appealing. right? >> i've always been a fan of miami beach. >> neil: look at the time, charlie, look at the time. i want to thank you very much, the man who brought us the tax cut in the trump administration, what he makes of all of this tomorrow. >> dana: hello, everyone, i'm dana perino along with juan williams, jesse watters, greg gutfeld and dagen mcdowell, it's 5:00 in new york city and this is "the five." ♪ covid restrictions crippling small businesses all over the country, many now struggling just to keep their doors open and it comes amid a spike in cases, hospitalizations, and deaths in the country, many states run by democratic governors responded by imposing new lockdowns. new york governor andrew cuomo

causing the latest wave of outrage by banning indoor dini dining. florida governor ron desantis taking a much different approach, calling out leaders pushing lockdowns and telling businesses he has their backs. watch this. >> is a close down possible in january? >> some may want to shut you down, we want to pull you up, we've got your back. >> you should be happy because if we don't change the trajectory we are going to go to shut downs and then your business is going to close. >> if you are somebody who is a waitress or a cook or you are a family owned business, you are an important part of our state. you are working folks who are working hard to make a living, you have every right to do that and you can take it to the bank in the state of florida.

>> dana: jesse, quite a contrast between those governors and governor desantis has of the motto of let's figure out a way to keep people safe and andrew cuomo's approach is let's lock us back down with no discussion. b2 i am eating spaghetti carbonara with a parka and gloves out here while the waitresses and waiters are stuck inside with their family members were 78% of the spread occurs. it makes no sense. governor desantis protected the nursing homes. he made it all about the people, governor cuomo made it all about himself, who writes a book during a pandemic besides you, dana? honestly, think about it. cuomo is a very simplistic approach to this, desantis talks about supporting all the people, the businesses, the nurses, the sick, the elderly,

everyone. that is science-based and compassionate. cuomo is veering from crude lockdown to nonsensical, medical reopening and he's just lashing out at people, partisan enforcement actions and it looks like the only democrat that he cares about is the media and if you look at the numbers, that's true. right now new york and florida have the exact same amount of cases and hospitalizations but new york has nearly twice the amount of fatalities and they have almost twice the jobless rate and just anecdotally, dana, i'm not hearing a lot of people leaving florida come to new york, sounds like it's going the other way so that's what you can look at. >> dana: all right, let me just do a quick fox news alert for you here. the fda advisory panel

recommends the emergency use of the moderna covid vaccine. it still needs a final green light from the fda but that is expected so a little more good news on that front in terms of a vaccine. juan, what about the point about the numbers that if the science is showing and the data is showing that only 1.4% of covid cases are links to bars and restaurants, why not take that into account in new york or in other states that are locking down? >> juan: i'm not sure that the tracing from bars and restaurants is all that great but the point i think is out of control here is that the bottom line is you look at a stately florida, 33 deaths in the united states yesterday, i think it was 120 were in florida so new york had fewer cases of infection yesterday, fewer deaths yesterday and i think that when you look at

governor desantis, you have to look at a guy who, you know, was reading the home of a scientist, formerly of the florida department of health because they didn't like the way that she had been dealing with the numbers and didn't like the way that that she thought they were handling the numbers to so as to limit restrictions but i think the bottom line for me is that no restaurant, no bar can stay open if the virus is running rampant and so what we've got to do is get those numbers down and i think even more so we've got to do something to help those bars, restaurants, stay afloat. we just had a another very high number of people file for unemployment in the country last week and i think it's consequence of that so yeah, what we've got to do is understand that the u.s. government has to put more money into supporting those bars and restaurants and right now in washington you see that fight going on, that fight is going on, i mean the republicans have

been dug in on no aid to state and local governments but i think the democrats have had a built there to help people for months so hopefully we are going to see -- >> dana: i don't have enough time to go through all of that, the deal they are going to get to is one that the republicans put forward in june. i want to play the sound for day again, a restaurant owner in new york city basically marking governor cuomo. >> so this is what were going to be doing now, outdoor dinner or outdoor lunch in new york city from today on. so guys, cheers. >> dana: right there in the middle of the storm. it's not sustainable. >> dagen: no, it's not sustainable, basically shutting down all indoor dining in new york city despite the fact that new york city has the second lowest hospitalization rates in the state. this man is twiddling his thumbs and i'm talking about andrew

cuomo, he has single-handedly i guess killing elderly people was in enough now he needs to kill businesses and kill jobs. this man is single-handedly destroying the state and the city. money is mobile, rich people can and are leaving the state. the taxes that new york collects in personal income taxes are paid by just 188,000 people, that's the top 2%, they can pick up and they can leave and they are heading for florida and what happens, they are getting ready to raise taxes on the wealthy. the tax bases leaving so you keep hiking taxes on a smaller base of taxpayers and eventually you have no one left to tax, what are you doing, it's hurting lower income americans, new yorkers and people who cannot afford to have this

sadistic sociopath destroy their lives. >> dana: we can't have that be the last word, we haven't heard from greg yet. people are kind of scratching their heads in california because governor newsom has everything locked down but a judge ruled yesterday that strip clubs can stay open, especially the ones that have figured out a way to keep things nice and sa safe. >> greg: the restaurants are closed, the strip clubs are open. so what's the message here? should strip clubs start serving food or should restaurants start serving food naked? but we, because of cuomo, are good friends had to lay off their staff and these aren't all white college-educated millennials who can temporarily move back home with their parents until his ends and waited out, these are hardworking immigrants, they

have no safety net, the restaurants employ thousands of these people in the city and they are all screwed and the point is, politicians like cuomo and others are so removed from reality that it hurts. but it hurts everybody but them. it's their own endurance that keeps them from actually understanding how much pain they are causing. every time a democrat tells you to stay home and discard out dining, this happened with the rhode island governor, there has to be a punishment, we have to get them to wear a sign that says i am a stupid hypocrite and that we are allowed to grow soggy, used masks at them wherever we see them because there is no incentive for them to follow through with the behaviors they are enforcing on others. during this shut down, what's holding america together is our patience but our patience is running out, all america has to

do is just get up and go back to work, there's too many of us, they can't arrest everyone. they can't arrest every restaurant manager, they couldn't even stop the looting, right? so if you can let looters destroy small businesses you can let small businesses get back to work. we are stuck in this prison of two ideas, there are adjustments can be made for everybody and you want to talk about politicizing it, 30 minutes ago joe biden tweeted this. "i prepared to sign the covid relief package on day one but i need reverend warnock and john n assad in the senate to get it done. what a bunch of phony b.s. what a stinking liar. not good. >> dana: ahead, so much for

unity, a top biden aid under fire for trash trashing g.o.p. lawmakers with some very choice language. ♪ enjoying freshly squeezed orange juice. now no fruit is forbidden. nexium 24hr stops acid before it starts for all-day, all-night protection. can you imagine 24 hours without heartburn?

♪ >> it really is time to leave the anger and bitter politics behind. it's time for us to come together as a nation to heal. i will be president for all americans. it's time to put away the harsh rhetoric, lower the temperature, see each other again, this is the time to heal in america. >> jesse: joe biden promised unity but his own staff already stepping on that message, trash

talking g.o.p. lawmakers with this attack. "the president-elect was able to connect with people over this sense of unity. in the primary people would mock him, like, you think you can work with republicans? i'm not saying they are not a bunch of expletives, mitch mcconnell is terrible but the sense that you couldn't wish for this bipartisan ideal, he rejected that. and after the backlash, now walking back those comments and saying she used some words that she probably could've chosen better. all right, dana, tell me why after four years of what we've just been through, why i should get so upset with this type of partisan language? >> dana: i don't think that's going to rise to the level of being upset, i want to meet jen o'malley dillon, she's had a very impressive career and i'd like to talk to her about it, she doesn't do a lot of media

interviews and there was only one profile of her done through the entire campaign and the thing is, remember, we talked about women's magazines, they are not going to do profiles of republican lawmakers or republican staffers and i'm sure she felt very comfortable. and that's great, that's fine, the thing is her boss is trying to project an image of unity and if you undercut that by using some language like that worried about lawmakers, that's going to make the headlines. it's fine, you can say it but those are the headlines, that's what's going to end up happening. like joe biden the other night, he does a speech at prime time after the electoral college certified the vote and while he's talking about unity he also talks about abuse of power and was quite dismissive of donald trump. you can do that but if you expect the headlines to be different if you are saying things like that then you are wrong and biden has a pretty

thin skin when it comes to media coverage so i think we should buckle up, there's going to be some more of this choice language out there. >> jesse: greg, i guess dana's point is this, it was about the messaging, not necessarily the message. >> greg: the only reason dana wants to meet her as they are both potty mouths. when a democrat refers to you, that's a compliment because that means you are a fighter about the bigger message here is, if you remember the debate where kamala harris said that biden was racist, where she said "i was that little girl," that was our big moment, she said "it's a debate" and she laughed and the message was, we don't really believe what we are saying, it's all for show, it's all to win.

so i start thinking about that when biden starts talking about the deeper unity and i keep going back to when he called trump supporter's unsalvageable bigots, he had imagery in his campaign commercials so we believe all of those racial accusations were also all for show. and that's kind of scary to think that all of this race-baiting shtick that we've had to endure for years, is completely baseless, they are willing to create violence and riots just to win and election, that's pretty scary. they don't mean it. >> jesse: would you like to react to that? >> juan: i don't know where to begin, we just had proud boys on the streets in washington. i don't know where to begin with

that. i think what's most important of what we heard is that i think in the full context she saying that president-elect biden wants to work with republicans no matter what the left may say in terms of how they think republicans have behaved and i think that biden has been very clear that the tenor of his administration will be one in which he will work for people who did not vote for him. by the way, the idea that republicans would be on the fainting couch because of profanity, my goodness, the last four years of trump, it's unbelievable. go back to where you came from, talking about all of that. that is just -- >> dana: biden donors were the most of that.

>> juan: know they weren't, there was one. he said were things about mitch mcconnell because mitch mcconnell said joe biden's president. >> dagen: feel free to call me a, just do it to my face, i much prefer somebody to come at me head-on and try to stab me in the chest and somebody who says, come over here, let me give you a big hug and then try to shank me in the kidney because that's what's going on here, that unity message is a crumbling stack of cow chips, what she said about mitch mcconnell, he's terribl terrible. you know who has been in debate on two different stimulus packages in the senate? democrats, who cares about the american people? not them. >> jesse: she shouldn't have apologized, she didn't mean it. i have all people can tell when an apology was sincere and that

was not a sincere apology. >> greg: true. >> jesse: aoc ripping into pelosi and schumer, saying it's time for them to go, some now backing that idea. ♪ ♪ i'll be home for christmas ♪ you can count on me ♪ i'll be home for christmas

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♪ >> dagen: the far left knives are out chuck schumer and nancy pelosi, democrat still playing the blame game after down ballot losses, instead of moderating her radical message, congresswoman alexandria ocasio-cortez is calling for heads to roll. >> i do think that we need new leadership in the democratic party, i think one of the things i have struggled with and i think a lot of people struggle with is the internal dynamics of the house. has made it such that there is

very little option for succession. >> dagen: some of the media seem to agree, "new york magazine" saying aoc is right. i know you can eat giant ball falls on this for breakfast every morning, where does this go from here? >> dana: one of the things i was looking forward to most about 2021 was the beginning of the big democrat civil war, i am here for all of it. i think she did everything she could to maybe show that she will be the one that wants to primary chuck schumer because she's obviously unhappy with her time in the house, she thinks there could be more work to be done over on the senate side and so look for them but i also think that when it comes to nancy pelosi, she's had a really terrible year and jesse inspired me, he had a list of the other day, he said he was going through this list over and over

again, nancy pelosi's horrible, terrible year. one, the impeachment debacle, and no one ever talked about it again during the entire campaign, we have that disastrous chinatown coronavirus messaging, remember, she had the green new covert relief debacle, let's do covid relief but let's make sure airlines have to do a missions or climate change, the ice cream interviews, hair salon hijinks, losing in november. all those house seats and admitting that blocking relief was all about president trump, there's only i think 14 days left in december, i don't know how many more things we can add to this list. >> dagen: jesse, you are clapping, go. >> jesse: i'm just so proud of dana, she made a list and

delivered it flawlessly, i have a list here that i have kept every day. i am ready to drop that but aoc reminds me of the millennial who gets a job and six months later goes to hr and asks for a raise and a promotion, if you work in hr you know these people, nancy is not going to give this to you, you have to earn it. if you want to short-circuit this and become governor or senator or get a gig on tv, fine but this is a place where you have to earn your stripes and i hate that she's doing this because she's making me defend nancy pelosi but nancy is not successful because she can just passionately push a progressive agenda, she uncorked these crazy parliamentary stunts to debate republicans, negotiates with the senate, juggles investigations, she has to write legislation, they do all kinds of wizardry in the house to make that thing

work and with age comes wisdom and i don't think aoc has the skill set yet. >> dagen: a lot of what nancy pelosi did this year wasn't so wise. juan, bring it back. >> juan: nancy pelosi, speaker of the house just ran unopposed and will be reelected in january without any opposition as speaker of the house. i mean, to me what's going on here is that you have two understand that alexandria ocasio-cortez has a real point, the democratic party does need new blood at the top. you've got a lot of elderly people especially in terms of house leadership but you look over at the republican side, you look at, you know, mitch mcconnell, john cornyn, which o'connell is in his late '70s, donald trump and is mid-'70s, both parties could use new blood

and get out of this kind of partisan hackery that i think people get locked into. one final point, though, we here talk about a civil war among democrats, how about a civil war between a house that has 126 members saying, we don't believe donald trump was defeated. hang on, let me finish and then you have a senate that says, joe biden is the president. talk about a civil war, that's a dysfunctional divide in one party. >> dagen: this segment is behind about aoc getting behind the wheels of the bus to run nancy pelosi over. >> greg: aoc can be absolutely right about the problem but she's wrong about herself being the solution. the problem with the democratic party is the only energy that they have is coming from the radical side.

what's missing is a radical center, what matthew mcconaughey talked about, the raging centrism is missing and sadly when you are a leftist it's just more romantic to blow stuff up, right? you never have to have a solution, you just can destroy things, hence you have aoc completely hurting her constituency by blocking amazon coming to new york city. thousands of jobs, billions of dollars gone but that's a distraction, it's romantic, she shows up to the man and chose a she could do it but there's nothing to replace it with so i think what the democrats really need is to make centrism more romantic but i think that's impossible. >> dagen: that for now. coming up, los angeles' new radical district attorney being called up by his own prosecutor for his liberal policies that

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if you can't afford your medication, astrazeneca may be able to help. >> juan: los angeles county's controversial new district attorney facing major pushback from his own prosecutor. they are upset over sweeping pathology changes like limiting cash bail and reducing sentences. >> he's trying to affect cases involving child murderers, child, serious cases of people who were murdered, killed, tortured. >> juan: but the new district attorney says criticisms of the plans are "fearmongering." i was curious about this, it comes down to his opposition of

the death penalty saying bail is unfair to people who are poor, not trying juveniles as adults and doing away with enhanced sentencing for people who might be members of gangs. if this is in keeping with what a lot of republican governors and even president trump have advocated in terms of criminal justice reform? >> jesse: absolutely not, this is george soros' version of restorative justice. they don't believe in punishment, they believe in rehabilitation. that damages the felony and when they eventually leave prison, they are more likely to reoffend. instead they let him off early, give him an ankle bracelet and make him take medication and go to therapy and things like that. here's the deal, that just pushed the perp over the victim and the rest of society, these people that most reoffend are

violent criminals and people that commit crimes, sex crimes against children. therefore you keep them there as long as possible and long sentences are a deterrent. criminals don't know much but they know the law and they know if they do something that they are looking at 15-20 four, they are going to hesitate, if they know they are going to get off easy they may pull the trigger and do the crime. >> juan: greg, i'm interested to hear what you have to say about it, is a good social policy to say to rich people, you can get out and saying to poor people, you can go to jail? >> greg: that is not the issue here. if you do not prosecute resisting arrest, the police can no longer do their jobs and you are handing the power over to the suspect who can get away

with whatever they want. a lot of these things have potentially beneficial outcomes. i am actually for rehabilitation but when you mix it with this other left-wing garbage you are putting citizens at risk and there is no skin in the game, he is to be able to feel the onslaught of this decision, he should relinquish all his rights to call law enforcement, they should release the most violent felons in his neighborhood so he can experience up close and personal what it's like to reap the benefits of his own bad decisions. that's my feeling. i think, you know, i can look at the bail stuff, there's a lot of things about the trump stuff that i am for but that's not what this is about, this is about handcuffing the police. this is worse than defunding the police, this is basically making the police useless. >> juan: day again, i was curious about what you think

with regard to young people being tried as adults. obviously to give them longer sentences but less chance for rehab and, you know, preventing them from going back to jail. >> dagen: if you murder somebody and are convicted for it you should be sentenced away an adult one, quite frankly. has anybody been watching, certainly the prosecutors in los angeles have been watching what was going on in new york. we got rid of cash bail for most offenses and crime spiked so quickly, they had to go back and change and add offenses that people would have to post bail for because of the original list included aggravated assault of a child under 11 years of age. you didn't have to put it fail. our sin, no avail. basically, sexual assault of a child, no bail. they had to change it and even now when you have someone who

turns her back on law enforcement, you see what's still going on in new york. shootings, have more than doubled and this is the luxury of the rich, it doesn't touch them and they don't care, those are the idiots who voted for this guy. >> juan: al all right, so, dana, he's interested in justice and rehabilitation, what you think? >> dana: i think he is there in order to carry out the laws, trying to change the laws without going for the process. complaints for that at the federal level, the state and local level that should also be the same, andy mccarthy calls this the progressive prosecutor project. you know, this will end in tears and they will go back to the way that it is before any of the policies get put in place, it might take a while and people are going to get hurt and the people they get hurt the most

are the people that are dealing with crime in their neighborhoods which will go up, unfortunately. >> juan: all right. stay with us. more of "the five" coming at you. ♪ start with all the moms in the world. narrow it down to all the...karate moms. ...with a sudden, desperate need for brown sugar. meaning, you. you're the one we made mywalgreens for. with pickup in as little as 30 minutes. to make saving, shopping...and holiday chaos a little easier. wait are those ninjabread men? hiya! introducing mywalgreens. join for 30-minute pickup at walgreens.com

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usable musical >> greg: welcome back. sorry, lou dobbs, i had no choice but to cancel my christmas party this year. turns out 70% of americans are relieved they wanted to host holiday parties this year. dana, even if you had a holiday party you wouldn't invite me anyway, so are you relieved? >> dana: i always invite you. yeah, i get a lot of anxiety about the holidays. i am already having anxiety about next holiday season when everyone is going to be over exuberant and i am already predicting ways that i can, you know, i get out of having to go without offending anyone.

>> greg: that is an interesting problem, to already be thinking about sending a year from now, only you could do that. fretting over holiday party seems like a small problem but maybe we can look at the bright side, it's like one less responsibility. >> dagen: look, you won't have me coming to your party because i am just a disaster, i am the person who walks up to some lady and goes, oh, my god, congratulations, when are you do? and then she tells me she's not pregnant. that happens a lot, i am horrible at small talk so just be thankful i won't be at your house. >> greg: what i hate about holiday parties is one party cans cancels out like a month of exercise, i never feel good when i come home. >> juan: yeah, it's supposed to cheer you up, greg. the same paul mack says a lot of people are missing the holiday cheer. i think some people, i can deal

with not having to show up as a matter of obligation if the boss wants me to be there. for me, i will get the eggnog, by the way, i am so glad we see mike pence deciding he's going to take the vaccine, i think that's great. >> greg: you know, holiday parties are only for single people, you don't come home and get yelled at, once you are married you can't go to the holiday party. that's my rule. >> jesse: that's a good rule, greg, and i don't have this problem because i am not really known as a host. more known as a guest and i am a great guest at a holiday party, i dance and i am very mary, let's put it that way. >> greg: that's delightful. all right, another fun story. i didn't know macgyver designed a christmas sweater. ♪

>> remind your family you are happy to see them, but happy are 6 feet apart. >> greg: the social distancing sweater goes off with flash of flashing lights and a screeching noise in case somebody gets closer than 6 feet of you. jesse, why not just break wind? it's cheaper. >> jesse: [laughs] yeah, i already bought a couple of these sweaters, i'm just going to slap them on my wife whenever she goes out without me and they will just beep when some guy gets near her. hey, fella back off. >> greg: i do like this idea, it is us publicity stunt, i don't think you can buy them but the idea of an alarm system for a human being seems like a pretty interesting idea that could be explored by intelligent beings. >> dagen: everybody does have an alarm system.

[screams] like that. a really terrific noise. like a cat. >> greg: i am thinking of that right now. dana, would you wear this? >> dana: no, because the noise would drive me crazy. it's too loud, it's got the wrong pitch, it needs a different noise but i think maybe you will see all these different innovations coming out, one of them could be something like this for when you are on the subway. >> greg: there you go. juan, i think one way to just totally ruin this is to throw water on it, wouldn't that just destroy it? >> juan: you can electrocute them. it would be like "home alone." [laughter] so much for personals space invasion. >> greg: yeah, i don't know. all right, we are done. we are done here. "one more thing" up next. ♪

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essential for sewing, but maybe not msrp on this equinox. needles. for people with certain inflammatory conditions. because there are options. like an "unjection™". xeljanz. the first and only pill of its kind that treats moderate to severe rheumatoid arthritis, psoriatic arthritis, or moderate to severe ulcerative colitis when other medicines have not helped enough. xeljanz can lower your ability to fight infections. before and during treatment, your doctor should check for infections, like tb and do blood tests. tell your doctor if you've had hepatitis b or c, have flu-like symptoms, or are prone to infections. serious, sometimes fatal infections, cancers including lymphoma, and blood clots have happened. taking a higher than recommended dose of xeljanz for ra may increase risk of death. tears in the stomach or intestines and serious allergic reactions have happened. needles. fine for some. but for you, there's a pill that may provide symptom relief. ask your doctor about the pill first prescribed for ra more than seven years ago. xeljanz. an "unjection™".

♪ >> dana: all right, it's time now for "one more thing." jesse. >> jesse: i have combined the warm christmas with animals agree. so you know how your biggest fear is someone breaking into your house at night? this woman tha from florida thot there was a cat breaking in. it was not a cat. watch. >> oh, it's a raccoon. [screaming] >> there's my beautiful tree. there's the raccoon. there's the dog. >> jesse: she eventually used the broom on the raccoon. [laughter]

eventually she gets the best of it and there you go. so, you know, sometimes the raccoons lose the war on christmas and the people win. at the fox news shop. go there right now. got the christmas stuff. check it out. [laughter] >> dana: that is one of the best one more things i've ever seen. budweiser, i thought it was great. budweiser, they have a sweepstake. they are featuring dog photos on special cans. budweiser is on the hunt for america's cutest pups. he released four iconic holiday cans this year and one of them has a dalmatian on it. that can has been so popular that they want to expand a line. they have thousands of entries. he is not much of a drinker but

he definitely has the makings of a beer can model. look at that dog. that is a good-looking dog. to enter, you can comment on budweiser's facebook post with a pick of your -- or tweet budweiser. >> greg: you have a can with a dog's face on it? just think about it. it is something very bad. >> dana: i don't know. i guess i -- >> greg: think about the criticism of most beer. >> dana: [laughs] okay, got it. before i'm going to move on he here. so, you know there's snow on the ground in a lot of the country but we've got some hot baseball news for you. take a look at major league baseball. they are recognizing severn leagues that operated in the

early 20th century as fully eligible for baseball record books. it is going to have a big impact righimpact. right now the biggest impact is going to be on josh gibson. he is the winner because they're floating catcher, he is expected to not go to the top of the single-season batting averages with .441 in 1943 and he will also be second career wise for batting average. .365 trailing only the great -- you might think to yourself what about the major-league-ers who are already in the hall of fame. they played in the league's already the hall of fame. >> dana: great story. hey greg, what you got? >> greg: it real quick, let's do this. ♪ ♪ animals are great he is going to be losing some of his show with this one.

all right, let's roll this. unfortunately once again because of the shutdown, people are hoarding toilet paper. this little fellow here. this is a crime. toilet paper is important. we shouldn't be allowing this to happen. >> dana: sorry about that. that is it for us. "special report" is up next. >> bret: good evening. welcome to washington. i'm bret baier. breaking tonight, on our homeland security department. they infiltrated the agency. the hacks are being blamed on russia and attributed to vulnerability and software in a company from texas. significant breaches that officials say have been going on for months. they may actually still be in