probe to wrap up in the new year. and don't miss me at 8 p.m. on fox business network. see you there tonight with the vice-president of venezuela. "the five" starts now. happy new year. >> ♪ >> ♪ >> hello. i am kennedy with jenna, mari hart. and lawrence jones and greg gutfeld. it's 5 o'clock in new york city and this is "the five." >> ♪ >> ♪ >> this is a fox news alert. the illegal immigrant wanted for killing a police officer in california arrested after a massive 48 hours manhunt. the sheriff blamed sanctuary laws saying the suspect had 2 previous dui arrests. and if he was deported officer ron singh would still be alive.

saying the suspect was trying to flee to mexico. two others were arrested for helping the suspected murderer evade capture. police announced this at an emotion press conference with victim's players. >> the suspect was happen hended in bakersfield and taken into custody today by teams from the kern county sheriff's office and other law enforcement agencies who helped us pursue this suspect in pursuit of justice. gustavo perez arriaga, 33 years old, again was arrested during the execution of a search warrant. he was found in a residence in bakersfield. we will get into the specifics of that. i want to introduce officer ron

singh's brother reggie. he would like to share a few words with all of you. >> [voice breaking]. please bear with me. this is not easy for me. [crying]. he was my brother. yes, he is not coming back. but -- [crying] -- there is a lot of people out there that misses him. [crying]. a lot of law enforcement people that i don't know who worked days and nights to make this happen. i would like to thank you from the bottom of my heart. you made this happen. i wish i could thank all of the law enforcement agencies and homeland security in san francisco and everyone, bakersfield team. i was waiting for this to happen. [crying]. i would like to thank you

working day and night to make this happen. [crying]. >> thank you. >> devastating. greg, what does this do to our conversation right now about immigration and the border wall? >> first of all, it's obviously tragic, but it's infuriating because it was preventible. if you stick to the facts. an illegal immigrant was part of a street gang. he had a couple of arrests and murder a police officer on christmas day. you can say illegal immigrants are less violent than the people born here. that's fine. more americans die from heart decease than from cancer. that doesn't mean you don't fight cancer. that argument goes away. if you prevented his illegal immigration, you would have a good police officer still alive.

the media will accuse people like us of using a tragedy to impact political discourse. where did we learn that from? every mass shooting is linked to lack of gun control. the child of an illegal immigrant attempts to cross the country and ends up the hospital, it's because we didn't treat these people correctly. we learned this. perhaps we should be using these tragedies. what else can we do? this is preventible. what is infuriating, it happened while we were having this discussion. we have been having this rolling discussion for 2 years about this. it happened. if only someone had listened to us before he would be alive. it's something -- people go you are using this. no, this is evidence that something has to be done. >> marie?

>> i think what we have seen this week with this case and one of the cases greg mentioned, the children who died in custody, and kate in san francisco, the countless stories of people who go to great physical dangers to come to this country, is that the lack of an immigration policy that works in this country is tragic and heart breaking. it has trageic consequence. >> what do you say to the people who argue that sanctuary city protect people just like this. not hard-working illegal immigrants doing to get a foothold in the country to make lives better for themselves and their families. but for people like this who have prior arrests and should not have been in the country and putting lives at risk with dui arrests. they are shielded? >> we need to take a look at

everything. and try to figure out what the solutions would be. is a border wall a solution? there are republicans from texas who said it would not be a good solution. there are smart people who not believe this is the right solution. is cracking down on sanctuary cities have an impact? i don't know the answer. what is so frustrating about this shutdown we are obsessed with this one thing. the wall. can we get daca for the wall, which i think would be a good tradeoff. is the wall the right thing? what role do sanctuary city play? what about daca? what about visa over-staging which is a huge problem? that's tragic. we get bogged down in the day-to-day. both sides go to equal extreme

opposites and nobody comes to the middle. >> we know that mexico won't pay for the wall and we won't have a wall over the entire border. that's not going to happen. both sides know this won't happen. we know that the president is going to get some type of border security. >> we will talk about border security in a little bit. let's talk about this officer. this is tragic. this happened at christmas time. every law enforcement family in the country fears that. that's the biggest fear, that the person you love who wears a uniform to keep others safe is not going to come home. his family and department are devastating. are we having the right conversation? >> that's a great point looking at a 5-month-old and watching the video. people forget that law enforcement officials are a

family. they go out every day and risk their lives. there is no way you could watch this and somehow step back and defend sanctuary cities. that's a part of the conversation that should not be happening. there are good people on both sides of the debate on immigration and even the wall. you will watch this and defend a sanctuary city and mayors like the mayor of oakland who lambastes "ice" and says i will give you a warning to protect you from "ice." there are people in this country with a known record which they are allowed to exist here. you have to prevent them from being able to get here and not being held accountable for what they are doing. >> part of what she is saying did you need a better system.

the government failed terms of immigration. this guys knows if he was arrested he would be deported. it would be his 3rd dui arrest and he has a gang tattoo on his a arm. >> crimes like this happen because if you take a symbolic stance. a sanctuary city is a symbolic system. never mind that elevates risk. the whole thing is a travesty because it's designed to make certain people feel better while you pay the price. >> when the media coffers this. when i looked at the headlines of this story.vers this.

when i looked at the headlines of this story. and then you have trump vilified every day for talking about the wall and drug trafficking and gang violence. >> do we know he came in through an illegal port of entry? >> the details are still emerging. a police officer killed by a citizen is also tragic. both sides are good at vilifying the other. these children that are dying in dhs custody. that has to stop. >> the second one was in a hospital. that's people trying to save their lives. >> you -- >> no. >> [overlapping talking]. >> under our laws, showing up and applying for asylum is still legal. if we want to make that illegal, we can change the laws. the immigration system in our country needs fixing.

>> it does. >> [overlapping talking]. >> [shouting]. >> [overlapping talking]. >> why isn't nancy pelosi saying the first thing we are going to do is fix immigration? they are going to put the shutdown in the president's face to show they are resisting. resisting is not fixing immigration. >> they are not getting paid because of the shutdown. >> i was the times man of the year. we have seen a 12% increase in police killed in the line of duty from 2018. that's where the risk is. in every one of these stories, it's the guy who gets there first that gets shot.

>> we will get somewhere first. that's the government shutdown. it's not stopping nancy pelosi from vacationing in hawaii. >> what? >> we have all of that next. stay here. ♪ what a year. your home improvement "to-do list" still isn't "to-done". but hey, at least you still have time

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>> president trump threatening to seal the southern borders after talks stalled. and skipping his new year's eve party in mar-a-lago due to the shutdown. nancy pelosi is not in d.c. she is on vacation. white house press secretary sarah sanders going after the democratic leader earlier.

>> right now what we have seen from her, she is unwilling to do anything until she gets her speakership. she is more willing to protect that than to protect our borders and american lives. >> and republicans calling senator chuck schumer a hypocrite for comments he made about border security in 2009. >> illegal immigration is wrong. until the american people are convinced we will top illegal immigration we will make no progress on dealing with the millions of illegal immigrants who are here now and on rationalizing our system of legal immigration. we must do as much as we can to gain control of our borders as soon as possible. >> [laughing]. >> lawrence, i have been thinking for a couple of days. is there a possible deal to be made here?

the president gets $2 million for the wall? >> million. >> $2 billion, i'm sorry. >> [laughing]. >> it's friday, guys. in exchange for something like daca? it's clear once the democrats take over on january 3rd, they can pass a clean funding bill with no money for the wall which could pass the senate. could that deal work? >> no, i don't think a deal is possible. they don't agree with the symbolic measure. they don't believe -- the whole theory of the wall and the campaign trail is going down the escalators, all of that image to their voters, they can't do. that they will never give him the wall! because of the symbolic measure. but i think this highlights something. looking at chuck schumer, what changed with him and with barack obama? something had to change. i started the last segment saying i feel like the entire

debate is disinagainuous. they know you can't have an open border. >> it's interesting. i like that chuck schumer is being confronted with his own words here. as we make resolutions for the coming year, you have to look back on the resolutions you made last year. >> uh-oh. >> did you fail? and the year before. that's what democrats have to do. they talk a big game. for a lot of their voters this is a nimby issue, not in my backyard. he act so self-righteous and thinks he is so much better than the president arguing about immigration. i may agree with chuck schumer on certain points. what he said a few years ago. people who come into the united states without our permission

are illegal aliens and they should not be treated the came as people who entered legally. >> he probably still believes a version of that. one thing democrats push back on, we feel like the president is just saying the wall will fix it. the wall is the end-all and be all and mexico is going to pay for it. now taxpayers have to. >> that's a fair point. i think it would do him justice to talk about the other issues as well. you talked about what changed. one thing that changed was trump. trump made this a prominent issue. republicans don't put this as a lead issue. he was out on the campaign trail talking about immigration first and talking about how mexico will pay for the wall which i thought was a mistake. he put it front and center. everybody that loathed him had to hate that policy.

chuck schumer sounds like donald trump in that clip. he is echoing the same talking point. because this is trump's issue and the wall is a priority for trump, when they oppose trump, they have to oppose that measure. i wonder how much is opposition to trump or opposition to the actual policy. >> the president has talked about immigration in terms of filling some of the labor shortages. he talked needing workers. you are never going to hear press cover the kind statements he made. the president talked about the wall as a force field. >> that's right. >> it's not a force field. it won't stop every type of illegal immigration and it won't stop drugs because they come in through the main ports of entry. that's not the best way to

combat the drug problem in this country. >> yes. >> this is why the argument doesn't go anywhere. there is a weird fallacy that if somebody says the wall won't prevent x that negates the premise of the wall. the wall won't prevent over-stayed visas but a fence won't prevent a falling rock. you can say if you want something, here's what you do, you put up a fence. and here's what you do for the over-stayed visa. that argument is gone. you can use the fence for this. we should move on. we can't when it's personal. this is now personal. there is no reason to reject a comp nice. donald trump is willing to make a deal because he likes making deals.

let's face it, he's moving to the middle. any time you embrace daca. he will make a lot of people mad. he is willing to do anything for that wall. it's idiotic that the democrats -- he knows you can get piece by piece. >> that's the question. will he budge? >> yes. >> for what? >> the point is it's not him now. it's about chuck and nancy. this is like a divorce that stays together because of the kids. what you need right now is a mediator. to come in and there and has to be an engineer who tells you exactly what is needed for this specific parts of the country. god knows these politicians don't know what it is. they sit there and fall back into their same arguments. the wall won't fix x. we will deal with that. here's what the wall is good for. they have walls around their compound and their swimming

pools and wherever she is staying in hawaii has a wall. >> you are right about daca and conservatives. if daca means amnesty. >> right. >> if the dems were pushing this agenda it would be hailed as a humanitarian effort. it would create more jobs. it would create a pathway to citizenship. but trump is doing it. any time trump does anything, the media has to hate it. >> we will see if he veto a bill once congress comes back in a few days. we will keep watching it. in the meantime, some in the mainstream media going after trump and his surprise trip to the iraq. that's next. stay tuned. i've always looked forward to what's next.

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>> the media is still talking about president trump's surprise trip to iraq. some of what they said. >> the president signed a campaign red hat. his make america great hat. >> the president has confused this trip with a campaign rally. >> he told me i am getting a 10%

raise and i only get 2.6% raise. >> the man does not believe in what america stands for. >> what did you make of that address that donald trump gave in front of u.s. troops in iraq? >> i thought it was >> we turned on cnn and saw the president politicizing a christmas message like grinch. >> new shots at the president. >> it's up to us to decide what his news value is. he devalued the currency of his word. not just with the tweets but with his interviews. >> these are turbullent times for donald trump. >> the president talks about the economy. this is one area that left to his own devices, he is pulling down the economy with. >> okay? [laughing].

>> greg, i will go to you first. it's a fair point to criticize the president for telling the troops that the percentage was higher. >> that's a big deal. >> i said it's a fair point. the "washington post" said that he was shrewd in secrecy. the president of the united states. they have to take precautions. isn't the media is just all over the place? >> they don't like trump. it's been going on for 2 years. no matter what he does you will hate. the thing you have to be alarmed about is the growing trend that people find value in narcing on others. it's in social media and schools. it's on the street. people narcing on other people and turning everybody into gladys the next door neighbor from "bewitched." cnn is the nation's hall monitor.

they can't see what they have become. they are thinking on troops because they brought a hat? how low are you to make that a concern? there was another guy at cnn that would right to twitter about donald trump's tweet. did you see his tweet? these are grown men and women. >> [laughing]. >> who crawl over decades of tweets and celebrities and comics, you name it. we are becoming a nation of gnashings. -- narcs. trump made a mistake. but it's the hat. i am talking about the incident with the hat is a bigger issue. cnn has bad breath. somebody has to tell you have brad breath. use a mint. >> they said he devalued the

currency of his worth. >> that's ridiculous. if you are picking on that. >> that one moment. >> and then the hat. i don't know if that was right. what the military members did and him signing hats. if that's what you are picking on, everything else is going well. if the economy was a disaster or worried about terrorism, you would not be talking about this stuff. you are talking about this stuff because everybody has more money in their pockets. they are not as worried. >> that's not true. >> this was a moment for the troops. they were so excited. they enjoyed the president. >> i don't care about the hat. we should focus on the fact -- >> what about the hats don't you like? are you anti-hats? >> no, the pay raise bothers me because he said some to the troops that was not accurate about their own pay. >> don't you think they know?

they get the paychecks. >> the president now says things so frequently that are not true. what he says has lost some value. it's a bigger problem. >> but, bigger problems are undercut by the idiocies on your side that chase hats. i agree. i am trying to figure out how he got it inaccurate. it was the largest increase in 9 years. >> he said you have not gotten pay raises for a few years and that's not true and you are getting 10% and that's not true. because you don't like the people making it you dismiss all of it? >> no. >> the thing i found most telling was when april said about the president bringing down the economy. that means that april ryan is a

bad person because she is hoping the economy does bad so he loses in 2020. when the economy does bad, people die. there are vulnerable people who not live. what is she looking at? >> the dow. >> his comments about the fed. >> [overlapping talking]. >> his comments that led to volatility in the stock market. >> it's not his comments. >> yes, it is. >> i will have my time. you had your time. the fed is raising rates. the fed operate in secret and manipulate our currency. it's un-american. central banking is horrible. the president pointed that out. i don't agree with a lot of

stuff he says, but this is somewhere he is absolutely right. it's the fed themselves that are doing this. you would have a better argument if you say the president and the way he is dealing with china and trade, that's an issue that you have some ground to stand on. here no. april ryan wants the economy to fail or is not very smart and doesn't understand basic economics. >> i think that message was brought to us by rand paul. >> new york city turned a bizarre blue last night and the fastest 7 is coming up next on "the five." need a new book for y son. stories. stories or quotes? time for a rhyme? or not rhyming's fine. no rhymes. skivvies. gadgets or skivvies? boxed set? perfect! nobody knows young readers like we do...

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world. >> was it scary? >> it was scary. did anybody see this? >> no. >> i questioned whether it happened. >> [laughing]. >> thanks for that. >> i was sleeping. i saw it. it looked like the end of the world movies. a bluish green. do you believe it? >> i believe they are killing smurfs over there. you know what? what is great. everybody thought it was -- everybody was joking about it. when the real apocalypse comes they will be on twitter joking about it and die. >> what do you think? >> this is how they soften us up. the aliens are coming. they ease in a few stories.

retired air force guys say this was real. the movies become more realistic and then mars attack. >> i am not buying this stuff. that bluish. >> [laughing]. >> in the movies -- >> it was like that. >> i think i might have had a small panic attack. there are two kinds of people that panic and the people that don't. >> and the people that drink. >> that's true. up next. remember trying to get through homework as a kid. one six-year-old found a new way to get extra help. check this out. >> alexa, [inaudible]. >> that's's young boy. thought about using alexa to

make things easier. this kid is smart. do we trust alexa to give the right answers? >> the kid sound like my mom on coke. you are too smart for your own good. i like this. these kids are given way too much home work. >> what? >> you have to use your resources. alexa is a good resource >> it's like a modern-day calculator. his mom called it cheating and i think the kid is smart. first grader. probably waited too late in the game. he figured out that alexa had the answer. my 8th grader does the same thing with siri. i said you can't do that. she said yes, we can. figure out how to use a calculator. anyone can go -- this mother

videotaped it. >> i would not know whether to punish him or reward. that's creative for a first grader. >> this is like an old story made new with technology. 15 years ago it was students using google. alexa is google for your ears. the question is: is figuring out an answer and finding the answer is, is there any difference at this point? maybe this is the way it's supposed to be. free up your brain for other things. you don't need to figure out answers anymore. all you have to do is find them. all the answer ises are on our phone. you don't need math. >> what if you have no service. >> that will happen in the blue apocalypse. >> one more. finally a huge new year's eve show coming up.

kennedy is serious about it. she decided to whip her co-host into shape with a boot camp. >> we are using drills. you will be interviewing with machines. 5, 6, 7, 8. you and them, you them. what is your major mal function? >> my arm is tired. >> kennedy the things you have to do to get people to do their jobs. >> i hope jenkins is not complaining like that on new year's eve. i hope he soaked his elbow or has tommy john's surgery. he will need to interview the million of people. >> lawrence, you will there too? >> i will in new orleans. >> i will be in new york city. we will party and kennedy will be yelling at us. >> it will be warmer than last year. >> anything will be. >> sam the butcher's meat locker will be warmer. >> hello. >> "fan mail friday" is next. ♪

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>> "fan mail friday." you know the drill. first question from john baker

if that's his real name. i am not sure. what did you say no to that you now sometimes regret? all right. maria? >> i knew you were coming to me first. i have no answer. >> come on! you know what. you should have regretted answering this question? >> that's my answer. >> this is not a game show. kennedy? >> i said no to a date with quenton tarrantinno in 1994. it was right when pulp fiction came out. >> he would stare at your feet. >> now i really regret it. >> lawrence? >> what is that crypto-currency. bit coin. when it was buzzing. an investor told me to get involved and i didn't. i regret. that i could have gotten more money. >> you don't know yet?

>> i studied abroad in high school in italy. i was shy and terrified. i should have went there and been scared and eaten all of the pasta. >> have you thought of anything? >> no. >> then you have led a full life. what i regret about 10 minutes before the show started. lou dobbs offered messcaline and i said no. you don't regret anything i said no to. i think it's good you say no to things. you could have gone on a date and gotten hit by a train. >> yes. >> and i would show up with jupiter in my hair. >> if you had to have one song play in your head for the rest of your life what it would be? >> oh! >> all right, can you answer this one, kennedy. >> mozart. >> girls just wanna have fun.

>> the ohio state fight song. >> very good. >> thanks for applauding me for coming up with an answer. >> dear momma by tupac. >> that's a sad one. >> it remind me of my mom. >> that's nice. >> oh. >> honey bucket. it's in my head all the time. i always have honey bucket in my head. is that strange? this is i good one. from david s. how do you keep calm? lawrence? >> i listen to the ocean at night. i cook. it calms me. at night time when i need to go to sleep the ocean. >> do you cook seafood? >> yes. >> listen to the ocean and kill what is inside it. kill it all! marie? >> running helps a lot and drinking wine. >> [laughing]. >> not at the same time.

>> [laughing]. >> you could run to the liquor store and lift weights with the bottles. >> that's what i do. >> i don't keep calm. i am terrible at it. nothing i do calms me. i am a walking wound up telephone wire. >> wow! kennedy? >> good old-fashioned meditation. >> oh, i meditate. sometimes it gets me crazy afterward. >> it can. that means you have craziness to process. if you keep meditating it will slowly melt away. >> i meditate at night about the beach. >> i sleep on the beach. >> i don't keep calm either. being calm is over-rated. >> [laughing]. >> we have time. yes. "one more thing" is up next.

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saturday december 9, 10:00 p.m. you will love every piece of that show. and more. >> i already do, because it's the advertiser for new year's eve. so excited to be broadcasting live from times square right here in glorious new york city with my cohost this year, and of course, kicking off the main event in the 8:00 hour. jedediah will be there, lawrence jones will be in new orleans and we will also have tommy merin, tyrus as well, -- >> kathy griffin? >> kathy griffin will not be there. but nancy pelosi may be making an appearance on the show. not saying what she's doing but, can't wait for it. >> i want to introduce you to nutley, who is the sweetest 7-year-old chihuahua. he was born with just his back legs and he was abandoned, and was rescued. now he brings joy as a therapy

dog to be done like children at the medical center. walks around and goes from room to room for people who are also struggling or kids who are in castes who are struggling, to say, i overcame my struggle and you can, too. people will underestimate often times how much these animals can bring to people who are in hospitals. >> that's a cool nickname. >> he's kind of cute. he looks very well happy and vy well taken care of. and he's beautiful. >> he's got buns of steel. >> he really does, quite the fitness pro. >> staying on the dog theme, even though i'm a cat person, the "the daily briefing" dog, spike, if you follow them, spike and his companions got a sneak peek at the new york, new york, times square ball. i can only imagine how fun this

was with these dogs. they had the lights and these huge things out there in times square. if you look at that, spike and his buddies got to go on a field trip, which i love. >> it's a dog's life. >> they are getting ready for new year's eve. because these dogs don't know it's new year's eve. i want everyone to know that. they do not know it's new year's eve, it's just another loud evening of obnoxious giant things that are taller than them and make a lot of noise and light off stupid things and they just want the sound to go away. no animal likes new year's eve, they don't like fourth of july. they crawl under the bed, as do i. >> you know what they do like? treats. >> yes they do. >> you just ruined that moment. >> lawrence, you did not have an easy task this evening with "one more thing." >> my friend bree payton, a

frequent guest on television news including fox news. she sadly died after a sudden illness. bree was born june 8th 1992 and tragically passed today at the age of 26. she was kind, she was smart, and she was truly the life of the party. the california native is survived by her parents and her four siblings. >> i think we all knew her from various shows. she was on your show and my show, we've all worked with her. it's a terrible shock. it's unbelievable. >> she was an absolutely beautiful soul. i loved having her own. it's just tough for her family and that family as well. >> bree, we will miss you. my story for bree is, i spent her birthday with her this year, after kennedy's show, and she

was so kind. everybody loved her because she was a genuine soul and she really cared about all of you guys out there. bree, we will miss you. >> rest in peace. eternal be her memory. "special report" is up next. >> bret: this is a fox news alert. the illegal immigrant accused of killing at california police officer has been captured and we are learning that this was not his first arrest. good evening, i'm bret baier. the suspect was caught just a few hours ago near bakersfield, california, after being on the run for two days. investigators believe he is responsible for the murder of newman police officer ronil singh who migrated to the u.s. legally. in an emotional conference this afternoon, the stanislaus sheriffs that things could have been prevented. all this happening as we head into a long weekend with a stalemate over the fight over border security. fox team