tomorrow the federal reserve will announce by midafternoon whether it's going to hike interest rates yet again. the betting seems to be if it doesn't hike, the markets will panic. if it does hike, the markets will panic. it's weird. "the five" is now. ♪ >> jesse: hello, everybody. i am jesse watters with jedediah bila, juan williams, dana perino, and greg gutfeld. it's 5:00 in new york city and this is "the five" ." sentencing for mike flynn being pushed back until march, after a dramatic day in court. the federal judge saying he was disgusted with president trump's former national security advisor for lying to the fbi and warned that he could be sent to prison. the judge also sparking a media firestorm after questioning whether flynn committed treason before walking back his comments. the white house is reacting today and it is standing by its criticism of the case and also

blasting james comey. >> what we do know that was inappropriate, self-admitted of james comey, is that the fbi broke standard protocol in the way that they came in and ambushed general flynn and in the way that they questioned him and in the way that they encouraged him not to have white house counsel's office present. we know that because james comey told us that, and he said that the very reason they did it was because the only reason they did it, it was the trump administration and they thought they could get away with it. >> jesse: all right, dana, the judge making a lot of headlines. judge emmet sullivan has a very good reputation. but he said the treason thing then he walked it back. then he said you were working for a foreign government while you are working in the white house, talking about turkey. then he got the dates wrong and had to correct it. what did you think about the days events? >> dana: it's good to remember that judges have this discretion in power and it's one of the reasons it's so important to you

put on the bench. president trump's focus from day one has been trying to get as many judges confirmed as possible, and the senate has been able to fulfill that. emmet sullivan is known to somebody, he gets a lot of cases through his court. he's not shy about getting press attention. earlier this week, i guess monday, he went from hero to zero in a week. he had asked, i want to more about the situation. if you came here and you pled guilty but you are saying now that the fbi agents tricked you. i need to know more about that and i want everyone to deliver the documents to me. for a week, we spent it thinking the judge is going to throw the case out because of this thing, the first thing he asked two days do you want to change your plea? no. i think in the court of public opinion, that works a little bit. flynn's lawyers did an excellent job of getting him to where he is where he was going to get no jail time. with the judge, they have discretion. sentencing guidelines only that. they are guidelines. the judge is basically indicating he was possibly going

to get jail time today. flynn's team asked for a recess. they go back and they're going to delay it now for three months. >> jesse: if you are looking at no jail time, i wouldn't start with anything that could lock you up even for a day. i would not do well in prison, greg, everyone knows that. >> greg: as long as you don't flirt. >> jesse: only you would do worse than i would do. >> greg: thank you. today was like when you're on the tarmac of a delayed flight and the guy comes on and says now we are going back to the gate. oh, we're going back to the gate. a couple thoughts. the judge seemed very disgusted with flynn. i think it's because flynn didn't give the judge what they want -- what he wanted. they didn't get everything they needed. the judge wanted a playstation for christmas but he got a jumping rope. that's how i got from that. but i'm going to go back to the question that i asked that people hate, is this news? it's a news hangover. this is the lingering headache and nausea from 2016 that won't go away. so the media here and elsewhere,

it feels really dramatic. it's really important, but it's not. it's not. this is just the only game in town right now because it's the holidays and because under trump, the country is rolling along pretty well. try to ignore the stock market because it's the end of the year. that tends to happen. things are going along. we have declines in crime, terror. optimism is high. the media needs to focus on this thing, this comey, flynn, collision. it's like a triangle of idiocy. by the way, i do believe it or if anything happens you will get pardoned. i think he deserves a pardon. if you compared to previous pardons, this is nothing compared to the people clinton pardon. clinton pardon how many people on the last day? 16 terrorists. 16 people who tried to bomb our country or did bomb our country. if you safely flynn doesn't deserve a pardon, read your

history. >> jesse: i think i know what you were talking about when you said the judge was looking for something. they've been sending up smoke signals that maybe he was going to pull the plea. they become until the judge i was set up. i didn't really live. the judge was kind of asking are you really going to go that far. the minute mueller's team heard that was a possibility, they just dangled that turkey consulting thing that he was he was unregistered as a foreign agent. they are going to hit him hard if he doesn't do what they agreed to do. >> jedidiah: this whole story become so confusing because he can't reconcile it. i can't reconcile why he lied. as someone who was the incoming national security person, you would expect them to have some contact with russian ambassadors. why would he live? then you look at why would you be advised not to have lawyers present. if that's not shady, it certainly looks shady. then you look at the fact that the agents knew essentially what he had said to the russian investor. they already have the transcripts. what are you going there and

interviewing him for? you already know. are you looking to entrap him. then you have the 302, the fbi document about the report filed nine months later after the incident. so sony things about, the reason i think it's going to ultimately either get -- there's going to . there's so much nonsense. one of the people interviewing him wound up being peter strzok, the guy who has those text messages, the anti-trump text messages to his lover. the whole thing is a disaster. i don't know how it's going to end but you can look at this and say flynn shouldn't have lied. it was absurd that he lied. it's pretty clear to me that he did in fact lying that's a problem. but also the fact that there was some sort of bizarre set up to have him hopefully lie and appease certain people that were expecting him or wanting to live. it's really a mess. >> jesse: it is a mess. juan, clean it up for us. >> jedidiah: clean up when i just said. >> juan: i wanted to clean up jesse's hair. if you go to jail and i come to visit, i will bring the hair ge

gel. >> greg: you could hide things in his hair. you could hide a file. [laughter] you realize you do need a haircut. >> jesse: thank you, greg. >> juan: it looks better than stephen miller's hair. >> greg: that is a low bar. >> juan: anyway, i thought the day started off with donald trump wishing might flynn good luck. i thought that's peculiar. what's going on here? and then he says look, i think there is no that strzok and page -- may be deleted evidence and then the reports have said that's not true. i'm thinking what is going on. what's going on is that all of a sudden this has become highly politicized. what's going on with mike flynn in a court of law. you have a judge who is well respected, a judge who, by the way, throughout the conviction of senator ted stevens, a republican, once he found the

prosecutors he believed engaged in misconduct. this is not a judge who is any weak willow. this is a strong, competent judge, well respected by both sides. here's the thing. when you say to someone like mike flynn, you sold out your country, jesse, i don't think there's anything more damning than that. this comes from a judge who as you said got the 302. >> jesse: can you explain why did the judge say you sold out your country. what specifically was he pointing to? >> dana: one of the things that's frustrating as they should have kept the whole thing under seal so to not give us a look at this document that has three quarters of it redacted. the judge has read the whole thing unredacted. we don't get to know. that's why -- that's what we don't know. >> juan: to what dana said, i think this is key in response to what greg said about everyone who got pardoned. mike flynn, not only was he advising a presidential candidate while also

representing a foreign government, he was going to classified briefings from the u.s. government that's given to our top presidential contenders. then once he becomes a national security advisor, you can't get much higher than that. this guy had also been head of the national security agency. but now he's the national security advisor, jesse, and what is he doing? he's doing business for a foreign government without registering. >> jesse: i don't want to minimize it but everybody in the swamp doesn't. some radical cleric in pennsylvania. it's not as shady as you're making it out to be. i'm not excusing it. it was illegal by not registering but let's not make enough to be a huge scandal. >> juan: it is. it's shocking. ask dana. dana has been in the white house. you can't be the president's advisor and lie -- >> jesse: dana wouldn't never even make a grammatical error. >> greg: you know what this is about, the media, they can't find collusion. what is collusion?

russia maybe spend thousands of dollars on ads to influence election. have you seen those ads? serious they've seen them? they are hilarious. i can't even talk about them because they are too funny. we spend more money on our wardrobe than russia spent on the ads. did you see the ads, juan? you've got to look at them! >> juan: they do things like black lives matter, second amendment advocates and they are just pushing people to break apart -- >> greg: the ads were about addiction to self pleasure. i tried to clean it up for you. >> jesse: on that note, thank you, greg. >> greg: that didn't help anybody. >> jesse: is an american war hero being unfairly charged in the murder of italo van bomb maker? ♪ voice-command navigation with waze wifi wireless charging

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♪ >> dana: welcome back. a story that we've been covering here in fox news. the army has been investigating the 2010 killing of a suspected taliban bomb maker for years. the case was reopened after matthew golsteyn made these comments in the 2016 interview with bret baier.

>> did you kill the taliban bomb maker? >> yes. >> you willingly offered up these details at the cia. >> that's correct. >> and that's where it all started. >> pretty much. >> dana: golsteyn is being charged with murder and could face the death penalty if convicted. president trump promising to review the case. it's a move that golsteyn's wife welcomes. speak we are not asking for special favor. we are looking for someone to step in and say enough is enough. he's a man investigated for years. do you have torn apart the lives of his family, the people that have served with him. and matthew himself. >> dana: the military saying that it's a law enforcement matter and they're going to let it take its course. he's been investigated since 2010. >> greg: that the process run, but the process been running. you can't train patriotic men to

kill bad guys and then punish them for doing their job. that's all he was doing. he killed the bomb maker who killed his fellow soldier friend who was one of ours. we as a society cannot punish what we desire in a human being. you know who should really come out and support him? hollywood. he is precisely the type of hero portrayed in movies. like "the renegade," the guy who goes out and solves the problem, the die-hard character. he's the guy who we like to see as a defender of our country. >> dana: how do those movies end? with him being exonerated. >> greg: exactly. trump like this because this is a guy who's protecting our freedoms from chaos. it's entirely natural for the law and order president to get involved in this, and it's a wi win. >> dana: jesse, some people have compared and i think his family, to bowe bergdahl and how he was treated. brought to the rose garden, basically given a pass. >> jesse: you can't treat

bergdahl like a hero when he was a traitor and then sentenced this guide to life. he it's really, really sad. potentially given that death penalty. if you think strike me. the influence of fox news? think about it. "special report" gets him in trouble and "fox & friends" might get him out of trouble. >> greg: [laughs] >> jesse: the president getting his pardon ready. i understand the army's view. you have to have rules of engagement browser just can have vigilantes running riled to go wild. the other point of view is that you're in afghanistan to save lives and this guy was saving lives. protecting u.s. national security. the army can be sticklers. remember the guy who took those photos. he got sent to a year in prison. he got pardoned. hillary did much more damaging things with classified information, and comey let her walk. rules are rules. you can't have mercenaries running around, although we do idolize mercenaries in this

country. i think the president is going to use his pardon power. he has dinesh d'souza, scooter libby, jack johnson. i think this guy's going to be next. >> dana: juan, what do you think? >> juan: greg always tells me that we like law and order. i think to myself, well, there's military justice. let it proceed. why is the president getting involved except that as jesse points out he's watching fox and he sees a mention of it. the reality is not that this guy was even sort of a hollywood hero. it's that he took a prisoner off of the grounds and executed him. i don't think that's a hero to anybody. once you are a prisoner, they are not a combatant. >> jesse: they are debating. >> juan: he has said maybe he misled people who were investigating this crime as to what place. apparently it's no argument about the fact that he then disposes of the body. i think you know what, i'm

always on the side of the u.s. military because the u.s. military defends me, my family, my friends, my colleagues, all of us here at fox. so go for it. i don't think if you believe in law and order, have the u.s. military acting out of line in terms of order and in terms of the law and expect people will respect us. you are in afghanistan you will be able to say the united states stands for what's right in this world, not that they are a bunch of murderers. >> dana: jen, i want show you the president's tweet. he said: >> >> jedidiah: i think it's fine for him to say that he's reviewing it. i was on that show with pete. we got feedback from a lot of military members and what they were saying was there so much

bureaucracy now on the rules of engagement have gotten so out of control. they are confusing. the troops on the ground are like oftentimes what do we do here. we have people we consider to be the enemy. catcher really scares the heck out of them. if you take someone in that you know as a threat you release them, not only does that person become a threat to men and women in yourself but if you're in afghanistan for the afghan knees, they are helping you out, then they're going to go on target. i think the death penalty being on the table for something like this is a little crazy. this is someone who is out there on the front lines fighting to protect himself, his men, to keep the bad guys away. >> greg: he should get an award. >> jedidiah: it's amazing that he's been in criminalized. when you have men and women in uniform saying the rules of cotton so out of control.

>> juan: i don't think it's about being on the battlefield and saying that you've come across someone who is not been labeled as an enemy and so therefore i can eliminate this person. this is talking about someone who is a prisoner. taking him out and shooting him. >> dana: i talked to a congressman today who served and he thinks this is a travesty that he being -- going through the wringer again because he'd already gone through it before. >> jesse: double jeopardy. >> dana: thank you. i was looking for that word. >> greg: great game. you did well on that, didn't you. >> dana: i did terrible. president trump introducing new recommendations about making schools safer, what he is saying about arming teachers and an ea controversial obama rule. ♪ it's the time of the season for loving ♪

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>> juan: president trump's school safety commission formed in the wake of apartment shooting. releasing their final report today addressing school violence across america. among dozens of recommendations, giving states or local school districts the options to arm teachers and other school personnel. the president explaining some of the recommendations here. >> these include fixing mental health laws so families and law enforcement can get treatment immediately to those who need it. allowing highly trained school personnel to have access to firearms. according to the department of homeland security, the average duration of an active shooter incident at a school is under 5 minutes. that's why it's critical to have armed personnel available at a moment's notice. >> juan: jedediah, the guns thing, some people including some students at the school, are saying wait a second. we thought the emphasis should be on keeping guns away from

young people. the commission says oftentimes they get the guns from adults and the like. they suggest giving guns to the teachers or the personnel. what do you think? >> jedidiah: keeping guns away from the bad guys is what we want. i like the idea. these people that are going to be trained, they're going to get background checks. you're not just handing guns to people. oftentimes it's military vets are people that used to work in law enforcement that are retire retired. i think it's important because a lot of the schools that are in very rural communities, they get really nervous about if you call. i'm used to living in the city. you call the police need think okay, they're going to be a really quickly. if you are and they are more remote area, if you call for assistance, by the timeless people can get to you, a lot of damage can be done. you need to have people that are on those sites that are able to -- that are trained and able to do it. people say the classroom is too chaotic and environment. it's not safe. i can say having worked in a

classroom it would make me feel comfortable if i had people that were trained and were carrying so that i knew if there was a bad guy with an agenda that had a plan to do damage that they would be able to protect me and the kids. >> juan: gestic, become another controversial element of the report was rescinding obama era guidelines that said we want to make sure there isn't some kind of racial bias or bias against kids with disabilities in terms of school discipline. instead of suspending or throwing them out which is what i think happened with this kid, nikolas cruz, that instead he would do things like counseling, therapy, support. what do you think? >> jesse: i am sensitive, if there is racial disparity in enforcing rules and they call it a school to prison pipeline. i get that. i think what happened is they took a bad situation and i think the mechanism they used to correct it overcorrected. now you have, you are selling drugs, punch people in the face,

hurting girls, disruptive and disrespectful to the teacher. they don't do anything to you. what we -- we have one teacher in south carolina who said you have a kid who finds out you can say f you to the teacher, flip over the table, run out of the classroom, you can't suspend them. once the kid knows you can do that, they will do anything. all they are saying is instead of putting them into these diversion programs like they did with this guy and broward county, maybe if he does something terribly wrong, you have to hit him with a criminal charge. i think that's a good idea. >> juan: okay. dana, what do you make of the idea that you would have such a recommendation about guns and discipline coming out of the apartment shooting. he wasn't as if the shooter was some, you know, hard minority kid, thuggish kid. that's not what happened. it seemed like the president and betsy devos have used it as grounds to institute the policy. >> dana: i don't think they used it. they needed to do the report

anyway. there was pressure on the administration to look at some of the things obama had done and they decided to do something different. but i like about all of the report is that it saying that local school districts decide. i think that's where we need to be -- what we need to be doing, that those decisions are best made by the communities. as jedediah was saying, some are rural. some are urban. let them decide. including on discipline. i printed this out and i'll share with you if you want. "usa today" had 15 teams, reporters, they went out and follow teachers for a day in september all across the country. it's shocking with these teachers have to go through. they deserve a lot more of our support, financial support. but also safety. from outside the classroom and inside the classroom. i am all for this report. i think it's good they put in and out. >> juan: the teachers and parents, greg, don't support arming people. >> greg: i've seen different statistics including at parkland

that are welcoming these changes. what i find interesting is if you look on social media or if you look at the media in general how sanctimonious they were saying no more thoughts and prayers. it's time for action. this is action. it's multifaceted. banning bob stocks. we don't know if that's going to change anything. it was used in other crimes. counseling and things like that, the protection piece and you're allowing the administration to act. the whole point of this other stuff. they are fearful of enforcing any laws because they are afraid of being punish themselves for being racist or whatever way that doesn't have anything to do with this guy except that it allowed him, the program allowed him to get away with it. what you're doing is, a lot of the stuff is based on research not on emotion. number one, we know deterrence works. killers will choose a gun free zone over the opposite. any deviation of that is generally an accident. if they see even an empty parked

cop car, they will drive by. that's all you have to do. the length of a gun attack is mitigated by the appearance of a second gun. when someone shows up and knows how to use a gun, the incident trends because of the facts based on this. i think is well-rounded. everybody get something out of it. a lot a lot of gun-control people, they didn't like the bump stock stuff. see if it helps if you got armed personnel that are trained. ever but gets something out of it. people keep saying we have to act. we have to act. i think was the last thing, a judge ruled that police have a note -- node duty to shield students in the parkland massacre. it's incumbent for you to be individually protected if that's the case. >> juan: there was was a guy on site with a gun. i am just saying. he was there. >> jesse: poorly trained. >> juan: all right. >> greg: he didn't go in. >> juan: thing is what you hear is you're going to have more incidents of people using

guns improperly if there are more guns in the school. >> greg: there is no science behind that. >> juan: up next, my professor greg gutfeld offers sage advice for how you can avoid embarrassing yourself at an office christmas party. very relevant to this group tonight. liberty mutual customizes your car insurance so you only pay for what you need. great news for anyone wh- uh uh - i'm the one who delivers the news around here. ♪ liberty mutual has just announced that they can customize your car insurance so that you only pay for what you need. this is phoebe buckley, on location. uh... thanks, phoebe. ♪ only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

♪ >> greg: our christmas party is tonight. we were going to collect holiday celebration but we are not wimps. it's christmas. since i am old, i've been asked how does one survive? be the least memorable person in the room. don't try to be witty. don't dance. don't decide its time to give mabel helpful advice. but you're drinking some of the

older you are, the less you should drink. if you are in your 20s, you can have six drinks. absolutely. in your 30s, you can have four. in your 40s, three. in your 50s, two. if you are in your 60s, you pay for the party and you stay home. if you're in your 70s and 80s, you can drink all you want. here's why. young people can drink more because it's their nightly routine. it's all they do. they are pros. middle-aged drunks think booze makes them young again. as for the old folks, you have earned the right to cut loose. steal an ashtray. no one's watching, sadly. you will be among people you will see next year and they will remember everything you do. don't take off your pants and dive into a snow bank. everything is recorded. the over driver sees all and will post it. stupid stuff lives forever of the christmas parties were stupid can really shine.

my advice drink water, become best friends with a house plant and maintain a ruthless stoicism in the face of all flirtation boil down to two words. be pence. be pence and you will be safe. you will be the most boring person on earth. juan. >> juan: what? >> jesse: juan is paying for the party. >> juan: i will be 65 next year. i can't even have a drink. >> greg: these things and for people in their 20s and maybe 30s. it's for their single people to get drunk and have fun. we just have to sit there. >> juan: wait, i thought you gave me something to look forward to. when i hit 70 and then 80. >> greg: because no one cares about us then. unless you own the company. if you own the company and you are in your 70s, everyone is

like this. >> jesse: we used to have legendary parties here back in the day. we had an ice luge. i called the police want time to report something missing. i wore a santa suit. we had dance office, awards shows. >> greg: where was this? >> jesse: here! legendary parties back in the day. now they are tame. i am hosting this one at my place. i'm thinking about canceling it. it's going to be boring because you have all these rules, gutfeld. >> greg: i was just trying to help. >> dana: i would never, ever tell, young women in your 20s, don't drink six drinks. >> jesse: here's the headline. gutfeld says women in their 20s at fox drink six drinks. >> greg: it was generic. i didn't say what kind of drinks. could be nonalcoholic. i meant six nonalcoholic drinks. >> jedidiah: the problem with the drinks, i'm a talker.

then you reveal all the stuff you weren't supposed to say, your life story. then you forget you told that person and you show up to work in there like... >> greg: that is so true. the worst person ever. this happened last year. i don't know if you remember this. the person who uses a christmas party to network. the kid with the cards. >> dana: the intern? that wasn't last year, was it? it was a while ago. he worked the system. >> greg: i think i pulled him aside and said stop giving your cards to people. >> jesse: but now he is an executive. >> greg: is actually my boss. you know what, it's not for you. >> dana: the thing about our parties you cannot agree on the music selection. you can go from death metal to country to whatever it is jesse's week is. >> jesse: tom petty. >> dana: that's not bad. >> jedidiah: do you think it makes the party better or worse,

safe or not, to have significant others, wives and husbands. i think that's how you make it safe. people behave better. >> greg: no. no, no, no. >> dana: the whole time you have to be like oh, and peter this is jason. jason wrote this. then you are working angel get a chance. >> greg: my spouse hates everybody at fox. i'm joking. may be. i don't know. [laughter] i think the most important point is about the uber thing. >> dana: they take pictures? >> greg: everyone in the car is strong. we think it's the party that's the problem. it's when you leave. >> juan: i think drinking and driving is a problem. >> dana: it's easier now to not drink and drive.

>> juan: even in the suburbs in some cases. in the restaurant industry, they are concerned because they have a high profit margin on selling alcohol. it's damaging. >> greg: uber is everywhere. >> juan: i hope it's everywhere. i had to go to a lot of parties in washington for many years. my wife just stopped going. she said she would go up and people would meet her, famous people and they say what do you do? >> greg: it is the same thing with elena. i design. i am a fashion designer. >> juan: i don't need this. so what if you are president. >> greg: exactly. up next, why witches are fuming over trump's favorite line of attack on the mueller probe. ♪

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♪ >> the witch hunt as i call it. you know i call it a witch hunt and it's a witch hunt. how long has this witch hunt going on? >> jedidiah: president trump frequent nickname for the

mueller investigation is upsetting actual witches. the witch community furious with the president and dare we say flying off the broom handle. many complaining trump is demonizing and marginalizing the so-called minority group by bringing up its painful history. juan, they witches are saying there was a time in political history when we were hunted down. we were killed were being witches. this is bring up a painful memory. do they have a point? >> juan: i don't -- i didn't -- i don't -- [laughter] i was in seattle the other day walking down the street and there are people who were a coven, i guess. i was so lacking in something. i was a little afraid of them. i guess they have something to say and i understand they've now cast a spell on president trump. they said it was an actual witch hunt, he would be on a beam and some kind of farm house that was cold and killed him mentally how they treated

witches days. instead he is going to mar-a-lago for christmas. >> jedidiah: i wouldn't want to anger the witches. i wouldn't want them casting a spell on me. they make the bigger argument that they are a minority group and like other minority groups that trump has been antagonistic towards, they are speaking for other people and broadening it out. >> jesse: we will have a witch on watters' world this weekend to respond to these claims. you think i'm kidding. i'm not. >> greg: i know you're not. >> jesse: i am very vexed by this whole situation. the president has conjured up a lot of wicked language to describe mueller, the special counsel's cauldron. it's been brewing for almost two years and i bet trump wishes he can wave his magic wand and make mueller disappear. you have 13 angry democrats exposing the dark element. i think trump believes he is

cursed by jeff sessions recusing himself. >> juan: i think greg is having an impact. >> dana: you had a little extra time today. [laughter] you haven't done that for a while. >> jesse: once in a while. >> dana: and makes greg laugh. >> jedidiah: i have anticipated a lot of things with this administration but the which community coming out like this, i didn't see it coming. >> greg: there is some appropriation in the modern which community. the witches were burned at the state, 50,000 were burned or drowned. they were not a protected class. they were not cool or hip. they were falsely accused of being witches. that's the history and they died. it's a terrible part of our history. it happened in america. including europe, 50,000 people. i think witches should be

fighting a real battle over freedom to speak, freedom to practice religion, exercise your beliefs rather than this silly stuff. >> juan: somebody doesn't let them practice? >> greg: i am saying that for everybody else, they should be standing up for everybody else's rights to speak. >> jesse: you took this segment seriously. >> greg: yes, i did. wikipedia makes me slightly smarter. >> dana: i think they could use it to their advantage. the more he says witch hunt the more possibility they have for branding. a lot of people, they could turn it into a positive. if they were smart. >> jedidiah: if they were smart. >> juan: maybe they could wiggle their noses in it will go away. >> greg: i loved elizabeth montgomery. >> jedidiah: sp 27 is next. ♪

♪ ♪ the united states postal service makes more holiday deliveries to homes than anyone else in the country. ♪ with one notable exception. ♪

♪ >> jesse: time now for "one more thing." if you guys remember that david schwimmer look alike that got caught stealing beer in britain? producers -- very funny. this guy is in trouble with the police, he skipped out on his court appearance.

this does not look like me. that's definitely david schwimmer. he faces charges of theft and fraud. he is on the loose, call your local authorities. i'll tease david schwimmer and have the witch hunt. >> dana: over the weekend surfer kelly slater pulled this off, after falling on his board but getting back on it mid wave and finishing out. he is apparently amazing and it doesn't usually happen. this is in hawaii and despite his miraculous move he later couldn't make it out of the semifinals but this is what amazes me. he's 46. >> greg: he's the greatest surfer that probably is living right now. he's been surfing since he was

two. >> dana: do you think it's impressive he can still do that? >> greg: 46 is young for a surfer. >> jesse: can you swim? >> greg: no. i was a lifeguard. i was a pool monitor so legally i wasn't allowed to save people, isn't that amazing? it's time for the true meaning of christmas. a lot of people think i'm a grinch, i do find a special moments from the holiday season that make me smile. i like to understand what it's like to be a christmas tree as this young man did as you see him run and dive -- that was a christmas tree packaging, he got wrapped up with the tree which in some states is considered deviant. we don't condone this, do not replicate this in your christmas tree lot.

i've got animals are great. >> juan: at fox news we report, you decide, take a look at the story of a secret santa gift exchange, here are the basics of the story. a woman receives a blanket and chocolate is a secret santa gift from a coworker. take a look at how she responds in this text message. she googled the price of the chocolate and the blanket and it adds up to 30 bucks then she gets upset because the spending limit was $50. she then asks the gift giver to give her something more, give her the added $20. she said why not buy me a $120 computer tablet? the coworker refused, who was right? who was wrong? in this modern tale of christmas conflict -- i say this woman ends up on santa's naughty list. >> jesse: i say top that. >> jedidiah: i've got some baby humans.

today we have some baby humans, the oak ridge fire department cutest picture ever welcomes six new babies within a nine month period. two boys, four girls, fire department posted the photos from the the month of march fre month of november, we welcome six new members. >> greg: looks like they were starting some fires, know what i'm saying? >> jedidiah: there's something about babies and small animals -- -- >> greg: i've never heard that before. that has never crossed anybody's mind. >> jesse: can we show his guy running through the netting again, i think the audience deserves another -- there we go. >> greg: don't do that, people

people. >> jesse: we are all going to go to the christmas party at my apartment complex. set your dvrs, never miss an episode of "the five," "special report" is up next with brett. >> bret: welcome to washington, i'm bret baier, president trump's former national security advisor is not yet off the judicial hook for lying to the fbi. a federal judge postponed his ruling in an very unusual sentencing hearing accusing michael flynn of selling out his country. and expressing what he called his disgust and disdain. catherine herridge was in the courtroom for the stunning developments today read >> after a dramatic two our hearing, the sentencing was postponed at hise status report in 90 days pending further cooperation and a case unrelated to the special counsel and today the judge would not rule out jail time.