they had been taking it on the chin worse. some to add in to this, what's going on in capitol hill. republicans are locked, democrats are locked. can't get anything done. maybe nothing gets done. it's counter intuitive wall street like that stuff maybe for just the drama. "the five" is now. ♪ ♪ >> dana: hello, everyone, i am dana perino along with judge jeanine pirro, jessica tarlov, jesse watters, and greg gutfeld, happy new year, it's 5:00 in new york city, and this is the five. ♪ ♪ the battle for the gavel is still underway on the house floor, kevin mccarthy after three votes is still coming up short to become the next speaker, we will have more on that in a few minutes, but first let's get to this, the sports world reeling from a shocking

scene on the football field, buffalo bills safety demar hamlin fighting for his life in critical condition after collapsing during the first quarter of last night's game. and performing cpr right away, and 10 minutes to restore his heart beat on the field, and ambulance taking the nfl start to the hospital where he remains in critical condition, but his vitals are back to normal. tears streaming on the face of his teammates after the injury, and the nfl says that the game will not be played this week. fans outside holding the vigil and praying for his recovery, close friends as hamil as a fighter. >> we are ta taking it minute-by-minute, hour by hour, they are strong, we have their support, and obviously they are worried, he is very close with his family. >> dana: dr. marc siegel says it could be a few days until he wakes up. >> it's a direct blow to the

chest that basically stuns the heart at the wrong time, that's what you saw there in that video, but not -- not a severe blow, just even on mild or moderate blow might be enough. i'm pretty confident that he is probably okay from a medical point of view, again where will he be in terms of waking up, that could take a few days. >> dana: and the nfl is pushing back against reports that the league order players to resume the game 5 minutes after hamlin was injured. >> never crossed her mind that it was good enough to resume play. that's ridiculous. that is insensitive, and that's not a place that we should ever be in. >> dana: we will take it around the table, were you watching live last night? >> jesse: i did not see it live, and really tough to watch looking like a freak accident.

i don't know his medical history, people are speculating why, and i will let the doctors figured out that are examining him, millions of americans watched a man die, he flatlined. i have never seen anybody get cpr during a game before. it's almost -- i don't think it is ever happen on the field, so the countries processing this. and you feel this hollow feeling inside watching and the nfl made the right call to cancel this game, because you can't go back out, it's not like the roman colosseum coming at unexpected death, and this is not a part of this. i don't think that this is happen, in '71 a may be a guy died in the nfl and they kept playing, a soccer player about 20 years ago drop down in the middle of the pitch and you have seen reports of boxers that get taken off and then die in the hospital, but this is really extreme to see this happen. and i was seeing a doctor the other day that said that the human body is not designed to

collide. we are not made to do this to run at full speed into each other and does not matter what you do with the helmets are the netgear, this is a very risky dangerous sports, and these guys know the risks, and they love the sport so much, they are committed to playing. and the training that they do, that diet, waking up early in the morning, all of the sacrifices that they make, you really have to be grateful, because this is a performance. i mean, 10 million people watching people watching "monday night football" is probably bigger last night because of the playoff implications, but it is the most popular sport in the country for a reason, above and beyond, because it combines power, speed, and skill like no other sport. like no other sport, and that's why it is so mesmerizing to most of the country, and when someone almost dies on the field like this, you don't see them as a number or a jersey coming to see the human side, and the us guys are americans and we are

grateful that they are performing at this elite of a level and we respect all of the things that they have done on the field and we hope that he gets better and the team is able to move on from this. >> dana: a tremendous amount of good sportsmanship from the players and the fans as well with many people from both teams, fans of both teams coming to the hospital for the vigil, do you think that some of the criticism of the nfl, i was going to say fbi, the nfl is overwrought or is it too soon? >> judge jeanine: it is way too soon, look, if it is as simple as someone catching a hit or a shove in between the beat of a heart and if there is no long-term damage, which we don't know about it, because right now these vitals are normal, then this is just one of the crazy accidents that happens, this was not an extensive kind of tackle or one that was so tough or so strong, and make no mistake, these guys assume the risk,

that's what they do in football. and honestly, to start criticizing the nfl, they are not going to play for the rest of the week, everyone it seems like the players were in tears and at the end of the day you will find out what is condition is, whether he flatlined or not, the truth is that there was manual pumping of his heart,, ad the issue is whether or not the air got to his brain, so his brain is still in good condition when he comes back. and i will tell you, whether it is the fans or the players or whether it is to people who gave up the $4 million to the gofundme, all of our hearts go out to him. this is a guy who loved his family, loved his mother. he has 24 years old, it should not happen. but let's not decide what happened until we really know. >> dana: jessica? >> jessica: echoing all of the sentiments about this being absolutely destroyed by something like this, and we were

watching it live, and i am one of the people who gave to his gofundme, it's incredible nearing $5 million in not only to his toy drive, but the day care who had him just 16 years old runs, and he seems like he was a remarkable person, in terms of what happen with the nfl, espn is still standing by their reporting that the nfl did want to carry on with this, and that it was the coach is on the players, the captains who said absolutely not, it is an impossibility that we do that, so we will see, the truth always comes out. but i would recommend for everyone to take a look at the conversation that as got va van paul with gran clark at talking about the physical and mental risks that they take on, and it's easier for us to sit here and say that, they know that this could happen, but that does not happen. he was the one who first of all hit the higgins, he was not crushed from this, looks completely normal and stood up, then two seconds later he falls back. and to get grown men to cry, let

alone grown men who sustain this kind of collisions, contact all the time, you have to think that this is something absolutely unimaginable, and the conversations that we do need to have about the risks whether they know that they are taking them or not, that this sport is so unsafe for people, and i am not saying that i want to ban football, i'm not saying any of that, but i am saying that these are moments that hopefully unify us into having some real conversations about kids, wearing peewee pads and for peewee football, not -- i'm sorry, that came out weird, and we try to make this safer for them, but this is a game that can kill you, and i think that we need to be more focused on that. >> dana: it is super rare, very rare, we don't know the conditioning or have an update on the condition, but you see they say that vitals are normal, and maybe everything will be okay, but that is something, greg coming to talk about the lack of trust in the

institutions in america and how to look at the divide in america, but sports brings people together is a good example. >> greg: i don't know, the nfl, really? just because it happened in the flick of a second, how different is that from the long term of a football player dying at the age of 53. we are erupting in horror over something because it happens so quickly, it has not have been more, but how many football players do you read that are dead from cirrhosis of the liver or whatever, or they can barely walk because of all of these injuries, and just he is right, those have to be the best medics on earth. they brought a guy back to life, next time i am in cardiac arrest, i am driving to an nfl game, but it's interesting, i am just focusing on the media, i'm not an expert in collisions or the nfl but everybody seems to be an expert in the stuff. they go to their ten minute nfl

collision school and read up on that, and and when somebody else says something honest, they attacked them. like skip bayless saying does this game go on? it seems like this game is irrelevant. first they go through this idea that they are the expert, then they go into the i feel stronger than everybody else, so i'm going to go after skip bayless, the guy even apologized, people who actually talk for a living want him fired, as if this is not going to happen to them in a month or two or whatever, but i think that the worst part of people that jump to conclusions, that you should just assume all potential possibilities that happen, with what dr. siegel says seems to me the number one possibility of a harsh blow to

the chest that interrupts the rhythm of the heart, i think that's what we saw, right? so i know that there are other people out there, he collapsed suddenly. he collapsed suddenly, that's a catchphrase for the anti-vaccine movement. well, you should look into that a little more, because most of that has been debunked, so i think the analysis you are getting from the doctors is exactly what probably all of us all, it's worth will looking into, but yes. >> dana: we will keep him and our prayers and updated on that story, next we have this story, it is the fourth time a charm? i don't know, top republican leader kevin mccarthy still does not have enough votes to become speaker, but not over yet. we will have more in a moment. ♪ ♪ ♪ ♪

okay everyone, our mission is complete balanced nutrition. together we support immune function. supply fuel for immune cells and sustain tissue health. ensure with twenty-five vitamins and minerals, and ensure complete with thirty grams of protein. research shows people remember ads with a catchy song. so to help you remember that liberty mutual customizes your home insurance, here's a little number you'll never forget. did you know that liberty mutual custo— ♪liberty mutual♪ ♪ only pay for what you need♪ ♪only pay for what you need♪ ♪ custom home insurance created for you all♪ ♪now the song is done♪ ♪back to living in your wall♪ they're just gonna live in there? ♪yes♪ only pay for what you need. ♪liberty liberty liberty♪ ♪liberty♪

♪ ♪ >> are you going to stay in the race, leader mccarthy? >> yes, i'm not going anywhere. >> jesse: is a battle for the gavel on capitol hill, kevin mccarthy losing the first, second, and third vote after 20 republicans voted against him. but kevin mccarthy is not down for the count, some members are expecting this thing to go all night, and mccarthy is still confident he is going to be speaker eventually. keep in mind until republicans can agree on a speaker, the houses basically froze in, meaning they can't even swear in new members or investigate joe biden like they promised. judge jeanine pirro, not a good look for republicans tonight. >> judge jeanine: no, the ordinary american is sitting at home saying what the heck is wrong with these people? we elected them, we worked hard, we gave them money, we now have the majority in the house and

they can't get along with each other? they don't have enough problems with the democrats, they at least can't align against the democrats? here is the issue, the issue is this, we had three ballots so far, 19 people and the caucus don't want a mccarthy, they just don't want it. well, stop having one ballot after another, you have to get together, sit down, i feel like harold ford, get together, sit down, and find out what can we do to you 19 people to get you in our group? because right now, i don't want to hear about who came directories, i don't want to hear about the fact that maybe some moderate republicans were lined with modern democrats and chip roy has a point, he is sick of the swamp, we are all sick of the swamp, but he can't blame mccarthy for the $1.7 trillion omnibus bill, he can blame mitch mcconnell because at the time he was not in the majority, okay, they got a continuing resolution yet and pumped it

over to january, but they did not do that. the truth is, and this is my last point, he worked like a dog for the last two years, he raised $250 million for candidates, some of whom have not been sworn in yet and were against him. this guy has done everything he could come over there like him or you don't like him, you know, it's time to get together as a party. and stop embarrassing yourselves in front of the rest of us. >> jesse: how long can this last, dana? >> dana: three years ago they went to 113 ballots, so this was a third, could be a long night, folks, could just be days. i don't know what will happen, but because he is not able to gain any votes on the second, third, may be in the fourth bit valid at this point you have to say, he has artie given away a ton of things to the small group of holdouts, it's like the opposite of the squad, the squad looks reasonable in the situation. and a lot of this is just an ideological thing. it might be a personal thing.

like i don't like you, okay? well remember when nancy pelosi, she held up on the vote. there was no proxy vote per speaker, her numbers were small. >> jesse: you are saying this is secret ballot? >> dana: for covid, you cannot do that for the speaker vote because she needed every single democrat in the chamber. she was pretty good about those arms. i think that conservatives in the country over all every day that the republicans are going to spend in this exercise with their heels digging in, the name-calling ratchet up, they are talking about internally within the party enemies, that kind of thing is hard to forget. and one of the first things at the group is going to have to do is come together and decide whether to raise the debt

ceiling. like this ballots is a tough one, wait till you get to that one. >> greg: speaking of drama, that last vote and this one, this was on tv, what are we doing, this is what has caused, if this was relegated to c-span, we would not even know it existed, and they were probably get through it, but because it is on my car shows now, they are like okay, this is for my future, i'm going to be like, i need to do this to make the people on twitter happy you are the people, or my buddies on television invite me more often, because it has been given to the man, if it was not on this, we would not know. i want to fast-forward through it. i want to fast-forward, because we know what the ending is going to be, right? the ending will probably be mccarthy, but i don't care. i don't care. this is the worst game of chicken ever. it's just a game of chicken, you have a car going at the other. and it's not even that.

it is not even that. it is just bad. it is like the republicans read a book by the democrats saying how to really screw up your party. >> jesse: you must just love watching this, don't you? >> jessica: not a bad day to be a democrat. dems in the raid, so i won't, the judge does not want to hear about a candidate like a fred upton or someone who could unify, get democrats to come over and work with moderates republicans. you said i want to hear about any moderate republicans, so then there it is. >> jesse: you are saying you could get a moderates republican to get enough democrat votes for speaker. >> jessica: for now we are in line, so 212, we vote for hakim directories, if there is somebody that is preferable to having kevin mccarthy, then you will be able to kick off democrats to do that. hakeem jeffries may vote for

himself if it was so muddy like a fred upton who has always been a moderate with democrats voting to impeach president trump, maybe they trots in lee zeldin who would not get democrat vo votes. >> greg: their own execution. i'm talking about republicans. >> jessica: i was just going to -- >> dana: can i add one thing? we have known for several weeks that this group was going to vote against him a mccarthy, the never mccarthy folks, but they never put forward who their alternative was, and even you had somebody like, a lot of the trump folks, including the president, with these people who do not want to vote for mccarthy, and what are you doing? you're crazy, they won't listen to him either. so i actually really don't know how it ends. >> they are not actually one faction, it's not just the caucus of boats, so you have marjorie what was said now, matt gaetz and then you have traditional freedom caucus guys and that's what you have for the

options, jo bigs, jim jordan is out there nominating kevin mccarthy and then people are still voting for jim jordan. they don't -- they want anarchy, they want to humiliate him, he has been completely humiliated and that will probably continue for days, and again, dems in array, print it. >> jesse: let's fast-forward. >> judge jeanine: she did not say disarray, she said array. >> jesse: brand-new images of the psycho accused of butchering four university of idaho students, find out how dna played a role in bringing them to justice.

[♪] if you have diabetes, it's important to have confidence in the nutritional drink you choose. try boost glucose control®. it's clinically shown to help manage blood sugar levels and contains high quality protein to help manage hunger and support muscle health. try boost® today. next on behind the series... that run with the champ was magical. i mean the tender chicken, the peppercorn ranch... i love my rings but i'll cherish that lunch... forever. the subway series. the greatest menu of all time.

i'm frank siller from the tunnel to towers foundation. i'm here at the patriot awards to honor some very special people. gold star families and families of fallen first responders. after their loved ones died serving our country, there's a hole in their family. a missing spouse missing father or mother. but many are also left with the struggle of keeping their family home. we can't bring these heroes back, but we can help ease their burdens. here at the patriot awards, we are going to surprise them with a very special gift. we take care of our gold star families and our fallen first responder families. those who die for us and leave young families behind. i'm with 21 of these families tonight. they came as our guests.

so, who here things that they deserve a mortgage free home? this morning we paid off their mortgages. they never have to worry about their mortgages again. give them a round of applause. i was not expecting to go out on stage with a huge picture of my husband behind me and find out that i was getting my mortgage paid off. my husband, will, he would be just so happy. my kids will have a forever home by supporting tunnel to towers, it's an opportunity to turn those words thank you for your service into tangible, meaningful action. tunnel to towers is an amazing organization. i can't believe what they've done for me tonight and what they've done for countless others. whether it's fallen first responders, catastrophically injured veterans, or gold star families. tunnel to towers is here to help them. if you haven't given yet, please do go to t2t.org

to give as little as $11 a month. thank you.

♪ ♪ >> greg: of getting our first look at the suspect who murdered four idaho students, branko berger appearing in pennsylvania court, so to be quickly brought back to idaho to face murder charges, his lawyer says he will be exonerated, that comes as chilling new details about him emerge in how police were able to capture him, investigators were able to link him to the crime scene by using dna that one of his immediate members submitted to a genealogy testing website, judge. so this is interesting to me, though genealogy databases, not the big ones like 23andme and ancestry that uses the smaller

databases, but that's not where they got his dna, they got it from the crime scene, but how do they match it and -- >> judge jeanine: normally what happens with the nasa take thing and dna from the crime scene and they try to put it into the system and if this guy does not have a criminal record, there is not going to be anything that comes out, so now the new thing is this genealogical dna testing, so it is not as strong as your regular st are dna testing which i talked about in the criminal database where you got 20 points of connection, and then it is the finger of god saying you did it with that dna, this is a little more it's less convincing, but what it does do is it finds out from two right now of these genealogical companies, g.e. match and family tree dna, they can kick back and find out as far back as 1800 whether or not somebody in a

family somewhere had dna that somehow matches yours, then they try to get medical records, they try to get some kind of newspaper articles, anything from a tree that will start to connect to you. then they say, well, maybe let's find out if somebody had an elan trust, and let's find out if someone who had an a launcher has this kind of dna lived near idaho, and they just keep breaking down and breaking it down. and it uses different kind of dna markers, and i know it's kind of complicated, but it is not as strong as dna, but make no mistake, nowadays, they either have his toothbrush, his hairbrush and have that dna match where they will get a court order and get the original dna match that even though he is not in the criminal databank, they will have him dead to rights, so now what you have got is a felony hearing coming up with in 14 days and the probable cause will be established as to whether or not there is

substantial evidence that the crime was committed and he did it. >> greg: jessica, it seems like the idaho cops had to play pretty dumb for a while and they managed to trick everyone into thinking they were reaching a dead end, and all of these people on tv giving them crap where they had to keep silent. >> jessica: i am not a former judge or a former prosecutor, i don't work in law enforcement, so to go with the media coverage of this and how the cops played in, and i guess the fbi who was involved in this as well, and it is crazy how many conversations we have had in the last couple weeks saying how is it possible they have absolutely nothing? rights, just saying, are these the worst cops on the planet, have they just given up, and even parents were making comments like this isn't right, you should not have to sit around going through the holidays, three weeks, then four weeks after our kids were murdered, and hopefully this is the right person and that he will be behind bars very soon for this terrible murder, or

terrible set of murders, i am as well on the fact that they were pulled over twice, him and his father back in pennsylvania. as we are showing the video, there you are, was this a part of his police sticking it out in the pocono's were four days, so was this part of the plan that they were tracking the a launcher of the whole time, and they did this to get eyes on them, or what was -- spewing they denied that, said that it was just something that happened? >> jessica: pretty random to have been twice in a drive. >> greg: i did not realize they were that many elan trust, do you feel a bit cheated for taking part in the 23andme, remember we had to do that as a segment, now if you commit a murder, it is easier for you to be caught. >> dana: 's the thing about it was when i found out i was 2% italian, i don't mind that we don't have the dna, but i think

it is interesting, remember the golden state killer who had the aclu was very outraged about this type of thing and the privacy points of all of this will come through, but then again, if the new technology allows you to help solve a murder, may be prevent him from killing anyone else, than it's worth it. i'm really curious, the fact that he is 28 years old, does not have seemed to have a real job, a professional student getting a phd in criminology and his father comes with him and drives across the country, how many times has that happened? and i know that his family says they are sticking by him, his lawyer in pennsylvania says he will be exonerated, that's not going to happen. >> greg: may be backseat changed. >> jesse: we don't speculate about that vehicle. >> greg: i'm now an expert. >> jesse: we don't know anything, we come on the show. >> greg: you think you complete insanity? >> judge jeanine: right now he is saying come in the cell, i

will cut you. but this guy is who went on read it and try to find out from other criminals what they thought about before they committed the crime, so when he tried to expose himself to a woman in the cell next to him, he is setting up an insanity defense, because if you have dna on her fingernail, it is to write. >> greg: the witness that she did not see him. [laughter] was a small detail. >> jesse: very small, my profile as this, he was a fat kid who got bullied for his weight, came back after dieting over the summer, and girls still do not like him, and kept getting rejected after rejection after rejection and tried to take it out on women that when i get with him, looks like they went to the college in the same type of town, these girls, may be one of them probably rejected him, he laid in wait at their apartment before they came home he went out and butchered her

and may be someone like the boyfriend stepped up, butchered the whole lot of them. but maybe he is book smart, not that street-smart, because he committed the crime with his own car and left dna everywhere, so does not matter how much he crowd sourced the crime, on reddit, what are you guys do? the guy's a and his dad is going down. the dad flew across the country to bail out his son, it's like that case dirty laundry's parents and gabby potato? >> judge jeanine: i love the way you put these cases tog together. >> jesse: these traffic stops on the cross country trip, not a coincidence. the fbi had surveillance throughout the whole thing. they were quiet from the jump, and that's what gave this guy confidence to think that maybe i could let loose, because what are you going to do with an elan truck? you are going to burn it, sell it? you have to get it out of the

state, so the data comes in and flies across the country, really? and brings it back so they had 23andme that came back where the dad popped that, so that surveillance on the data and then when they pulled the car over probably planted a bug or wanted to see who was in the car with him, yes, it was a dad. so they had this guy, he is toast. he is toast. in the dad is going down too. >> judge jeanine: for what? >> jesse: aiding and abetting, probably throughout evidence on the road trip. >> greg: interesting! >> jesse: i told you it was a college kid that did it. spewing they read a piece of paper for 10 minutes and then they are experts. >> greg: he is good at it, he can boost. a quick update from capitol hill going home for the night after three rounds, i usually wait for the fifth round, but voting for

speaker up next, finally a climate story i might agree with, being short is better for the planet and our future. ♪ ♪ get refunds.com powered by innovation refunds can help your business get a payroll tax refund, even if you got ppp and it only takes eight minutes to qualify. i went on their website, uploaded everything, and i was blown away by what they could do. getrefunds.com has helped businesses get over a billion dollars and we can help your business too. qualify your business for a big refund in eight minutes. go to getrefunds.com to get started. powered by innovation refunds.

♪ ♪ spew on the climate change crazies have figured out how to save the world. a "new york times" essay argues "short people like greg and dana and kind of like me, but i used to be taller are better for the planet, arguing that there has never been a better time to be short. you see, those with smaller stature are inherent conservationists who save resources by consuming less and are best suited for a long term survival, but wait, it gets better. when you meet with shorter

people, you are potentially saving the planet by shrinking the needs of subsequent generations, lowering the height minimum for prospective partners on your dating profile is a step towards a greener planet, but the global warming hysteria does not end they are, "60 minutes" is promoting a failed doomsday biologist. >> when the population bomb came out you were described as an alarmist. >> i was alarmed, i am still alarmed, all of my colleagues are alarmed. the rate of extinction is extraordinarily high now and getting higher all the time. >> judge jeanine: i will start with you, do you feel guilty? >> jesse: for my tall stature? i do, it keeps me up at night. that judge, you know, the shorts have been winning, they are on a little bit of a role finally in human situation and have made some money and are now getting pity sex from green chicks,

let's talk about how this started. in the history, the shorts have not done well, because -- >> judge jeanine: we have done well. >> jesse: you have to be tall to prosper in the world, but then we modernize, and you can make money through your brain, so now people are making money income of the shorts with brainpower and they are getting more attractive. >> greg: those dumb people are irrelevant. >> jesse: but then all of a sudden, these girls are going to start breeding with the shorts, before you do that, let me just give you some examples of how that could go wrong, lenin 5-oh five, napoleon 5'4", manson 5'2", carter five -- kim jong un in a 5'3", nadler 5'3", so before you start sleeping with the shorts, just realize -- 's before left off hitler.

>> judge jeanine: dana, how do you explain this? >> dana: i just think that "the new york times" is ridiculous, they ran the editor out of a job, michael brother james bennett, because he dared to allow tom cotton to have an op-ed in "the new york times," that is valuable coveted journalism space in the near times of paul's board every time and does something like this, but i clicked because i was curious and i wanted to know about it and i told the story earlier this morning, but i will tell the viewers at home on our trip at a very nice hotel, and the bathroom had a motion light, so when you walk in, it could not detect me, so whenever i walked in, i had to like wave my arm around but it would turn off every 30 seconds, so i had to like bring my arm out of the shower and go, i'm still here, still here, so it's not that great for the shorts yet, jesse. spewing did you marry a tall

person or a short person? >> greg: tall, but everybody is told, but i want to focus, here's the deal, what drives me crazy is that you have a diabolical dishonest media accounting on the fact that everybody under 50 voted for them and what a sham he was and how he was wrong for every one of his predictions, said that we were looking to end i don't know, 30 or 40 years ago, the fact that they were able to take him up was a testament that they want that idea back. it's very antihuman and it's going to be wrong as it always is. now to this height, which is really interesting, it's not about height at all, it's about sides, but you can't say that. it's not about height, it's about size, it's about how much you weigh, and if some of the at "the new york times" wrote and said that being skinny was better for the planet rather than being fat, that person would lose their job, but if you did it this way and said it was short people rather than tall people, you kind of a limit, you

obviously eliminate the weight component and you get away with it. i think that it's tongue-in-cheek, but it was cowardly because you should've said, fat people use more resources than thin people, now i will get my things and go, because i have been fired, because that's what would ha happen. >> judge jeanine: jessica, you were someone very important about the environment, did you marry a shorter man to save the environment? >> jessica: i married a man substantially taller than me, but which is hard to find down the hall where i found him. so i think it's interesting about the size thing, because we don't talk about core morbidities when people pass away, and the impact of diabetes and weight and stuff like that, and i think that short and tall people are great, -- i said it, happier than i am like this.

spewing ahead, a gym declaring war on your new year's resolution to get in shape. ♪ ♪

after my car accident, wondnder whahatmy c cas. so i called the barnes firm. i'm rich barnes. youour cidedentase e woh than insurance offered? call the barnes firm now to find out. yoyou ght t beurprpris

call the barnes firm now when that car hit my motorcycle, yoyou ght t beurprpris insurance wasn't fair. so i called the barnes firm, it was the best call i could've made. call the barnes firm now, and find out what your case could be worth. ♪ call one eight hundred, eight million ♪ ♪

>> jessica: starting a new years resolution to get in better shape, better avoid this place, equinox under fire for banning new memberships saying "we don't speak january" campaign, their luxury jim should not be a part of any new new year's resolution, tweeting it's not you, it's january #it'snotfitnessit'slife. so i thought this wasn't real when i saw it. >> dana: like the onion. >> jessica: yet, it so mean! >> dana: i also think that there was a good point this morning when he said that because january 1st was on a sunday and equinox a slowest day of the week, that they did not want to have a low showing of membership, so their big push was today. i don't know. i thought they were like just go to planet fitness then. spin on the they lost money because of this, if i were a member or thinking about, i

would not join, it's very exclusionary, it's very, they are like condescending, oh, we don't want you. good, i will take my money elsewhere, who needs you! 's before i see it as just like a marketing ploy that could have happened to underline their stereotype, right? like they thought it was cute, they thought it was clever, but what happened was they sounded like they were up there own butts. and i think that equinox is okay with that, because they overcharge, it's hundreds of bucks a month, they have trainers that are all over you all the time trying to get extra work, that's the hard part is the pressure when you are there, that's why i stopped going, and the fact that they confiscated my camera in the locker room. it was purely i was taking picture of my glutes. honestly. >> judge jeanine: had to be on the floor at that point. sorry. >> jesse: i think it worked,

because they are a snooty establishment, and they like this headline, because you don't want to normals joining, you don't want the l.a. fitness crowd coming once an elite snobby really attractive crew, and that's your brand, so this is good for them, and i was a member too, i saw you take pictures of your glutes and that was disgusting. >> greg: where we ever in the same gym together? >> jesse: i don't look that far down, i can't see you. >> greg: 30 years from now they are going to play that and call you a bigot. and remember when it was okay to make fun of short people? >> jesse: a bigot, get it? >> greg: nicely done! >> jessica: love this new year's energy. "one more thing" is up next. ♪ ♪ sexy or lit. may i? we're definitely not lit. i mean seriously, we named ourselves booking.com

which is kind of lit if we are talking... literal... ha ha. it's why we're planet earth's number one site for booking accommodation. we love booking stuff! and we're just here to help you make the best of your vacation. ow... hi... booking.com booking.yeah ♪ ♪ every day can be extraordinary with rich, creamy, delicious fage total yogurt. next on behind the series... let me tell you about the greatest roster ever assembled. the monster, the outlaw... and you can't forget about the boss.

it wasn't just a roster. it was a menu. the subway series. the greatest menu of all time. okay everyone, our mission is complete balanced nutrition. together we support immune function. supply fuel for immune cells and sustain tissue health. ensure with twenty-five vitamins and minerals, and ensure complete with thirty grams of protein.

>> dana: one more thing. [laughter] that was a good commercial break. we're going to do one more thing now. i got a chance to go on a trip with my husband, peter. that's shannon bream. we went to vienna and venice with shannon and sheldon bream. and peter and i also had a chance to go to venice where we had this really great time. and it was special. and all the -- everything worked perfectly no. flight delays. nobody got sick. we had a really beautiful time and felt restored and really grateful for the opportunity to be there together. >> judge jeanine: you look restored there let's continue with one more thick. great show, it's brand new. brian kilmeade. i love him. jamie lissow, k.t. mcfarland. kat timpf. it's going to be great. greg's parking tips. parking but an island they do it differently. they did it instead of dispute with a game of rock, paper scissors or what they call bourbon, scotch, beer. check it out.

[laughter] >> greg: that's what they did. let's show it one more time for the kids at home. this is how you should settle all dispute. >> dana: do on the house floor tonight. >> greg: exactly. think how much time you would save. >> jesse jr. has a sausage claim that. i don't want to get into it tonight. we will save it for tomorrow. it requires a big wind up. let that be a tease and we will talk about the sausage column tomorrow. tonight on "jesse watters primetime." mob connection we go deep. >> dana: why do you have such a flattering picture? >> jesse: is he a vegan. >> dana: that's not what he looks like now though. >> judge jeanine: tiger shark western extraterrestrial. a guy captured the video about a half a mile away. he walls filming with his drone, he immediately called officials to tell them that there was a shark there. and the amazing part of it is there have been 50 sightings of

sharks off of western australia in the past week. >> debunk it, greg. >> dana: did anyone get bitten. >> greg: caught by vaccine. >> jessica: in texas twin girls born on either side of midnight. 5 minutes before 2023 and one came a minute after. the one born after is probably going to be taller though. >> judge jeanine: deduction in both years. >> dana: that's it for us. "special report" is up next. hi, bret. >> bret: happy new year. shannon bream didn't look evil on that trip. >> dana: but she was. >> bret: good evening, welcome to washington. i'm bret baier. breaking tonight, the first day of the 118th congress has ended without a speaker of the house. the house has adjourned for the night and all business is on hold right now. all of the representatives elect fresh off winning campaigns cannot even be sworn in as of yet. the chamber cannot proceed with anything until it finishes its first job. electing a speaker.

and that task