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By the way, jenny mccarthy who cohosted the show said the background dancers were in sync, which they were. if they could hear the music blaring from the speakers, why couldn't mariah carey? >> megyn: i didn't consider that myself. criminal defense attorney, thank you for being here counselors. let's start with whether the dick clark production company can sue mariah carey for what it is alleging. defamatory statements about them setting her up to fail. >> absolutely not. they would have to prove actual malice because we are dealing with public figures. it's a very high burden. that means they...

Entertainment... by the way, jenny mccarthy who cohosted the show said the background dancers were in sync, which they were. if they could hear the music blaring from the speakers, why couldn't mariah carey? >> megyn: i didn't consider that myself. criminal defense attorney, thank you for being here counselors. let's start with whether the dick clark production company can sue mariah carey for what it is alleging. defamatory statements about them setting her up to fail. >> absolutely not. they would have to prove actual malice because we are dealing with public figures. it's a very high burden...

Deserved, tbh, to be honest. there was some speculation that the track was the vocal version. i love the fact that the background dancers kept going. >> they did. >> you know what, whatever. >> as she said, stuff happens. doing live tv, you and i know that is certainly the case. >> on the first day of the new year, we can't hate. >> totally. i get it. let's at least wait until january 3rd or something. thank you. appreciate it. >> if you're like a lot of americans, you might have a hard time unplugging from the office, getting away a little bit. not me but maybe this is a problem for you. in f...

>> what, how you don't have a video without women bound and gaged? what don't you understand? >> it is a good point, but defend your idol. >> we can talk about how levine is ripping off kuai culture. we can talk about how the japanese in the video look like -- the background dancers look like they are in intense pain and don't want to be there, but that is all besides the point. it is an awful song and video. >> it is. >> and we can't overlook that in a rush to talk about cultural appropriation or racism. that's it. she is huge in japan. the album she is on -- >> height wise? >> both. unlike y...

>> that's why we lost the cold war. >> have you heard of the beatles some. >> them i know. they were a cover band. >> they were the band before wings. >> that's right. >> joe, you have been dancing and singing this song all day. either you really like it or of course you are just wasted because that's what you usually are. i think she is convulsing. >> no, this is really speciesist and not racist. there was not kitty in this video. granted i did not watch it in its entirety because my ears started to bleed. but if people want to pick a fight about background dancers and what is inappropriate x...