GOP united: Bill Clinton's affairs are 'fair game'

This is a rush transcript from "The Five," December 29, 2015. This copy may not be in its final form and may be updated.

KIMBERLY GUILFOYLE, CO-HOST: Hello, everyone. I'm Kimberly Guilfoyle along with Julie Roginsky, Brian Kilmeade, Melissa Francis and Tom Shillue. It is 5 o'clock in New York City and this is "The Five."

Donald Trump says that President Clinton's past misconduct with women and marital infidelities are fair game to bring up while his wife is campaigning for the White House.


DONALD TRUMP, R-PRESIDENTIAL CANDIDATE: That there were certainly a lot of abuse of women and you look at whether it's Monica Lewinsky or Paula Jones or many of them, and there that certainly will be fair game. Certainly, if they play the woman's card, with respect to me, that will be fair game.


GUILFOYLE: His fellow GOP candidates are united with him.


BEN CARSON, R-PRESIDENTIAL CANDIDATE: Every past president is fair game. The fact that one of them happens to be married to a presidential candidate doesn't change that.

CARLY FIORINA, R-PRESIDENTIAL CANDIDATE: Of course Bill Clinton is fair game. He's a former president.

SEN. RAND PAUL, R-KY., PRESIDENTIAL CANDIDATE: You know, I don't think its Hillary's fault that her husband was had serial infidelities.

What Bill Clinton did with Monica Lewinsky, even though it was consensual, it would have caused him to be fired from any major corporation in the country. And so I think that's a legitimate discussion.


GUILFOYLE: All right, a little bit of flashback there. Will it backfire on republicans if they remind voters about Bill's history? Clintonista, Howard Dean thinks so.


HOWARD DEAN, FORMER GOVERNOR: Here's the problem for Trump. Trump is, we all know, he's a master of this kind of stuff. There's one person in America who is clearly better than Trump and his name is Bill Clinton.

Bill Clinton is not gonna take among directly. He'll do what he did to Newt Gingrich in the Congress when they impeached him. He'll flip it around. He'll do jujitsu. And whoever takes on Bill Clinton is gonna look like an imbecile.


GUILFOYLE: Coming from the -- ah! Screamer. OK, thanks, Howard Dean. We'll listen to you.


GUILFOYLE: For sure -- you like that?


GUILFOYLE: That's my best Halloween impersonate -- you even like that. You're a democrat. You're cracking up at it, so.

JULIE ROGINSKY, FOX NEWS CONTRIBUTOR: I'm cracking up at you doing it.




ROGINSKY: Yeah. Well, it is legitimate. Go after him. I think it's great. I think it is smart politics, because he's the most popular politician around. And I think it's kind of stupid to attack a wife for her husband cheating on her, but God bless. Go to town.

GUILFOYLE: But she's bringing up against him to say, hey, you're a sexist. But it's like hey, throwing stones, be careful.

ROGINSKY: Listen, I don't -- what Clinton did with Monica Lewinsky, and again, I was consensual. Actually, agree with it I think it was Rand Paul. The way they treated her was horrible.


ROGINSKY: And she continues to pay the price 20 years later, and she was young and stupid and made a mistake and the fact that she continues to have this cloud over her, my heart goes out to her and Paula Jones and everybody else. Having said that it's very, very hard to say that Hillary Clinton, as the wife, who was the one that was cheated on, somehow was responsible for the fact that her husband upset her and -- so let me just make this point, it's very hard to say, well, she stayed with him, so you have to judge her for it. A lot of women make that decision, that's why what happens in a marriage you really can't judge. And so, I don't think its smart politics to do it.

MELISSA FRANCIS, FOX BUSINESS ANCHOR: See, I think it's slightly more nuance from that, because what they are saying is you can't stand there as Hillary Clinton and wag your finger at someone, and call them a sexist and call them a womanizer or call them that to say that they don't respect women. When you, yourself have stood by someone who did the exact same thing that you're saying and you didn't wag your finger at him. Instead, you attack the victims in those cases.


FRANCIS: I think in that sense, she's a hypocrite, but I think most of the voting population knows she's a hypocrite. So I don't think that would be new when they know what he has done?

KILMEADE: Melissa, I -- 100 percent agree with you. But I think we should take a step back to Monday and Sunday. And the bottom line is Hillary Clinton was in the process of rolling out her winter campaign which was, "I'm going to be tougher. I'm gonna be stronger. I'm gonna use my secret weapon." And stage one was, "tell everybody I'm a woman. I'm will be the woman in court. You gonna be the first woman president. I'm gonna -- every time I'm attacked by a man, I'm going to play that card." What Donald Trump has done for the entire republican field, and perhaps, if there was a really competition on the democratic side is, took the woman card away. Because today, she did not answer one of those questions, did not bring it up on the stump and she got one of the questions and the real point, it kind of avoided it. I'm sure in Brooklyn they're saying to themselves, "we do not want this fight. We want to talk about the issues, talk about the 1998 economy. We don't want to talk about the 1998 impeachment."

ROGINSKY: I think they actually do want this fight, because -- two things. One is she's very good applying the victims. It always helps to her. Her numbers were never hired then after.

KILMEADE: She's been neutralized.

ROGINSKY: No, no. She hasn't been because her numbers will never hired than after the whole impeachment. Remember when she went out there and she said, "My husband cheated on me" to the whole press tour. Her numbers were threw the roof -- that's one. And two, his numbers were never hired, then after the impeachment. So, to go after him, I -- this is not a partisan analysis, it's actually just a political analysis. I think it's stupid.


ROGINSKY: I think its stupid politics.

KILMEADE: But the thing is.

ROGINSKY: It doesn't work with anybody but the republican base.

KILMEADE: But the first stupid move has to be Hillary Clinton playing the woman's card in December. She's playing the card.



KILMEADE: And Donald Trump says, "Wait a second. You can't play the victim and act like females have had the short end of the stick for the longest time, when the person who gave a woman the short end of the stick throughout the late '90s and throughout her -- his governorship was your husband."

GUILFOYLE: Yeah. She has been throwing like the gender card, you know, I'm HRC, hear me roar. I can bring home the bacon, fry it up in a pan and push the Benghazi video, yeah.

TOM SHILLUE, "RED EYE" HOST: Yeah. And you know Donald Trump makes it look easy, doesn't he? It's unbelievable.


SHILLUE: Republicans fumbled this issue and he just kind of, he's able to brush her back. And that's all it is, Julie. It's not about, you know, she -- yes, she's always played the victim well, but it's about Bill Clinton. He's the secret weapon, she's going to pull him out and this neutralizes him. Now when he gets out on the stump to stump for Hillary, he's not President Bill Clinton. He's serial abuser Bill Clinton.

ROGINSKY: Are you kidding me?

SHILLUE: He's brilliant.

ROGINSKY: This is all baked in. This stuff has been there out there about him for the last 25 years and it hasn't affected his numbers. I predict to you right now, in fact, I will come back and I'll buy each of you a round of drinks, if I'm wrong about this. Her numbers are going to go up, the more for Donald Trump attacks her.

SHILLUE: Well, that is gonna.

GUILFOYLE: It's gonna take more than a round, that's what I'm saying.


FRANCIS: I knew it. Julie.

ROGINSKY: I will buy the biggest keg.

FRANCIS: I don't disagree.


FRANCIS: Because I think everything that outs there that they're saying has been said a million times.


FRANCIS: We know this is about all these people. What I do think amazing, is amazing is that once again, Donald Trump can literally say anything.


FRANCIS: I mean, I don't think there is anything.


FRANCIS: He could say right now, that would bring his numbers down, either. I don't think so. I think he could get away with saying the worst possible things on the planet.

KILMEADE: He does track.

FRANCIS: And his numbers would be higher the very next day. It's astounding, and he never says anything like...

GUILFOYLE: He has attacked (inaudible) better than my non-stick pans at home.


GUILFOYLE: That I obviously never use.



KILMEADE: You talk a lot about you house, you're cooking and a lot of things and you.


KILMEADE: Except the (inaudible) going.

GUILFOYLE: I know. I know.

KILMEADE: Already. In the A-block, this is great.


ROGINSKY: And the scream.

GUILFOYLE: Fire it up.

ROGINSKY: Nobody's perfect.


KILMEADE: Yeah. But you know, you talk -- I know you talked to Donald Trump, getting ready for your show, filling in for Greta tonight.


KILMEADE: For the weekend. She's going to ring in the New Year at the top of the hour. Do you agree though that he can say anything? So far, in the primary process they say, yes, but as soon as the caucus/primaries start. If he's not first or second, I think that would be -- that's going to be the test to see how much your Teflon pan analogy works.

GUILFOYLE: OK. A whole set, like a 12-set. Like a really good wedding registry gift. That's what he is right there. I think he's not going to change his game. I mean, this is who he is being authentic in terms of this is his personality. A businessman, this is what he does. I don't think he's going to stop counterpunching if someone hits him. So far his strategy has worked, right? He's ahead in the polls, CNN poll 39 percent.


GUILFOYLE: Next closest person is Cruz at 18. So nationally, it's working but caucus is going to be the test.

KILMEADE: And now the head to head. They're in a virtual dead heat with Hillary Clinton, according to the Rasmussen poll.

GUILFOYLE: Yeah, do you want to look at that? Will it delight you?

KILMEADE: If you had the time.

GUILFOYLE: We got it.

KILMEADE: Right. I mean, I don't want to tell you with the show.

GUILFOYLE: There you go. We've got some shadowy figures there.


GUILFOYLE: To chalk in, yeah, with the chalk. So you've got Hillary at 37, Trump at 36, how am I doing on the DMV eye test? We got.

KILMEADE: Well, as what we know.

FRANCIS: And everyone keeps mentioning the fact that he hasn't spent the money yet.

GUILFOYLE: Twenty-two in spot.

FRANCIS: And when you at the details, I mean, he's actually the first -- he is making money. I mean, he said to Forbes back in 2000 that he was going to be the first presidential candidate to get out there and actually make money while he's on the stump. And if you look at the breakdown of this campaign, I mean, he's found very legitimate ways to pay himself. I mean, he's renting back his own space.


FRANCIS: Whereas his campaign is. He's paying himself for his own plane that he's using, which is completely legitimate, but he's genius. And I say, you know, when people talk about him possibly being a third-party candidate. That's insane, because he would have to spend his own money.


FRANCIS: And that man is completely and rightly, I might add, wedded to his own money.


ROGINSKY: But to your point Brian, you made an excellent point. The proof's in the pudding, right? All these of the people that love Donald Trump, these are not necessarily traditional voters. Some of them are, but a lot of them aren't. You -- when you go to Iowa, you've got to show up in caucus.


ROGINSKY: It's a full-day thing. It's not when you just you show up and pulls the lever as you would anywhere else. Ted Cruz has a great organization in Iowa. I don't know which Trump is like, but if he doesn't win Iowa and then he goes to New Hampshire, he gets beaten by Rubio or Cruz or anybody else who's kind of coming up, then to your point.


ROGINSKY: Does that take the shine off? If you're no longer the winner, his whole thing is all about being the winner. And then if he goes South Carolina, Florida.


ROGINSKY: Damaged, I would (inaudible) that he's got would.

GUILFOYLE: He's got good numbers in.

ROGINSKY: He does, yeah.


GUILFOYLE: South Carolina and Florida as well.

FRANCIS: Yeah, and then (inaudible) saying today that he thinks he's ahead in New Hampshire. He thinks he's going to take New Hampshire that he has a chance for winning it.

GUILFOYLE: He is too. He's really great, though.


KILMEADE: He's up by 12 points. But did you see the invisible figures, the chalk outline?

GUILFOYLE: Yeah, the chalk.


KILMEADE: Twenty-two percent have not made up their mind and they know one thing. They didn't want either one of those candidates, Hillary or Donald Trump, so that's key. Number two is, it's not winner take all. So if Donald Trump is thinking long-term, which he's in South Carolina, right? He's thinking long-term, he's thinking SEC Primary. He knows he can come in second, second, second and then wait for the first, first and first. It's a long-term game. If he wants to play this out to May. In he can handle not winning every single thing, second place and third place works, it keeps you alive. I think that's the Rubio game plan.

GUILFOYLE: Well, as just far as Trump is concerned he feels like, you know, he's playing chess, the rest are playing here checkers. I mean, I don't. So we will see what happens, because Iowa is gonna be the first test to come forward. We'll see how the numbers show up there. But yeah, I mean Cruz does have a formidable, you know, ground game there as well -- Tommy Toms?

SHILLUE: Well, the amazing thing is that after all the, you know, so-called controversies and the shocking things Trump has said. He's polling even with Hillary Clinton. The whole thing about the democrats was saying, oh, we can't wait to run against Donald Trump. Julie, you've been saying that all week.

ROGINSKY: We can't wait.

SHILLUE: We would love it if he's the nominee, but --

FRANCIS: He's feeling of it.

ROGINSKY: I still do. I can't wait.

SHILLUE: But Donald Trump is going to have unsuspected constituencies all over the country. I see it with these people. All these people are supposed to be anti-Trump. There are Hispanics generous out there who are saying, "Oh, I like Trump?"

ROGINSKY: Oh, yeah. So was it the ones you want to deport, those guys?

SHILLUE: Listen, people laughed at it, but it's true. It takes a lot of people out.

KILMEADE: His base is blue collar.


KILMEADE: His base is blue collar and then I saw that.

GUILFOYLE: He's right. I get stopped all the time. I got stopped in New York. It is like, "Hey, we know you. You know me? And it now, you know, it was like kind of uncover, whatever, just like not looking glamorous, right?

FRANCIS: I don't know. I can't believe that.

GUILFOYLE: And so, they thought me, and whole Hispanic family. It is like, "we love it. We're for Trump. We're for Trump." You know the whole deal. And --

ROGINSKY: I thought he was slipping that, burgers.

GUILFOYLE: Whole Latin family -- yeah. It was -- I don't know. I'm just telling you that each day when I go out there --


ROGINSKY: Let me read you a Trump quote. Look some Trump quote, "look at the trouble of Bill Clinton got into with something that was totally unimportant, and they tried to impeach him and that was nonsense." That was him talking about.


ROGINSKY: 2008 and talking about.

FRANCIS: And no one cares.


ROGINSKY: And nobody cares.

KILMEADE: Oh no...

ROGINSKY: Flip flop, 100 percent.

SHILLUE: It's all coming down now. That's gonna take him down.

ROGINSKY: Now I know.

KILMEADE: Absolutely.

ROGINSKY: Get another flip-flop and nobody cares.

GUILFOYLE: I don't know. They call that, you know, your best friend until I'm your worst enemy.



KILMEADE: I just want to know who these people yelling at Kimberly on the street are. I mean, what kind of guy would yell at Kimberly on the street to get attention.

GUILFOYLE: No, no, very - they are friendly, amazing. The whole family -- kids, everything, we took pictures. It was very funny, yeah.

FRANCIS: I don't believe that.

GUILFOYLE: It was good. Right in front, it was actually in front of Trump international, believe it or not in front of that place. Are we good?


GUILFOYLE: We good? We good, ready to roll?

KILMEADE: Are you talking to me?

GUILFOYLE: Pull the ripcord.

KILMEADE: Oh you don't.

GUILFOYLE: I'm asking the people that matter in the master control.

KILMEADE: All right.


KILMEADE: It's Tom Shillue, by the way.

GUILFOYLE: Tom Shillue.



GUILFOYLE: I love it. Al Jazeera now appears to be back-pedaling on its attempt to smear football star Peyton Manning. So stay tuned for that. BK is head-bobbing over here. Before we go a lovely programming note, I don't know what your plans are for New Year's Eve, but there's really only one place to be on Thursday night, and that's with me, baby. Right here on the Fox News Channel. Please join Eric Bolling and me, as we count down 2016 with Donald Trump. That's right. And other special guests will be joining us as the ball drops in Times Square. Don't miss our "All-American New Year's" special beginning actually at 9:00 with Tom Shillue and Kat and Kennedy.


GUILFOYLE: 10:00 p.m. Bolling and I step in, back in a moment. And look at Trump, he's there.


KILMEADE: All right, get this. Al Jazeera turned the sports world upside- down earlier this week with doping allegations against a group of athletes, included one of the most respected players in NFL history, Broncos quarterback Peyton Manning. Now, after the story seems to be falling apart. The network is attempting to backtrack in a sense. The primary source of its investigation is a Charlie Sly, has recanted the statements he made in the explosive documentary. The clinic he worked for also denying it supplied Peyton Manning with performance-enhancing drugs, but Al Jazeera is still standing by its report. However, we must have heard it all wrong, I guess, in a way.


CARSON DALY, NBC "TODAY" SHOW CO-HOST: Do you have specific evidence that Peyton Manning, himself, has ever taken HGH?

DEBORAH DAVIES, AL JAZEERA JOURNALIST: We have not said that in the program?

SAVANNAH GUTHRIE, NBC "TODAY" SHOW CO-HOST: You're not even alleging that Peyton manning took these substances?

DAVIES: The only allegation in the program from Charlie Sly is that growth hormone was sent repeatedly from the guy to Ashley Manning in Florida.

GUTHRIE: Well, it sounds like your documentary doesn't have any evidence against Peyton Manning.

DAVIES: We're not making the allegation against Peyton Manning.


KILMEADE: Now that report of behind the expos, Deborah Davies, now says they never tried, as you just heard to implicate the NFL great, but it certainly sounded like that. Former White House Press Secretary Ari Fleischer is now a spokesperson for Manning and he said this in a printed statement, "Al Jazeera is backtracking and retreating. Their story was not credible to begin with and now it's not credible. Now, within 48 hours of the broadcast Deborah Davies is now contradicting her own reporting. What they do say is the wife, Ashley, was able to get a prescription drug.


KILMEADE: They don't say if it's HGH. They don't say if it's something prescribed, as well, they know what is that. And they sent it to her at various places. That's confirmed.

FRANCIS: Why is that a story?


FRANCIS: She's a private person. I mean, to me that's outrageous. Why would the network go ahead with that? She is not public person that anyway, expect for that she's married to a professional athlete. What drug she is taking or using. I mean, let's go far and say, it was illegal in some ways. Still, whose business is that? She is a private person. I mean, that's outrageous to me. I feel like if you take as a reporter, you take that to your boss that someone saying they sold illegal drugs to a professional player's wife. I mean, we're like --


FRANCIS: Why is that a story?

KILMEADE: And I can understand where you're coming from that. But I think it's to also understand that I'm one of the few people that ever logged on to Al Jazeera in America, and I watched a documentary.

GUILFOYLE: You're gonna be (inaudible) now.


KILMEADE: And of course, I watched the whole thing for 58 minutes, and you should just picture this. This guy Charlie Sly is not a whistleblower. You know this better than most.


KILMEADE: He is a guy that was taped without his knowing. So he was talking to back and forth, living his life.

ROGINSKY: For what?

KILMEADE: For three -- for 12 days, seven separate meetings for a total of 27 hours. One of the things he describes in details, half the packer team he sold to. A bunch of major leaguers he sold to and he says to Peyton Manning was in multiple times and he sent packages to Ashley around the country.


KILMEADE: So now he backtracks. But what is he backtracking?


KILMEADE: All 27 hours?

GUILFOYLE: Good luck getting a job, big-mouth intern.


GUILFOYLE: I mean, what is he doing?


FRANCIS: But he isn't lying in trying to sell drugs. I mean, to me this is somebody who is out there, playing up what they've done. They're exaggerating what they're doing, because they're trying to sell things. I mean he's trying to inflate his own image.


FRANCIS: So that can he sell and make money and everything.


FRANCIS: And that's what he says in private.

ROGINSKY: And even if you're -- even if you take everything that you say, that he said is absolutely accurate, to Melissa's point, so what, he sold it to the wife. The wife is not fair game. By the way, HGH is used for fertility. It's used for a whole bunch of thing.


ROGINSKY: They have twins, for all we know she used the fertility supplement, I have no idea, but the reality is why is she suddenly fair game?


ROGINSKY: It's totally unfair.

KILMEADE: I mean, you have James Harrison, you have Clay Matthews. You have Ryan Howard. You have a lot of other names that implicated in this process.

GUILFOYLE: I know, but guess what, perhaps that, you know, incorrectly so, because what kind of proof is it? There has to be a nexus between this guy they call Sly, Sly the intern and actual proof that somebody, one of these athletes specifically injected these drugs that are banned.

KILMEADE: That's right.

GUILFOYLE: Where's that?

GUILFOYLE: Yeah, I guess you have to see it and you have to wonder if there's an investigation. But I think people that are student of this entire process say this, Lance Armstrong, there's no way would ever take drugs. The guy had to overcome cancer and he, "I start a cancer institute and saved countless lives as well as inspiration." Alex Rodriguez, he went through the same anti-aging type clinic down south. Next thing you know, Alex Rodriguez is implicated. The guy runs. He's got four years in prison. He flipped into penal government agent. Then you go also to Mark McGwire. Of course, I didn't cheat three years later, under Ari Fleischer's recommendation and care. He comes out and says, "I lied to you. I did cheat." Sammy Sosa on top has the same thing.

GUILFOYLE: But there was a proof of that. The girl -- Beyonc, said she is.


KILMEADE: Debbie Clemens, who is Roger Clemens' wife. Who she was evidently the one who was thrown under the bus when she was getting the HGH, what it was really actually for Roger Clemens in the big deal. So she had to come out and say it was for her for a magazine cover, when a retrospect upon illogical evidence, it was actually Roger Clemens.


FRANCIS: I can't believe you did all that on your own, by the way. None of that -- none of those notes are here.

KILMEADE: Yeah, but we've been this for 15 years.

GUILFOYLE: He's like a little Sports Center.


SHILLUE: Everyone, the thing is that because of that, because there are so many cases of people who denied it and then they were, you know, they were eventually proven -- that's why you have to be extra careful in accusing someone like this.

KILMEADE: Absolutely.

SHILLUE: And you know.

KILMEADE: And I do not want this to be true. I've paid Manning is to lead - - the Manning family is the last family.


KILMEADE: We have left in sports to look up to. And worship and to --

ROGINSKY: In a way, Eli is playing?

KILMEADE: To be like that. Eli -- yeah, Eli is playing. I think he's actually really good. The rest of the team is falling apart around him.


GUILFOYLE: I think they're approaching the problem.

KILMEADE: They feel highlights in the next block.

GUILFOYLE: Approaching the problem.

KILMEADE: But Eli, Archie, Cooper, the entire Mr. and Mrs. Manning, unbelievable people. This is what I say -- this guy had a broken neck, four separate operations. If there was some substance that helped him get back on the field, can we use that?

GUILFOYLE: But that's a different argument.

KILMEADE: I know, I know.


KILMEADE: But when he was told.

GUILFOYLE: Besmirching his reputation with no basis, in fact, or evidence to support it, forensic.


KILMEADE: He was told by the team to go to this anti-aging clinic.


KILMEADE: And he went to a hyperbaric chamber in order to get better and get back on the field.

FRANCIS: But the bottom line is, OK, maybe there is something here and i see what you're saying, that there is so much evidence, there are so many people it seems on the surface, but isn't were for real?

KILMEADE: We've been burned before as American.

FRANCIS: I get that. And so many people have said the same thing that you're saying, isn't it worth more of an investigation, a professional investigation, not Al Jazeera jumping the gun with this one guy who is shady at best.


FRANCIS: I mean that's my beef.


KILMEADE: I give you that, single-source reporting.

FRANCIS: You can't do it.

KILMEADE: But you just feel they are following up and saying that they one thing they did say is the guy didn't work there in 2011. So therefore the story is false. Then they went back and they called the Human Resource Department they said, when was he there? He was there in 2011.


GUILFOYLE: OK, but then he also recanted. I mean, (inaudible).


GUILFOYLE: That dog doesn't hunt. There's no substantial proof or evidence here. I'm just telling you.

ROGINSKY: The more.

GUILFOYLE: As a prosecutor.


ROGINSKY: The most controversial thing for me is we actually worship the game nationally, where a guy who broke his neck four times -- is still playing. Are you kidding? I mean, this is.


KILMEADE: When he went back include the physical.


KILMEADE: And had two of the best years of his career. Much like Tom Shillue, this is the best years of your life.

SHILLUE: Best years in my career.

KILMEADE: Best years in your career. And you are wounded right now -- emotionally.

SHILLUE: I can't.

KILMEADE: You are playing emotionally.

SHILLUE: I can't even do 10 sit ups any more.

KILMEADE: Yeah, that's too bad.

ROGINSKY: Ten what?

GUILFOYLE: He's got a bad.

KILMEADE: Yeah, sit up, he said. All right, so that's a quick look and you all have.

GUILFOYLE: Do you feel better about that?

KILMEADE: I know how I feel.

GUILFOYLE: I don't think you're on.

FRANCIS: So angry.

GUILFOYLE: I don't think you're on Manning's Christmas card list.

KILMEADE: All I'm saying is I know it's Al Jazeera and they have a very little credibility. But I do think that.


GUILFOYLE: Al Jazeera.


FRANCIS: It's not because it's Al Jazeera, it's not. It's because they have.


KILMEADE: Single-source reporting.

FRANCIS: And when you get out there in front of something like this. You better have a real investigation. Have all your X's crossed and your I's -- they didn't do enough.


FRANCIS: I'm not saying that in the long run it won't be proven true. It was too early to go out and besmirch someone like this.


FRANCIS: You need more.

KILMEADE: And the reason is.


GUILFOYLE: Well, that's why he called it defamation, OK? That's the problem here. So you know Sly, the recanting intern? I don't think so.


KILMEADE: Sly recant, you have a nickname for this and everything.


KILMEADE: All right, listen. If i don't get out now we won't have B-block or C-block.

GUILFOYLE: You may not be upset, go ahead.


KILMEADE: All right, coming up, straight ahead. And in fact, I am the B- block. I just...


KILMEADE: Official confirmation. Straight ahead.


KILMEADE: (inaudible) minutes after the hour, remember that teenager who claims he was too rich and too spoiled to know the difference between right and wrong after he killed four people while driving drunk? Well, he was able to avoid jail, but that excuse may not hold up in the next trial while, he was just arrested after four weeks on the run with his mommy.


FRANCIS: He has been on the run for nearly three weeks, but last night, a fugitive nicknamed, the affluenza teen was captured along with his mother in Mexico. Ethan Couch was convicted of killing four people and injuring several others in 2013 while driving drunk in Texas. His lawyers used the defense that his wealthy parents coddled him into a sense of irresponsibility. A condition that an expert termed affluenza, because of his age, a judge sentenced Couch to 10 years probation and a stint in rehab. He failed to appear at a mandatory appointment with his parole officer on December 10th. A few days before that, though, a video surfaced of him online, that showed him at a party where alcohol was being consumed. He wasn't allowed to do that. He vanished along with his mother and there had been a manhunt for them ever since. But last night, they were busted in Puerto Vallarta, and authorities say they are going to be deported back to the U.S.


DEE ANDERSON, TARRANT COUNTRY SHERIFF: When he then disappeared obviously, people in this agency who had to work with the crime scene and deal with the victims' families and do everything they did, take it very personally. So it was a very high priority for us to make sure that we found him and got him back. We're excited that we have them back in custody. To be honest with you, we're going to breathe a lot easier when they're back in this country. That we have them locked up here in Tarrant County and that's the ultimate goal.


FRANCIS: Kimberly, they say they're going to breathe easier when he's back. I mean, there you saw him in the picture. He looks like one of the Jonas Brothers. You know, he dyed his beard and his head and whatever.


FRANCIS: He's still not going to do any real-time, it seems like, they say. Even though he left the country, violated his probation, not to mention killed four people.

GUILFOYLE: Right. But this was the sentence that he received. This is the sentence. So you can't, like, go back. Like Hitler parks in the red zone, you give him a ticket. You can't give him the death penalty. So it's got to be proportionate to what the violation is.

But what I suspect is that he was going to test dirty if he went into the probation officer, because if he was drinking, et cetera. Dumb move to flee to Mexico and do the weird Jonas Brothers thing, for sure. But he's going to have to go back and serve time.

The challenge they're going to have is it's probably going to be 120 days.  He's going to get back, and hopefully, this has a very strong influence on him. If he has an alcohol problem. The fact when you have so much riding on this and then you would violate probation, which is what it appears to be, because why run? That's like a consciousness of guilt because the video surfaced with him allegedly drinking at this party. It's a huge problem, and the mom is an accessory to it, which is another problem. So - - and obviously, they're trying to conceal his identity, because you look at the, like, huge transformation.

KILMEADE: Isn't she confirming affluenza?


KILMEADE: Isn't she confirming exactly the terrible parent she was? And there are some people that are born evil and will be evil their whole lives. And I'm not looking at Tom. Tom, I guess, I was looking in that direction.

SHILLUE: Look, my mom wouldn't take me to Mexico when I was a good boy.  Let alone -- I'm still waiting to go.

KILMEADE: I will say this. This guy is going to be nothing but trouble the rest of his life. The sooner we find a way to put him behind bars, the safer we're all going to be.

FRANCIS: I've got an idea, Julie. I mean, why don't we take the two of them and force them to live and work in a soup kitchen for the rest of their lives where they sit there and they serve other people? Because clearly, neither of them has any sense of responsibility to community, to the people around them.

I mean, they're totally devoid of that idea. They should sit there and have to make soup and serve it out to poor people for the rest of their whole entire life and never leave it.

ROGINSKY: That's such a great idea. First of all, this guy should have gotten serious jail time. He got drunk and killed four people. I don't care that he's 16. There's no excuse for that.

But the judge in my mind, some insanity decision decided not to do that.  Perhaps you're right. So the guy suffers from affluenza, which means that he's never done anything for anybody. It's all been...

GUILFOYLE: It's never been documented. It's not in the DSM 5 or any of that.

ROGINSKY: Affluenza, right. So because of that, let's do something -- as you said, let's do something that actually -- cures the disease which as you pointed out, really doesn't exist, which why don't you have this guy go and do something that makes you a lot less affluenza'd? Which has helped other people.

The reality is, Kimberly, that's upsetting to me, is obviously nobody is going to mandate that he does any of that. He's probably not going to serve any real time. He's got the Lindsay Lohan problem.


ROGINSKY: Of -- or the celebrity problems of going to, you know, allegedly to keep getting the book thrown at them. There's not enough space in the prison. They keep getting busted out early.

At which point...

GUILFOYLE: Maybe he's going to get a scared straight situation by going in and doing hard -- doing time and...

FRANCIS: I mean what I think -- is the doctor that coined the phrase, who got up on the stand and said affluenza. He now completely regrets that, of course, because he says the media is only focusing on this because of the term. And if only he hadn't coined that term, then nobody would care about this story.

SHILLUE: Yes. In fact, I thought it was his defense, the affluenza defense. But his lawyer said he didn't even use that. It was just the expert who said it.

I liked him better as a blonde. I don't know about that dye job. And it doesn't work. First of all, when you dye your hair, it didn't work for Carrie Mathison, and it doesn't work -- it does not work. You don't -- you're not invisible when you dye your hair.

Also you're not invisible when you go to Puerto Vallarta. Why do people always go down there? It's like...

FRANCIS: It's nice.

SHILLUE: It reminds me of my kids when they -- when we used to play hide and seek. They would just hide their eyes. They would go like this, and they would think they were invisible. When you go to Mexico you're not invisible.


SHILLUE: In fact you're quite visible.

ROGINSKY: And dye your goatee is probably not a good idea. Just shave it off.

KILMEADE: If there's good news out of this, the good news is -- the good news is we'll never hear from affluenza again. It will never be a legible -- it will never be a palatable excuse to even come up in any law book or any argument.

GUILFOYLE: It wasn't before.

KILMEADE: Or any judge's chamber.

GUILFOYLE: You're kidding, right?

SHILLUE: There's going to be a drug court.

GUILFOYLE: I disagree.

KILMEADE: You're never going to use it again. The one...

GUILFOYLE: Wrong, incorrect. Incorrect.

FRANCIS: I think it works. OK. We've got to go.

GUILFOYLE: You'll hear it again.

FRANCIS: Next on "The Five," actor Samuel L. Jackson's stunning admission regarding the terror attacks in San Bernardino. Have you heard this? He said he was disappointed that the shooters weren't white. You have to hear the rest of the comments. That's coming up next.


SHILLUE: Samuel L. Jackson has become known for stoking racial fires, singing songs about quote racist police and urging other celebrities to do the same. Apparently the actor has been waiting for more opportunities to race-bait but was disappointed when he learned he couldn't use our nation's latest terror attack to do so.


SAMUEL L. JACKSON, ACTOR: I can't even tell you how much that day thing was happening in San Bernardino, I was in Hawaii, how much I really wanted that to just be another you know, crazy white dude. And not really some Muslims, you know. Because it's like, oh, (EXPLETIVE DELETED), it's here and it's here in another kind of way. OK, it happened at an Army base and it happened somewhere else, but now it's like they have a legitimate reason now to look at your Muslim neighbor, friend, whatever, in another way now.  And they've become the new young black man.


SHILLUE: Julie, have Muslims become the new young black men?

ROGINSKY: I think the new black men are still the new black men. They obviously haven't always gotten a fair shake.

I've got to admit, I felt kind of the same way that he did, because you had this terrorist attack, which you didn't know at the time was that kind of terrorist attack. It happened, and you're like, "Oh God, it's here. It's here on our shores." And obviously, it happened before but not to the extent that it happened in San Bernardino. It was obviously the worst attack we've had since 9/11.

So I had the same reaction, which was shortly after Paris, you're hoping it's not going to come to America, and it's exactly what happened. So I get where he's coming from.

FRANCIS: That's a different interpretation, though.

KILMEADE: Right. For to be -- to hope that it's not [SIC] a crazy white guy, to think that's good news is bizarre.

His background indicates where he's coming from. I mean, he is 67 years old. He's from the segregated south, and he still harbors a lot of resentment for the biases he grew up with.

And it still happens. Even though he's made, his movies have grossed over $7 billion. The success he had is unparalleled. The respect he has in Hollywood is tremendous. He obviously can do just about anything there is to do in movies. But the anger still resides from his early days.

For you to hope that it was a -- it would be good news to be a crazy white guy is absolutely insane.

SHILLUE: But it's -- he's just being honest. And Julie was honest. I say half the country prays that it's a crazy white man. Because that is the narrative of the Democrat Party, is it not?

FRANCIS: I think you guys are making a different point here. I mean, he's saying that he was hoping it was -- I mean, I was hoping that Santa Claus was real. There's a lot of things we hope for that don't actually happen.

What Julie is saying is that, I mean, it's a different nuanced point.  You're saying we're hoping it hasn't come to our shore, and this isn't a real thing. That someone can be radicalized from a distance and really just open fire on 19 people. This is -- this is a huge phenomenon.

KILMEADE: Hasn't he been paying attention? Did he see what happened in Texas?

FRANCIS: Well, no, there's a lot of people that aren't paying attention, and they don't want this to be real. And they're so sad to see it become real. And the rest of us have known it's real for a while, and he's just waking up to it. And he's sad about that.

SHILLUE: They know it's real, Melissa. They know it's real, but it's marketing. And the Democrat Party has been marketing that we have to be more afraid of white people who are members of the NRA than we do of Islamic terrorism. Isn't that what President Obama said?

GUILFOYLE: Yes. Well, it is. That's the problem, is this doesn't jibe with their whole, you know, ideological beliefs and their war on guns and the Second Amendment. They want to make it about gun violence and not about terrorists. And it's just much more acceptable for them to push their messaging if it's, you know, angry white men with guns. And that's like oh, OK. We always knew it.

ROGINSKY: I'm sorry, but statistically you are more likely to be killed by an angry white man than by an Arab terrorist. That's just a reality.  That's statistics that you can't refute.

FRANCIS: I mean, this is newer. We haven't had this backlash from, you know, radical terrorists coming over here. And this is -- it's newer.

I think that you know, the point he's trying to make, I think that he tried to extend it to the idea that this is the new group that immediately everybody looks at them when you sit down on the subway, when you get in a taxi and the person in front of you is clearly Muslim, people, immediately their minds go to this.


FRANCIS: Which is true. I mean it -- and it's sad. And I think the way that you break that kind of stereotype is you need other Muslims to stand up and, when they see something, say something. To break the stereotype.

Any group, you have to go out and have other people of the same ilk...


FRANCIS: ... break the stereotype.

GUILFOYLE: All hands on deck.

FRANCIS: And not be hating in that way. Whether it was blacks or women, you know, coming into the workforce, whatever it is. Any group that's stereotyped, over time, you break it.

KILMEADE: Right. I've never feared women in the workplace. By the way...

GUILFOYLE: Until today.

KILMEADE: But if you want to hear this. He who had spent substantial time in New York. If he was really paying attention, he should have been worried from 1993 on when they first tried to blow up the World Trade Center.

SHILLUE: That's right. And he said -- listen, he -- his quote, he said, "Terrorism became America's problem when Bush and those guys put us in that fight." That's when he said terrorism started.

KILMEADE: Thanks. That really makes a lot of sense.

By the way, if you have to have a shooting, if you want to have a shooting, if it's going to happen anyway, you should hope it's terror. Because if there's one things Americans can unite around is a foreign threat against Americans of all colors. Muslims are being killed, too.

GUILFOYLE: He isn't thinking terrorist enclave (ph). He thinks it's snakes on a plane instead of terrorists.

SHILLUE: Ahead, Oprah Winfrey is getting a lot of people's attention with a commercial where she talks about her long-time struggle with her weight.  You'll see that when "The Five" returns.


ROGINSKY: It's that time of year when many people make resolutions. Some to quit smoking, others perhaps to trim down and get healthy. A fitting time for Weight Watchers to have released its first commercial with its new spokeswoman, Oprah Winfrey, who bought 10 percent of the company in October. In it, Oprah opens up about her long-time struggles with weight.


OPRAH WINFREY, MEDIA MOGUL: Many times you look in the mirror, and you don't even recognize your own self. Because you've got lost, buried in the weight that you carry.

Nothing you've ever been through is wasted. So every time I tried and failed, every time I tried again and every time I tried again has brought me to this most powerful moment, to say -- if not now, when?


ROGINSKY: All right. So you know, you're laughing, but Melissa and I were emailing earlier that we were, like, crying watching this commercial.

FRANCIS: I did. I cried watching that. Have you never struggled with weight?

SHILLUE: Only Oprah can do this. She buys 10 percent of a company and then puts out an ad with the slogan and everyone cries.

ROGINSKY: You are a heartless human being.

FRANCIS: You know what? She doesn't need the money. She doesn't need to do this. Hang on. Because -- you're laughing -- because she believes in this. Because there are a lot of people out there who have struggled mightily with weight, and it has crushed their spirit over time.

You look at somebody like Oprah, who is one of the most amazing people on the planet. I mean, she's done incredible things that other people haven't done before. And she's saying, "I haven't been able to tackle this problem, as amazing as I am. And I'm going to give it one more shot. And I put my money where my mouth is. I bought 10 percent of this company, and I'm going to get out there and do this."

And when you see her there and she's, like, basically in tears, that's not fake. She doesn't care. she doesn't need this. She gets out and does this. When she says something like nothing you've ever been through has been wasted. What was it? Nothing you've been through is wasted.


FRANCIS: Everything you've done to get to this point you will use to go forward. I've tried and failed. She could make a real difference.

She can help people.


KILMEADE: Just for the record, I've been hit three times. Twice during the Manning segment...

FRANCIS: You deserve it.

KILMEADE: ... and then once again just now.

FRANCIS: I'm going to do it again.

KILMEADE: I didn't even say anything yet.

GUILFOYLE: This is what happened, because they're getting very emo right now.

KILMEADE: I am inspired, and I will buy 10 percent of Bowflex. Because the time is now.

No, I will say this.

GUILFOYLE: I love Bowflex.

KILMEADE: Absolutely.

FRANCIS: I'm going to pour the water over the top of your head right now.

KILMEADE: That's insanity. Please do it to Tom. It's his segment. I would say this about...

GUILFOYLE: Tom's the Tin Man, no heart.

KILMEADE: That's true. I heard about that.

GUILFOYLE: He's not feeling Oprah.

KILMEADE: That's true. I have no body fat. I can't feel a pinch there.

GUILFOYLE: Especially when you go like this and block my shot.

KILMEADE: She's relatable. She's relatable. She's -- she has, as great as she is, as smart as she is, as desirable (ph) as she is, she's not perfect. She's not a supermodel. Therefore, I do believe if Oprah can inspire anybody, her lack of perfection is an inspiration.

ROGINSKY: Thank you. And except for Tom Shillue, who's apparently a perfect specimen, everybody else on earth...

SHILLUE: I'm going to buy 10 percent of a hot yoga studio. I'm going to do my own commercial.

ROGINSKY: You are a heartless human being. So I have a question for you.  What, in fact, is your New Year's resolution, since it's obviously to be a better human being?

SHILLUE: I think maybe I'll get to those ten chin-ups. What do you think?  Since Kilmeade slandered me earlier. I can do ten sit-ups.

KILMEADE: What did I say?

SHILLUE: You said I couldn't do ten sit-ups. I can do 30 sit-ups. But I can...

GUILFOYLE: When was this?

KILMEADE: Maybe in the break. Not on television.

ROGINSKY: Were you having a dream about that? I don't remember it happened.

GUILFOYLE: All right, guys. New Year's around the table.

FRANCIS: I am going to slow down with my email. I'm one of those people that sometimes I fire off the email too fast and maybe you say something that you didn't mean to. I'm going to save as draft more often.  Especially in the morning before I've had breakfast. I think there needs to be, like, a blood sugar monitor on my iPad.

KILMEADE: I'm going to use -- I'm going to open up my phone with my fingerprint more than using my combination.

ROGINSKY: That's an admirable goal. Mine is to stop slouching, because it's apparently all I've been doing lately.

What's yours, K.G.?

GUILFOYLE: All right. Sit up right now.

Mine is to continue to eat salami and a special secret one, but you're going to have to watch "The Five's" New Year's Eve special to find out.

ROGINSKY: All righty. Well, that's fantastic. "One More Thing" is up next.


GUILFOYLE: It's time for "One More Thing," but first a reminder for your New Year's Eve plans for Thursday night. Because the Fox News party kicks off at 9 p.m. Eastern with Kennedy, Jesse Watters, Katherine Timpf. We've got Shillue here. We've got them all, baby. And then at 10 p.m., Eric Bolling and I host the "All-American New Year's" special with special guest Donald Trump, who I just spoke to. Take a listen.


TRUMP: I'll be in Florida at the Mar-A-Lago Club and -- which I own. And I think we're going to have 800 people in the ballroom. And it's going to be very exciting. And I don't know about the noise. Maybe I'll have to step outside of the ballroom. But it's with you and Eric, and you've always been great to me.  And I really appreciate it. And Eric is such an incredible guy, such a great guy.

So when I heard it was the two of you, not that I love doing it because I'd like to just give my wife and everybody a nice big kiss, but frankly, when I heard it was the two of you, I said, "I will do it."


GUILFOYLE: All right. Don't worry, Melania will be kissed on New Year's by Donald Trump. And the full interview will air tonight, "On the Record" at 7 p.m. I will be hosting tonight, in for Greta.

All right. On to "One More Thing," and also actually, I have to do my first thing, which is very important. If you go to my Facebook page., something like that. You'll find it. A very important group called Operation Deploy Your Dress. They are currently seeking donations of gently used formal gowns, shoes and accessories to be given to military spouses. What a great way to give back for those that give so much to us in sacrifice. So they can attend their different units' galas and celebrations, if you could do that, if you have anything they might like, we would greatly appreciate it. Right, Melissa?

FRANCIS: Absolutely. All right. "One More Thing," I don't know how I could possibly follow that. I basically wanted to go around the table and see who has seen the new "Star Wars" yet?


FRANCIS: I loved it. I saw it twice; it was fantastic. In fact, our family are fanatics. Go ahead and cue the picture there. You can see.  Now notice closely. It may look like I'm not in costume. But I was the force, because obviously, when it comes to getting everyone out the front door in my house, I am the force.

We are fanatics. We went twice. We saw it in 3-D, you know, whatever, Imax. And we also saw it in regular. I voted for regular. Have you seen it?

GUILFOYLE: Well, there's 3-D and then there's also Imax.

FRANCIS: I did that, yes, 3-D Imax.

GUILFOYLE: OK. No, I didn't do Imax. I just did 3-D with the little glasses. I thought it was fantastic. And I also say I loved "Creed." Oh, my God. Amazing. I'm a big boxing fan.

KILMEADE: That's where my family went. We went to "Creed," and we all dressed with the boxing trunks.

GUILFOYLE: Do you love it? You don't love it?

KILMEADE: Absolutely. I would have been viced.

GUILFOYLE: Brian, you're next.

KILMEADE: All right. Let me just tell you, as you know, I wrote the book "Thomas Jefferson and the Tripoli Pirates." And it was really cool to go meet everybody. But I got an email yesterday that I wanted to share with you.

This woman is related to one of the subjects in my book, Edward Prebble, who's a naval legend, and she was embarrassed by her middle name, was always Prebble. Her great-great-great-great-grandfather is Edward Prebble.  So reading the book, she found out how great he was. She has now put that name back as her middle name.


KILMEADE: Because of the book. So life does come full circle.

GUILFOYLE: What a great story.

KILMEADE: Good job, Janley Prebble Shaw (ph).

GUILFOYLE: Loved it. All right. Tommy.

SHILLUE: All right. On New Year's Eve just after midnight, "Red Eye" has their annual New Year's Eve special. We're counting down the top 1,000 stories of 2015, including the sexiest gorilla.

GUILFOYLE: Oh, please.





SHILLUE: Very sexy, right?

GUILFOYLE: "Zoolander," baby.

SHILLUE: Women love that gorilla. They're flocking to see Chivani (ph).

GUILFOYLE: Real gorilla blue steel.

ROGINSKY: Feel like I'm out clubbing. So it's 2016, almost, and that means it's time for political books about your favorite candidates.


ROGINSKY: I read a great one last night. It's by a reporter called Matt Katz, former Philadelphia Inquirer reporter, now works for WNYC. It's called "American Governor: Chris Christie's Bridge to Redemption." It's a great biography of him, of Chris Christie. If you're interested, go out and buy it. Fantastic book. "American Governor."

GUILFOYLE: Fantastic.

KILMEADE: Do they make him look good or bad?

ROGINSKY: It's very balanced. I would say it's an incredibly balanced.

GUILFOYLE: Are you going to be nicer about Christie?

ROGINSKY: I'm always nice about Chris Christie, whom I know quite well.  I'm very informed about him, and I'm more informed now after reading Matt Katz's book.

KILMEADE: I'm getting it.

ROGINSKY: Check it out.

GUILFOYLE: I like it. We're going to check it out. Set your DVR so you never miss an episode of "The Five." That's it for us. "Special Report" is next.

Content and Programming Copyright 2015 Fox News Network, LLC. ALL RIGHTS RESERVED. Copyright 2015 CQ-Roll Call, Inc. All materials herein are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of CQ-Roll Call. You may not alter or remove any trademark, copyright or other notice from copies of the content.