harold ford jr., pete hegseth and fajimmy failla. it is 5:00 in new york city and this is "the five." >> hunter biden is playing victim in a brand new interview as we learn bombshell new details about his second indictment. he is facing nine new criminal charges for not paying $1.4 million dollars in taxings and blowing that cash on his lavish lifestyle. the defendant spent money on drugs, escorts, girlfriends, exotic cars, clothing and other items of personal nature. in short, everything but his taxes. if convicted, hunter could spend 17 years in prison. hunter biden telling moby that republicans are only concerned about him as way to destroy his father's presidency. >> in the most illegitimate, but rationale way, they are trying to destroy a presidency. it's not about me. their most base way, what they are trying to do is trying to kill me knowing it will be a pain greater than my father could be able to handle. >> hunter's attorney is blaming republicans and thank yous political pressure from gop lawmakers played a role in beefing up the charges after the first son's sweetheart plea deal fell apart. >> what happened between june 20 and yesterday, the facts did not change, what changed was enormous pressure put on the u.s. district attorney. him deciding i don't want that grief any longer, i don't want to be ridiculed by the republican part, i'll be a tough guy and take two pages of a misdemeanor, where millions of americans file late and turn it into a 56-page document. his name was not hunter biden, this would not have happened. >> how is joe biden feeling about the second indictment of his son? he is too busy thinking of which celebrity he will hang out with tonight. watch him ignore reporters asking about hunter. >> any comment on the new charges against your son, mr. president. >> well, judge, i think you disagreed with hunter's attorney there, abbe lowell. >> judge jeanine: if i were ever in trouble, i would hire abbe lowell, he is wrong here. the truth of the matter is that he had a plea deal that even the department of justice could not justify. the doj when questioned said there is no precedence for anything like this. abbe lowell, all due respect, don't tell me nothing has changed here. what has changed is the fact that hunter biden is being held responsible and accountable. this is not a guy who filed late returns, this is guy who didn't file returns. for everybody, including associated press whos he was an addicted son, his tax failures were post-addiction issues, so stop with this, he's a druggie. how smart, i couldn't take out $1.6 million from a bank account where i do my banking. he was involved in human trafficking, money laundering, he was a foreign agent, none of that was filed here. this is lipstick on a pig. they took the same charges and told us everything about the dirtbag's lifestyle, referring to hunter biden. people are making sure there is same justice for you as everybody else in america. one final thing, that is for those who say, joe biden has nothing to do with this. you have james comer and congress trying to do what the department of justice and the fbi should be doings, 327 e-mails, with joe biden using a pseudonym instead of his real name contacting members who are partners of hunter biden, lying he didn't know about his son's businesses, lying he never did business with china, didn't take money from china and lying when he said he didn't do anything illegal period. jane biden got money, we still don't know where 20 million has gone. james biden sent money to joe biden and we have not seen a memo that indicates it was a loan. >> hunter's attorneys are trying to make the case nothing has chaefrjed here. he did see a change in the sense the irs whistleblowers came forward. it is important to listen to them now to remind them what they were saying. >> it appeared to me based on what i experienced that the u.s. attorney in delaware was hamstrung, and marginalized by doj and other u.s. attorneys. a number of times we were not able to follow the facts. >> prosecutors instructed investigators not to ask about the big guy or dad when conducting interviews and investigators were not allowed to follow up on messages from hunter's backup where he suggested he was sitting next to his father. >> these were not republicans, thises career investigators. >> it doesn't matter to me what political party anybody is in, when you are accused of something, greatest thing our nation affords is presumption of innocence. it is curious, president trump said over and over again with what he's facing, he would not be facing some charges if his name was not trump and hunter said he would not be facing charges if not named biden. this is a similar political argument. i have not read the indictment closely enough, i read summaries and this is a serious indictment and there is jail time that goes along with this. hunter said he's innocent and we give him that presumption, we'll wait for the tracks for a trial to be held. with regard to witnesses you showed at the start of asking the question, this blew up because they went into a courtroom in delaware and the two sides did mot have a meeting of the minds about the plea agreement. the justice department thought it pertained only to matters, the gun stuff and tax stuff a couple number of years. >> judge jeanine: justice department knew, they hit it regarding the gun. >> get back to the facts, peelel around here want to see him buried. >> judge jeanine: i want justice. >> so do i. judge, the hearing was heard to hear the defendant, you get to go before a judge and a judge explains, do you understand what you are pleading to and neither side understood. >> the justice department wrote it up. >> the outcome, the court said you are not in agreement. >> judge jeanine: no, he said this is corrupt and never been done before. >> the court said there is not a deal. the whistleblowers did not do this, that judge put us where we are, she said you guys do not have an agreement. if i were in hunter's shoes, i would be disappointed i didn't sign the agreement, it would have taken some charges off the table. the poen i'm making, when we get the facts and if convicted, he will face the legal music, if he's acquitted -- >> new indictment, 58 pages, salacious details and taxes on money and who are his partners and the media is trying to distance joe biden from the indictment. listen. >> no mention of joe biden, no reference to joe biden in the indictment. >> there is no allegation that the president did anything wrong. >> hunter biden is not running for office and this is false eshg 85 lensy by republicans. >> we will see if james comer >> there is yet to be evidence president biden had anything to do with the criminal charges. we move from never been in business to not being in the indictment. >> this is what the media does, cover for him. it is so telling of the moment, we're told this is justice. harold said it is a serious indictment, on the face, it is. it is the exact opposite of justice. why drop it now? he's about to testify with james comer, now he is under investigation, can't talk about it anymore. will he see justice? 17 years? if he was found guilty, what will joe do? wave his magic pardon wand. this is opposite of justice. they don't mention his lobbying or pseudonyms and e-mails, about international money. there was one sentence about money from russia and china. they found the easiest thing, he did not pay taxes, he paid hookers, instead. trump is a different circumstance. >> jimmy, do you want to lighten us about the jokes? >> jimmy: i had a point here, reacting to what hunter said to moby, they are not trying to destroy biden's presidency, he didn't need help. he is polling behind isis, like 27%. to hunter point, d in accounting, a on how he spent the money. fast cars, fast women, if ukraine is sending me $5 million, the docket looks similar to the way it looks now. they will not send me money, my dad was not sitting vice president at the time. hunter didn't work in government, exactly, why was biden e-mails him information under a pseudonym name. that is bigger takeaway here, they interfered in the 2020 election, we know they did. why? we were told this is not a thing, it will wrongly influence the election and now guilty pleas to the money we knew was a thing. scam. >> scam. all right. up next, cowardly ivy league presidents who couldn't condemn genocide of jews are in serious hot water as donors bail. ♪ ♪ spanning over 280,000 acres, three forks ranch is the destination for luxury and adventure. enjoy private skiing with 23 runs for every level. kick back for intimate performances from the best in country music. enhance your wellness and longevity through our mayo clinic programs, or plan your meeting for a memorable corporate retreat. discover the west kept secret. go to threeforksranch.com to book your luxury experience. he hits his mark —center stage—and 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"the great disappearance" by david jeremiah is available now everywhere fine books are sold. hi! need new glasses? get more from your benefits at visionworks. how can you see me squinting? i can't! i'm just telling everyone! ...hey! use your vision benefits before they expire. visionworks. see the difference. ♪ >> specifically calling for genocide of jews does that constitute bullying and harassment? >> if it is directeds and severe it is harassment. >> the answer is yes, calling for genocide of jews violates harvard code of conduct, correct? >> again, it depends on the context. >> judge jeanine: ivy league presidents are scrambling to save their jobs after disgracing themselves for failing to call out antisemitism on campuses. university of pennsylvania president liz magill been asked to resign by the business school over her testimony and for good reason. the school is losing out on $100 million donation from a donor who was appalled by the university stance on antisemitism. magill has since tried to walk back her remarks. harvard president claudine gay is doing damage control telling that she is sorry, words matter, i don't know how you could feel anything, but regret. even kamala's husband is trashing them. >> seeing the presidents of our most elite universities literally unable to call for genocide of jews as antisemitism, lack of moral clarity is unacceptable. >> judge jeanine: katie, start with you, upenn and my daughter went through, set to lose $100 million from ros stevens from stoneridge management, good for him. she's apologizing for her testimony. she had a week to prepare for that testimony fchl they had asked the question about any other group, i doubt she would have reluctance that calling for any group is violation of code of conduct. >> katie: let's be clear, these presidents are not apologizing because they found moral clarity, they are apologizing because they are losing $100 million checks and they are embarrassed about that. think about the context and getting to answers all three of them having the same one, what is the context? they are paralyzed by the woke olympics on campus, the context in terms of dei olympics, they would think who is making the claim, is that person more oppressed than the person making the claim. we don't think jews are as oppressed as palestinians and the hierarchy then context is such it is okay to make calls for genocide because of this allegation that the people making the calls are being oppressed somehow, whether true or not. they can't look at things in the sense of right or wrong, this was one of the most horrific incidents we've seen in the history of academia. it is obvious answer, because of the bubble they are living in, who is more oppressed than who based on skin color instead of treating each other equally and based on character, they are in this position. not because they found some answer, they had a pfirm reach out for them to re-read and they are saying they are sorry, their jobs are on the line. >> judge jeanine: pete, misgendering someone is violence according to them, but antisemitism requires context. why? >> pete: everything katie said is right about oppressor and oppressed. $100 million is a drop in the bucket for them, we are doing a special on fox nation next month called poison ivy about funding of ivy league schools. they are basically international hedge funds who treat classes through a marxist lens. that is why they were so smug in front of the committee. they are afraid of the students and wed to one world view and they want to hide behind free speech. suddenly free speech is their mantra, tell that to conservatives and white kids and everybody on the wrong side of that woke olympics and now we have gotten to genocide of entire people which is as old as time and they want more context. >> judge jeanine: there is a sound i'd like you to listen to, harold, by the -- i think the harvard president. >> in that moment, i was focused on our university's long-standing policies alined with the u.s. constitution, which say speech alone is not punishable. i was not focused on, but should have been. >> judge jeanine: okay, that is magill saying the constitution protected me. >> harold: i'm a grad of penn. i don't know about the woke olympics, if you can't condemn terrorism, if you can't identify that genocide of a population of people is something you are not going to tolerate within the policy on your campus, particularly when it is in the policy and in your rule book, you shouldn't be in that role. i hate to say this, the school has been embarrassed over the last several weeks. so many classmates, i was signed the letter weeks ago when president magill did not respond about why roger waters, who spoke about israel and jewish people in an awful way, they had him coming on yom kippur and the president did not respond to any of us. i don't give $100 million, but i'm proud and i seen a few nickels back every year and i joined the cause to send $1 until we have substantive change. she could show maturity and moral clarity and she failed to do that. whatever her motivation was coming back, it was up to her. i don't think she is fit to the president. it is unfortunate, but you have one job when it comes to promoting conversations, you got to make it safe for kids to share views and for kids to learn. i'm against punishing kids, a friend said he was not going to hire them. these are kids, give people opportunity for second chance, but president of the school to not condemn terrorism and genocide, not fit to be president of the school. >> jimmy: boom. rare agreement with harold, they have to fire her, she should not get grace of resignation, certain questions you don't get a crack at. if we're hiring a babysitter, are you going to keep the kids safe? 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there is so much here. >> jimmy: they are already full from eating on the private jet, pick and choose your spots. every time u.n. gives us advice, i wish i had a button who asked you. nobody cares. this is like serving alcohol at an intervention, complete opposite of everything you are supposed to be doing and the climate thing is a fraud. he is flying on private jet laughing and listening to beatles, while you eat beatles, that is all a fraud. all of it. >> pete: judge, the lab-grown meat causes more emissions and is less healthy for you. >> judge jeanine: you use more energy to make the lab meat, which i wouldn't eat, i don't know what it is. we saw hypocrisy during covid, other than you, harold, they are addicted to totalitarian mindset. rules for thee, not for me. it is not about hypocrisy, it is about class, we're elite and you're not. you eat that, you don't eat that. if they cared about climate emissions, they would go after china, india, leave me alone with my gas stove, no one is taking my gas stove from me. >> pete: harold is going to try. if you were in dubai, and you're not, would you consume meat or stand in solidarity with the plant eaters? >> harold: i'm going to have a steak when i leave, had a steak last night and night before last. i believe in climate change, i believe we have to address this seriously, we are not addressing it with these efforts. you would imagine they would have technologists and others to make up the panels to assess next generation battery technology, next generation agricultural products. most people don't realize when you talk about agriculture, some things are more harmful than we're doing now. >> pete: to include batteries, by the way. >> harold: exactly. next generation, i would want to know if i were on the panel, have jimmy and his class of experts who know about batteries and outer space, come tell me. two years ago, batteries were not as efficient as they are now. when they engage in this behavior, it belittles a serious point, i hope they get their act together. >> pete: katie, will they get their act together? >> katie: lab grown meat is grown in a vat, think about that if you are thinking about eating that. they say people need to reduce meat intake because agriculture and farming generates 10% of greenhouse gas emission, yes, because people need to eat in the world. there is a cost for keeping human beings fed and they are playing with fire when it comes to tinkers with the food process and the way we grow food, not rich countries like united states, countries in africa, india, china. sri lanka, head of the country banned nonorganic fertilizer and within a year, they had no food, no farming and the entire country went into economic collapse and had to import food. they try to control agriculture, farming, ranching, meat, it can result in catastrophic consequences. they need to focus on technology that can help change emissions harmful to the environment, not by trying to control the way people feed their population, that is good way to cause famine, which lots of communist countries have done in the past. >> pete: let them eat bugs, they will be fine. >> judge jeanine: or cake. >> pete: maybe cake made of bugs, could be all right. jay leno rolling around in our cyber truck, hear what he thinks about it and more in the fast. ♪ diabetes can serve up a lot of questions, like, "what is your glucose?" and "can you have more carbs?" before you decide... with the freestyle libre 2 system know your glucose level and where it's headed. no fingersticks needed. manage your diabetes with more confidence. and lower your a1c. the number one doctor prescribed cgm. freestyle libre 2. try it for free at freestylelibre.us directv sports central brings your games, stats and scores together... and now you can get it without a satellite. one more reason to finally get rid of cable. but getting rid of the cable guy might not be as easy. oh yeah, touchback! visit directv.com for up to a $400 reward card. whenever you're hungry, there's a deal on the subway app. buy one footlong, get one 50% off in the subway app today. now that's a deal worth celebrating. man, what are you doing?! get it before it's gone on the subway app. ♪ dupixent helps you du more with less asthma. and can help you breathe better in as little as two weeks. dupixent is an add-on treatment for specific types of moderate-to-severe asthma that's not for sudden breathing problems. dupixent can cause allergic reactions that can be severe. get help right away if you have rash, chest pain, worsening shortness of breath, tingling or numbness in your limbs. tell your doctor about new or worsening joint aches and pain, or a parasitic infection. don't change or stop asthma medicines, including steroids, without talking to your doctor. ask your specialist about dupixent. ♪ ♪ >> welcome back time. first up elon musk hotly anticipated super futuristic cyber truck hitting the street, tesla is delivering first batch to customers and looks like jay leno got to take one for a spin. >> this elon's? >> it belongs to a buddy of mine, truck number five, just came off the lot. it is incredible, faster than tesla. >> harold: your honor, you were saying when we did this segment week or two ago, you were dubious about it and have a stronger opinion about the truck? >> judge jeanine: i kind of like it, i don't like to buy anything first year it is out, there are always problems with it. i was looking at it today, it does not have a hatch back, i get a truck because i have so many dogs and you need the hatch to go up. >> harold: you did buy the bentley the first year? >> judge jeanine: i did not, no, no, no. >> harold: pete, would you drive this thing? >> pete: i would never buy an electric car, this is getting me closer, elon is letting me. stainless steel body, 0-60 in 2.5 seconds, massive payload, i can own a tank thanks to elon musk, it is only thing to get me to an ev. >> judge jeanine: it does not look that big like efk laid or something. >> pete: you could mount a gun on it. >> harold: katie? >> katie: no, i drive a jeep wrangler with no technology at all, that is the way i like it. i will let somebody drive me in a cyber truck, it would not be good for me. >> harold: jimmy, are you ready to drive katie? >> jimmy: i have a white bronco and my wife has never behaved better. >> harold: please don't take katie in it. tourists strike again, group of tourists capsizing a boat in venice canal. a group of tourists capsizing a boat after ordered to stop moving around in the boat. judge, we do this every week, they are lucky to be alive. >> judge jeanine: i'm sick and tired of ego-centric people who have to take pictures of yourself everywhere. enjoy the moment, no one wants to see your picture. we said it was public health problem last week, it is a public health nuisance. >> gillian: smartphone has made everybody dumber and no one is paying attention to anything, but their phone. do you know how many times people walk in the open avenue, people walking across the street looking at their phone. if i hit you and that is your mindset, it is addition by cub traction, these are stupid people. >> harold: katie? >> katie: they will ruin it for other people, they were told and did it anyway. now more rules for the boats and it won't be fun. follow the rules and stop ruining it for everybody. >> harold: pete? >> pete: i don't know what you're talking about. i got memories you don't have. >> harold: do you think if they warn people about this, does that lessen the liability? that is the real problem i have. >> judge jeanine: the question is, what are the damages? can you sue them? yeah, for whatever damage occurred to the gondola. >> harold: a florida couple getting married in a car wash, charming video of the water themed ceremony. >> i, bruce, take you to be my wife. to have and to hold. to have and to hold. >> harold: i'll refrain from commenting, jimmy? >> jimmy: they have unlimited marriage package for $23.99 a month. i like this strategy, it is probably easy marriage to get out of. your honor, we got married in a carwash, i like it. >> harold: would you consider this? >> katie: i grew up in a carwash, i appreciate people using this moment that can be part of the rest of their lives. the brushes might scratch your car. >> pete: she has a monthly membership and the other venues were so expensive, she got married in the carwash. >> if she's the woman who overbears on the carwash. >> harold: i love you got the biden blame in. judge? >> judge jeanine: i like love, really the carwash? who cleans their car everyday? >> my husband does, everyday. >> judge jeanine: what is she saying he's got to wash? she'll be tough on him, i don't know if i want to be him. >> pete: i agree. >> harold: another compelling story, fan mail friday is up next. ♪ ♪ you better watch out, you better not cry, you better not pout, i'm telling you why, because santa claus is coming to town. my a1c was up here; now, it's down with rybelsus®. his a1c? it's down with rybelsus®. my doctor told me rybelsus® lowered a1c better than a leading branded pill and that people taking rybelsus® lost more weight. i got to my a1c goal and lost some weight too. rybelsus® isn't for people with type 1 diabetes. don't take rybelsus® if you or your family ever had medullary thyroid cancer, or have multiple endocrine neoplasia syndrome type 2, or if allergic to it. stop rybelsus® and get medical help right away if you get a lump or swelling in your neck, severe stomach pain, or an allergic reaction. serious side effects may include pancreatitis. gallbladder problems may occur. tell your provider about vision problems or changes. taking rybelsus® with a sulfonylurea or insulin increases low blood sugar risk. side effects like nausea, vomiting, and diarrhea may lead to dehydration, which may worsen kidney problems. need to get your a1c down? 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( ♪ ) the serrano name has always been something we're proud of. it's why we show it off on our low riders and why we wear our name on our chains. we come from people we can be proud of. from socal to our family in texas, to back home in jalisco. seeing all the places i come from, i know. if it's a serrano, it's something to be proud of. i take it all with me and i always will. give the gift of family heritage with ancestry. ♪ >> jimmy: that's the king of rock and roll, elvis presley. here we go, first question, my girl michelle on facebook, what is something funny you and your siblings did as children that you still laugh about today? >> judge jeanine: i can't think of anything. >> jimmy: you didn't have anything funny? children, shoot somebody with the fire extinguisher? >> judge jeanine: we used to have a flashlight and read our books under the cover, that is not funny. >> jimmy: you beat me to it, live it up more. >> judge jeanine: it was elmira. >> jimmy: apparently a laugh riot. harold, anything funny in the ford house? >> harold: my parents used to have dinner parties, my brothers and i would perform, i was lead singer and dancer. >> jimmy: as a kid, dude, they loved me. >> harold: elvis was big, i grew up in the white haven neighborhood where graceland is. >> pete: many of them, we had one bb gun, we played hunter and hunted. you would wear a helmet and run as fast as you could. >> jimmy: me and my brother would play hunter and take crack and take money from a foreign country. slightly different game. >> jimmy: katie, what did you and paul do? >> katie: we dipp cheetos in dirt. >> judge jeanine: less poisonous. >> jimmy: love cheetos. we harassed my poor sister for fun. she's in therapy now, good block on "the five." question from joe c. judge -- >> judge jeanine: why do i go first? >> jimmy: i love you, number one in my heart. what lesson were you taught that you didn't follow and wish you did? >> judge jeanine: my mother wanted me to keep playing the piano, that is not funny. i wish i did. >> jimmy: billy joel is not funny, he's a millionaire. harold, and lesson? >> harold: i don't know, a lot of them i didn't follow, pick which one is most prolific. i used to didn't like to go to church as a kid and i thank god my parents made me go. you didn't get breakfast until you went to church. it stuck with me. i go to church and i want my kids to go to church. i thank my inner pas, wouldn't have faith as central. >> jimmy: pete hegseth. >> pete: add those up, i agree with what harold said and i wish i continued playing the piano, my mom had me do it, pretty good at one point. >> jimmy: piano man is now called piano them, you have to adjust before you hit the charts. katie pavlich, advice you should have took? >> katie: maybe stuck with accounting classes longer. journalism worked out, maybe that was good thing. >> jimmy: more accounting, hot answer. when you thought it couldn't get spicier, america. advice i should have taken and didn't, don't wind up on a tv set with harold ford and pete hegseth, they are too hunky, i look like i installed your tv. people tip me $5, when i walk into the studio with these two. one more thing is up next, america. ♪ ♪ . . cough? congestion? i'm feeling better. all in one and done with new mucinex kickstart. headache? better now. new mucinex kickstart gives all-in-one and done relief with a morning jolt of instant cooling sensation. it's comeback season. ♪ >> time now for "one more thing." judge, you are first. >> judge jeanine: time now for my next you. [laughter] >> judge jeanine: okay. today is national brownie day. and to celebrate we have some delicious brownies here at the table for everyone. a big thank you to delease macina. thank you. while they are eating their brownies, i'm on hannity tonight. you can put up that one. on hannity. there i am at 9:00. thank you. >> katie: all right, harold. >> harold: we will be watching. the los angeles rams are giving back this holiday season by taking kids on a shopping spree. 100 kids from the west hills community there in california. rams players and cheerleaders given $200 to spend. the kids were served a meal after working up an appetite from all the shopping. thank you to the rams, to the players, for being role models and giving these kids a happy christmas. >> jimmy: only problem the rams are terrible this year. the kids beat the rams. >> katie: good for them on that. if the bird does its business on you this is good luck. >> this is a little different and sophisticated. mckay la and rich had a remote ceremony when unexpected visitor arrived. canada j known as a whiskey jack flew down on her head as the husband. the picture went on to win the grand prize wedding recover from of the year competition. so pretty cool. good luck to them. >> judge jeanine: what do you think that means? >> katie: good luck? >> judge jeanine: it's when they poop on you good luck. >> katie: this is better. >> jimmy: means they should have gotten married at a car wash. look at that, judge. >> pete: well done. on this one. i bet you have never seen it before because no one has ever done it before. so this is brian grubb wake boarding on top of a skyscraper in dubai. being pulled by a drone. goes off the ramp the dare devil launches himself off a 77 story building on a base jump descended 300 meters before landing gracefully on the beach. >> katie: oh my gosh. >> pete: 43 years old. he has been trying to pull the stunt off for seven years and finally able to put the pieces together. of the tallest infinity pool in dubai and he nailed it. >> katie: jimmy, don't do that this weekend? >> jimmy: i will be in texas at bucky's the greatest place in the world. a lawn chair and grenade launcher in the same aisle. do you know what else you can buy, america? buy my book "c "c "cancel cultu. movie to unplug we are now that cast isn't diverse enough. the godfather needs to be the godmother and leave the gun and cannoli we hate guns and cannoli could be one of those bakeries that doesn't support gay marriage. the point is i'm teaching everybody how to give america the finger again we need to. cancel culture dictionary fox news books.com. there we go. >> katie: congratulations, jimmy. that was a great show. >> go army. >> katie: beat navy i guess. we'll see. have a great weekend, everybody. >> judge jeanine: thanks for joining us. ♪ ♪ rich, good evening, welcome to washington i'm rich edson in for bret baier.