic approach, it looks as though they're going after trump, no doubt about it. whether you think they should or shouldn't, let's put it aside. they are going after prompted try to say he directed michael

cohen to make the payments. trump has to think of not whether it's right or wrong and compare it to hillary clinton are not an outcome it doesn't matter. the southern district of new york is trying to take him down. the question is, what did he deceive the american people on? did anyone actually think donald trump was the second coming of some high-level pulp? no, they knew his background. they knew what was going on. if you're in the business world and your partner doesn't like you and your gonna run for office, that partner comes out and says that brian kilmeade, he robbed me of money. whether he did or not, you don't want that partner coming forwar forward. so you walk up to the geyer woman and say what's going to take to put this away? i've got to run for office. you get it done. michael cohen being directed are not being directed, that's what the southern district of new york is the problem. if he doesn't take it serious, he is foolhardy. he has to get on the offensive here, address it directly, go

after it. opinions should not matter. don't cheerlead or boo. this is the reality. >> jesse: now it's just the campaign finance violation. >> morgan: i am still trying to wrap my head around the botox analogy. >> jesse: it's airtight. >> brian: insurance should be covering that. >> jesse: weight, insurance covers that? [laughter] >> morgan: i don't think impeachment over these issues work for -- it backfired on the republicans i think would backfire on the democrats. if you start to have impeachment hearings in the house and later in the senate, think about who's going to be those hearings testifying. it's going to be stormy daniels, avenatti is going to be there. think about the chaos that avenatti ensued during the kavanaugh hearings. some people think it's a three

ring circuits three-ring circus. some people think that during the kavanaugh hearings, the whole thing he was doing there sort of gave kavanaugh a win. if you take a step back and think with the impeachment hearings could look like with this cast of characters, it would be terrible for democrats going into 2020. if that's what they want to do, they want to bring avenatti before congress and stormy daniels. >> brian: they are trying to make him unelectable. >> jesse: is this about sex again? are we back in the '90s? is it all just outrage about se sex? a campaign finance reporting error is impeachable? >> juan: they are the ones that are really dealing with hypocrisy? they would agree -- it's about lying. the president, even after he was elected to office, said he didn't have anything to do with a payment to any of these women.

>> jesse: that we are back to lying about sex? >> juan: we are talking about lying to the american people. i'm a democrat in 2018 and i am saying, as brian said, it's a serious charge by the southern district, the federal prosecutors in new york, against individual number 1, unnamed but widely assumed -- >> jesse: i don't think they ever prosecuted campaign finance violations as felonies. >> dana: eight was prosecuted ie john edwards case. the question was, did he direct the campaign donor to do it for him? it didn't happen. he was acquitted by a jury but also he wasn't president of the united states or even vice president.

it's murky. i think democrats have a big communications problem on their hands. they have multiple audiences to talk to all at once. they have a restless base who want to do nothing but go after the president. they have new members who say i just thought are really tough campaign. i want to do stuff. i want to work on health care. i can tell you if they go down this road of just doing impeachment, it basically takes up all the oxygen. there's no time to do anything else. so then what happens? people get demoralized. people want to leave. i ended up leaving the congress, i was looking for a way to go to leave the congress. basically they spent a year and half going after bill clinton and it was kind of boring as a staffer. it wasn't going anywhere. politically they have a huge problem on the democratic side. >> brian: absolutely true. if you're worried about them overstepping, you saw this weekend extreme language. it was brought up by andrew mccarthy who went to college for a law degree, very smart guy. he says in 2008, barack obama

was guilty of violations to the tune of $2 million. he paid a $275,000 fine. this whole thing was cohen was $280,000. it should just be a fine. >> juan: it's apples and oranges but i will leave it alone. we need to go to a break. what happened with barack obama, it was a matter of overpayment, underpayment. it wasn't a matter of guess what, i'm going to take money and use it to advance my campaign without closing. he hid the fact that he was paying money to these women. >> dana: unless they call the brand defense. >> jesse: or the botox defense defense. both work. be sure to tune into hannity tonight at 9:00 p.m. he is sitting down to white house senior advisor jared kushner. next, a chief of staff shake-up at the white house as a top

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♪ >> dana: president trump looking for new white house chief of staff after announcing john kelly will be leaving by the end of the year. the process is expected to take a little longer after a potential replacement nick ayers, chief of staff or vice president mike pence, announced he's out of the running. mark meadows is in there. now emerging as a potential replacement. the congressman saying earlier today he would be honored to be the next chief of staff. jesse, did you put your name in? >> jesse: my mom advised me not to do that. don't go anywhere near that job. my daughter said being president is not the hardest job in the world. it is being the president's assistant. i think she's right. >> dana: there is something to that. >> jesse: i hear that ayers is very good. his picture, he looks a little bit like a cupcake. i think trump would eat him for lunch. >> dana: apparently he really likes nick ayers. >> jesse: could be very

likable but i don't know if he's tough enough and old enough. there's a lot of sharks in this white house. you have kellyanne, bolton. you have tough, strong personalities. they are really outspoken. >> juan: whose side are you on? >> jesse: they are thinking about meadows and mulvaney and mnuchin. they need a political guy who can come in. try to help trump get reelected. john kelly is not a political guy. he got along with trump. ultimately it's about personal chemistry. >> dana: you spend a lot of time when you are chief of staff when you're the president. moving into the legislative phase and they prepare for reelection. >> morgan: i have an idea for who should be his chief of staf staff. bring back the mooch.

that would be great tv. he would have been good. i love anthony. i think you can look at it, can you get a political person like meadows or a loyalist like whitaker. chris christie is an interesting combination. political and legal. he can help him get through both. he needs an adult in the room and i think john kelly was a great chief of staff from what it looks like. had an incredible career and he commanded respect from what he did in the army and i think that's the kind of person the president needs. >> dana: what do you think, juan? >> juan: i think the reason nick ayers was up there is because jared and ivanka like nick ayers and they didn't like john kelly and apparently at some point the president wasn't even talking to kelly for the last few weeks. the president called on kelly, i guess was in june of 2017 and said hey, let's stop with all

the fighting. let's clear this place out. let's make it work. so he was the general come to make the troops stand at attention but it didn't work. >> dana: who knows. i don't know all the ins and outs but i do think it's kind of strange, brian, that nick ayers had let his main basically be out there for a few months and he was possibly going to be the chief of staff and then the president offers it to him and he says i'm not going to do it. >> brian: everyone said great things about him. the president and mike pence, both glowing tweets. maybe he said listen, do you want to do this for two more years? seems to me that if mark meadows is as positive as he seems to be on the possibility, it seems to be his to lose. they obviously get along. my worry for mark meadows and for the president is the president is going to be successful if he understands

what moderates think and what democrats think. mark meadows knows. he and trump are both conservative, they agree with the freedom caucus. the one person that i would keep in mind that would make sense would be david bossi because he knows how to get the president to understand what's going on. he also can take a blistering. >> dana: and he wrote the book "let trump be trump." >> brian: knowing what it's like to be in the investigations, he was on the offensive against hillary clinton needs going to understand what's coming at him. >> juan: if you have meadows or david bossi, forget about any discussions with nancy pelosi, chuck schumer. these guys come in and essentially they're going to reflect the hard right, the freedom caucus way of thinking. i don't think they have the capacity even to calm the waters in the white house and that's a big issue. trump went after obama and said you can't even keep a chief of staff. in less than two years, he's had

no three. 62% turnover rate in this white house. >> jesse: whoever becomes chief of staff the media is going to come after so hard and they are going to try to get him fired because they will say this white house is gone through more chiefs of staff than any other white house. they have to expect -- >> brian: chris christie makes sense. he evidently broke the ice with jared and ivanka. evidently they broke through and had an understanding. i think he would be perfect for it. if he finds a way to do something he wasn't able to do before, that's sustained himself with the president. he had the transition team, he was in the transition team, they blew it off. he looked like he was going to be attorney general and they kind of blew it off. for him on the surface, he would be the perfect guy because he knows how to work with democrats in new jersey. he also knows how to fight. my goodness. >> jesse: might not have to take a pay cut either. >> dana: i think they are fine. >> juan: whoever gets the job

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desperation and the migrant caravan in tijuana. photos show an 8-month-old baby being passed through a hole underneath a wall and into the u.s. brian, let me start with you. what do you say when people say the president has broken his promise on the wall and now the last minute he's trying to force the issue into a funding bill that would shut down portions of the government. >> brian: he should blame the republicans a lot. they haven't made it a priority. why is it immoral to be able to control your border? the fact is they say will give them 1.6 million but it's -- for offense, not a wall. it's flat out politics people can see through. for someone who lives in san francisco in the region, she said it's very brave of her to say we don't have to secure the border, it's immoral. she had that great line, why don't they just mow the lawn so they can see through the grass? it's pure politics. the caravan in what's happening in tijuana and the fact the mayor is coming forward, it

shows it's not pure politics. it's a problem. i think it's an issue, i thought it could be a broader issue. what do you need? you want infrastructure? give me this. we are in a lame duck session. lead with infrastructure. nancy pelosi is concerned about blowing the speakership would seems to be hers. >> juan: i listen to brian and i think democrats don't care about border security? they put a lot of money into border security. >> dana: they have and they voted for in the past. it depends on how you want to communicate. they are not leading with that foot, they are leading with the other foot. the meeting tomorrow is going to be very interesting. i can imagine the strategy meetings happening today to prepare for tomorrow. it will be interesting to see how they come together or not for this first one. chuck and nancy and the nicknames and everything, can they figure out a way to work together? maybe everything will look good

in the meeting and then remember what happened last time, this is the democrats complaint, they thought they had a deal. they go back to the hill and they find out actually the deal fell apart between their ride from the white house to capitol hill. everybody goes in with a lot of distressed tomorrow and it's up to the leaders. everybody gets a choice to make, and you can decide to work together tomorrow or not. >> juan: let's go to mr. mr. botox. >> jesse: i don't think that is going to work. >> juan: the idea is the president would budge on dreamers in exchange for a deal that would give him, i guess he's asking for 5 billion for the wall. >> jesse: i don't think they are going to take it. they had 25 billion for amnesty for 1.7 million dreamers, then he said either the s-hole comment or they wanted to add on all the lottery and merit-based stuff and chain in the deal fell

apart. i don't see it happening. the only chance he's going to have the last month. until the congress flips, this is his last at bat in order to squeeze billions for this wall. if you think about it, he has a pretty high threshold for political pain. he can withstand a lot. he could really take it to the brink and say guys, you're not going home for christmas. we are going right to the end of this thing. i will take the heat in order to get this wall. it will rattle the markets because you have all the consumer spending going into christmas. it's so desperate he might have to pull it out. right now chuck schumer still, has some ptsd from the schumer shutdown. he chose illegals over the vets. he's not really looking to make waves. and nancy, i agree she really needs to watch her left flank because she doesn't want to give too much she assumes the speakership.

this is the resistance congress. >> juan: morgan, the president seems as if he's willing to have a shutdown. i think politically history shows that the party that's behind the shutdown gets the blame, so it's not a political winner. >> morgan: that's true, except for the last one where schumer got blamed. i don't like it's fair if there is a shutdown to blame it on this president. as brian alluded to, it's a failure of congressional leadership. if anything, the president -- he was clear he wanted 5 billion and he didn't get it. i think what you are saying is an appropriations failure, not to get too wonky. in august, they canceled the recess to get the appropriations done. they got 75 percent done. they got defense spending down this year, but i've got people charging the border and you don't have dhs funding, border security done. i think we need to take a look at why does congressional leadership always let it come down to the wire on this? because it benefits them. on both sides of the aisle when it comes down to the wire, they

have more power and the recall of them can get in the room and make to decisions. 's senator lankford and senator ernst trying to reform the budget process. there's more to it than just a shutdown. it's congressional leadership trying to keep power until the last minute to make decisions in a closed-door room without the entire congress. >> brian: what leverage does the president have in the lame duck sessions? what does nancy pelosi have to do? what does schumer have to do, and what they want in return? besides going home for christma christmas. guaranteed to do infrastructure for stuff in the new year. >> juan: i think it's going to be an effort to try to get something done but i don't think giving him a wall which everybody says is pretty ineffective -- >> jesse: everyone does not say it's ineffective. maybe you saved ineffective. >> juan: jim comey taking another shot at president trump and tells americans who they

should vote for. yeah, really. that's next on "the five" ." with waze wifi wireless charging 104 cubic feet of cargo room and seating for 8. now that's a sleigh. ford expedition. built for the holidays. and for a limited time, get zero percent financing plus twelve hundred and fifty dollars ford credit bonus cash on ford expedition.

♪ >> brian: james comey unleashing a new partisan attack in his ongoing feud with president trump. >> all of us should use every breath we have to make sure that the line stops on january 20, 2021. i understand democrats have important debates. with their should be. they have to win. they have to win. >> brian: so he's not going to be voting for trump, i have a source. the president punching back by calling comey a major liar come after comey refused to answer questions he claimed not to remember or didn't know. dana, he goes to the 92nd y and is confident he did a good job

behind closed doors but when it comes to the dossier and the flynn story, there's still many questions and things he didn't answer. >> dana: i have lost track, to be honest. >> brian: it is to subtle? >> dana: i have a respect for anyone who works in government, especially law enforcement. i do think now he's being so partisan that it takes away from his ability to say what a great guy he was buried that he was being straight and narrow, just the fbi guy come in times of the country. i think it's interesting, friends of mine that are democrats, they don't like him. they don't want his advice on who they should choose for president. >> brian: jesse, there is something that did stand out. with peter strzok, very obvious, some of the stuff is drilling down to deepen people say about 20 things to do. i don't know what republicans or democrats are talking about. peter strzok was text messaging with lisa page. he said if i'd seen those text

messages i would've let him go. he didn't show antitrust bias. he didn't? >> jesse: he is too biased for mueller's investigation but he's fine. james comey, that's what it comes down to. comey, for being such a smart person, can't remember everything, anything. look what he said about the clinton fbi interview. he doesn't know who drafted the questions. he doesn't even know if his team shared the questions ahead of time with clinton. he doesn't know why any of the clinton witnesses weren't subpoenaed in question before a grand jury. he knows nothing. he doesn't even know who paid for the dossier. he doesn't know if the dossier was verified. he said the dossier wasn't verified or where they use it for a fisa warrant and then after. he said he couldn't remember when he was briefed on the anthony weiner laptop or material. his story changed on that. >> brian: mccabe has a different story than comey. speed six and now he says this change the entire situation.

he says they opened up a counter espionage investigation into four americans by the end of july 2016. that means what started the investigation? we were told all along that it was papadopoulos that triggered this whole thing. now we know at the end of the summer, four americans were under surveillance and being investigated. >> dana: being counterintelligence intelligence investigation started in the spring. >> juan: he made it very clear, he said donald trump was not one of the four. >> jesse: the people in his orbit. >> juan: but he said it was not donald trump and also he said he thinks impeachment is a mistake and it would muddy the waters and instead he says let's go to the election and let's be sure that we get out this person who is violating american values and standards, donald trump. >> brian: juan, do you care what james comey wants? what do you think?

>> juan: i did not approve of the way he handled hillary clinton's situation by going out there and acting as if he was the attorney general. he's a big player in this and he knows, which is why the republicans were the one that dragged him in there that he made the deal of releasing the transcript. this was a republican play. >> morgan: i cringe every time he speaks publicly. it inevitably does not go well for him. it goes bad. going back to the hillary clinton investigation when he gave the highly inappropriate press conference that went beyond fbi precedents. what also bothers me about it is it's not just him. it's also john brennan, the cia director. making the worst comments. these positions have long been nonpartisan, these intelligence positions. so my friends who are working in these agencies, working in the fbi, i feel like he somewhat taints the reputation by going out and doing this.

>> brian: they are furious. >> morgan: anyone who was wondering if comey was on a political jihad, if you're looking at these comments, looking at them, how was an average american supposed to look at what comes out of their mouth and their tweets and come to any other conclusion? >> juan: i will tell you a conclusion they could come to. this president is trying to undermine the credibility of the fbi, cia, anybody the questions his illegal actions. >> morgan: the cia has not questioned any of his actions. they don't -- >> juan: cia confirmed that russia interfered in the 2016 election. the ca goes after -- >> morgan: the cia has not linked it to president trump. >> juan: they say that the russians interfered. he doesn't want to hear it. just like he doesn't want to hear -- >> morgan: the information to link the cia to president trump, the cia and pompeo and everyone has said that russians

interfered. >> juan: that's what i'm saying. >> brian: let's keep the cia out of it because are going to be angry with us. >> dana: we don't need that. >> brian: comey did what he wanted, didn't he? he got the revenge. he got "the new york times" story, gets the mueller probe, the leak. then he gets to sit back and watched donald trump scramble because that's the guy who fired him. in one way, comey is getting what he wants. celebrity status and the president investigated. >> dana: i don't know what comey wants. i don't know what's in his heart or his mind. he doesn't know what's in his mind. he doesn't remember. >> jesse: he investigated both presidential candidates, and whenever you ask a question about it, he doesn't remember. >> brian: he is the king of england. he has something to do with policy. 18 minutes before the top of the hour. think twice about what you post online because you could be taken down by the pc police for eight years later. those stories are next

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♪ >> morgan: the pc police working overtime the past few

days but are they going too far? "usa today" being criticized for posting an article shortly after oklahoma quarterback kyler murray won the heisman trophy. that report showing homophobic tweets by murray from when he was 14 and 15 years old. he has since apologized. kevin hart also facing backlash to after stepping down as host of the oscars following an archive over homophobic tweets he wrote between 2009 in 2011. he defended himself, saying people change. he also apologized. juan, we see kyler murray, one micah heisman trophy, getting criticized for something he did at 15, i think we all cringe. >> juan: how old is he? >> morgan: now? he's in college. >> juan: it wasn't that long ago. >> morgan: is there a difference between what he did at 15 and what kevin hart did as an adult in your mind?

>> juan: yes, but i think kevin hart made the case he's 4. something he did 20 years ago, you have to give him some space to evolve. and the culture has changed. what's the standard has changed. i am more concerned with kyler murray and i know a lot of the athletes, the guy on the nationals, a guy on the brewers who made racial and homophobic type comments on twitter. >> brian: quarterback on the bills. >> juan: i wasn't aware that. i think a lot of it has to do with exerting your masculinity, like the boys, using the n-word. it's like we are in the club and we are going to say things about about. it's awful. this is not cool stuff. i don't think you want to punish somebody or shame them in the way that usa today did with kyler murray. but he's got to be an adult. he's got to go up at some point. he's a role model to a lot of people as a heisman trophy winner. >> morgan: when you look at

kevin hart, he did apologize for the tweets previously. they were not appropriate. unlike anyone thinks they were appropriate, including him. do you think he deserved to have to step down as host of the oscars? >> dana: he probably realized -- i think he probably thought he had no choice. it wasn't going to end. they were going to let him up. i think he probably did have to step down. for the kyler murray thing, i think clearly "usa today" had probably gone through all the tweets for all the potential heisman trophy winners, they were probably ready to go with a story about any of them depending on who it was. maybe you should know that's out there. going back to when dan crenshaw went on "saturday night live" since i don't need an apology. let's have some grace. everyone said let's hold this up as a model for how we should handle it. that was only two weeks ago. >> morgan: go back to the kavanaugh hearings -- >> jesse: i always go back to those hearings. great reference point. >> morgan: what he did in high school was fair game in the

supreme court nominations. >> juan: there is a difference between being accused of rape and tweeting something homophobic. listen, kevin hart is funny. the ratings are terrible at the oscars. would have been a big boon for the oscars. >> morgan: they should have you. >> jesse: they should not have me. think about if you're the type of person that notices kevin hart gets selected. what do you do, the first thing you do is you go back and start looking for ten years worth of something offensive and controversial. and then you put that out there and you see someone have to make an apology and all breaks loose. do you feel good about yourself? do you feel like anything positive came of this? kevin hart is a guy who loves everybody, and he said that. he's apologized for it in the past. i think it's harmful to go back and do that. that's why don't tweet. i only retweet good things about myself.

[laughter] >> morgan: fair game, brian? steve i don't know if it's fair game. if kyler murray shoplifted or did a carjacking, it would've been expunged of his record because it was a minor. what he did was tweeting back and forth with his friends. i know you have to grow up and be a role model. he's 21 now. 14 or 15, huge difference. he's just going at his friends in a way people would normally never have that repeated. maybe you say some things come a conversation with your friends and now it can destroy you. hopefully this won't hurt him. i will say kevin hart came out and semiapologized wants. i won't again. i don't know who's actually going to take this job. who has the cleanest twitter feed and who wants to take the risk to go forward? i think they're going to have a real problem filling anybody's shoes. >> dana: have a robot do it. >> brian: introduce the next guy. >> juan: a comedian said they

got the cleanest black comedian out there, there is one exception. but he's booked for three to ten years, referring to bill cosby. >> jesse: it's about intersection -ality. there is a lot of it at play and i want you to keep that in mind when you talk about these issue issues. i have learned a lot. from the senator. gillibrand taught me everything i need to know. >> morgan: and think you're right about the culture of some of these homophobic things and kids should learn you can't say it. all right, everybody everybody. "one more thing" is next. i found my tresiba® reason. now i'm doing more to lower my a1c. once daily tresiba® controls blood sugar for 24 hours for powerful a1c reduction. tresiba® is a long-acting insulin used to control high blood sugar in adults with diabetes.

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♪ >> it is time for one more thing. >> dana: this is a book i have not read yet, he is working here at fox news. he has withheld a life dream. he wrote a book. it is a novel called "the blood in the streets." it is a gripping filler. a suspense story. it is about a 1970s homicide detective slowly loses his mind as he is investigating the murder of his best friend's child. it is quite good and quite personal. i will paper this on my nightstand. >> greg: i liked it. i like detective novels.

you guys know i'm into christmas miracles and i have one for you. last week a mom was taking her baby from orlando to the children's hospital and philadelphia. she boarded an american airlines flight. a passenger in first class noticed her struggling with the infant, her lungs require an oxygen machine. in a act of kindness and christmas love, this man stood up and gave his first class seat to the mom. >> i'm looking at him and crying, saying thank you. he just quietly -- he was smiling so big. he said, you are welcome. anyway, the mom wrote a facebook post about this miracle and it went viral. she said thank you. not just for the state but noticing us. it reminds me of how much good there is in this world. i can't wait to tell lucy some day. that post was shared over 160,000 times. a christmas miracle.

>> jesse: speaking of miracles, there was a miracle in miami. they were up by about five points, with six seconds left. look at this. the running back and takes it to the house. he stumbles a little bit. he wins the game on the last play. unbelievable. you draw that up as a thing that never happens. drupal lateral. they come back and win the game. it is not fun if you are a pats fan. >> there is a study on "60 minutes" last night-night that struck me. everyone who knows kids should look at this. they did a 10-year study, finding out the effect of the ipads and type phones on kids brains. guess what? it is fitting of the cortex. kids are scoring worse in every category. if you are more than two hours

on any of these devices, he began to see the results. this is the iphone generation. the first want to grow up with it. the matter what age or economic income, somebody has an iphone around you. you should be cutting kids off at a certain time. >> it literally flies their brain. >> they'll plan to something else in silicon valley. this has to be an intervention right now. >> juan: i noticed the high tech people don't let their kids do it. >> they let me do my first time as a field reporter at the army naval. i had a lot of fun. i was absolutely freezing in that picture. it was great. i talked a lot of smack to pete. that didn't end well for me. there is the army secretary in the navy secretary and of course the president was there which is always great for the members of service. very cool. i also got to interview roger and she gave me the challenge

coin that the president flipped. >> can i be your correspondent? [laughter] set your dvrs and never miss an episode of "the five." "special report with bret baier" is up next. >> bret: can i be bryant's correspondent? [laughter] president trump calls hush money payment a transaction while democrats talk impeachment in prison after he leaves office. the president search for news chief of staff is getting complicated. we will explain. overseas, brexit chaos and brighten and where protests bring more concessions in france. this is "special reports." ♪ good evening and welcome to washington, i am bret baier. president trump is coming out swinging today after a week and to absorb omissions by his former lawyer, campaign finance violations in forms of payments to a woman alleg