>> i'm jumping on you rudely. here's "the five." >> ♪ ♪th

>> i'm dana perino withan judge jeanine pirro, kennedy,ew jesse watters an yd tyrus. 5:00 in new york city and this is the five. >> ♪ ♪ two major crime stories and the biggest city in america. new york is wrapping up the second day of deliberation in ap manslaughter trial.ct no word yet and they will be back tomorrow morning. reaction from eric adams on the case. r >> we havees somebody on the subway doing what we should have done as the city and state areos having an uphill battle with mental health facilities. as the fight was occurring there. for jury of his peers trying to make the right decision rhythmic

were getting new photos of the cold-blooded killer with brian thompson as the ceo of unitedth health carome insurance. t with theirhe wife you are poorly said the recipient of threats with her husband's will recent times.ment here's the moment when the gunman shoots thompson at close range on the streets in midtown manhattan. was and here's what a witness at the scene had to say. >> i heard three shots and when i looked i saw that. then the guy ran. white mail wearing all black for backpack and the whole night

start with thepe daniel penny dream as you can tell us what your interpretation and once again. the'm very impressed with jury starting with the first question of what they came back with for a question to the criminal charges and how they related to the facts and the justification. they knew right away what they had to do was create some kind of umbrella and justification is a defense but it's not a defense the defense has to prove. it's a defense the people afterb the disproveey beyond a reasonae doubt. the next groupto d of questionsd to regard to issues i think that are extremely telling as to

where the jury is going and to the last group of questions had to do with the medical examiner. i've been very critical on this. and they specifically in the question say we want the cross-examination of dr. harris done by a former prosecutor nowo defense attorney stever. fraser was excellent and we want where she says in her second diff certificate certificate that sha wouldn't have changed her mindsh even iowf the test showed aov fentanyler overdose. r soea the jury wanted to read it again and then they go on. we wouldf like to hear thedm testimony where she admitsit sho told theld grand jury she didn' knowif if she observedpres sufficiently consistent pressure which is contrary has brought out by the defense to what she

was testifying under direct examination with the prosecutor. this cam oe right in on the inconsistency before the toxicology and the histology. because this wasse a case of hil public interest that the chief medical examiner cayman for graham and he changes the cause of death and the defense did such an excellent job where it took ten days after the interview with danny penny the defendant after he voluntarily went to speak with the police. all of a sudden they had no additional texts but now it'sno something where we wanted to charge it. danny penny and we ask for the testimony of 30 minute interview by two detectives as it so calm. he doesn't even know that't jordan neely is dead. he says i did it because that'si what i was trained as a marine

to do and there were people afraid h.e came in and said he would killo somebody.w everybody froze for the prosecution witnesses the defense has made the case i through those it's a phenomenal trial. the for themoe hom night anrrd with more testimonya there beinreg spot on and isn't going to be this is a smart jur with the vulnerabilities and where they are heading. >> let's take all of that andho bring it back tomorrow maybe we will get a verdict. >> iict hope so. >> 6:46 a few blocks from here the health care ceo being shotnh by a masked gunman who ran off.o looking atos the video you don'n

want to jump to conclusions but it feels like a plan to hit.divi the suspect had been outside all night meaning he knew at some point this individual would coml out. it makesly mak me feel it's not, random case of robbery.wh the shot was deleted not because of a jam. matrix out his bullet no evidence and hit him again admired his work. newer the cameras were the only mistake was when he crossed then street hg e didn't plan on comig towards them that way. the other strange thing is that there was a suburban with the lights on. you see the other individual there and then takes off running. he'shuma a car got the hell outf there went off and that car doesn't move.

that's another question. and that's what's disturbing tob meut. it looked like a hit to me in m, opinion.ha >> we have thepp start of things happening not related per se. >> i agree with tyrus it looked like a professional job. he staked the guy out he had a silencer and an escape plan look like an assassination. this guy makes $10 million are year largest health care companc in the country. $80 billion in profit there.s and they deny a lot of claims that could be motivation. walz was on prime time to talk about motivation as well. could have a personalcoul life could have been chaotic. just there's an antitrust action

and you don't have a fortune 500 ceo at 6:30 in the morning as ah judge die d it beautifully thert in aen locked box underground ad a former marine who comes in and tries to protect people. these things happen it's tragic it's sad and there's no racial animosity here. just said and what it does. mentor bread to protect people it's all cultures all races. if you've a guilty verdict come down that is an attack on thek mail instinct toon protect pro vulnerable people you've seenub

new york theway are our fights a lot in this town where men come in we don't even know the couplt and break it up say take your hands offer there's a crazy guy. in the subway back off buddy calm down. things can happen like that so if amanda hesitates because if it goewas down and the bad away a lot of people who might be hurt. >> you don't wan want to chillig willing to protect others. kenned>> jy final wart? o decide what kindop of society we want to live in. want to be the society where if i'm writinarg a subway to hopeae there's a guy like daniel penny who stands up and ask them. t we wanhet to society where there are people like that who instinctively protect all vulnerable people. that's how i prot should be twoy clear contrasts betwee bn good d

evil. he's the good person a stand-up guy doing what a lot of men feel they would and should do and without hesitation taking somebody's life and what we know is it exists maybe somebody like that sees vulnerability andnd they're not going to get charts are not going to get hot and that is terrifying. and we hope we have more daniel penny in the world and the more we stand on pins and needles waiting for the verdict is a think there's a lot of people who feel he did the righl thing we hope there's more people extend out like that and under the watch of alvin braggwi they willll be punished. >> jury verdict tomorrow we wiln have that for you and we left the judge to react to it. head, loyal foot soldier to nab messes. gavin newsom i s turning on

joe biden over the hunter biden pardon

♪ >> kennedy: democrats are having a hard time as they try to swallow the bitter pill of john bolton's pardon for hunter. crushed by the fact that joe lied through his false teeth and now it might have just cost joe his most loyal and slickest foot soldier, gavin newsome telling politco that while he understands the instinct to protect hunter, i took the president at his word. so by definition, i'm disappointed and can't support the decision.

gavin is not the only one eating pro. the obama pod bros are freaking mad at joe biden. watch. >> now everyone looks stupid like they're full of [bleep]. that's the thing that i'm most frustrated with. joe biden looking like a typical lying politician. i think that leads to a cynical feeling that all politicians are bad and they're all the same. that this is just par for the course. >> i believed him. i don't know. >> i feel like a [bleep] fool. that's what makes me mad. >> kennedy: dana, do you buy that when joe biden wouldn't say he wouldn't pardon his son? >> dana: i don't know. they're truthful guys. maybe they did thing that. if kamala harris wasn't in hide, we might find this is the one thing that she would disagree with biden about. maybe she would have an answer with sonny hostin on the view.

they're all filled with hypocrisy when you think about how could this affect me four years from now when the primary gets underway. maybe they're starting now. gavin newsome, i think in some ways -- why couldn't he say i have 100,000 problems on my to-do list and this isn't one of them and move on. you don't have to talk about it. but they get on their horse like they're high and mighty and seems hollow. >> kennedy: i think gavin will use anything he can to create leverage for 2028. california, even though he's still the governor, it's very much in his rear view mirror and he's trying to do what kamala could not. differentiate himself from this administration. >> jesse: remember, he's apologized for everything biden did. he was one of the guys that was the only one defending biden when he was tripping, falling,

forgetting where he was. he was the most loyal soldier. now the election is over and the next one is coming, he has to say this. the democrats in four years will say this. they weren't mad about the pardon. they're just mad that they look bad. they're not mad about the pardon. they're mad that they bought the lie. they're mad that they had a talking point against trump that no one was above the law. that's gone. they had a talking point about the justice department was so pure and innocent and now that's gone. so the whole thing is political. they're not mad about the fact that the bidens took bribes for foreign nationals for years and dodged taxes on it. lied about it, got caught, covered up, obstructed justice and got away with it. think about this. they got away with it. biden pardoned his son and it's done. the democrats didn't care about the crime.

they salt through the movie eating popcorn. and then yeah, i didn't really like the end. >> kennedy: is the power of presidential pardon, is it too broad? is that instrument too powerful? >> jeanine: no, i don't think it's too broad. i think that -- historically -- this is quite unusual. and i think that to pardon someone before they have even been sentenced, especially in a case where you plead guilty in one case and the jury has found you guilty, a jury of peers, in another case, robs the american people of the sense of yeah, you know, we've been watching this for years and years and now joe is taking it away from us. gavin newsome is a very interesting character. on the one hand, he's always wanted the stage. he always wants to be on the stage. do you remember when he wanted to debate desantis and he did it on sean hannity's show? at least desantis was an announced candidate for president.

but newsome is going to be the good boy and do whatever joe tells him. right now nobody is going to get in front of him for 2028. he's going to do whatever he needs to do to separate himself from joe, get out there. i'm the first one that will be out there. i'm going to be the one who will beat everybody else down because i deserve this. so he is separating himself. you know what is so interesting? the democrats are so incredibly focused on this pardon that they care more about this pardon than they did about afghanistan. 13 service people died. i mean -- >> dana: you think it's disingenuous? >> jeanine: what do you think? they don't care. >> kennedy: no. they're -- it's just make believe. and now all of a sudden the doj is weaponized. >> tyrus: now. >> kennedy: to the cackling hands on the view, now all of a sudden they had it in for hunter

biden. >> tyrus: whom had it in exactly for hunter biden? maybe the landlord he didn't pay rent on or his child he doesn't acknowledge? maybe they had it in for him. they don't have the swag or the pull. if you're upset about the pardon on either side, if you're a republican that says i can't believe or a democrat, sit down. move on. we all knew this was coming. this isn't -- this isn't the worst thing this administration has done. this is the only thing that we knew that they were going to do. they took him at his word. on which day? his word will change, his memory changes. his most famous word this entire administration, this entire time is "don't." so don't fall for this -- this is glitz and glam. we need to watch what is happening what is going on. there's world war 3 about to break out and we're arguing about the one thing we knew he was going to do? jesse has been calling this since day one. i get credit for calling the election. you've been calling this pardon stuff from day one.

wonderful reporting. >> jesse: maybe i have. >> dana: take a bow. >> jeanine: you have, too. >> kennedy: it's totally unsurprising. maybe he thinks this is good for his legacy. people will think of him as a family guy that tried to save his son. >> dana: i would love it if the taxpayers got paid back in the meantime. for that and everything else. all right. up next, no wonder you guys lost. democrats are still mocking americans who are struggling with inflation. they're laughing at you. stay with us. ♪ hey, grab more delectables. you know, that lickable cat treat? de-lick-able delectables? yes, just hurry. hmm. it must be delicious. delectables lickable treat. (♪)

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♪ >> jeanine: it looks like tone deaf democrats missed the biggest lesson for the loss.

the ex-members of the house ways and means reposting a tweet that mocks americans that are concerned about inflation. saying, to hear that we were thing ya'll couldn't afford eggs? that post has since been deleted. i don't understand -- you know, maybe you do, tyrus. what is with the dems? this is the dems. okay? it's their ways and means. so we don't know if it's the ranking member or the staffer. why are they always trashing ordinary americans that are having a hard time buying food? >> tyrus: not to mention that, but trashing the american language. ya'll? it screams that something is not paying attention. can't blame that on ai. they're out of touch of everything, this is a big country. some people regardless of high inflation will still fly. has nothing to do with lower

class americans that are struggling to pay bills or people make their decisions. they're so out of touch. they worry about other things, the wrong things like pardons and perceptions and how they're looked at instead of just shutting up, step out of your little bubble, maybe close the safe spaces, walk out on this crunchy green stuff called grass and gets involved in the world. even though you can afford $9 eggs and $7 butter doesn't mean you don't do other things. this is why you got your butts kicked so bad. the worst part is after the whooping, you showed back up at the bar and picked the same fight with me again. >> jeanine: they're not smart. >> tyrus: they don't get it. >> jeanine: what is amazing, the optimism after donald trump won the election has led to black friday, the record 10.8 billion. cyber monday, i think was 13.3

billion. people are feeling it. we're consumers. >> jesse: half of that was you, judge. >> dana: here comes the amazon boxes. >> tyrus: happy fools this christmas. >> dana: that remind me. i'll stop picking a leg day fight with me if that's what you're trying to signal there. i think that if you wren, ron klain, the chief of staff for joe biden, when inflation started to take off and concerns about it, he said inflation is a high class problem. i think the democrats never recovered from that. it was basically saying all of you people that are complaining about inflation are the same deplorables that we don't like anyway. if it is a staffer at the ways and means committee while the democrats are in a position of trying to find their footing after losing the election so badly, that -- if it was a staffer, the person should be fired and made an example of and say we don't do this anymore. enough. if it's a member of congress who

had their hand on the x button putting something out, they should raise their hand and admit it it was them. their constituents deserve to know. they can apologize. maybe it will be accepted. this is not going to be forgotten. that's why the re-alignment could be more permanent than the democrats realize. i think they're worried about that. >> jeanine: you know, jesse, having experienced the last four years, you think there be any consequences or figure out who put that open x? >> jesse: it's a staffer because of ya'll. depends what the staffer looks like, to be honest with you, judge. >> jeanine: don't say that, jesse. >> jesse: the dei situation. maybe it's the congress person's son or daughter. >> dana: even more reason. >> jesse: even more reason -- >> kennedy: cancel the nepo baby. >> tyrus: let them eat cake.

>> jesse: they could get protected or bounced. i have a new category in my egg hierarchy. the best eggs -- the west ones are the ones in the styrofoam. then you go organic. that's the next. and then you go free range. okay? then you go pasture raised. >> jeanine: cage free. >> jesse: you're right. pasture raised where they run around free. the blue eggs that are pasture raised, that takes the top spot. >> jeanine: my son has six chickens. he is sending me pictures of blue eggs that are huge. i'll bring them for you. >> jesse: an i'll scramble them. >> jeanine: americans are feeling good. >> kennedy: they are. 34% are still in debt from last christmas. they're feeling the economic impacts of what they see as

inflation. maybe the inflation numbers on paper are not as bad. that's what democrats have been doing. spinning all of these numbers and saying we're telling ourselves that these things are great, that bidenomics is working. they're trying to brow beat boaters to knowing what isn't try. if you can't afford to pay the minimum on your credit card, the economy is working against you and you want change. often times black friday and cyber monday, it's an optimism metrics. so it's how people feel about the future. they're feeling way better about their chances in 2025 because they remember what their bank accounts were like before the pandemic and they're very optimistic that their personal finances will return to that state. i hope they're right. i hope for the democrats sake, they do a better job of intraspection and figure out how

they failed so many people. >> jeanine: it's okay if they don't. ahead, donald trump may not be the last celebrity president. wait until you hear what mark cuban and charles barkley are planning. ♪

♪ >> jesse: should the democrats pull a trump and run a celebrity president? former white dude for harris, mark cuban, said he would win the white house with charles barkley as vice president. watch. >> it takes somebody in my mind that will go out there and can just talk to anybody. like charles. charles can talk to anybody. you know, put himself in any circumstance. get along with everybody. that's what we need. >> would your feeling on a run for office change if it were say a ticket of you and the chuckster? >> we would win.

>> yes, absolutely. >> we would win running away. >> cuban, barkley, 2028. does that sound like a winning ticket to you? usually this talk is all bluff. other celebrities like oprah, the rock, they have speculated in the past. nobody actually did it. does this ticket have a shot, kennedy? >> kennedy: the round mound of rebound can do anything in any book. charles barkley is so funny. he's so gifted and pretty conservative. he's made some pretty conservative statements in the past. so he would definitely balance out the rachel maddow ticket that mark cuban would present. we had a celebrity candidate. her name was kamala harris. she didn't stand up to the grilling in 2020 or 2024. i think a lot of these people, they want to be worshipped. they want power. but they hate criticism and they don't want to do the work that is required. dana will be the first person to tell you, it's an exhausting

job. i can't think of anything more devastatingly exhausting than being president of the united states. they don't want that. they want expensive sheets, they want down time, they want facilitators and meditation coaches. they do not want the work, they want the spoils and they don't deserve it. >> jesse: there's something to be said for expensive sheets. it does make a difference. i've heard -- >> tyrus: color is important, too. >> jesse: i'd put barkley ahead of cuban. >> jeanine: exactly. i like barkley. he said that i think you need a bulletproof vest to go shopping at the supermarket in san francisco. he defended caitlin clark. i like barkley. mark cuban was such a disaster for kama la saying trump doesn't surround himself with intelligent women. they had to shut up bill clinton because he was the blamering the murders on the biden-harris administration.

and joe biden, they had to shut him up because everything he says is stupid. they should stop surrounding themselves with male idiots. >> jesse: dana? >> dana: i'm not sure that shark tank and the apprentice are the same. charles barkley is very popular, but there's something about having the energy and the desire to be out there and looking people in the eye and every day saying, what the 20 events can i do today to earn their vote? i don't really see that happening with mark cuban. i also think this shows the democrats are just flailing around. this is -- i think they're joking. they end up on the ticket in 2028, you can play it back to me. they just don't know yet. they will figure out where they want to land. there will be things that they'll go after, expectations are pretty high for the next administration. so they might have somebody that

can take advantage of the timing, but right now i don't see it. but it will come. might hit me in the face when it happens. >> jesse: just duck, dana, unlike the shoe. >> tyrus: she took that like a champ. >> dana: it wasn't the shoe. it was the microphone. >> tyrus: she leaned forward with her head and butted it down. nobody likes cuban. charles and ernie were like huh, you can be my v.p. he ruined the party and trying to make friends. if chuck was going to ride with anybody, he would ride with shaquille o'neal. he's law and order. he's a billionaire. he changed papa johns from that kind of weird almost racist pizza place to everybody wants the pizza. he would run with shaquille or ernie. mark has no friends. you're a bro for kamala. stay there.

they don't even want you. he's embarrassing himself. i would not in any stretch of any imagination think that -- he cowl not find a running mate. there's nobody that would run cuban. chuck didn't even look up when he said v.p. he's like huh, yeah. we'd win. what else are you going to say in his publicist is the reason why he's on. a billionaire bullying his way on shows. nobody likes you, mark. you have no friends. nobody is running with you. play with your toys by yourself. >> jeanine: the smart women don't like you either. >> tyrus: it's idiot men don't appreciate you making us look bad. >> jesse: this is what it likes running for people. >> tyrus: yeah, duck that show. >> jesse: you just got me excited for shaq for president. >> jeanine: that we can do. >> jesse: the fastest is up next. ♪

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>> tyrus: welcome back. time for the faster. first up, beware, your days of selfish sunbathing is over. the wall street journal is chronicling the life of a pool chair policeman. his job, make sure guests don't save too many chairs and don't think about throwing your down towelled and disappearing for hours. your stuff will be removed. jesse, you are a stickler for rule enforcement. according to the average police chairman, chairman of the pool -- call him chairman of the

pool, you have 20 minutes. you can be gone 20 minutes. >> jesse: i think it's a little stiff. say you have to get a drink at the bar, 20 minutes is too long. if there's an ocean nearby, you can be in the ocean for 25 minutes and come back and your stuffed is confiscated? no. you do need a grace period. i would say an hour. you're looking -- >> tyrus: no, i agree with you. >> jesse: i think an hourly is gentlemanly. gives people options with children or a wife who likes to have cocktails at the bar or forgets things and has to go to the room a limb. >> tyrus: or forgets things and you have to go upstairs. >> jesse: i think an hour. >> tyrus: dana, is this job a misappropriation of funds? >> dana: part of me doesn't like to go to the pool because there's no chairs left.

you didn't spend the money on the cabana. the thing i like about this guy, he said he clocks six miles a day walking around the pool just enforcing the rules. >> tyrus: is it weird for you there's no shallow end when you go to a pool? cool. judge, you should hear what she says about my leg days. judge, former law enforcer, what do you do if you were the pool chairman and someone says i'm not leaving? what do you do? >> jeanine: that's not the issue -- >> tyrus: they leave their stuff, they stay there. they may go. >> jesse: doesn't have a gun. why listen to him? >> jeanine: first of all, the guy is not leaving. isn't the issue about who is arrivi arriving? >> tyrus: no. they go, leave their stuff there. >> jeanine: that's why you get their stuff and throw it in the lost and found and let them look for it. i think the person that is most disappointed about this is the guy in charge of the pool and hands out the towels.

everybody gives him $25, 50 the night before to save the chairs. that's how it works. it's not like you get up at 6:30 and say, hey, whoever, sam. >> tyrus: joe, john, tyrus. >> jeanine: here's 50. i want those three chairs. >> dana: jeeves. what male you going to? >> kennedy: i always splurge for the cabana. always spend for it on vacation. you're guaranteed a nice place because say you're overserved at the pool bar and -- >> tyrus: this is hypothetical? >> kennedy: hypothetical, a nice flat surface where you can lounge in semi privacy. the other move is when you go to breakfast, you bring an extra visor and a book and lay a

caftan on two chairs. if you have a family of four, two of you have to take two chairs or you have to make do and rotate in and out of the ocean. you have to have a plan that is not selfish and doesn't infringe -- >> dana: i like how we prepared for this segment the most. >> tyrus: i think children shouldn't get chairs saved for them. they should be in the pool. >> jesse: they can sit on my lap. i agree. >> tyrus: his own children. >> dana: all right. very good. >> tyrus: you don't expect jesse to socialize with other people. >> jesse: i'm in the cabana. if you don't get the cabana and sit on the lounge and stare at these people and people are like why aren't you in the cabana? it's kind of pricey. >> dana: this has been -- >> jesse: $600 a day. >> tyrus: it's ridiculous. it's a little high. we just had the slowest fastest of all time. one more thing is next.

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right here. i'm guilty. i'm so good, jesse. >> we're doing some christmas decorations in the yard. everybody's seen it. they're inflatable. this guy took it to a whole new level. check this guy out. this is four stories tall. all right. it weighs 135 pounds. >> i'm santa, and this is my world. >> neighbors love it, but they're worried if a little wind gust comes along, it's going to take out their house. yeah. anyway, the guy was asked. what? the deal. he said he wanted to make christmas great again. there you go. tonight, jesse watters, prime time america's most wanted host john walsh will break down the suspect in the ceo shooting in manhattan. >> i'm going to make a little political and a little bit about. animals are great. so you know that president trump, we talked about animals and pets during the whole election. well, it turns out that a voter analysis poll by ap found that the political takeover takeover of pets is real with 6 in 10 female cat owners backing harris, while 6 in 10 male dog owners backed trump. so the dog

owners won. dogs over cats. what about you, kennedy? >> you can have the rainbow cookie. jesse. >> okay. go ahead. go ahead. >> politically. hit it. >> all right, here we go. jesse thought that his santa was impressive. well, look at this german couple. the germans. they have broken the world record for a number of christmas trees in their home. for the sixth time. they have 605 christmas trees in their casa. i think that's how you say it in german. that includes 120,000 ornaments, 50,000 lights, and thousands and thousands of figurines. >> yeah, venkman says, our christmas trees are so many. you're inferior. >> germans always take things a little too far. >> a light bill in that house. >> could you imagine? i mean, where's greta thunberg? >> they're going to have to bring back nuclear power, bill. >> well, hey, you can take your time. we got time. >> yeah, well, you know, the good news is, you know, they're not obviously going to be able to afford anything but their

electric bill. but the christmas gift that keeps on giving is the what it is comedy tour. you can check it out on my linktree. and i don't have an illinois to argue with waters about this time, but i'm in cities all across america. they're going fast, so get them while you can. but let's not keep this about me. our tour, our tour guide was stunned to see an alligator drag an enormous python catch in florida's everglades. oh yeah, visitors were seeing this. he caught what looks to be like a 15 to 20 foot burmese python, and they drove by the boat. the tour guide said he had never seen a burmese python that big before, showing off the catch, you know, but this is one of the nice things about when you do have invasive species. in the case of florida, you do have an apex predator to keep them in check. so that's kind of a cool thing. >> but so this is sort of like one of those things of pick your fighter. >> yeah. no. well you have a, you have a thing with sharp teeth and the thing with a small gator. >> yeah. all

with you in angola,