plan and the infrastructure plan which is over a trillion dollars and the chips bill. it's not counting that. a lot of this money has flooded flew government agencies. that i have a lot of money. we will have to work it out. >> neil: we will see how it goes. thank you very much. here's "the five." >> ♪ ♪ >> hello. i am dana perino with judge jeanine pirro and jesse watters and greg gutfeld. it's 5 o'clock in new york city and this is "the five." a day of reckoning for alec baldwin. they will face 2 count of involuntary manslaughter in the death of hutchins.

it could put alec baldwin behind bars for 5 years. and this interview alec baldwin did is coming back to haunt him. >> i didn't pull the trigger. >> you never pulled the trigger? >> no, i would never point a gun at anyone and pull the trigger. never. >> the district attorney told judge jeanine that alec baldwin is not being truthful and hutchins would be alive if he had done his job. >> we believe he pulled the trigger. the fbi lab report confirms that. the trigger was pulled. >> his statement is not correct under any circumstance. >> we don't believe it is. >> mr. baldwin had a duty to never hold a gun and point it at a person while pulling the trigger. he also had a duty as an actor and producer to have the bullets checked. we believe baldwin as a producer

knows everything that goes on, on the set. there were a lot of problems. a couple of accidental discharges. there was a lot of safety concerns that were brought to the attention of management. he did nothing about it. this was a loose and reckless scene where safety was compromised. just to save money. >> the decision to charge baldwin is not easy given the media circus around the case. >> did you feel any pressure to go one way or the other? >> we looked at this case for a long time. sure there is a lot of media attention. alec baldwin is an a -list actor. we were just looking at the facts of the case. alec baldwin is an actor. there is a lot of hype around that. but he is not above the law. no, we don't feel public pressure. we are prosecutors. we are doing the right thing and

what the facts support. it supports involuntary manslaughter. >> another interesting part of judge jeanine's interview when she asked if baldwin was willing to work with investigators. >> did baldwin cooperate? >> yes, he cooperated in that he did willing turn over his phone after negotiations with his lawyers. >> and judge jeanine's reaction after this little bit about whether he would take a plea. >> will you engage in plea negotiations with baldwin? >> i can't comment on that at this point. it would be unethical for a prosecutor to talk about that. >> judge, congratulations getting that exclusive interview. what was your main take away? >> well, that the prosecutor is a very straight shooter, sorry

to use that pun. she is focussed on the law and the facts. she knew she was coming up against a case that is worldwide and it's almost as though the burden of proof is increased with the jury in this case. she's not letting that bother her. it's clear to her that it was a set where the safety was compromised. they didn't take into the account the safety of the individuals. he had notice of it. the armerror also charged with involuntary manslaughter. she discharged live rounds. everyone knew this was a dangerous situation. the truth is that baldwin lied when he said i would never point a gun and pull the trigger. that's a lie. based on the type of gun. it's single action. you have to pull the trigger. the forensic evidence -- i don't know if there is any video of

him shooting hutchins. they have a third defendant who agreed to testify and pled guilty to the unlawful use of a weapon. he will testify against baldwin and the other defendant. she never should have been on the set. they did it for money. a life was lost. she had repeated notice there was a problem. i want to make one point. i watched a couple of interviews. everybody said we don't know where that live round came from. is it relevant? maybe yes, maybe no. depends on the jury. what is relevant is how alec baldwin handled the gun on the set where they knew there were problems with live rounds and where he used that gun and pulled the trigger at a human being in the prime of her life.

the mother of a son who is dead because of his actions. >> when you did the interview with stephanopoulos and said i never pulled the trigger. after she died he never said i never pulled the trigger. i imagine he would haved that initially. i don't know what happened. i didn't touch it. >> i think what happens in these cases, everybody has a group around them of friends. of people who think they know what to say or defense attorneys saying use this as an excuse. people listen to it. keep your mouth shut! the more you say the better for me when i was a prosecutor. if you lie it didn't help you. >> around the table? >> i think it is important to find how that live round got there. that's the biggest question. what if it was deliberate? you have to understand.

as bad as this was. there was no intent to kill this woman. >> he is not charged with intent. >> i know but they need to find out how the bullet got in there. what if that was intentional. >> but his action creating the death. picked up a gun. >> that he thought had a blank in it. >> anyone with a gun. taking a gun on a set where he is charged as an actor and a producer. a man who knows it's not safe. for him not to look at that gun and decide for himself whether it's safe, that would be like you saying, here's gun. no problem with it. i go out on avenue of the americas and point it at someone and pull the trigger and say he told me it was a cold gun. >> that's not at all like this. >> yes, it is. once you handle a gun it's your

obligation to follow the rules of safety. that's why we have begun training. >> we could be tried for involuntary manslaughter if someone put a live round in the gun? >> he was responsible for what was going on, on the set. >> i agree. i think there is a charge chance he ends up in prison. but he as eight kids. >> so what? >> what do you mean? i was going to say maybe it's a relief to be in a minimum security prison when you have eight kids. back off! >> [laughing]. >> this is proof we live in a video game. a hard-cored leftist who condemned republicans and saying the nra has blood on their hands ends up with blood on his hands after killing a young woman with a handgun. not intentionally, but it's careless. that matters.

it was such a stupid decision to hire this woman because of her dad or because she was edgy. he had tattoos. >> she was cheap. >> but it was a stupid path. nra instructors are ready and able to assist. they demonized the nra so much they don't do that. if you had somebody there on the set, you would have prevented this from happening. they thought this is great. this is so interesting. i wonder what would happen if this was an outspoken conservative and not liberal. there would be no kid gloves. we express empathy for the family and the victim. this is the worst experience of his life. he actually killed a person. they would not afford us the same luxury if it was one of us. >> jesse? >> i don't think alec baldwin

can go to trial. cut a plea. i would cut that plea in a heart beat. he is probably dumb enough to take the stand in his own offense and would get rocked on crossed. it could be televised. it could wreck his entire career. he is looking at 5 years and he has a lot of kids and bills. he needs to go back to acting. before the trial or after sentencing your earning power is shot. he unloaded all of this pricey real estate to settle the case civilly. his lawyer got named to 40 under 40 hot lawyer list. young and hungry and talented and wants to make a name for himself. he is an art lit gator. he looks at stolen art pieces. this is a case he's never had to handle. i am worried about that. i think take the plea if they

give it to and you get on with your life and say you are sorry. i respect this d.a. last year i said the d.a. would not indict. she has it in her and treated baldwin like any joe. i think if it goes to trial she will get a conviction. >> maximum sentence is 6.5. >> that's a long time. >> jessica? >> i agree with everything that has been said. i wondered about how the live round got there. it's an interesting point about the set where union workers were walking off saying it's too unsafe. two crews did that. it's interesting that baldwin declined to have the gun checked but took the word of the ad/second in command to say it's a cold gun. no problem. that's on him. i wonder also.

actors are so hungry for producer titles. i wonder if that will change. if you want this kind of liability as well on top of it. i listened to a gun safety expert talk about this. he said because it was an accident doesn't mean it's not a crime. >> yes. >> it's something we don't talk about. we see guns in movies constantly. i think people get so casual about it. accidents can happen. it's been a long time since something like this did. i wonder how people planning their next film feel about this. >> judge, an incredible interview. >> on prime-time? >> i am on prime-time and "hannity." >> keep working. much more from judge's sit down interview with alec baldwin's prosecutors. it's on fox news.com.

coming up next atlanta. protestors call for violence against police officers after a deadly shooting. >> ♪ ♪ [♪] 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 support muscle health. nagd try boost® today. that spin class was brutal. well, you can try using the buick's massaging seat. oh. yeah, that's nice. can i use apple carplay to put some music on? sure, it's wireless. what's your buick's wi-fi password? it's buick envision. that's a really tight spot. i used to hate parallel parking. me too! the buick envision. built around you. all of you. get 3.9% apr for 5 years and no monthly payments for 90 days on buick envision models.

>> ♪ ♪ >> get ready for anarchy in atlanta. thugs are calling for a night of rage against law enforcement tomorrow after police shot and killed a man because he started shooting at a state trooper without warning. police say it was in self-defense. the cops raided a zone set up to protest a law enforcement training center. the call for violence was posted

on twitter but taken down. it called for violence to be done to the police and their allies. georgia cops are not backing down to the threats. >> acts such as arson and physical attacks on members our community and the use of explosives and setting traps that could cause great body harm or could maim are not act of peaceful protest. they are criminal act that destabilize communities and endanger citizens. >> do you think this is getting a lot of media coverage, greg gutfeld? >> all we hear about from the democrats and the media is this invisible world of white supremacy. antifa is out there doing whatever they want. if you look at them. they are overwhelmingly white. they are misfits. they are miserable. initially the media elevated

them because they agreed with them because they were anti-fascists. remember cnn? if anybody else said this, it would be hate speech. a threat to democracy. but the way the media looks at this, they learned nothing from george floyd. these are people who want to destroy society. you would like to see this treated differently. the cops get more support. the media backs off and says let's not bet on the wrong horse this time. that cost billion dollars of damages and dozens lives in riots and thousands of lives with a crime epidemic. support the cops. >> it's a big statement to call for mass violence against law enforcement and their allies. that's pretty much everybody. >> they were camping out in the park in atlanta for a long time. they are protesting the building of a police training facility

because training police is bad? >> they want less training. >> and the rested antifa terrorist 22 years old son of a millionaire from maine. sailed on a yacht and now lives in the woods. they allowed these nuts to live in the woods for too long. think about across the country with homelessness problems. let then a warning want don't allow these nuts to live out in the woods like this. do something about it. there are homeless problems everywhere. this is a choice. this is a rich kid. >> i want them to live in the woods away from me! maybe they will get eaten by bears. >> they are not just camping. they are building tree houses and throwing molatov cocktails at people.

why? >> they believe a night it of rage is appropriate. that's total anarchy. we believe that law and order or we don't. don't you need a permit to go into these places? if i want to campout in the woods or you have an rv, you have to have a permit. or else it's trespass. get them the hell out there was and let them know who is running the place. >> why can't joe biden condemned the tree house antifa? >> that's an excellent question. >> joe biden has a lot on his plate. >> mostly gelatin. >> joe biden has condemned antifa which is people who hate white supremacy. he said what christopher wray said from the fbi.

it's a loose organization of people. it's not centralized. they are from atlanta to seattle. >> it's very loose. >> like the proud boys? >> no, the proud boys is quite organized. isn't it? >> i don't know. >> is that a trick? >> [laughing]. >> all violence is sad. who stuck out to me is the horror of this police officers being shot. the disconnect between the front and how people feel about it on the ground want the police are popular if places with high minority populations that want more cops on the street versus less. you are right. if you are trespassing, that should be the charge. it's louisville if someone has a tent out they arrest you and take you in right away. they have to start doing that in other places. >> good. >> didn't joe biden bail out

antifa? >> what? >> no, kamala harris. >> it's not antifa. >> why you keep defending the proud boys? >> don't do that. >> contradicted again. the biden white house can't stop lying about car logo. -what's he doing? -he's cleaning the trash cans. oh, boy. meeting a new young homeowner for the first time is a unique challenge. -so you think you can help? -i can try. hey, what you doing? oh, just cleaning my trash cans. wow. it's important to build trust. see you put your address and phone number on here. well, you can never be too safe. with trash? progressive can't protect you from becoming your parents, but we can protect your home and auto -when you bundle with us. -don't look at the hedges. -they're a mess. -no one's looking at the hedges.

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>> ♪ ♪ >> ♪ ♪ >> it's contradiction city over biden's document drama. the secret service is ready to turn over who visited biden's delaware home.

but the white house said those logs didn't exist. a good question to ask karine-jean pierre. >> i answered your question. >> no you didn't. >> that's your opinion. >> i just said to you the white house counsel's office will address that question. >> are you not going to be taking questions about the classified documents? >> i have been very clear over and over again. we will be prudent. >> why -- >> it's not your decision to make what i can or can't make. >> you can see why the white house reporters had enough of karine-jean pierre. members call her briefings a painful waste of time. jesse watters gets his hands on new hunter biden photos showing the disgraced first son cruising around in joe's prized corvette

outside of the garage. he is driving with the blurs. they are a family of blurred people. >> [laughing]. >> that was his niece and her friend. they were dressed to go to the beach. this was right around the time he was cutting a deal with the chinese for $6 million to the biden family. the time the documents were from the garage. i don't know if the door was open or closed. we have no idea. at this time he had no secret service detail between the time he was vp and the comny. -- nominee. who knows who was in and out of the garage? they say they don't have logs. they might have a record of the pool or the pizza guy that comes in. but if someone comes over to

walked game to talk stocks with hunter they don't jot his name down. remember bill clinton when hillary clinton would leave and 5 minutes later the mistress would show up. thi thieves -- she was not on any visitor log. >> excellent reporting. >> thank you very much. >> jessica, you said that you are fed up with karine-jean pierre. why are you such a racist homophobe? >> oh! greg, i wasn't expecting that. that wasn't in the teleprompter. it's been handled poorly from a communication standpoint. if it's a doj problem, then demand a doj spokesperson show up. this is something that is

upsetting to democrats that he had them when he was not supposed to have them and we have no idea about the timeline. it's not something that i believe is comparable to what went on with former president trump because he had to stalked to get documents back. jay brad had to show up at mar-a-lago because they said we returned and everything they hadn't. the biden administration is cooperating. you have to make those details clear so people have faith in the fact that you handled it as responsibly as possible. stuff happens. you move out of offices. and you should return them when you figure that out. stone walling and saying i won't answer that, you leave people to their imaginations and it's not great. especially when he is supposed to announce he is running for reelection in a couple of weeks. >> judge, is this the effect

from the democrats to keep him from launching? >> i think i said this last week. this would be the democrats saying we have to get this geezer out of the way. i have to respond, jessica. you said it was so much worse than trump. the difference between trump and biden. trump could declassify. biden could not. he the records for 6 years! they were from the obama administration. biden had them in a place paid for by the chinese. $50-million. in addition to that. biden was not honest with the american people. they knew on november 2nd they had classified documents found by lawyers who at night time moved them with no clearance. then they found stuff on december 20th. but they told us on january ninth they were not honest they also had stuff from december 20th. i don't think it's a question of them handling poorly.

it's a question of them handling it dishonestly. another thing. i think karine-jean pierre, if she had any respect for herself and her own career she would say do not send me out in front of the american public looking like i am covering up, lying or i am an idiot. you tell me or give me someone to refer them to. >> hold on a second. hold that thought. dana, my million dollars question. press secretary of state are a small club and females even smaller because they weigh less. haase karine-jean pierre ever reached out to you say to i need help? >> no, she has a lot of friends and supporters. she could call any member of the group like jen psaki. what the judge said is very

correct. biden allowed this woman to go out there. they didn't tell her. i believe when she said he didn't know. it looks like she was in a cover-up if she did know. she didn't know. so you don't know what you are talking b. you don't have the confidence of the chief of staff. they let her twist in the wind every day. where is kamala harris? help a sister out. if i were kamala harris i would go to the chief of staff's office and to biden say tomorrow somebody from the justice department is going to help her out. you are ruining her ability to have command in the room. when white house reporters talk to the press about how unhappy they are it's hard to i canning out of that. a construction site will say 80 days without a safety incident. the white house has zero days of

providing inaccurate information. part is her fault. she has to protect herself. the president himself and the chief of staff owe something better than what they have provided. they are making her job so much harder. >> a last word ? >> there is no evidence that trump declassified things. but dana made a great point about offering her help. >> coming up. liberals losing their minds over an nhl player who refused to wear pride gear.

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>> ♪ ♪ >> ♪ ♪ >> why can't sports be sports?

liberals demand the removal of a philadelphia player after the nhl star refused to wear a rainbow jersey for the team's pride night. he claims it's about his religious beliefs. >> i respect everybody's choices. my choice is to stay true to myself and my religion. that's all i am going to say. russian orthodox. >> the nhl backed him up and the flyers head coach said he did nothing wrong. one commentator said this. >> you could go back to a place where he feels more comfortable and take less money and get on with his life if it's a problem for him. i understand there is a conflict over there. maybe get involved. >> okay.

dana. >> go back to the place where he feels more comfortable because he didn't wear a pride shirt. when people take a knee and don't want to stand up for the flag, okay, keep them in america. if you don't stand up for pride. >> they would criticize anybody who said those people should not neal during the national anthem. i admire him. i don't like to join things. here it's heart health month and you wear red. i love talking about health. but when i am told to wear red, i don't want to wear red. it's a weird thing. if somebody tells me i have to do something i want to not do it. >> [laughing]. >> the coach said he is good. he was not intolerant. he stayed in the locker room and

being super quiet about it. in seinfeld remember when kramer went to the aids walk but didn't want to wear the aids ribbon. they said you want people to die from aids? he said no, i just don't want to wear the ribbon. >> jesse, would you wear the ribbon? >> or the gay flag? >> the same. i i am not sure. i need more specifics. i know gay people. >> good for you. >> you are right there with them. >> gays, they don't care about this. i know hockey players and fans. they don't care about this either! no one cares about this story except the media. everyone goes to the games to watch them win and fight. make the playoffs. they don't care about the jerseys too much. i don't think the jersey look good with the gay flag. let's just keep politics out of

sports and sports out of politicses and play hockey. >> jessica? >> i feel like i can see both side. he made a good case. he is russian orthodox and very serious about it. this is not a casual religious objection to being gay. the flyers in particular as an organization have gone to great lengths to make sure the lbgtq community is working there. if someoneututters a slur in th audience they can be banned from life. he said i have no problem with how someone lives their life. >> wait a second. you can knock a guy out in the stands in a drunken brawl and come back to the next game but you can't stay a slur or you are

banned for life? >> that's news to me. >> they take slurs seriously. >> so do i. continue. >> it's a private organization. the coach and team sxench was fine. it's an interesting discussion point.and everyone was fine. it's an interesting discussion point. >> do liberals care about this? >> do you care, greg? >> no, but jessica is wrong on everything. it's not non-inclusive to wear something someone is compelling to you wear. religion should not enter into if. if they said i want you to wear this and it's politics. and i said no. it's about not my religion.

it's with compelling people to do something. to care a political speech. this is what the gay movement is go. they wanted rights like everybody else. they didn't want to compel to you wear a flag. that's the worst thing they wanted. it's so obvious that the gays have reached so many goals there are fringes activists creating a new standard. it's not about rights. it's about compelling others to ally or be shamed. that bozo in nhl and from canada, they act like he is a criminal. go back to your country! because if you don't abide by the mob and their views, they get to exclude you. it's about their power. they get to feel when they you go are bad. you are bad! there is nothing feels better to

the mob than being in a mob. that's my thoughts. >> well said. >> thanks. >> you are welcome. >> [laughing]. >> the fastest-7 is up next. i brought in ensure max protein with 30 grams of protein. those who tried me felt more energy in just two weeks. uhhhh... here, i'll take that. [woo hoo!] ensure max protein, with 30 grams of protein, one gram of sugar and nutrients for immune health.

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>> ♪ ♪ >> welcome back. time for the fastest. don't let them eat cake. britain's top food watch dog said it should not be brought into the office. if that's a crime lock me up. i brought some cream frosted cake. >> i have not had sugar in fwent days. i will bake it. >> the judge. >> [laughing]. >> look at her fork. >> it's a beautiful cake. >> where did it come from? >> do you think it's as harmful as passive smoking? >> that's yours. i want a big piece. >> i thought that was a big piece. >> no. >> britain is so into big

brother government. it's a terrible way to govern. a terrible thing to have to live under. i think america should be careful. don't let your government tell you stuff like this. bring the cake to work. >> dana, this is like the most accurate nutrition advice to come out of the government. we were told meat is bad. we do have an obesity problem. i put on 15 pounds thanks to all of the free sweets in this office. it was good intentions. because of the pandemic. now i just eat chips and cookies. >> i don't know if this would work out. people would eat less if there were baked goods versus the snacks? >> i agree.

>> you will see 3 things. >> this is delicious. >> they wanted to cut costs? >> no! >> covid. >> coved is over. bring back the fruit plate. >> talking to you! >> no, not the plate where it's all cut up and people talk over it. >> no, that's the cake. >> why do you care about germs? you are sticking your fork in here. >> homemade baked goods. nothing like making friends. bill hemmer has a sister who bakes like a dream. >> johnny makes casseroles. >> he does not. >> his mom makes casseroles. >> "one more thing" is up next.

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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.

♪ >> dana: before we get to one more thing. bret baier has a big interview with nikki haley tonight and he asked this: >> bret: you said are a the holidays that you would look at it, consider it. you would read the tea leaves in your words. we are in the new year. how are these tea leaves looking? are you going to run for president? >> dana: you are going to want to hear her answer to that okay. i'm going to go first. they had cake before. now we have meatballs and pasta and it is because roseanne that and elena scott have a new cookbook out it is called meatballs mangia and memories. a restaurant fresco by. >> dana: as you know from 23 and me i'm only 2% italian. i couldn't say that meatballs here and pasta. a great cookbook and great

restaurant. highly recommend. >> greg: i think mangia is a surgery. >> judge jeanine: that guy blow a horn? [laughter] >> dana: all right, jesse. >> jesse: want to see a stupid couple? they crawled into dog creates crates to seeif it would be fund locked in the dog crates. not only the wife but the husband, too. crawled in both. we this to scooch over and rescue each other and help each other get out. what a bunch of i had i don't say em and i would are in do anything like that. tonight on "jesse watters primetime" johnny hit the streets colombia to ask about professor clinton who is now going to be teaching a course on global affairs in what is that? where is columbia? is that harlem? >> jessica: upper, upper west side. >> greg: you can fit an adult in one of those. i know what i'm getting.

tonight, oh, it's going to be a great show. first time guest paul morrow, ex-cop. grizzled ex-cop. not grizzled ex-cop but guy benson. kat timpf and tyrus. going to be a great show. let's do this. i hate these people. >> greg: look h young i was in that. i hate everybody who keeps telling me i have to see this movie. i are to see this movie and i go and i see the movie and it's the worst movie ever and go and tell them it's the worst movie ever. >> jesse: schindler's list. >> greg: i'm talking about sophie's choice. the menu most overrated movie of the year tar most overrated movie of the year. >> judge jeanine: are you going to hit it or am i going to talk? [laughter] >> judge jeanine: officer ice of the michigan police department is under investigation for stealing another officer's food.

>> jesse: what? >> judge jeanine: the state department put out a statement on facebook stealing not only a crime but morally wrong. the k-9 took an oath to tell the truth but is he exercising his right to remain silent. another cop said he ate his sandwich. talking about putting him in jail. >> jesse: you can't get paulie p.'s mugshot but a dog. >> judge jeanine: i offered to defend him pro-bono-o. >> bret: two favorite things the couple in the dog crate and stop nextio. >> bret: good evening, welcome to washington i'm bret baier. former ambassador to the united nations former south carolina governor nikki haley opens up when asked about rubbing for president in 2024. >> i think we need a young generation to come in, step up and really start fixing things? can i be that leader? yes, i think i can be that leader. >> more on tha