Updated

This is a rush transcript of "The Five" on December 8, 2021. This copy may not be in its final form and may be updated.

JESSE WATTERS, FOX NEWS HOST: Hello, everybody. I'm Jesse Watters along with Judge Jeannine Pirro, Jessica Tarlov, Dana Perino and Greg Gutfeld. It's 5:00 in New York City and this is THE FIVE.

The Biden White House coming to the sudden realization that crime is bad after blaming the wave of violence on the pandemic. The administration now trying to distance itself from outrageous comments from far left Democrats like AOC and Chicago's mayor Lori Lightfoot. They were downplaying the smash and grab rampages.

(BEGIN VIDEO CLIP)

LORI LIGHTFOOT, MAYOR OF CHICAGO: I'm disappointed that they are not doing more to take safety and make it a priority. For example, we still have retailers that won't institute plans like having security officers in their store.

REP. ALEXANDRIA OCASIO-CORTEZ (D-NY): We're actually seeing a lot of these allegations of organized retail theft are not actually panning out like these, I believe it's Walgreens in California cited it, but the data didn't back it up.

(END VIDEO CLIP)

WATTERS: Apparently, it's Democrats spewing that nonsense for the White House to finally condemn it.

(BEGIN VIDEO CLIP)

JEN PSAKI, WHITE HOUSE PRESS SECRETARY: We don't agree. We have seen some of these extremely video -- extremely disturbing videos showing retail theft and both major retailers as well as state and local leaders like Governor Newsom have identified this is a serious concern. We agree. That's the reason why we have sent additional support from the FBI providing additional assistance.

(END VIDEO CLIP)

WATTERS: While some liberal prosecutors claim the crime surge isn't real, 12 major cities are setting homicide records. And the crime crisis hitting close to home. Fox News is rebuilding our all-American Christmas tree after and arsonists set it on fire.

Police and firefighters responding quickly and thankfully no one was hurt. All right, Greg, no one likes the tree more than you did. How do you feel?

GREG GUTFELD, FOX NEWS HOST: Yes, I know. It's a terrific loss in my life. Actually, it is -- it's pretty horrible. The tree is basically represent the kind of random violence that is fueled by mental illness that has become pretty much part of everyday city life.

We have abandoned the deranged and I use the deranged as a scientific term. There are criminally deranged people living on our streets and we're merely -- we're part of some weird experiment where progressives had never really thought about what happens when you allow unstable and dangerous people into the general public.

Well, they assault women. We've seen that. They assault elderly women. We've seen that. We've seen them assault elderly Asian women. Remember? That was -- that used to be a hate crime, right? Is it still a hate crime because we don't hear about it? There's lots of property damage and now you see a tree getting burned down.

A lot of this crime, we know what's causing it. We don't know how to deal with this problem anymore. And it has to do with a change in language using the umbrella term of homeless which consists of a lot of factions, but we immediately are told to assume its people down on their luck, but it is not just that.

You have grifters. You have junkies. You have the mentally ill. You have the criminally deranged. We were sold the idea that the homeless were benign families who miss one month of rent. No. You walk up and down the streets of New York, you see the consequences of Mayor de Blasio's utter failure in dealing with the mentally ill.

We gave his wife a billion bucks to deal with this. We have no idea where the money went. Meanwhile, innocent civilians, tourists, people in Times Square in broad daylight are getting there asses kicked. They're getting bludgeoned. They're getting murdered by people who do not belong on the street. And we want to get them off of the streets because they are a danger to themselves as well. But we have a grotesque, the ghoulish mayor who doesn't give a flying F. So there is only one solution for this and that is people have to start suing the cities that release thugs and the mentally ill onto the street who brutalize people.

You know, there is a guy that just beat two women in New York and he was released. Then he went and beat another woman savagely at -- like 9:00 a.m. on a Sunday. And then he was let out again. And these are the courts.

We don't have guns in New York. We can't protect ourselves. The cops only arrive after the crime. The only thing that's left is to go after the courts to sue the cities. And whether it's a class action suit, but this stuff has to stop.

WATTERS: Do you think that would be effective if people started just slapping lawsuits on this municipalities, judge?

JEANNINE PIRRO, FOX NEWS HOST: You know, it depends. A lot of people are covered by sovereign immunity, but here is the problem. It all lies in the legislature. This whole issue has to do with the revolving door of justice. Whether it be the revolving door of justice as it relates to criminals or the revolving doors that relates to mental illness.

And what -- we don't know that this guy was mentally ill. Everybody wants to say, oh, they're mentally ill, they're crazy. I think they're evil, okay. There's a big difference. But, he's got two prior public intoxication -- two prior drug arrest and one public intoxication. There is nothing that indicates he's necessarily mentally ill. Maybe he's off his rocker. I wouldn't climb up that tree, but you know, that's just me.

GUTFELD: You got the legs for it.

PIRRO: Yes. Got the -- no, not anymore. But here's the problem, the problem is that we are left to live with those who are dangerous to us and to the community.

GUTFELD: Right.

PIRRO: As a judge, my power always stems from the ability to take someone out of society who I thought was a danger to himself or others. It's called the 730 in New York. Then you can send in the Bellevue and then they can sit there for a while and be analyzed. But the bottom line here is the left is lying to us that's why this is happening.

When Lori Lightfoot comes out and she says there is no crime here and it's up to the people who own the stores. You're full of crap. The people who own the stores pay taxes and you're defunding the police. You're telling the police to stand down. It's you, Lori Lightfoot.

And I'm sick and tired of people talking about the fact that you know what, we've got to worry about these people. No, I want to worry about the innocent victims. And Larry Krasner ought to be beaten out of Philadelphia, booted out of Philadelphia I should say and recall along with Gascon. They are literally killing us and injuring us.

WATTERS: How do you feel about all this, Dana?

DANA PERINO, FOX NEWS HOST: I mean, I will concur with everything. I am baffled by the effort to downplay the rising rate of crime and murder across the country by the federal government, by the administration. I understand that the press secretary today said, well, actually, the DOJ is helping a little bit. Like I just think that's pretty weak sauce compare to what people are seeing.

When you had one of the police officers today, when the stats came out about the 12 cities, he said that it was up in Rochester. That this is like a war zone. People are actually seeing this with their own eyes and I think we need a surge to deal with it. I think that a lot of this money that they want to spend in Build Back Better should be put into our prison system, into the court system.

If the courts are backed up or the prisons are backed up where you don't have enough prison guards, you don't have enough police, that' where I would put all of that money, maybe not all, okay. But I would put a great majority of it there because if people do not feel safe, they're -- people are not going to vote for you if you tell them, you're fine, you're fine.

No, don't worry. This is -- murder capital, don't worry about it. War zone, it's not real. That's what Larry Krasner did in Philadelphia.

PIRRO: Yes.

PERINO: People are not going to vote for them. People are going to vote for people who say I'll keep you safe. And who's saying that right now?

JESSICA TARLOV, FOX NEWS CONTRIBUTOR: I am saying it.

GUTFELD: You're conservative now that you're pregnant.

TARLOV: Yes, for one more week.

WATTERS: Did you read "The New York Times" headline, though, about this trade tree? They said it just caught on fire?

GUTFELD: Yes.

WATTERS: It just caught on fire.

TARLOV: Well, that SUV also just plowed through a Christmas parade.

PERINO: Right. Well, yes, you're really coming around.

TARLOV: I just read a lot and it was in "The New York Times" so, as it was in my bible. So, Eric Adams is saying I'm going to keep safe. And there are some mayors across the country and specifically the police chief, so I think, are leading this surge of making it clear to people and even higher positions of power that what's going on on the ground is not adequate.

They don't have the support that they need. They don't have enough police officers who have stayed in their jobs or who want to answer these calls because they know that things are not going to turn out as well for them as they did before and we can debate how we got to this place. But I think it relates to the conversation from last week about when we're going to see the fissures between the D.A.' and the council members and the police officer, the police chief and now the administration.

And I do believe that Joe Biden gets this. This is how he talked on the campaign trail. He was the first one to come out about the looting and to say this is different than the George Floyd protest. This is ransacking stores and just taking what you want. So, I'm hopeful that we will shift more on that direction.

And as always, because this is on film, that is why this is happening. Like this is why people are going to jail who would might normally be able to get away with it and it's what's going on with these stores because you can't say they're not being looted because it's all on film.

PIRRO: Yes, but who's going to jail?

TARLOV: Like Derek Chauvin -- I'm saying that we've had a lot of --

PIRRO: Yes, with murders, yes. But he violent crime that affects all of us.

TARLOV: I'm just saying that the phenomenon of being able to record everything is making a substance difference in people's ability to ignore - -

PIRRO: Yes. It's not about 20 years. Yes.

TARLOV: Okay.

WATTERS: All right. Well, from the reporting, the guy that lit the tree on fire is probably going to get out today or tomorrow.

PIRRO: He's going to make bail. Arson --

WATTERS: Because it's not a felony arson for what he did apparently.

PIRRO: Well, it's an offense under New York law where he has to be bailed.

WATTERS: Right.

PIRRO: Okay. Forget about whether or not he is tied to the community. The guy is homeless. He has no ties.

PERINO: So how does he do bail if he doesn't have any money?

GUTFELD: You don't need money anymore.

PIRRO: Yes, you don't.

PERINO: You can walk out the door?

PIRRO: That's why they have this bail reform.

GUTFELD: No cash bail.

PERINO: No cash bail.

PIRRO: It's a euphemism.

WATTERS: Hopefully, they take away his lighter.

GURFELD: Yes.

WATTERS: Coming up, Joe Biden now ordering the corrupt liberal media to save his presidency.

(COMMERCIAL BREAK)

PIRRO: President Biden now trying to pressure the media into giving him better coverage. The White House is not happy with how the press has been talking about inflation and the supply crisis. So a group of senior officials are reportedly holding secret meetings with major outlets and are trying to convince them into or coerce them I should say, into more positive coverage. And it looks like "The View" got the message loud and clear.

(BEGIN VIDEO CLIP)

WHOOPI GOLDBERG, HOST OF THE VIEW: The question is why don't people want to hear the good news for a change, you know? Is that what we need to hear when something good is happening here?

JOY BEHAR, HOST OF THE VIEW: You said, you know, that people are not picking up on the good stuff. I believe that that's because the media is not portraying him as a winner. They are minimizing what he is doing.

When the chips are down, Americans are going to understand that if Republicans take control of this country again, we are done as a country. We are done! Believe it.

(END VIDEO CLIP)

PIRRO: And they actually applaud. What do you say, Jesse?

WATTERS: It's an enlightened crowd.

PERINO: Though you might want to go on that --

WATTERS: I know. For the next book, yes, we might have to do "The View." Do you realize how bad things must be for a Democrat president to be begging Democrats in the media for a better spin?

PIRRO: Yes.

WATTERS: Haven't they done enough, judge? I mean, they spiked the laptop. They ignored the border. They cheerlead all of his mandates. They write stories like why inflation is actually a good thing.

PIRRO: Yes.

WATTERS: I mean, like, what else could they do? It's like me telling Johnny like, Johnny, you have to do more. You're really not doing enough. Like, what else could johnny do? Breastfeed Jesse, Jr.? Honestly. I mean, if he could I'd ask for it. But the thing that's going on here is this, Biden has some nerve to ask the press. He hasn't talked to the press. He turns around like he's deaf every time he's finished talking.

PERINO: It's fair. That's a good point.

WATTERS: He's done two sit down interviews since May. Last time I checked its December. What does he do? He clowns around to the town hall with Lemon or Cooper the whole time. He hasn't even sat down with the AP, Reuters, "Washington Post," "New York Times," "Wall Street Journal." And then he complains about bad coverage?

He's not selling his agenda because he's a poor communicator. And so --

PIRRO: All right. Dana?

WATTERS: -- his team is going to all the journalist and saying "can you be a little bit more like Jen Psaki?" Try to be a little bit more like Jen. And if he had good results, those results would sell themselves. If he was reducing crime, inflation, illegal immigration, COVID cases, he'd get better coverage.

PIRRO: But the point is they are saying -- they are saying he is not communicating properly. Is he not communicating properly or is Jesse right that he has limited the number of interviews and is continuing his campaign bunker strategy.

PERINO: I actually imagine that if I were those report -- those newsrooms that got one of these visits, I would say, excuse me? Because we haven't heard from him. We haven't even talked to him. Like we can ask Jen Psaki questions, she's the press secretary. She's very available and she answers all the questions. We might not like the answers but that's what they are.

He doesn't do -- he's not selling it. And they -- I read these headlines, Biden's communicators are to blame. No, they are not. And also they miss opportunities all the time. It comes from the top. For example, the other day they could have had a great press conference that said, guess what, omicron not as lethal as we thought.

PIRRO: That was great. Yes.

PERINO: So, this is great news. And in fact, guess what, you're not going to have to wear a mask on a plane. Something like that. Like they could make decisions based on science, actually. That would help them. But this is the same White House that demanded better coverage for the amazing airlift they did out of Afghanistan. It was like people were falling off the planes.

PIRRO: Yes, that's right.

PERINO: This is the White House that said that Republicans were the ones who wanted to defund the police. They had to backtrack on that. They said that inflation wasn't happening. Then they said, well, it's just transitory, when people are basically seeing in their own lives, but also in the statistics that come out.

So, I got to hand it to them, like to go in, like they know that they have a problem so that they're going to go in. I don't think that it's going to change "The View" saying we should all be happy and celebrate the wins. It's not going to change the fact that when you're at the grocery store and you see somebody in front of you that basically is like counting up the items and having to put away the Rice Krispies treat ingredients. And I heard this from a Democrat on the "Against the Grain Podcast.

PIRRO: All right.

PERINO: Like that stuff is real.

PIRRO: Well, it is real, but Greg, what about the allegation that the press is underselling the good news? What is the good news?

GUTFELD: It's hilarious. I mean, this reminds me of a guy going to another guy and pleading with them to talk him up in front of a girl he likes, right?

WATTERS: Who hasn't done that?

GUTFELD: Yes, exactly. I do that, you know, when I talked to the CEO at Fox about Jesse. Jesse's really coming along. But you got to be in total, I mean, think about it when "The View" becomes your public relations arm.

WATTERS: Yes.

GUTFELD: I mean, I guess the cast from "Teen Mom" was busy because I mean, this is -- I mean, it's amazing how almost like robotic that was. But I love also how this is posed as a secret meeting behind the scenes as if --

WATTERS: Right.

GUTFELD: -- it acknowledges the fact that the Biden White House is indeed a facade like a storefront from an episode of "Gunsmoke" and you just, right behind -- that's just fake.

PIRRO: Yes.

GUTFELD: It's all this other stuff going on and they don't know what the hell is going on. I just long for the good old days when Trump would just - - Trump didn't do -- Trump would talk to anybody and everybody. You know exactly what he was thinking. And he, of course, he did call. The only people he called in the news were commentariats, right?

He never like went to the heart. They didn't call up anybody. He didn't call up Bret Baier. I don't know.

WATTERS: You'd be surprised. I think he called everybody.

PERINO: Yes. I think he called everyone including Maggie Haberman.

PIRRO: Okay.

GUTFELD: But everything he said on the phone he would say on T.V.

PERINO: Yes.

WATTERS: Right.

GUTFELD: Joe doesn't talk to anybody except for himself when he's muttering in the yard.

PIRRO: Yes. All right, Jessica. Now, think about it. The White House has three other senior officials trying to talk to the press. And the one that I thought was most interesting to persuade the press to give better coverage was the ports envoy. Yes, I guess he's going to tell him the supply chain problem is isn't as bad as we think it is.

TARLOV: Well, ports are top of mind for people.

PIRRO: Yes.

TARLOV: Because --

PIRRO: So what's the good news?

TARLOV: Well, the good news actually, I thought this was interesting. Today, Joe Manchin put out this -- he carries around a card of the administration's accomplishments. Joe Manchin who I find to be relentlessly negative actually in terms of Democratic causes, actually walked around with this and talks about the COVID Relief Act, talks of the bipartisan Infrastructure Act.

PIRRO: Money.

PERINO: Yes.

TARLOV: People need money and they like money and Republicans love money more than Democrats do so that should be a good thing. But --

PIRRO: No, no. This money is going, well, go ahead.

TARLOV: They clearly know there is a problem and there were two things today that struck my interest on this front. One, Joe Manchin carries around this card, and two, the Monmouth Poll that showed that inflation and kitchen table issues are top of mind for basically every voter no matter your partisan affiliation.

And that's what they are having to run against. And having a ports envoy have this conversation or people who aren't Joe Biden who I think does actually pretty well in these interviews, is not going to hack it for the American public. And so that needs to switch around before the midterms come around. And people want to see their president.

WATTERS: We need an envoy. Let me see this.

PIRRO: Okay. Ahead, Democrats are now turning fast on Biden's vaccine mandates.

(COMMERCIAL BREAK)

TARLOV: Democrats beginning to sour on President Biden's vaccine mandates. Senator Joe Manchin now coming out against them and prominent liberals like Michigan Governor Gretchen Whitmer is upset that with the impact they've had on private businesses and the workforce. So, Dana, I'm going to go to you on this. It's obviously a big turn on the tide here. What do you think the Biden administration is going to do?

PERINO: Well, just like -- let's go back to August in Afghanistan for just a moment. And I believe it was middle of the month now, Afghanistan has been going downhill for two weeks and we're watching all of this happen. And all of a sudden, there's a press conference as announced by President Biden. Oh, what's it -- talk about Afghanistan? All right, pay attention.

No. That's when he announced all these vaccine mandates to try to change the subject. And I think that he completely miscalculated. I understand wanting to get people vaccinated, absolutely. And I support vaccines for the people that it make sense for health-wise. But Rand Paul did something pretty interesting through the Small Business Committee showing like -- showing how the job impact in different states is the result of these vaccine mandates.

So, if when you look at it that way, you have the president saying "well, we're going to do these mandates." Well, the Republicans are going to say something and it was going to be job impact. So, in some ways, this decision in the middle of Afghanistan to just throw out there the vaccine mandate without good legal backing was the most costly P.R. stunt in history because now it's going to be pulled back.

TARLOV: Judge, what do you think?

PIRRO: I think the judge who made the decision on pulling back all of the mandates was absolutely right, whether it's for companies with over 100 people, whether it's for the health care providers and now for the contractors, the federal contractors.

Then I think -- and I'm going to read this. Even in times of crisis, courts must preserve the rule of law and ensure that all branches of government act within the bounds of their constitutionally grounded authority. Biden didn't do it that's why he keeps getting slapped down.

And I -- one more thing, why is the left so focused on totalitarianism? They have such an instinct to lock us down, shut us down, and shut us up. That's all.

TARLOV: We're tight on time so I'm just going to say, Jesse, but I disagree with all (inaudible).

(LAUGHTER)

WATTERS: Well, yes. Not one, not two but all three of his vax mandates got rocked by the court. I remember someone sat right there in a mustache and they told me these vax mandates were perfectly legal.

GUTFELD: Yes.

WATTERS: I remember hearing a lot about that. And now Biden's delayed his own federal government vax mandates until after Christmas. So he's going to fire you after the holidays instead of before the holidays, which is great. We were said, you know, you're vaxxed if you have your two shots. Now you're vaxxed if you have a booster.

Now you have to get your five-year-old vaxxed. You're going to have to get your dog vaccine. Look, he's going to get the Pfizer by the way. And you don't --

PERINO: Give him what the best.

WATTERS: -- you can't have flex -- you have to have flexibility. You have to have some sort of religious exemption, medical exemption or else it feels too heavy-handed. And at this point, Joe blames all of his problems on COVID and he's just trying to vax his way out. And he can't do it because you're never going to get 100 percent vaccination rate in this country. So, he just has to get that through his head.

PIRRO: If he can.

TARLOV: I got really nervous that Jesse thought I had a moustache, by the way, for a second there. Greg.

(CROSSTALK)

GUTFELD: If you want a mustache, Jessica, you can have a mustache. This is 2021.

TARLOV: I don't. I don't want it. Thank you.

GUTFELD: Okay. Well, anyway, this is a dream come true for communists, right. The ever present -- ever present variant lets the government into your life more and more and to control it. And whenever one goes away, they can pop up another one. And suddenly, they like the police because the police have no control over what they decide. So the police has to end up enforcing these rules. And it can only go in dark places, Mayor Driftwood Easer Island face. This is my question to you. He's pushing -- he's pushing mandates as he leaves the office -- as he leaves office.

In five days, the mandate -- the mandates come in and then he leaves. My question to you is what is he trying to gain out of this? This -- is there something here financially that De Blasio has like a connection with pharmacy -- pharmaceutical companies? Because I don't --

PERINO: I think that he wants to be governor of New York and he needs to win a primary, so he's trying to get to the left of the current governor Kathy Hochul, and that this was the way to do it on his way out. That's what I think.

TARLOV: I think he also doesn't like Eric Adams, so he wants him to have to --

GUTFELD: It's a political financial move in my mind. By the way, just one last thing, I don't understand why people don't understand that you can be vaxxed and against vax mandates.

PERINO: Sure.

GUTFELD: I'm double vaxxed, I'm going to get a booster, I'm against vax mandates. People go like, you're vaxxed? And then they go, oh you're against -- like, you -- people live in this polarizing universe. They got to stop.

TARLOV: All right, ahead, a verdict at any moment in the Jussie Smollett trial. The latest details coming up next.

(COMMERCIAL BREAK)

GUTFELD: We can get a verdict at any moment in the trial for hate crime hoaxer Jussie Smollett. The jury deliberating right now after both sides made their closing arguments. The defense calling the case against Smollett a house of cards and saying the Osundairo brothers --

PERINO: Osundairo.

GUTFELD: Osundairo brothers are certified liars. But the prosecution reminding the jury there's a mountain of evidence against the actor. All right, Judge, predictions?

PIRRO: Not guilty -- I mean, guilty, guilty. And I'll tell you why. Look, the idea -- and I lived in Chicago for three years when I had a syndicated show. But the idea that you're going to meet up with these guys, one of whom you had a relationship with in a bathhouse, at 2:00 in the morning on a cold night in Chicago -- when you go out to buy eggs and when the stores close, you decide to have a sandwich, what happened to your diet that you said you needed eggs on?

And then you text message the Osundairo brothers at the same time kind of giving them your location. And I mean, all of it -- none of it makes sense. He's going to be found guilty. He's going to get probation because it's not a big offense. But he's going to get his butt sued for the amount of time the police spent trying to solve this crime.

GUTFELD: There you go. I think -- Jessica, it's not -- you know, you saw the media just completely support him upfront. And people say, oh, how gullible. I -- my belief is that the media was susceptible to the hoax because we've been inundated with this concept that America is hopelessly racist and that actual MAGA white guys are out on the street.

I mean, to believe that, you have to have that somehow bolstered. You have to be programmed to believe that.

TARLOV: I think that's true to a great extent. And hopefully, that'll come over and affect politicians too from just don't speak out right away about it. Say, you know, if these allegations are true, it's a terrible crime, we're going to investigate this.

The celebrity factor is so important here. It's what motivated Jussie Smollett to do this in the first place and also made it a national news story because I think if it hadn't been him, it would have been something they would have dealt with on a small scale and just been -- this is ridiculous.

GUTFELD: Like, the hate --- there's a lot of hate crime hoaxes, Jessie. What do you make of this? Do you think the media will own up to their idiocy or just --

WATTERS: No. Do you remember in the 80s those movies where the hot cheerleader pretended like she had a crush on the nerd and the nerd bought it and got all dressed up for the prom and it was actually a prank?

GUTFELD: I never saw this movie.

PERINO: Seriously?

WATTERS: It's like every movie in the 80s, right?

PERINO: No.

WATTERS: The media is the nerd and this girl would never be for a guy like you. Like, what are you thinking? Like, use your head. This is like this story, right?

GUTFELD: This is the weirdest analogy.

PERINO: Yes. OK.

WATTERS: No, it's true. It's like, they fall for the dumbest thing. So --

GUTFELD: I get it.

WATTERS: This is like -- this is like a typical CNN story, right? This is - - the Smollett here --

GUTFELD: It's like ticks every box.

WATTERS: Right. An unvaxxed MAGA hat-wearing Trump supporter climbs atop of a Confederate statue and just starts shooting burning crosses out of his AR-15 at a transgender immigrant's rights rally. I look at a headline like that, I'm like that can't be true.

The rest of the media looks at a headline like that and they're like, breaking news, atop a confederate statue, shooting flaming crosses at transgender immigrant rights ralliers.

GUTFELD: Yes.

WATTERS: Isn't that obvious? It's like Trump, the most patriotic president --

PIRRO: Oh, that's the point. That's the point. I'm following. I'm following. It's not obvious.

WATTERS: I mean, it's like, they got us to buy into Trump all of a sudden was a Russian. The guy is like, the most patriotic president of all time, right?

TARLOV: (INAUDIBLE)

WATTERS: Hello? Or like -- or like, baby-faced choir boy Kavanaugh was like gang-raping people.

PIRRO: Yes.

WATTERS: Like, come on. Use your head. They're not from Philly.

GUTFELD: Yes.

WATTERS: I'm from Philly. I have common sense. If the media was from Philly, they'd know these were hoaxes.

GUTFELD: All right, there you go. Dana, if he gets off or he doesn't get off and gets probation, he's not going away, right?

PERINO: No. I like how he said in the testimony he doesn't like attention.

GUTFELD: Yes.

WATTERS: Yes.

PERINO: That feeling is not going away. Kevin Williamson at NRO had this point about Jussie Smollett. If he is guilty of perjury, that is a felony in Illinois, and it could get you five years in prison, and $25,000 in fine. So, the $25,000, he could pay.

GUTFELD: Right?

PERINO: But he should do the time.

GUTFELD: That would be great. All right, "THE FASTEST" is up next.

(COMMERCIAL BREAK)

PERINO: All right. Well, welcome back to THE FIVE. We have such a treat for you right now. So, Jessica thinks we're going to do "THE FASTEST," but surprise. We are throwing you a baby shower on the spot. But wait, more --

TARLOV: I even read the topic.

WATTERS: Yes.

PERINO: Yes.

TARLOV: Oh my God.

PERINO: What do you say? Happy baby!

WATTERS: Yes.

TARLOV: I don't know what to say. Happy baby!

PIRRO: Or cupcakes.

TARLOV: Excellent. I need to make her bigger.

GUTFELD: I never been to a baby shower.

PERINO: Oh, that's exciting.

WATTERS: This is my first baby -- this is my first baby shower.

TARLOV: This is so cute, guys.

WATTERS: Oh, that was nice.

TARLOV: Thank you, and to everyone in my ear who definitely coordinated it.

PERINO: Yes, they did. They did.

TARLOV: Thank you. Is it good?

PIRRO: You didn't know, did you?

GUTFELD: Enjoy the gift. I went -- I spent a lot of time in this.

PIRRO: Careful with the cupcakes.

TARLOV: Did you loot it?

PERINO: This is Greg's gift for Jessica. Wow, I like these cupcakes a lot.

TARLOV: Is this a jelly cat.

PERINO: Very nice --

TARLOV: Am I supposed to go --

PERINO: Yes, go ahead. Open the gifts, yes.

TARLOV: Is this what happening? OK.

PERINO: What do we --

TARLOV: Are these lemurs?

GUTFELD: Yes. I believe it's a lemur or a sloth.

TARLOV: I think -- sloth?

GUTFELD: It could be a sloth. They look alike.

WATTERS: You really know children.

TARLOV: Fantastic.

PIRRO: Can you sit?

TARLOV: Yes.

GUTFELD: You know -- wait, there's another thing in there.

PIRRO: No, I want the camera to see it.

TARLOV: Yes, there's more.

PIRRO: Yes, there's more. Oh, I love it when there's more.

GUTFELD: There you go. I want that right next to the crib.

TARLOV: Thank God. Perfect.

GUTFELD: That has to be next to the crib at all times.

TARLOV: We don't -- we have great wall, but then two walls that are just painted, and now I know what will be going on the wall.

WATTERS: Yes. She wants the baby to go to sleep.

GUTFELD: Yes.

PIRRO: Oh, that's wonderful. OK.

TARLOV: And you can send me Evil Greg.

GUTFELD: Oh, yes. See you there.

PERINO: Jess, let's go with --

PIRRO: Let me get the bag.

PERINO: Jeanine will go next.

PIRRO: I'll be the -- I'll be the mother.

PERINO: Oh, Jesse, you're going next?

WATTERS: I'll go. I'll go.

PIRRO: Jesse.

PERINO: All right, this is bigger.

TARLOV: OK, it's going to be great.

GUTFELD: I feel like I'm at The View.

PERINO: Because the due date is a week from today.

TARLOV: Yes.

PIRRO: Yes, she's very pregnant.

TARLOV: Yes. This is exactly -- yes, OK.

WATTERS: Show the audience.

TARLOV: MAGA Kids.

GUTFELD: MAGA for kids.

WATTERS: Fair and balanced. You got to have both sides.

PIRRO: Yes, I love it.

TARLOV: Totally. Two little Republican, definitely what's growing inside of me.

WATTERS: You have to read it to him -- her.

PIRRO: The little Republican. Can I --

TARLOV: Sophie votes Republicans. A very bipartisan gift from Jesse.

WATTERS: That's right. Very enriching.

GUTFELD: I'm amazed with these books. Where did you get these?

PIRRO: Yes.

TARLOV: Yes, where did you get them, Jesse?

WATTERS: Oh, I look far and wide.

TARLOV: What store did you go to.

PIRRO: Sophie votes Republican. I love it.

TARLOV: You know, Johnny had it back for you last night.

PIRRO: OK, this is -- this is from me.

TARLOV: Thank you.

PIRRO: You're welcome.

PERINO: OK, what do we have?

TARLOV: I like these.

PERINO: Yes, (INAUDIBLE).

TARLOV: Everyone got really into the -- oh, I love all these --

GUTFELD: What is the flavor of these cupcakes?

TARLOV: Bunny.

WATTERS: Oh, that's cute.

TARLOV: They're going to be vanilla buttercream. You can get -- dig in if you want.

PIRRO: OK.

GUTFELD: I'm not supposed to eat this.

PIRRO: Those with (INAUDIBLE)

GUTFELD: You know I do.

PERINO: Got it.

GUTFELD: Maybe I'll take a bite.

WATTERS: Oh, that's cool.

TARLOV: Baby's first gavel?

PIRRO: Yes.

WATTERS: That's cool. You have to pay for law school though.

TARLOV: Does your grandson had these too?

PIRRO: Yes, this is in crystal.

TARLOV: Maybe for my second.

PIRRO: Yes, for your second.

WATTERS: This is cool.

TARLOV: Yeah, it's awesome.

WATTERS: I love it.

PIRRO: And --

PERINO: oh cute.

TARLOV: Oh, towel and hat. This is good. It's a little big for the -- leaving the hospital outfit is such a big deal.

PIRRO: No, you're going to have -- you're having a big baby.

TARLOV: Not that big.

PIRRO: Well, almost. Give it a few months.

GUTFELD: Your baby is going to be huge.

TARLOV: In the green room before this, by the way, the judge made me stand up. She was like, you have gotten so big over the last week.

PERINO: OK, this is -- this a Hungarian Vizsla stuffed toy that came from the U.K.

WATTERS: Wow.

PERINO: This is like Percy.

TARLOV: This is --

PERINO: Percy, Jasper, Henry combo. And also, this is from the staff for you.

TARLOV: Oh, thank you guys so much.

PERINO: The whole production team.

TARLOV: This is all so great.

PERINO: Yes. They've done a great job with it.

PIRRO: OK. Let me try to move.

TARLOV: Oh, it's a library of all their favorite books.

PIRRO: Oh.

WATTERS: Is How I Saved The World in there?

TARLOV: No.

PERINO: No.

TARLOV: Still, we're both --

PERINO: But this is such a great idea. All the -- all the books that the staff love.

TARLOV: Dragons Love Tacos, I've never heard of that.

PERINO: Oh, that's a good one.

PIRRO: Dragon Love Tacos?

TARLOV: You know that one?

PERINO: All right, and Jessica, the surprise doesn't end there. Your co- workers here at Fox wanting to congratulate you and give you some parenting advice, so watch this.

(BEGIN VIDEOTAPE)

AINSLEY EARHARDT, FOX NEWS CHANNEL CO-HOST: Jessica, we heard the news. You're having a baby.

STEVE DOOCY, FOX NEWS CHANNEL CO-HOST: A good parenting tip is this: wine.

BRIAN KILMEADE, FOX NEWS CHANNEL CONTRIBUTOR: And the other thing is this: If you have to name an uncle on THE FIVE, please don't make it Greg. That's all I ask.

HARRIS FAULKNER, FOX NEWS CHANNEL HOST: Congratulations to Jessica and beloved husband, Brian. You, my friend are about to find out why they saying, Tired as a Mother is so popular. The poop that drool the questions, no point here, just some highlights.

TUCKER CARLSON, FOX NEWS CHANNEL HOST: And remember, they don't listen to a word you say. They just watch you really carefully. So, good luck.

SEAN DUFFY, FOX NEWS CHANNEL CONTRIBUTOR: We are excited for you.

RACHEL CAMPOS-DUFFY, FOX NEWS CHANNEL CONTRIBUTOR: OK, so, here is the deal. The first baby is always the hardest. So, don't let that stop you from having more.

DUFFY: You'll be awesome, but the second one is harder than the first.

CAMPOS-DUFFY: He's wrong. The first is -- the first is harder.

DUFFY: Congratulations.

CAMPOS-DUFFY: Congratulations.

SANDRA SMITH, FOX NEWS CHANNEL ANCHOR: Enjoy every snuggle and enjoy every moment. You're going to be a great mom.

WILL CAIN, FOX NEWS CHANNEL CONTRIBUTOR: Hey, Jessica plus one, congratulations. I'm so happy for you. A little parenting advice. Be a benevolent dictator. You were in charge.

JOHN ROBERTS, FOX NEWS CHANNEL HOST: Teach them about the value of conversation particularly with family.

KENNEDY, FOX NEWS CHANNEL CONTRIBUTOR: Beer brings in your milk, especially Guinness. Enjoy your baby and that beautiful, wonderful smell and connection. I love you.

PETE HEGSETH, FOX NEWS CHANNEL CONTRIBUTOR: Jessica, congratulations. What a blessing. We are all so happy for you. Parenting advice, for boys I have a lot. For girls, they melt my heart and I'm done, so good luck. You will be the best.

GERALDO RIVERA, FOX NEWS CHANNEL CORRESPONDENT-AT-LARGE: Enjoy your new adventure. I'll send you lots of love from Cleveland, Ohio.

LAURA INGRAHAM, FOX NEWS CHANNEL HOST: Congratulations. I'm so happy for you, Jessica. Enjoy every minute. It goes by in a flash.

NEIL CAVUTO, FOX NEWS CHANNEL ANCHOR: Nothing beats that first look in your baby's eyes when you see the magic of life and the first tax deduction. Congratulations.

HAROLD FORD JR., FOX NEWS CHANNEL CONTRIBUTOR: Jessica, congratulations. The happiest day in your life is about to come upon you. The only advice I have is to try to get a little sleep now. I don't remember the last time I got sleep.

MARTHA MACCALLUM, FOX NEWS CHANNEL ANCHOR: Don't take too many pictures. Take the time to just be where you are and to hold that baby and spend time with it. You're going to be a fantastic mom.

SEAN HANNITY, FOX NEWS CHANNEL HOST: The question I have though is, what if the baby grows up to be a conservative? I don't know, just a thought. Anyway, in all seriousness, congratulations. We love you. We are happy for you and we wish you the best.

(END VIDEOTAPE)

TARLOV: That's so sweet.

WATTERS: That's really nice.

PIRRO: That's so --

PERINO: Are you surprised?

TARLOV: Yes.

GUTFELD: That's just part one.

TARLOV: That's just part one?

GUTFELD: There'll be more -- part two.

PERINO: Yes, we have so many other things happenings.

TARLOV: How could there be more?

PIRRO: Oh, yes. Well, the first thing is say goodbye to sleep. Just say goodbye to sleep, OK. Right, Jesse?

WATTERS: Yes. And I like the fact that you prepared for the segment. Like you actually thought there was going to be a new segment.

PERINO: She was ready for all of that.

TARLOV: Well --

PERINO: But we do have one more final surprise.

WATTERS: Oh we do.

PERINO: Jessica's husband, Brian McKenzie is here.

TARLOV: In the teleprompter

WATTERS: Oh, wow.

PERINO: His first time on THE FIVE but there could be more and maybe --

TARLOV: Well, on television. He must be sweating a lot.

PERINO: Hi, Brian.

GUTFELD: Oh, what's.

TARLOV: Oh, it's a Katz's

PERINO: And this is Katz's deli sandwich, apparently.

WATTERS: Oh, what is this?

PERINO: Have you been craving the Katz's deli sandwich?

TARLOV: Oh, I'm going to eat them.

PERINO: Tell us about the sandwich and about Brian.

TARLOV: So, Brian is lovely. The sandwich is lovelier.

PIRRO: I'll take this.

TARLOV: I've been eating like mostly hot dogs and like cured meat.

PIRRO: What is that?

TARLOV: From Katz's Deli, the pastrami sandwich.

PIRRO: Oh.

TARLOV: Do you want to get in there.

PIRRO: No.

PERINO: Brian, your love story is so incredible. Are you just counting the days till this baby is here?

BRIAN MCKENZIE, JESSICA TARLOV'S HUSBAND: It's been -- it's been a very fun year.

PERINO: You guys have had quite a year.

WATTERS: Just wait. Congratulations.

PERINO: All right, congratulations.

MCKENZIE: Thank you.

PERINO: We look forward to meeting this baby. She's due in a week. It could be before.

WATTERS: Right. Give me that sandwich. I'll take that for a moment.

PERINO: All right, Jessica and Brian, congratulations from everyone here.

TARLOV: Thank you, guys.

PERINO: "ONE MORE THING" is up next.

TARLOV: Amazing.

(COMMERCIAL BREAK)

PERINO: Well, before we get to "ONE MORE THING," I have a very special announcement to make. After our All-American Christmas Tree was set on fire by an arsonist this morning, we have planned for a new tree to be rebuilt and installed right outside here on Fox square.

As a sign of resilience and hope we will be lighting the new light -- tree live here tomorrow night during THE FIVE and we will be joined by our colleagues Lawrence Jones and Abby Hornacek. They led the original tree lighting last weekend with Steve Doocy, Ainsley Earhart, Mike Rowe, Pete Hegseth, Rachel Campos-Duffy, Todd Piro, and Carly Shimkus Carley Shimkus.

We also have some incredible guests including members of the FDNY and NYPD and remarks by Cardinal Dolan, our contributor Reverend Jacques DeGraff, and Rabbi Joseph Potosnick. The festivities start at 4 30 and we encourage all of you to come and enjoy some holiday cheer.

And as a silver lining and an act of kindness during the holiday season, both Fox News Media and Fox Corporation have made a $100,000 donation to answer the call which provides financial assistance to the families of fallen service members of the FDNY and NYPD, the two agencies who responded immediately to our very own emergency. We are so grateful for all of them.

And we would also like to take this opportunity to thank everyone for the outpouring of support from our neighbors around midtown Manhattan as well as our colleagues throughout Fox Corp and news corp and loyal viewers.

WATTERS: And our very own Greg Gutfeld has announced that he's going to be matching all donations to that front.

PERINO: Wow, amazing.

WATTERS: Thank you, Greg. You're very charitable.

GUTFELD: We'll be matching it in money.

WATTERS: Yes, you mean matching it --

GUTFELD: And frosting.

WATTERS: And frosting?

GUTFELD: Yes.

WATTERS: OK, all right, well, thank you for your kindness.

GUTFELD: Thank you for your service.

WATTERS: It's my apology tour.

PERINO: Oh no. What did you do?

WATTERS: These are becoming more frequent, unfortunately. Yesterday, I said this on the show. Run it.

(BEGIN VIDEO CLIP)

WATTERS: And if that guy dies, the dog won't eat him. But the cat will eat his face right off.

TYRUS, FOX NEWS CHANNEL HOST: No, no, no, that is --

WATTERS: Animals are great except cats.

(END VIDEO CLIP)

WATTERS: So, I offended a lot of cat people and I've heard from a lot of cat people. I didn't know how many cat people there were. So, I just want to say I'm sorry to the cats and the cat owners. I did not mean offense.

PERINO: I did not think that's what you'd be apologizing for.

WATTERS: There's so many other things.

PERINO: There was -- there are a few.

WATTERS: All right, Greg.

GUTFELD: All right, let's do this. Greg's Workout Tips. You know, as you know, when you work out at a gym as much as I do, it's important to be able to handle your free weights, use the right form, and above all, don't be bouncing the weights because you think it's cool, like this fellow here who's trying to do dead lifts.

But he just like he's got -- its form is rough. He's throwing it down. There are people around in the gym that are just -- don't need to hear that. Really -- that's all I got to say.

WATTERS: Get his father.

PERINO: He's going to hurt his back.

GUTFELD: Yes, he's going to hurt his back, definitely.

WATTERS: All right, Judge.

PIRRO: But don't you hate it when uninvited aunts and uncles decide that they want to come and see you? You know, they're always at your doorstep around the holidays. So, one Colorado family got the shock of a lifetime when this visitor appeared at the door. Take a look.

OK, that's right. A massive elk use its antler to ring the front door bell. But he didn't stop there. Since no one came to the door, the elk decided to treat himself to a quick snack. He spent several minutes munching on the flowers near the door. After having his fill of flowers, he moved on to nibbling around the Christmas tree reef.

GUTFELD: So, it wasn't an aunt, it was an antler.

PIRRO: Antler.

GUTFELD: Oh, you are so clever.

PIRRO: Thank you.

GUTFELD: You didn't even know that.

PIRRO: I did. I put it in your head.

WATTERS: That went right over my head.

TARLOV: Me too.

WATTERS: Jessica.

TARLOV: The antler thing. OK, so let's do this. This is my first time being able to do this. Jessica's Christmas Sweater News. Also, that picture -- headshot, when I was thin, which is so nice to look at. I'll get back there one day. So, take a look at the world's most expensive Christmas sweater coming in at 34 000.

PERINO: What?

PIRRO: Why?

TARLOV: The artist is Aidan Liban, from West London, post a reindeer on a starring night 24 karat gold thread, 2,000 Swarovski crystals, and lining made from Italian silk, 150 diamonds in the collar.

PIRRO: Diamonds?

TARLOV: Yes. You like it now? You like it better?

TARLOV: And then we have at the Natural History Museum in London, I have another sweater to show you. Outfitted its animatronic Tyrannosaurus Rex in a colorful Christmas sweater, the turtleneck created by a British company that also dresses members of parliament. Do with that what you will. It fit snugly around the T-Rex's upper wide -- upper body and neck, and then tapered into little sleeves because they have the tiniest arms. That was the big challenge.

PERINO: Those tiny arms.

TARLOV: Yes. Like, we -- well, it's a bit --

WATTERS: That's like when the -- that's like when the check comes. Like, it can't --

TARLOV: You just can't make it to my --

WATTERS: What killed the dinosaurs by the way? Have we ever figured that out?

GUTFELD: Asteroids, man.

WATTERS: Is it an asteroid?

GUTFELD: Yes.

PERINO: Smoking.

WATTERS: Smoking? Dana, now I know that's not true. That's it for us. "SPECIAL REPORT" is up next. Hey, Bret.

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