similar states, those laws will be ruled unconstitutional. i think there's going to be movement here and it won't please everybody. >> neil: it's a divisive issue whether you remember it or not 50 years ago. some changes, maybe big ones afoot. i want to thank them and you. here's "the five." day day hello, everyone i'm dana perino and jessica and jesse watters and greg gutfeld. this is new york city and this is the "the five." ♪ ♪ president biden and his administration being accused of ramping up hysteria around the new covid variant. the white house announcing today the first case of omicron was detected in california while the president is urging americans not to panic the white house is set tos impose 60 mandates and seven day quarantine people

entering the country including u.s. spins. airlines passenger names and personal information if they have recently traveled to certain countries in southern africa. jen psaki was asked about the white house's latest effort to curb the virus. >> is the idea that you want people now to kind of wrap their heads around that the president instead of shutting down the virus is going to help people live amidst the virus and go about their lives but covid is going to be here? >> we are all sick and tired of this virus but we need approximately 20% of the population or more people than are currently vaccinated to go get vaccinated and go get boosted. >> there is also an appearance by dr. anthony fauci at the briefing room and peter doocy asked him this. >> as you have advised the president about the possibility of new testing requirements for people coming into this country, does that include everybody? >> the answer is yes because you know that the new regulation, if

you want to call this that everybody and anybody who is coming into the country needs to get a test within 24 hours of getting on the plane to come here. >> but what about people who don't take a plan plane and just these border crossers coming in different numbers. >> that's a different issue. >> dana: that's a whole different -- judge jeanine? >> judge: i have got tell you the whole thing is crazy. we have got to live with cody. we know what it is. we know what we have got to do. i'm going to say this openly. i had covid and my cancer doctor, i had cancer, he said to me you have got to get the vaccine. have you got to get both of them. so i did. i did what he told me to do. but everybody know what is they have to do. and the doctor who found this in south africa said i am absolutely flabbergasted at the extraordinary reaction of everyone in the world over the hysteria in the markets and blaming supply chain and all of the impact it's having on

people. here's the bottom line. the courts are against the biden administration. louisiana and missouri and i believe now kentucky healthcare workers don't have to take the vaccine. that's on hold. and big companies don't -- can no longer force their employees to take the vaccine. federal judges are blocking it left and right. and, you know, the bottom line is enough of this. we know how to live with it. i'm not saying it's not dangerous. i'm very careful. i'm older. but, at the same time, enough of this. you are going to close down restaurants now. people are going to be afraid to travel now. now next thing you are going to tell us how many people can be at our dinner table for the holidays. nonsense. >> dana: come to your house. aren't you hosting everybody. >> i'm hosting everybody at my house, the more the merrier. >> dana: speaking of the courts, jesse i made a list for you. >> jesse: read it. >> dana: some of the things that president biden has done and then the courts have rejected there is deportation moratorium. there are attempts to block states using the american rescue

plan funds to cut taxes. that got thrown out. remain in mexico. moratorium on oil and gas leases. eviction moratorium. nationwide osha mandate. healthcare worker vaccine mandate and the fact that biden made a threat he wasn't willing to carry out. and the federal workers basically are calling his bluff. now trying to backtrack on it and then omicron upsetting the table. >> jesse: safe to say administration has been bumbling, is that a good adjective, bumbling, would everybody agree, including you blum bling pawns by joe biden. declares victory early and slide back on masks. and then he never wears the mask at the right time and takes it off at the wrong time and then coughs in his hand and then shakes someone's hand. then mad at florida one day and the next day michigan is out of control and he says nothing about michigan. his mandates are getting slapped around silly like the judge said

in federal court. and, he doesn't care will china and takes all his anger out of the unvaccinated country. it's annoying. especially, for instance, if i come back from monte carlo on vacation which i often go to. [laughter] and i have vaxxed. i have been boosted and i have tested negative. i get on the plane and touch down at jfk and i have to quarantine for seven day and not go to sphwhork it sounds good but sounds crazy. luckily the country is not full with a lot of international travelers. you have to be scratching your head because they're letting covid caravans from countries cross over with vax rates in the single digits not only aren't they quarantining or getting tested, biden is putting them in american buses and american planes and flying them to florida and new york in the dead of night or as jen psaki says early in the morning. you can't double bolt your front door and leave your back door

wide open. everybody understands that except joe biden. you mentioned it and doocy mentioned it. you have got to live with it that's what trump said. biden said no, no, no. we are going to crush it. biden comes in, doesn't crush it, and the american people keep watching him not crush it, not crush it, not crush it and they are saying to themselves this isn't working. >> dana: the point about the doocy asked fauci, i think measures, it's pretty logical that there is going to be travel restrictions on u.s. citizens coming up the southern border. you can see it every day on fox news channel. covering it. the border is wide open. >> jesse: i wouldn't go wide open. >> dana: open? >> jessica: opennish. gotten to the where there is a lot of things being discussed and none of them implemented because the american people have said we are done. they're doing what the judge did. being responsible about their particular cases and helping

their friends and family make smart decisions for themselves. what is important to continue the conversation about encouraging people to get vaccinated and get boosted. that's important for the delta variant which seems to be more serious than omicron that's what the head of the south africa can medical association said there. and people now almost two serious in are just taking their own decisions what's best for them and especially what's best for their kids. we can't get back to a place where kids are shut down and schools are -- parents will not tolerate it. >> dana: it's not going to happen, greg. they also know politically it can't happen because they will continue to go down. >> greg: this isn't australia. we run the country, americans run america. in australia the government runs that country. they don't have a second amendment because they have to do what the australian government tells them to. that doesn't happen here. if you look at this particular variant already circulating, no serious cases and no cases that involve hospitalizations, what are all of these things?

they are variables. those variables are ignored in the reporting, i'm going to quote, scott adams it's been a while. his theory of -- single -- it's single variable thinking. so if you read the headlines right now. first case in the u.s. track the variant spread. first case appears in california. so now it's going to be tracked state by state. so what they're doing, if you google this, the first case, you will get thousands of hits. they are all identical. they are cbs or npr or cnn, they have one thing in common. only tracking one variable. that one variable is the variant. they're ignoring severity, sickness, hospitalization, co-morbidities. this is the way it's been reporting since the beginning. this is something that drives most bad journalism. if you look at, for example, killer plows through parade. what's one variable? suv. that was the variable. police suspects interaction interaction ends in death. what is the single variable?

race. so you can't -- then you have a new virus detected. only one variable. >> we have existence not severity. all these other stories are able to perpetuate as long as you focus on one variable at the expense of all the others swlawvment is a group of bureaucrats who are telling you there will be no return to normalcy because they got a taste of power and influence and as long as they push that single variable, it will never end. it's like taking candy from a baby if the baby was like a baby crocodile. it ain't hang. >> dana: snapping jaws. >> greg: my nic name college. >> dana: more in the break. >> greg: exploding dana head. >> dana: i wore the wrong color blue it worked fine on "america's newsroom." passing the buck while americans get squeezed by higher prices. we'll be right back. ♪ ♪

'.

>> greg: that's the new thing. inflation, spiraling out of control. and americans are concerned about the economy. but president biden says don't believe your lyin' eyes. and is now blaming republicans for not doing anything about it. >> a lot of speeches about high prices, supply chain and other challenges we are facing. but they don't offer any answers. so they are just doing the no vote. if you watch the news recently, you might think the sheflts in all our stores are empty across the country, that parents won't be able to geto get presents for their children on holiday -- this holiday season, but here's the deal, for the vast majority of the countryhat's not what's happening. >> greg: you know, judge, i would call that comment feeble but i don't want to insult feeble people across america. >> judge: i agree. >> greg: the fact that he is expecting republicans to have the answer when he is the president ignores republicans anyway, that is just b.s. up the -- >> judge: that's crazy, the truth is, i mean, he is the one

who is in charge. he is the one who said i have 47 years in congress or whatever and i know what to do i have all the experience but i'm waiting for the republicans to give me an answer on this inflation here is the bottom line that we're lying, all the media is lying you, the shelves is full. i don't know if he has a problem but the shelves are not full. we have a supply chain problem. we have got all kinds of problems. the prices of goods going up. people want to make more money. they want more in their wages and they are saying that this is only a transitory problem. and even fed jerome powell pushed back and said it's not transitory, guys. this is more than transitory transitory to the average person it's going to get better. if you think it's going to get better i have a bridge to sell you. it's not going to get better. this is like the 70s. he doesn't have a plan. highest inflation in 30 years. no good news to tell you and he is wrong.

>> greg: speaking of inflation, jessica, you are pregnant. and i noticed -- you are with child you have become way more conservative. i have noticed this. have you noticed it. >> jesse: i have noticed it. >> greg: this is what happens. you have more responsibility. you are carrying a very special bundle of joy. >> an expensive one. >> greg: going to get more expensive because of your president, joe biden. >> jessica: i'm happy to pay more to have the gift of not having donald trump as president. tbd on how conservative adulthood is fully upon me. but, for now, still a little radicalized. the thing is every president has to deal with this the frustration of this is what is going on in the country. i'm doing everything that i think that i can and people are not seeing it my way. >> judge: what is he doing? >> when he says to people it's actually fine and they are telling them it's not fine for me at the gas pump. not for me at the restaurant.

not fine for me in the grocery store. i remember the frustration when we had the first supply chain crisis at the beginning of covid president trump is like nothing is wrong. it's happened to every single president. you can't win elections by telling people they are wrong. it just doesn't work it we got a little bit of that in virginia. margins in tighter in virginia than we would have liked. there has to be a move here. transitory and jerome powell did push back and other economists are talking. there has to be a clearly laid out plan. people have to understand how build back better will help. american less could you plan bipartisan infrastructure plan. how much will that pump up the economy. how much jobs will that create? will that be green jobs are replacing coal jobs? that won't be good enough. and the plans have to be very clear before the midterms for sure it could be a very dark holiday season which is never good for people in power. >> greg: jesse, i think he was talking about you. he was looking for answers from

republicans. >> jesse: you come to the right place whenever someone says that the other party doesn't have a plan it means they do have a plan they disagree with that plan. the plan the republicans have is stop spending trillions of dollars and make and buy things in america, special american energy. i went shopping for my daughter at the apple store. wanted to get a little ipad mini it will not be here in time for christmas. christmas is a month away. like geraldo, my daughter won't have a ipad mini. hue is she going to watch me on "the five"? can't catch "watters' world." >> jessica: you let your daughter watch "watters' world"? >> jesse: you should hear the things she repeats. joe biden got up and lied said was prices have come down, they have not. he said wages are up, not adjusted for inflation, he says the build back better plan doesn't add to the deficit. of course it does. so, he comes out and lies and then he lies about what the republican plan is donald trump

would say i'm the only guy without a guitar that can fill up the stadium. fact checkers elton john had a piano. i'm not supposed to be throwing pinocchios around. this is easy stuff to fact check. >> greg: where is daniel dale? >> jesse: who is that? where is daniel dale? being. >> jessica: not elton john and silly stuff. >> greg: dana, wrap it up for us in a deep pink bow. >> dana: i want to get one thing straight. these were the remarks that were canceled on monday? >> greg: that's a good point. >> dana: i don't know what was different monday that he could have said today. heard from the ceos, everything is fine here. i find that hard to believe. did i want to mention one thing. i thought madison alworth one of the reporters at fox business. i had a chance to talk to her

today. she was going out to talk to a caterer who was having all of these problems that inflation and the cost of all of the food items that they have for their big event like lobster or steak are way up. but they are in contracts with people that are having weddings and parties banquets and things like that. she barely survived -- her business barely survived covid and now she is basically losing money by fulfilling the contracts. >> judge jeanine: predated contracts from a year ago. >> dana: interesting problem. >> greg: interesting problem. i will get the caterer. >> judge jeanine: i will live in ry who is it and i will let you know. >> greg: cnn anchor chris cuomo reacting for the first time after getting thrown off the air. ♪ ♪

>> man: what's my safelite story? my truck...is my livelihood. so when my windshield cracked... the experts at safelite autoglass came right to me... with service i could trust. right, girl? >> singers: ♪ safelite repair, safelite replace. ♪

♪ hold me like you'll never let me go ♪ because i'm leaving. >> judge jeanine: depressing. >> greg: it is depressing. the worst choice for "the five." >> jesse: i didn't pick the song. >> judge jeanine: if that's the theme. from now on i pick the song. >> jesse: cnn's cuomo crisis hitting a tipping pointment the lead anchor getting suspended after text messages show he was trying to dig up dirt on the women accusing his creepy brother andrew wants sexual harassment. he was forced to address next to none other than jeffrey toobin, the guy who was indefinitely suspended for exposing himself on a zoom call. >> greg: seriously. >> and chris is now talking about his suspension for the first time. listen. >> you know this already. it hurts to even say it.

it's embarrassing. i have apologized in the past. i mean it it's the last thing i ever wanted to do was compromise any of my colleagues so i'm not going to talk but about this anymore. right now, let's just get after it. >> jesse: if you thought cnn would do an honest and thorough investigation. it doesn't sound like that's going to happen. >> it's a complicated situation. i think the bottom line is that cuomo is on the bench for now. we are heading into a holiday season. i think it's possible we will be on the bench for several weeks. it's possible he will be back in january. >> jesse: back in january, greg. >> greg: well rounded answer. you know, how sad -- how shallow is the cnn bench that when they are doing a handoff during a scandal they have the guy on set who is fresh off another cnn scandal. it's like they have the most shallow bench. i say cnn is pulling our leg, which is a definite improvement over toobin's choice.

the bigger problem is their bench. we know, this fox had some big name exits. but the network grew stronger likely because we have pap larr engaging gorgeous telegenic hosts so they don't have -- they might put brianna keller 9:00 all they heard was crickets because you know she. >> jesse: so unfamous we don't get that obscure reference. dana? your thoughts? >> dana: i think what became clear was that not only did chris cuomo lie to the audience. >> jesse: yeah. >> dana: he lied to the executives. >> jesse: yep. >> dana: and i also think one of the reasons that he said he is not going to comment any further is because there is probably more to come. >> jesse: oh. >> dana: the accusers of andrew cuomo are furious and embarrassed and humiliated. you think about it. if you are one of the young

women that andrew cuomo accuser now you know his brother brother on cnn is calling around to dig up dirt on you? think about adding insult to injury that would do it. that's why i don't think he will be back. >> jesse: you don't think. >> dana: i don't think. >> jesse: judge jeanine, do you think he will be back. >> judge jeanine: the thing that concerns me jeff zucker didn't seemed concerned at all what was going on. if you recall, he already appeal guised once. okay? now we have this second apology. i don't know what the bosses are going to do, but what i do know is that what dana is talking about is are the women victims. and when you have the male institutions whether it's the governor's office, and then you have someone who is, you know, on a 9:00 show on the big network, whatever, you have got the males going after the females.

and i think it's a bad situation. i think they are very powerful and i think they have been led to believe that they're powerful. and if is he allowed to come back, then that is a very, very bad signal to women. >> jesse: yeah, there was reporting, jessica, that a lot of producers and staff members at cnn were not happy with what's going on here. >> jessica: i would expect not. if you are someone who gets into the news business to do the news, you don't want to be caught up in this. you don't want to be working for people that are behaving not up to journalistic codes. those things do still exist. >> greg: not at cnn. sorry. >> jessica: that's okay. i was expecting it quite frankly there are people on the staff of other shows who do hard news shows like jake tapper who have spoken out throughout the range of this scandal saying these are things that bring a bad look upon the entire network and that matters. i wasn't on yesterday but i saw the coverage of what was said and i'm going to defend cuomo a

little bit here. i saw a lot on twitter. it's his brother. what would you do for your brother? take a leave of absence for my brother. i would do anything for my sister. and that would start with resigning for my job. whatever amount of time it took to help her with what she is dealing with. that's not about covering anything up. i'm a journalist. this is if i'm chris cuomo. i'm a paid person don't tweet you are not a journalist. there is an order to this. and the order. >> jesse: wait a second. i think greg's point is he wanted cuomo to stick around content exclamation point. >> greg: he has to stick around for my sake because he helps my ratings. to say your point, i have got to stop saying to your point. >> dana: we all do. >> greg: cuomo legitimate one it's family. what about the rest of the media? what was their excuse for ignoring the rest home crisis or

engaging in cuomo sexuality? they weren't relate dodd him. >> judge jeanine: that is too simple family you recuse yourself. judges recuse themselves. you build a wall between you and the subject. it's just absurd. and don't try to play on the sympathies of the audience. >> dana: this could be like insider trading. >> jesse: if that's the case i just want to announce that my brother-in-law works for the biden administration, and i am not recusing. i am not -- i am turning it up. >> greg: what are the brothers going to do? they have to work together podcast. >> jesse: cuomo brothers podcast? >> greg: put out food? >> recipe book. >> jessica: the judge pointing towards victims in this. i helped him out. i told him about x was going to happen. there are a number of women that have been severely hurt by this process loss of careers.

>> judge jeanine: scarred. scarred. >> jesse: jeffrey toobin sitting next to earnsd cooper. >> judge jeanine: he is not scarred. >> jesse: coming up, students can just teach themselves. latest nonsense from the student's unions up next. ♪ i'll turn it back around ♪ give me one reason to stay here ♪ and i'll turn it back or not that prevagen seems to help me recall things and also think more clearly. and i enthusiastically recommend prevagen. it has helped me an awful lot. prevagen. healthier brain. better life.

♪ fly me to the moon ♪ let me play among the stars >> judge jeanine: the latest example of education insanity in american schools is coming from oregon. the portland teacher's union asking their district to get rid of one day a week of in person learning and, instead, having students teach themselves. high schoolers would complete their assignments at home and would only be able to ask teachers for help remotely.

the union says teachers need more time to prepare lesson plans. okay, greg. >> greg: is this high school or college? >> judge jeanine: high school. >> greg: this is incredible. basically what we are doing here is we are seeing teachers create a three day weekend so they can start drinking on thursday afternoon at friday's happy hour. if this was a real thing they would have had the self-taught on wednesday, right? why does it have to be on friday? because they just want three days off. we should -- we should self--we should self-teach "the five" on fridays. >> judge jeanine: i knew you would say that. >> greg: don't come in here and stay home and act it out alone, right? >> jesse: i like it. i'm in. >> judge jeanine: you know, one of the things, dana, that they said is that teachers now need more time to deal with increased needs in the classroom you are doing 60 hours plus a week. >> dana: keep at it legacy

educators. keep at it in virginia when glenn youngkin went for governor parents with him 71%. i'm going to bring advanced math in every high school in virginia and parents are like yes, we want that. the more that they dumb down these standards or make these kids not go to class i think it was oregon as well we don't need test scores anymore. the test scores were so bad. let me tell you right now i will not support free community college if this kind of thing goes on. all the things that they learn in the first two years of free community college is what you should learn in last two years of high school. they end up repeating high school in those two years should not be paid for by the federal taxpayer. i think free community college makes sense for a lot of people on the merits but just a blanket one where people won't have to go on-to-school on fridays it's so wrong. >> judge jeanine: jesse, if students are more overwhelmed and stressed and showing in their work shouldn't they be going to school more as opposed to less?

>> jesse: judge, when i was a sophomore in high school, do you think i could behave myself home alone on friday? do you think i would be doing physics homework? of course not. i would be getting a lot of trouble. what is the line? idle time devil's play land. i would be doing evil things home alone on friday. leave kids alone at home on teachers are stressed. was the summer off too taxing. >> judge jeanine: how about the last year and a half? >> jesse: the christmas break coming up or spring break coming up? is that not enough for them to unwind? they get off the day at 3:30. you can get a round of golf in and still be back to the dinner table by 6:00. easiest job ever. >> jessica: average teacher's day for sure school and a round of golf. >> jesse: on a public course. >> greg: nine holes. >> judge jeanine: shouldn't they add more days at the end of the year like if you have a snow day, which is really have a day you have to have off, shouldn't

they add days at the end of the year? what's wrong with that? >> jessica: that's what's going to have to happen when fall so low they won't be able to place in college. they will not have futures. they haven't been pushing enough into apprenticeship programs and teaching them a skill and go and make six figure salaries absolutely no shame in my profession that you enjoy and will help you provide for your family. i mean, these stories they get amplified. i do not think that this is something that will come into practice. but the home alone part of this is a really big deal to consider looking back at the last year and a half so many parents struggled with child care. we have to go to work. kids are going to be home and we lag a lot of developing nations in terms of math and science achievement, scary rate in terms of the humanities. the answer i believe to be more school. make all the jokes you want to on school. >> jesse: we didn't get three day weekends they shouldn't get

three day weekends. >> judge jeanine: the reason the teachers say they are stressed the kids have suffered a loss from the pandemic and the way they deal with it is to say we're not going to school on friday. >> greg: another nail in the coffin of public education. get everybody out of this educational prison. let them have all the days off and create, you know, peloton education in your home. >> dana: in fairfax county, northern virginia, they just registered another 46,000 students fewer than before the pandemic. >> judge jeanine: money should follow the child for education. that's the way it has to work in this country to be a success. that's the end of that. coming up, democrats who supported smollett looking for foolish in hate crime hoax trial. ♪ ♪ the best is yet to come

♪

♪ strawberry fields forever. >> jessica: top democrats criticized for rushing to

judgment in the jussie smollett case. shows smollett during a dry run the day before the incident took place. joe biden and kamala harris are being called out for initial reactions where president biden blamed homophobia and racism and said we are with you and kamala harris called it a modern day lynching. jesse, i will go to you because you have a list. you love to lead with a list. >> jesse: i do. i made a list of recent hoaxes that i think. >> greg: moon landing? >> jesse: no. recent, i said. >> greg: okay. >> jesse: these are the recent left wing hoaxes. the smollett hoax, russia homosexual, fine people hoax, kavanaugh hoax, kevin. kyle rittenhouse was a while host. james blake unarmed hoax. waukesha suv was just fleeing a knife fight hoax. trump pepper sprayed protesters for a photo op. hoax.

trump called fallen soldiers losers beings oh. trump told people to inject bleach. the hunter biden laptop was a hoax hoax. put all this together with smollett and all this other stuff you have to assume as a consumer of news in 2021 that the initial reporting from the mainstream media is always wrong. if you work backwards from that assumption, that what you are being told initially is a hoax, you will get to the truth in a week or two or that day if you watch fox. being. >> jessica: i'm leading a segment so i can't take a time out. believe me you have impressed something upon me. >> jesse: thank you. >> jessica: public confidence is really what's in danger here. so jussie smollett will go through the court system. they will find the answer, but people don't believe in institutions anymore. that's from top to bottom. what do you think our trajectory? >> dana: i think it's very good

that they decided to prosecute him. right? because that makes today one of the things that happened was it was -- he had to do a dry run but also he told them that the whole thing would be caught on camera. and then with jussie smollett found out that the camera didn't work or didn't get on camera. he was furious with them. i find it hard to imagine nice young man so sad it happened to him. one of the ways you improve trust in institutions is to actually prosecute cases. >> jessica: perfect segway to su judge. >> judge jeanine: i'm so tired of every case being politicized. what happened to good old fashion the law and order where there is the law and there is either a violation of that law or there is -- someone is going to be acquitted because there wasn't a violation? i want you to understand one thing. kim foxx is one of the first soros funded d.a.s.

she is the one who wanted to let smollett loose. >> jesse: jussie. >> judge jeanine: smollett loose. right now she is being investigated for her role in dismissing the smollett case the first time. the problem right now is that people are losing faith in the criminal justice system. she is running the cooke county state's attorney office where i believe yesterday they hit a number of 1,000 people murdered since the beginning of the year. 1,000 people. not shot, murdered. this won is not prosecuting real crime. she is inept at what she is doing and she doesn't belong as a prosecutor. she is like a whole host of soros funded prosecutors who don't deserve the name and shouldn't be running d.a.s offices. >> jessica: greg, i'm not sure you will want to pick up on this. i wanted to get out there is the langt wang problem in discussing these cases. so you have a modern day lynching which is a pretty serious thing to say. talking about return to jim crow

and also have the modern day almost lynching that seem more accurate and we just had the ahmaud arbery case. when you look at the contrast of them being used equally. >> greg: that is the probably the worst crime of smollett was capitalizing on actual suffering to create a false story. why do people fall for this story? it's easy to fall for it because it's the safest route n a race centric world like, of course biden is going to have somebody write something stupid like that tweet and, of course, kamala harris is going to fall right in sync with it. but what they fall for it primarily because the media has set the table for it, right? that this event that is so hysterical and so out of this world is actually plausible in like 2019 america. where every white person is a secret white supremacist where at 2:00 in the morning there are trump supporters in frigid chicago streets outside subways looking for an obscure actor to hang a noose around.

we are supposed to belief that and the fact is if you say you don't believe it, then you might be a racist. when this whole story came out, we had to sit in the green room. we all knew it was b.s. we can't say it's b.s. >> jesse: got to wait for the fact to come out. >> greg: the set, the media had set the table for this, the same way they set the table for riots and this explosion in crime. the demand for hate crime product exceeds the supply and smollett understood that and took add van damage of it he has got to go away. he probably won't because they are afraid. >> jesse: racism inflation. >> greg: racism inflation there you go. >> jessica: also 3,000 hours of police work wasted on this. >> dana: that's why you have got to prosecute. >> jessica: one more thing will be great though. it's up next. >> greg: it certainly will. ♪ come together ♪ right now ♪ over me ♪

why hide your skin if dupixent has your moderate-to-severe eczema, or atopic dermatitis under control? hide our skin? not us. because dupixent targets a root cause of eczema, it helps heal your skin from within, keeping you one step ahead of it. and for kids ages 6 and up, that means clearer skin, and noticeably less itch. hide my skin? not me. by helping to control eczema with dupixent, you can change how their skin looks and feels. and that's the kind of change you notice. hide my skin? not me. don't use if you're allergic to dupixent. serious allergic reactions can occur, including anaphylaxis, which is severe. tell your doctor about new or worsening eye problems, such as eye pain or vision changes, or a parasitic infection. if you take asthma medicines, don't change or stop them without talking to your doctor. when you help heal your skin from within, you can show more with less eczema. talk to your child's eczema specialist about dupixent, a breakthrough eczema treatment.

♪ ♪ 'tis the season to break tradition in a cadillac. don't just put on a light show—be the light show. make your nights anything but silent. and ride in a sleigh that really slays. because in a cadillac, tradition is yours to define. so visit a cadillac showroom, and start celebrating today. ♪ ♪ once upon a time, at the magical everly estate, landscaper larry and his trusty crew... were delayed when the new kid totaled his truck. timber... fortunately, they were covered by progressive, so it was a happy ending... for almost everyone.

deign day time now for one more thing. jesse. >> jesse: take a look at the all-american christmas tree beautiful. 10,000 ornaments, 20,000 lights. the thing is 50 feet tall. if you are in new york city, maybe thinking, you know what? never mind. just watch the all-american tree lighting this sunday at 10:00 eastern. that's a much better way to see the tree on television. [laughter] next, there will be a feeding frenzy. where is my mouth mouth? there it is. this is a limited edition signature frosting. we have it here from cinnabon. the frosting so good they prepackaged it into these pints. the judge loves it gutfeld has already took down a whole pint himself. so preorder it or pick it up. get it delivered. cinnabon app. or cinnabon.com.

use it on anything not just cinnabons. >> dana: that's a great idea. >> jesse: everyone loves it. >> judge jeanine: why do you take one. >> greg: why are we trying to kill our audience? shoving sugar down their throats. why do you think everyone is obese in this country and dying from covid. quit eating sugar. >> jesse: moderation. >> judge jeanine: pass it down. thank you. gut gut what am i supposed to do greg's cheerleader crab news. we seen cheerleading. men can be cheer leaders. >> judge jeanine: they have always been cheer leaders. >> greg: not where i'm from. we have cheerleading crabs. take a look at this little fellow a crab called a pompom crab because it holds athem at this in its clauses a defense system making it number one candidate to be cheerleader in the nfl. >> dana: that is amazing.

i will go next. tonight at 6:00 p.m., i have a very good friend singer songwriter aimee mayo. author of incredible book i love called "talking to the sky." she is doing a life book signing premier collectibles.com/mayo. tune in get a signed copy. the event is going to be hosted by dennis quaid. a lot of fun. a perfect gift for the holidays. i truly love this book at 6:00 p.m. eastern. there you go. >> judge jeanine: who is next? me? okay. you know, real life home alone house is now available for rent on air b and b believe it or not this holiday movie house available right outside of chicago. available for one night rental starting next week. >> jesse: how much? >> judge jeanine: okay, go to somebody else, 25 bucks. had.

>> greg: joke. >> judge jeanine: four lucky gusts get to stay at the mcalister house for only $25. >> dana: that's worth having. >> jessica: shout out for california school for the deaf. >> dana: they won? >> jessica: they lost. 12-0 record. everyone on the team deaf. crying afterwards. they will be back next year. >> dana: one of the best stories of 2021. that's it for us, "special report" is up next. >> bret: i like that story too and the crab cheerleader. i was big on that. good evening, welcome to washington. i'm bret baier. breaking tonight we are following two major stories the omicron variant comes to america. the first official case reported in california. this, as president biden considers new travel restrictions. but, as we begin with the future of abortion rights in america. those rights are now in the hands of nine u.s. supreme court justices. this evening they are weighing arguments heard today. on mississippi's controversial abortion ban. and by extension, the validity of the decades old roe v. wade