Bill Cosby formally charged with aggravated indecent assault

This is a rush transcript from "The Five," December 30, 2015. This copy may not be in its final form and may be updated.

ERIC BOLLING, CO-HOST: Hello everyone. I'm Eric Bolling, along with Kimberly Guilfoyle, Julie Roginski, Meghan McCain and Jesse Watters.  Its 5:00 in New York City and this is "The Five."

This is a Fox News alert. Bombshell, Bill Cosby developments, the comedian arrested and charged with aggravated indecent assault, a felony for allegedly drugging and then sexually violating a woman more than a decade ago. In 2004, prosecutors say Cosby had former temple university employee Andrea Constand over to his home near Philadelphia. They say he gave her pills and wine and then touched her while she was "paralyzed" and unable to respond to his advances.

More that 50 women have accused TV's former number dad of sex crimes. This past summer, unsealed court documents revealed Bill Cosby admitted. Ge gave quaaludes to women he wanted to have sex with. Cosby has acknowledged sexual contact with this woman. But he claims it was consensual. The Montgomery County assistant district attorney explains why he reopened the case.


KEVIN STEELE, MONTGOMERY COUNTY ASSISTANT D.A.: A prosecutor's job is to follow the evidence wherever it takes us. And sometimes that means whenever it comes to delay. When U.S. federal judge Edward Robreno unsealed legal filings that contained references to the civil deposition, and we learned about allegations from other victims under similar circumstances, reopening this case was not a question. Rather, reopening this case was our duty. Today, after examination of all the evidence, we are able to seek justice on behalf of the victim.


BOLLING: Cosby is free before trial after posting a $100,000 bond. K.G., I think the operative term here is reopening. Why does it need to be reopened? Why did they do wrong the first time?

KIMBRELY GUILFOYLE, CO-HOST: Well, because obviously at some time they took, you know, a look a pass through on the evidence in the case.  And so new developments have occurred and I tell you what that is. Because there's 40 women that have alleged they've had some kind of interaction with him where they were sexually assaulted or that it wasn't consensual because they were drugged at the time.

What the prosecutor is going to try to do to this case. They're going to bring forward a motion in front of the judge to have the other women testify. Now you're probably thinking to yourself wow that seems like stacking the deck, very prejudicial if you're going to be judging the case on its specific merits. But, if there's a way under the evidence code to bring it in to talk about prior bad acts or mode of operation kind of aim of how you do thing, and if it's a similar pattern, then, you can say it's more probative than prejudicial and it could be allowed in.

So assuming there's even a conviction...

BOLLING: There's no double jeopardy involved or he at one point he wasn't...

GUILFOYLE: Well, no, because he wasn't tried. He wasn't ever tried for it. So there is no double jeopardy issue. This case would go forward.  And look, it's very serious charges. We looking at you know, 10 years in state prison. He's 78 years of age. But he's got the money and the resources to fight this. And it's really going to be a matter of how the motions go down in front of the judge. What evidence he allows in. What testimony, and then it's going to be a he said, she said in terms of a credibility call with jurors.

BOLLING: Julie, a lot of she saids though more than one as K.G. picks out at least 40.

JULIE ROGINSKY, CO-HOST: Yeah, I mean a lot of she said, and this particular case, Kimberly, it's interesting to me, she admitted that she voluntary took the quaaludes, right? Does that somehow make her less of a credible witness? I don't know, I mean, I say, if I'm a defense attorney, I'm going to say look she volunteered to take these drugs, she maybe was not in the right state of mind, she thinks that she didn't give consent because she was so drugged up. Maybe she did give consent. I mean this seems like a difficult case to bring up. Which is a shame because I don't want to judge anybody for being guilty before the court finds them guilty.


ROGINSKY: But nevertheless, the evidence seems to be very strong against him that he did this repeatedly to a many women...

GUILFOYLE: Right, how many of those prior instances are they going to let in if any?


GUILFOYLE: Because just this case on its merits, never proceed forward before. Until we had all of these other people come forward.


GUILFOYLE: And even in your own mind, you're thinking well 40 other women have said they've had some kind of similar experience? That doesn't sound good. It's not one or two. It's not a one-off between Bill Cosby and this woman who is making the complaint against him. But you know, that's what courts are for and the justice system and beyond a reasonable doubt. He'll have his day in trial. And so will the victim.

ROGINSKY: But that's my -- I'm sorry but that's just my question about this. Let's assume that the motion is granted to the defense and nobody else is allowed to testify about prior bad acts or subsequent bad acts. On its merits just on this particular case, the prosecution is going to have a tough time.

GUILFOYLE: It's very tough case. If it was a good case, they would have brought it forward before. It's brought forward now because of all the other people coming forward they say OK well, listen we can put this forward.

BOLLING: Should I get Meghan, can you give us a visceral reaction when you see Bill Cosby walking into court to be arraigned?

MEGHAN MCCAIN, CO-HOST THE FIVE: Yes, I mean, there's -- you're a lawyer, so you're going to take this from a legal angle. I'm emotional. So I think he's a monster and I'm glad he's finally getting -- I'm sorry -- 40 women. I read all the story. They are at the New York magazine cover story. Beverly Johnson wrote a really heartbreaking story about her experience with him. But I want to ask, you can really, he admitted to obtaining drugs to drug women for sexual purposes in a deposition that came out 10 years ago, does that make a difference?

GUILFOYLE: Yes, because a statement against interest like that can come in court against him. Even if he choosing not to take the stand. Because if you make a statement like that against your interests it's considered to be not hearsay because it is more probative and looks like it's -- yes but the truth of the matter asserted, it may in fact be put forward in front of a jury.

So that's where they also call statements against penal interests. Like, if you were to make a statement like that, you could be facing criminal time, behind bars, et cetera. So why would you say it unless you're up there.

BOLLING: Good thing we have Kimberly...


BOLLING: Jesse, your thoughts on TV's, you know, dad of all time going down hard.

JESSE WATTERS, CO-HOST THE FIVE: Mr. Huxtable. I mean, we grew up with this guy. This was America's dad. And there's a saying, you know, the brighter the star, the darker the demons. And if this is true, I mean this guy's got some serious demons. And you can see what's already happening when he exited his SUV. You know, he's got the cane, he's holding on to the arm. So looks like they're trying to say this guy is 78 years old.  But he's got the money to string it out. But there are a lot of consistencies in all of these allegations. And they're very disturbing.

So what he does is he grooms these women. He allegedly brings them in, I'm going to coach you, I'm going to get you auditions, fly you out to Vegas, stay in a luxury hotel room. You know, then let's have wine and some you know, wine you and dine you, here's some quaaludes, next thing you know they're unconscious and he's violating them. That's a disturbing kind of a power trip he's got going and then he has his handlers and he has fixers and he has pimps and you were...

GUILFOYLE: Well, that's called a sexual predator.


GUILFOYLE: Right and pays people off. So this was kind of an open secret in Hollywood. From what I understand, this was kind of had out in the public. And no one ever blew the whistle. So, you know, people should stand up and you know, hopefully these prosecutors open up other cases.

GUILFOYLE: Well people were complicit in sex crimes committed against women.

BOLLING: But some of these women did blow the whistle and some of these women were push back. A lot of them were snubbed at the time. Go ahead.

ROGINSKY: Your point though talking about handlers and he's walking in with a cane. I saw this and I thought he's wearing his cliff Huxtable sweater.



ROGINSKY: Did ever he notice the sweater, he was wearing a ugly sweater?  That's the Bill Cosby that we know as America's dad. The Cliff Huxtable sweater, his handlers clearly had something they want to want to spread out there in image of you know this guy. This is Cliff Huxtableto put out there. His image. You no they guy, this is Cliff Huxtable. This is America's dad and this is you know, is this trying to sway the jury?

GUILFOYLE: Well, jury (ph) battle image...


GUILFOYLE: None of this happens in a vacuum. They'll be told and admonished by the judge and not to take into any account anything they might have heard on television shows like this or other because this has been covered, you know, all over the world. This is such a big story. So people, he'll ask them, has anybody heard about this case, et cetera...

BOLLING: There's its sweater.


GUILFOYLE: ... and then there you go...


ROGINSKY: That is Dr. Huxtable's sweater. That's the sweater he used to wear on the show, one of the sweaters he used to wear on the show, its brilliant.

GUILFOYLE: Close to evoke a nice a warm memory about him like Jello Commercial.

MCCAIN: But I think it's fascinating about this story is like you said there were rumors all over Hollywood for such a long time. I assume people covering it up allegedly. But it took a comedian talking about this in an act.


MCCAIN: That's to reignite this and a man in his act, making fun of him to reignite all of these allegations everywhere of that being.

BOLLING: But let's listen to Bill Cosby himself when he addressed the sexual assault allegations at Nightline back in May.


BILL COSBY, COMEDIAN: It's interesting. This is a situation that's unprecedented. My family, my friends, I have been in this business 52 years. And i will -- I've never seen anything like this and reality is a situation. And I, I can't speak.


BOLLING: Bring it around this way, Jesse, again, where there's smoke, there's fire. There's a heck of a lot of smoke.

WATTERS: You know, this reminds me of O.J. Simpson. You have two rock star black American personalities that really had a lot of crossover appeal, a lot of commercial appeal. And there have been stuff that's been going on. You know, remember O.J. punching his wife for a long time.  Nobody said anything. You know, he had all these stuff going with Cosby for all these decades. His fame and fortune got away with a lot. But then, you know, the law comes down on you eventually.

And, you know, is black America going to rally to this guy, Cosby? Like they rallied to O.J.? I don't think so. I really think they're different people, times have changed. And it's just, it's sad for Cosby. But it's even sadder for all the women he allegedly abused, if that's true.


BOLLING: Did that soften a few at all, hearing him in his own words?

MCCAIN: No, in fact, I was thinking whoever is doing his P.R. needs to be fired. If you're accused of something like this and you're claiming you're innocent. I didn't do it. I never did it. It's horrific. America thinks I'm a monster. I've been in this business 52 years. And he just looks like he was spouting out words and it made him look more guilty to me.


ROGINSKY: Yeah, the whole thing to me, what's interesting to me is he's a huge celebrity, one point probably the biggest celebrity on American television.

GUILFOYLE: And an iconic figure.

ROGINSKY: And iconic figure. What is psychotic about his behavior is he could have had, he wants to cheat on his wife, he could have had super models lining up to have consensual sex with him. The fact that he actually went there and drug these women, that's says to me something more than just a bad act. That to me is a crazy sexual predator.


BOLLING: Is this a possible defense?

GUILFOYLE: Like affluenza to say?


GUILFOYLE: Don't try it. That's not going to go over well. I mean that's not any legally justifiable defense, like as we've seen in cases like affluenza, they can come up with something. But the point is how is it going to help him in this case? This is a guy who really marketed himself as wholesome, you know, all-American, someone that you'd want to take into your family. Have you read books to your kids at night. I mean, he was just amazing the way he was with children.

This is somebody who had a high credibility, integrity, trust factor and kind of cue factor out there in the public. And it just destroyed with his -- these stories. Then, again, just voluminous amount of people coming forward which takes a lot of courage to do. And for just for the record, these are the toughest cases to prosecute. I know because I've prosecuted these and they're real tough on the victims, they're tough to get the juries to say, because it's he said, she said, it comes down to a credibility call.

BOLLING: OK. And maybe used of body of evidence.


BOLLING: Quite a few. I'm going to leave it there.

Up next, trump on the attack. The GOP front-runner refusing to back down from his attacks on the Clintons. But will criticism of Bill Clinton's sexual impropriety during his time at the white house help or hurt the Donald? Details is next.


GUILFOYLE: Donald Trump doubling down in his criticism of the Clintons.  The republican front-runner pushing back over allegations of sexism and vowing that in a general election, the Clinton scandals of the '90s will not be off-limits. Trump went on the record with me last night.

DONALD TRUMP, R-PRESIDENTIAL CANDIDATE: If you bring up the women card, I'm going to bring up the women card too. And I'm going to be talking about your husband and what happened with women. Because I think that's fair game. And as you saw the press has gone wild over it but the truth is most of them agree with me. I mean it is fair game, if she wants to play that card.

Now, if she doesn't play that card, that's a different circumstance. But if she plays that card, then Bill is certainly open its fair game.

GUILFOYLE: OK, so that was last night on Greta's show "On the Record" that he came also to promote the New Year show. But we talked about this because it has been definitely heavy in the airways in terms of a coverage regarding the 2016 campaign. And Eric, you know he's saying listen, this is fair game. She came at me about this and be careful, glass houses.

BOLLING: Yeah, I think its brilliant strategy. Look at what he's done.  He's taken the one big card that she's been playing throughout the whole campaign, the women card and used the gender politics, she's been right in front and center pushing it forward and he took it out of her hand. He said if you want to play that card, I'll play the card against you and my card is pretty darn strong. Why did you look the other way when no fewer than at least five, maybe more women who have accused her husband of sexual improprieties? I mean wow, did he neutralize that card. So now it's one- on-one. My guess is she won't play the card anymore.


GUILFOYLE: Meghan is nodding.

MCCAIN: I don't always see eye to eye on Trump, Eric. But I completely second everything you just said. And I want to say that Hillary Clinton is going after millennials, she's hanging out with Lena Dunham, trying to reach out. Millennials grew up in the '90s I had very uncomfortable conversations with my family and at school because of Bill Clinton's behavior in the White House. And that is something that I haven't forgotten and I have a very different definition of feminism and Hillary Clinton does. And I think a lot of young women in the America are isn't comfortable as I am with Bill Clinton going back in the White House.

GUILFOYLE: OK, I can just imagine you talking...

MCCAIN: Very uncomfortable.

GUILFOYLE: ... senator McCain about this. But that explains to me what happened in the situation.

MCCAIN: In all seriousness, I mean not to like TMI but in all seriousness, I had a very awkward uncomfortable conversations. That again, I was too young, I was like 13 and again, his behavior, everyone was talking about it. I'll never forget it. It's horrible, horrible.


WATTERS: Yeah, I mean, I didn't have an uncomfortable conversation, I'm little bit older than you. But I mean Hillary brought this on herself.  Remember how this whole thing started. He teased her for taking too long to come back from the bathroom during the debate.

Now, and she says oh, you know, he plays the gender card. If Chris Christie had taken too long and missed the cue when he came back going to the bathroom. He would have gone after Chris Christie, too. So she overplayed the women card and it blew up in her face

Now, when Bill Clinton was waging the war on women in the '90s, she was the first lieutenant. You said she looked the other way she did more than that. When all of these things were happening, she was, you know, smearing people. She was hiring private eyes. She was having guys say, you know, drag a dollar bill through a trailer park and look what comes out.

GUILFOYLE: Oh, it's horrible.

WATTERS: So she's not pure on this whole thing. So I think Eric is right.  He neutralized this. But listen, I'd be worried if I were Trump because listen, the Clinton campaign fights dirty. You know, you could you go around and dig up stuff. They're not above that at you all. So it could get real ugly and you know, it's going to be fun to watch.

GUILFOYLE: You seem kind of enthused trough out the whole thing you know, oddly reversed way nice. Glad you're being yourself today, Jesse.

WATTERS: Thank you.


ROGINSKY: So not only is Hillary not going to not bring this up again.  She's going to ride this all the way to the bank. Because nothing works better for Hillary Clinton than the juxtaposition of Donald Trump going after Bill Clinton for something that first of all was litigated 20 years ago. And secondly, where she's the wronged wife?

Now, the hit on her is Jesse's hit. That hit actually legitimate hit. The hit that trump is making is not Jesse's point. What trump is saying is "Oh her husband is a predator and he cheated on her with other women. And somehow that's her fault."

WATTERS: I don't think that he's even gotten there yet. I mean think this...


ROGINSKY: She's the wronged party there.

BOLLING: This is Donald Trump saying you don't want to go there. In fact if you go there, look what I got to that.

ROGINSKY: But I'll tell you...

BOLLING: Can you imagine relitigating as you point out. It's been litigated.


BOLLING: Gennifer Flowers brought her it.

ROGINSKY: Yes and guess when...


ROGINSKY: Guess when Hillary...

BOLLING: He doesn't want that.

ROGINSKY: Guess when Hillary Clinton's numbers were better at any other time in her career, right during the Monica and after the Monica thing.  Nobody plays the victim...


ROGINSKY: Nobody plays the victim better...

BOLLING: They felt sorry for her then...

ROGINSKY: And they're going to feel sorry for her again?

BOLLING: What -- if you want a president that you feel sorry for?

ROGINSKY: It's not a matter until he sorry for her. I think there's a lot of women out there who have been in similar situations where she's going to say look, nobody knows what happens in anybody's marriage. What happened to my marriage is incredibly painful. I felt betrayed, I felt lied to.  And the fact that Mr. Trump is bringing up a very painful period for me as a wife.


BOLLING: And that's he's (ph) nothing about it.

ROGINSKY: Why would she...


ROGINSKY: But Eric, here's the problem. You expect her to leave her husband? You expect her to leave her husband over this? A lot of women wouldn't agree with that.

BOLLING: No. I don't expect her to leave her husband. But I also don't expect her to play the card when she wants to be president. I will not let that just thing go.

GUILFOYLE: I think it's a big political mistake.

MCCAIN: And also she hypes herself to be a post feminist icon to my generation, which I completely disagree with. You can't say you're this big feminist icon and it behaves in a way that she did. And I don't think a lot of young post-feminist whatever work (ph) on you that.

ROGINSKY: What she could hit her honest what Jesse hit her on which is that she was pretty complicit in dragging a lot of these women through the mud and she was. What she should be hit on is staying with her husband who cheated on her because nobody knows what happens in a marriage and there's plenty of women out there who did the same thing who may be potentially on the cause for voting for Donald Trump. Then, you say, why is he judging?  By the way his wife same with him where he might not have been able to one of his...

GUILFOYLE: Well, I think the main crux of his statement is saying be careful because I'll bring up the acts of...

BOLLING: (Inaudible) if she was one of them.

GUILFOYLE: ... you know, sexual acts by your husband and you sat there and bad-mouth the women. I think that's the bad part of the whole scenario.  Not whether she stayed with him or not. The fact that she didn't treat him, wasn't respectful about the other women...

ROGINSKY: That's a legitimate hit.

GUILFOYLE: ... that in fact have said, listen this guy was a predator on us.

ROGINSKY: That's a legitimate hit. But what the Clinton's are very good at, well anybody in politics is very good at. She's muddying the water.  She's going to come out of this looking like a victim. It's a very good look for her.

MCCAIN: I think it's already not working.

BOLLING: At the expense of bill. That's a big, that's -- that is a big thing. That's pit hole (ph) order for her to do.


GUILFOYLE: Very well. She did it in '98 very well.

ROGINSKY: We shall see.

MCCAIN: You want Bill Clinton back in the white house around return?

ROGINSKY: I do. I want Clinton back in the white house.

MCCAIN: If you want Bill Clinton back in the White House round (ph) I'm in turn.

ROGINSKY: I want him back in the White house period, outset (ph) that interns.

GUILFOYLE: Oh Julie, I'm going to give you a second one, two, three to take that back.

WATTERS: That's not nice.


BOLLING: It's Cosby segment? Come on.

ROGINSKY: No, I said I want him back in the White House, I said, not the interns. That's what I said.

GUILFOYLE: Oh I don't care about the interns.

ROGINSKY: No, no, no, no, no not the interns.

GUILFOYLE: Interns lives matter.

ROGINSKY: Interns lives do matter yes.

GUILFOYLE: All right.

ROGINSKY: Expression how you do credit from -- yes. And poor Monica, I have said yesterday, I mean it. I feel very bad for her and I continue to feel very bad on that.

GUILFOYLE: All right, we could go on that. Thanks.

When we come back unprecedented security is being beefed up for the New Year's party in Times Square tomorrow night. But are we actually safe for potential terror threats? A live update is next. Stay with us.

ROGINSKY: All eyes will be in Times Square tomorrow night. Where an estimated 1 million partygoers will be ringing in the New Year. Officials say New York City has received no credible security threats. But the NYPD is leaving nothing to chance. Officials say 6000 police officers, hundreds of them with long guns, radiation detectors and bomb-sniffing dogs will be on guard. Elite counterterrorism cops will also be on hand. Rick Leventhal joins us from Times Square. Hi, Rick.

RICK LEVENTHAL, FOX NEWS SENIOR CORRESPONDENT: Hey, Julie. The NYPD says this is the best-prepared city to prevent a terror attack. And probably the safest place in the world to ring in the New Year, right here in Times Square, believe it or not, where they will have 600 to 800 more police officers than years past. A 6000 total cops, assigned to this particular location tomorrow night and that includes that elite counterterrorism unit, the critical response command and strategic response group. They'll be joined by agents from the FBI'S joint terrorism task force, other federal agencies as well.

These police officers will be on rooftops, they'll be snipers out here there will be helicopters overhead with special military-graded surveillance type equipment. There will be heavily-armed boats on the water supplemented by the U.S. Coast Guard. They're sealing manhole covered, removing trash cans, closing parking garages, they'll have cops on horseback, police on motorcycles, undercover cops, hundreds of them working the crowd as well.

And let me just give you an idea of what it's going to be like to try and get into Times Square tomorrow. There are 14 checkpoints being established between 38th street and 59th street between 6th and 8th Avenue. So you come up to this checkpoint. You can't have a backpack or a duffle bag and you can't carry alcohol. There'll be uniformed officers there who will basically trace (ph) you. They'll have magnetometers or wands where they'll check you. And then you have to walk about 50 yards down the block to another checkpoint where other officers to give you another search, where they have canine dogs trained sniffing out explosives and chemical and radiation detectors. They'll also have officers with long guns to that second checkpoint.

So if someone tries to breach the first checkpoint, you could be shot by these officers at the second checkpoint. And then you have to go through another frisking procedure before you get into the pen one of the 65 pens that we're going to be set up in the Times Square area to hold the roughly 1 million people who are expected to be here.

So a very, very thorough frisking and searching process to a little that everyone will have to go through before they can make it into Times Square.  Again, if you leave that pen, then you can't get back in. You have to go to the back of the line and go through security all over again.

ROGITSKY: Wow. Well, let me ask you this. I know they canceled New Year's celebrations in Brussels today for tomorrow. Is this impacting anything that's going on in New York at all or is NYPD proceeding as planned?

LEVENTHAL: They are not going to cancel anything here. They do say there are no credible threats. Obviously, they're on alert for that. But they will not cancel fireworks or any other events here like they did in Brussels. And in fact there are going to be fireworks in Coney Island, they're be concerts at Madison Square Garden and Barclays Center in Brooklyn and the Metropolitan Opera tomorrow night. There's a run in Central park. There'll be police covering all of these events and they're all going on as scheduled.

BOLLING: Hey, Lev, I didn't catch this. I'm not sure if you said this in the intro, but I know you go to a football game now, you can only bring in, or your wife can only bring in a small bag that's clear. Do they have the same rule for Times Square?

LEVENTHAL: Same rules. Absolutely. Same rules. Yes. No backpacks, no duffle bags. And whatever you're carrying, Eric, they're going to check it.

BOLLING: All right.



GUILFOYLE: What to do there. But I feel oddly much more secure than I did before we started the show. I was feeling pretty good. But now I feel -- I'm definitely feeling better when you said that they're going to be, like, shooting anybody -- and penetrates, you know, the barrier there. So that sounds a little aggressive. I hadn't heard that before. Last year when I did this, we didn't have that level of killing.

LEVENTHAL: No. It's funny you say that, Kimberly, because we were having the same discussion a short time ago. You know, I've been doing this for - - since 1997. Almost every New Year's since. And I've never heard the police department say that before, that they would have long guns stationed at the end of the streets, at the end of the blocks between the checkpoints.

And we haven't seen those additional checkpoints. I mean, there are always these additional checkpoints. It sounds like they're really beefing things up this year, and you can understand why in today's environment.

GUILFOYLE: Certainly. Jesse.

WATTERS: So Leventhal, at the top you talked about some of this special military hardware. What kind of new toys do the these guys have? You said magnetometers, long guns. Specifically, what kind of things are these guys playing with? This sounds fun.

GUILFOYLE: Oh, my gosh.

LEVENTHAL: Well, I'd like to answer that question, Jesse. But they told me specifically they wouldn't give us specifics about the equipment that they're using...

WATTERS: Sounds scary.

LEVENTHAL: ... in Times Square on New Year's Eve. Suffice it to say they have equipment like no other police department in the world, and they have more officers to -- who are trained to use that equipment than any police department in the world.

So they're very confident that they can handle pretty much anything that comes their way. They also have an evacuation plan, if it's necessary.  But they don't believe that it will be. And they have cameras. Hundreds, if not more than 1,000 cameras trained on this area. So they're monitoring from so many different angles, from so many different ways, to keep an eye on things and look for suspicious activity.

And that's part of the hardware that they're using, is designed to be able to monitor the activities here so that people can enjoy a safe and healthy and happy new year. And that's what they say is going to happen.

MCCAIN: Hi, Rick. I just wanted to know if you're in Times Square tomorrow as a tourist, what are the police telling just average Americans to do, other than be on high alert and not get shot if you're drinking and acting like a moron?

LEVENTHAL: Well, first of all, they encourage people not to drink too much and act like morons. They actually did say that at the press conference.

But they're -- if you're coming here, you should definitely get here early.  And that means that you're going to be spending many hours inside a pen with no facilities to use while you're in that pen. And if you leave to use any facilities, you're going to have to get to the back of the line when you want to come back in. And you might wind up instead of being at 44th Street, you'll wind up at 54th Street by the time you get back in.

They close -- start closing the streets at 4 a.m. in morning. They start filling the pens at 9 a.m. And they tell us that there are people here at that hour, ready to come into the pen to get those prime positions closest to the stages down here at the crossroads of the world. So if you're coming, come early.

BOLLING: Hey, Rick, we should also point out that, you know, with all the scrutiny, all the eyeballs and cameras and long guns, as Jesse points out, on Times Square, that New York City has also beefed up the police presence around the rest of the city, as well.

LEVENTHAL: It has. And there are a lot of cops who will be working overtime tomorrow.

We should also mention that the 1123 rookie cops who were sworn in yesterday at Madison Square Garden will all be out here, supplementing the police department's force on New Year's Eve. So all those rookie cops, their first night on duty will be out here helping to monitor activities here.

But yes, cops on duty. Not just on the ground and above ground but also below gowned on the subways. They say they will be out in unprecedented numbers to make sure that this year goes off safely.

ROGINSKY: Great. Thanks so much, Rick.

Directly ahead -- oh, I've always wanted to do this -- Caution. You're about to enter "Watters World." They made me do it. I'm sorry.


WATTERS: What do you think the biggest news event of 2015 was?

UNIDENTIFIED MALE: Probably Paris. The unfortunate events for all the families.

UNIDENTIFIED FEMALE: I would just say Donald Trump. Like he was everywhere.


ROGINSKY: Jesse previews the New Year's extravaganza, next.


WATTERS: Get ready, everybody, because the New Year's Eve party, FOX News style, kicks off at 9 p.m. Eastern tomorrow night. I'm hosting the countdown to 2016, along with Kennedy and Katherine Timpf. And then Kimberly and Eric host the "All-American New Year" with special guest Donald Trump and a whole lot more. Be sure to watch.

In the spirit of the new year, here's a sneak peek at a special "Watters' World" 2015 review airing tomorrow night.


WATTERS: What do you think the biggest news event of 2015 was?

UNIDENTIFIED MALE: Possibly Paris. But the unfortunate event for all the families.

UNIDENTIFIED FEMALE: I would just say Donald Trump, like he was everywhere.

UNIDENTIFIED FEMALE: I do not know. I don't really like watching news and stuff like that.

WATTERS: Do you know who the vice president is?


I know who the president is.

WATTERS: What was the biggest news event of 2015?

UNIDENTIFIED FEMALE: Probably the Paris terrorist attack.

UNIDENTIFIED MALE: The Paris attack.


UNIDENTIFIED MALE: The most recent Paris attacks were pretty traumatizing.

UNIDENTIFIED FEMALE: I think Kim Kardashian giving birth to her second child.

MIKE MYERS, COMEDIAN/ACTOR: I didn't see that one coming, no.


GUILFOYLE: Pretty amazing.

WATTERS: So big New Year's extravaganza. Donald Trump is going to count it down.

BOLLING: Count down.

WATTERS: Five, four, three, two, one, and midnight.

BOLLING: We'll do that. But can you give us one of these, "I'm Watters..."?

WATTERS: I'm Watters, and this is my world.

GUILFOYLE: Really unbelievable. And when you do it, it's all, like, women are there.

WATTERS: What are you saying?

GUILFOYLE: I have a question. Are there no other men in your world?

BOLLING: When you're overlooking Times Square, like a million people are going to be in Times Square. You can go, "I'm Watters and this is my world."

WATTERS: I feel like you're making fun of me, Bolling.

GUILFOYLE: Oh, you didn't catch the sarcasm?

ROGINSKY: No. (UNINTELLIGIBLE) ... who the president was?

GUILFOYLE: We're super fans.

WATTERS: No, I should have asked a follow-up.

ROGINSKY: That's a follow-up worth asking.

GUILFOYLE: I was waiting.

WATTERS: I was going to say, George Bush.

You know what everyone is really curious about, though? Who is Kimberly Guilfoyle going to kiss at midnight? Who is it going to be?

GUILFOYLE: I'm very curious, too.

WATTERS: I think America will...

GUILFOYLE: It's going to be, like, a rochambeau. We're going to see.  Yes, I don't know. I hear there's going to be a lot of talent. At the party.

WATTERS: That's right.

BOLLING: No, no. I'm going to be there. I will be kissing my wife.

MCCAIN: Is it a surprise?

ROGINSKY: Work it out. They pick for you who you're going to kiss?

GUILFOYLE: No, no. See last year, I show up and then they're like, "Oh, by the way, K.G., we're doing an online, like a viewer poll to see if you should kiss Beckel at midnight. I was like, oh, the viewers wouldn't do me like that. Of course, it was like 70 some percent kiss Beckel. And it was just unbelievable.

WATTERS: The best part about that was that during the kiss, the cameras missed it, so they had to do a second take.


WATTERS: And Beckel's face was like, "Oh, man, that's too bad."

MCCAIN: Were they making out in the corner?


GUILFOYLE: No way. But I did follow the evening up with some antibiotics.

WATTERS: But there will be some performance artists there. There are some contortionist. There's a little person that's going to be at the event.  Maybe you should kiss the little person? What do you think? At midnight.

MCCAIN: I'm sorry, can't you find a hot Navy SEAL for her to kiss?

BOLLING: Believe me, there will be a whole group of hot Navy SEALs.

WATTERS: The lone guns out there.

GUILFOYLE: Whatever I can do to help serve the veterans. It's all I've got to say.

WATTERS: It's all about giving back.

GUILFOYLE: The U.S. military. Yes.

ROGINSKY: I don't think little person is the right terminology. I think it's somebody who is vertically challenged.

BOLLING: Small person.

WATTERS: What are you going to be doing during -- are you going to be watching Trump ring in the new year with Bolling and Kimberly? You better be.

ROGINSKY: Of course. If I'm not asleep by 9 p.m. as I usually am. I'm definitely doing it.


ROGINSKY: I might DVR it and watch it the next -- that's really lame, DVRing.

WATTERS: You don't do that.

What are you going to be doing? Are you going to be watching?

MCCAIN: We were saying it's amateur hour. That I don't like New Year's, because it's an excuse for people to behave badly that don't know how to behave badly the right way, and they go overboard. So I'm always a fan of the Sci-Fi channel's "Twilight Dawn" marathon.

WATTERS: So you're saying you know how to behave badly?

GUILFOYLE: Meghan, where's the love? Where's the solidarity? Put us on.

BOLLING: Put it on.

MCCAIN: I was going to watch, obviously, I cannot miss you making out with a very hot Navy SEAL. Please. And I will be watching the countdown, of course.

BOLLING: Can we also point out that we've extended the invitation to all the candidates. A lot of them will be there. A lot of them will be sending in their thoughts for 2016.

MCCAIN: Did anyone say no?

BOLLING: Hillary Clinton blew us off.

WATTERS: That's right.

BOLLING: She blew us off.

ROGINSKY: She's the only one.

GUILFOYLE: And Bernie Sanders.

WATTERS: Maybe O'Malley will send in something.

BOLLING: Trump will come from his -- he's throwing a big bash at Mar-A- Lago. A New Year's Eve bash at his place in Mar-A-Lago, and he'll come.

GUILFOYLE: O'Malley did. We got something. O'Malley will be there. Will be on, right? Carson, Cruz.

WATTERS: Gilmore. Gilmore.

GUILFOYLE: And Carly Fiorina, live. And we have Christie, as well.

BOLLING: We may -- I don't know, I shouldn't say that.

ROGINSKY: Wait, Gilmore is going to be there?

BOLLING: I'm teasing.

WATTERS: All right. Guys, when we return, Iron Mike Tyson gets swept up in the hoverboard madness. Check out what happens to the heavyweight boxing champ, next.


MCCAIN: Were you swept up in the hoverboard craze this Christmas? Well, lots of people are showing off their wild wipeouts on the gliders. Even former heavyweight boxing champion Mike Tyson posted his knockout on his daughter's balancing board on Instagram.




GUILFOYLE: It's so painful.

MCCAIN: Talk about a holy roller. This priest in the Philippines landed in hot water after delivering the final blessing of the Christmas Eve mass on a hoverboard. The priest delighted the congregation, but the church wasn't so happy. He has been temporarily suspended by the diocese for the stunt.

GUILFOYLE: Oh my goodness.

MCCAIN: I thought that was kind of cool. I didn't have a problem with him on a hoverboard.

ROGINSKY: At least he didn't get suspended for molesting kids.


BOLLING: Oh. Liberal, liberal. Atheist.

ROGINSKY: It's not an atheist. It's true. Come on, the church it takes you forever to get kicked out.

GUILFOYLE: OK. Hoverboard segment.


MCCAIN: Hoverboards are everyone. I see people in the airport on them.  It's so obnoxious. People are getting hurt; they're lighting on fire. Do any of you have one?



WATTERS: I don't have one. They're very expensive. I've seen people on them. If Tyson can't balance on a hoverboard, are you going to put some goofball teenager on there, cracking his neck all over Manhattan? We're going to be riding on, like, genies soon. Right? We're all going to be floating around on magic carpets. No one's going to walk.

GUILFOYLE: I can't do it. It's not easy.

BOLLING: Wait. You have one?


ROGINSKY: You have a hoverboard?

GUILFOYLE: Well, I don't personally have one. Ronan does. Yes, and he's very good on it, but I'm not letting him out of the house.

BOLLING: Can you not let him get on that thing, please?

GUILFOYLE: No. He's in the apartment.

I don't let him go out. The one I got is not one that was manufactured in China with the, like, inappropriate wrapping on the lithium battery. This is the original one. It's the best one you can buy, Swagway, and it's very good.

BOLLING: How long before these things are off the market? I mean, it's not going to be -- my son got an Amazon gift card. He's like, "Dad, I'm buying a hoverboard." I'm mean no, you're not. I can only hope that if he does and I break it, by the time he tries to buy another one, they've already stopped making them.

GUILFOYLE: Dana sent me a video of her riding a hoverboard. A little white one that's like, and she's actually very good on it. But I think if you have good core, like core fusion type of situation, you can do it.

WATTERS: I mean, Tyson probably has good core fusion. But he didn't look so good. I mean, I haven't seen him go down like this since Buster Douglas. Right? You know what I'm talking about.

BOLLING: He never saw that one coming, did he?

WATTERS: Never saw it coming.

ROGINSKY: Did you prep for that one all afternoon when you found this out?

WATTERS: Listen, it was a Gutfeld joke. He told me to say it.

MCCAIN: If it's called a hoverboard, it should fly, like in "Back to the Future."

WATTERS: It doesn't even hover.

MCCAIN: It's just on wheels. Right?

GUILFOYLE: By the way, that was part of his Halloween costume. Ronan was Marty McFly from "Back to the Future." He had the Air Jordans on, the little red cap, and the hoverboard situation.

BOLLING: Can we make a deal? Make a deal here?


BOLLING: If Ronan rides one of those, he puts a bike helmet on at the very least.

GUILFOYLE: Inside the apartment?


GUILFOYLE: Gosh, it's going to get evil here.

MCCAIN: I just think they're ridiculous. It's like this -- what are those, the Segways? I just...

GUILFOYLE: I don't get the whole point of the Segway.

MCCAIN: I don't think anybody did. That's why they're not around anymore.

ROGINSKY: You see that in New York a lot. Adults being on scooters? I don't get that either.

GUILFOYLE: I mean, you could really get hurt on this. So that's you got to put on, yes, a bike helmet and, like, elbow pads and all that situation.

WATTERS: This country is so out of shape, too. Now everyone is going to float around? No one is even going to walk?

People floating around.

GUILFOYLE: I think that's going to be a "Watters' World." "I'm Watters.  This is my world."

WATTERS: I should ride a hoverboard on "Watters' World."

BOLLING: Texting while riding you're on a hoverboard? You know that's next.

WATTERS: Sure, we're going to see that. Yes. It's going to go viral.

MCCAIN: I just think it's ridiculous. I think the whole thing is ridiculous. We should be on hoverboard everywhere.

All right. "One More Thing" is up next.


BOLLING: All right. Time for the last "One More Thing" of the year. K.G. and I are going to kick it off first.

Check out the full screen. At 9 p.m., you have to check out Kennedy, Jesse and Katherine Timpf. That's going to be the "Countdown to 2016." Look at that hash tag down there also, make sure that you tweet that, #FoxNews2016.  And also than at 10 p.m., K.G., you're going to take over, 10 to 12:30.


BOLLING: But we're going to be joined by, again, Jesse, Kat and Kennedy.  Griff Jenkins will join us from Florida. K.G....


BOLLING: ... Rick Leventhal will be in Times Square. Joanne will be at the party. Sherrod, Shillue and McGuirk will be hanging out.

GUILFOYLE: I mean, we've got it. We've got the whole varsity team lineup here. It's going to be fantastic. I'm really looking forward to it. I cannot believe they are paying us to do this job.

BOLLING: No, it's going to be a lot of fun.

GUILFOYLE: I mean come on, right?

We've got Donald Trump, live from Mar-A-Lago. Hopefully we'll get a little glimpse of Melania. She's fantastic.

BOLLING: Yes, we'll set up a camera there, and he can come and go as he pleases on that camera. But on the countdown, he'll be there.

All the other candidates will there be, as well, on the Republican side. I can't say the same thing for the Democrats.

GUILFOYLE: And we have Carly Fiorina. She's going to be live, Ben Carson.  We've got other people joining us, as well, shout-outs, right? We have Christie, Cruz. Everybody, right? Gilmore?

BOLLING: After all, it is 2016. It's an election year. We thought it would be good to hear from the candidates and their families.

GUILFOYLE: I think so. I think it's going to be great. And this is going to -- the two of us co-hosting together. I mean, it's like New Year's Eve, FOX style, bringing it. I love it. You know that's going to be a good time.

BOLLING: Don't forget: #FOXNews2016. Use that on all social media comments.

Go ahead, Jesse. You're up, brother.

WATTERS: OK. So Dana is not here today, obviously, so I wanted to do something about dogs. Big dog controversy sweeping the nation on the Internet. If a dog were to wear pants, how would the dog wear pants?

BOLLING: Clearly the second one.

WATTERS: Clearly the second one.

So everybody can look at that and decide. I think the second one.

GUILFOYLE: But it's four legs, right? Front legs, back legs.

WATTERS: The front legs are the arms. Aren't those the arms?

BOLLING: They're sort of front legs, aren't they?

WATTERS: This is a debate.

GUILFOYLE: Ask Hillary Clinton.

WATTERS: This is stimulating. So everyone, there you go. Dana Perino says hello.

GUILFOYLE: Oh, boy. I think hers are a little different than what you just did.

MCCAIN: That's all over the Internet, though.

BOLLING: Meghan, you're up.

MCCAIN: All right. My "One More Thing is I have a really hard time sitting through movies, because I have the attention span of a hamster. I saw "The Revenant" over Christmas. It's Leonardo DiCaprio's new movie, the same director as "Birdman." It's absolutely fantastic. It's about Hugh Glass, who is a frontiersman and fur trapper from the 1800s. I don't like movies. I don't see them that often. This is an unbelievable movie. It's worth getting a babysitter and going.

GUILFOYLE: Is it scary?

MCCAIN: It's really intense. He gets attacked by a bear, which Drudge told everyone. Except what Drudge said happens doesn't actually happen.  And he like -- he's a frontiersman, and he's out in the wild here in America. And it's beautiful. It's just a gorgeous movie. And it really is...

GUILFOYLE: Academy Award nomination?

MCCAIN: Give Leonardo DiCaprio whatever he wants for doing this. He eats a fish live. Like all this crazy stuff.

GUILFOYLE: He's like, "I'm Leo and this is my world."

BOLLING: Everything that Jesse doesn't have, Leonardo DiCaprio has the rest of it.

Julie, you're up.

ROGINSKY: So this is my favorite story of the year. There was actually a petition to the United Nations asking people -- let me just read it to you.  Phil Collins must be stopped, reads this petition. "Phil Collins has announced he's no longer in retirement. There is too much suffering in the world as it is. This must be stopped." There were only 650 signatures short of having the U.N. step in to intervene from having him come back.

GUILFOYLE: Why are we against him? I love that song "In the Air Tonight."

ROGINSKY: Hey, I report, you decide. Tweet -- tweet me what you think. I happen to think "True Love ([h)" is a good song, but then again, I live in the '80s.

BOLLING: The U.N. That was the U.N. resolution?

ROGINSKY: That was a U.N. -- United Nations petition to prevent Phil Collins from coming out of retirement.

GUILFOYLE: The U.N., they're going to crush ISIS, right, and keep Phil Collins dreams of a comeback.

BOLLING: All right. We're going to have to leave it there. Set your DVRs so you never miss an episode of "The Five." That's it for us. "Special Report" is next. Happy new year, everyone. That's it for us on "The Five" for the year. Don't forget New Year's Eve.

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