marie harf /*

>> emily: hello, everyone, this is "outnumbered," i'm emily compagno here with my co-host harris faulkner, fox news contributor tammy bruce, former obama state department spokesperson marie harf, and joey jones. >> let's go back to the washington national -- >> harris: we have breaking news we've been following all hour. chief justice john roberts is speaking eulogizing the former u.s. supreme court justice sandra day o'connor thchl is her beautiful funeral today. listen in and watch together. >> i was proud to be part of her

team. i thought our group did a pretty good job. after all the justice was confirmed 99-0 and we must have had something to do with that. only many years later was i told she thought i had been slow in getting material to her. i should have learned that when she had a challenge or responsibility before her, her approach was simple and direct. get it done. the way she participated in oral argument at the court is a good example. justices have many styles on the bench. some like the back-and-forth of debates, others pose unusual hypotheticals, some badger counsel to get concessions and others spell out a particular theory at length and ask for comment. all this is fine and good.

but justice o'connor was different. after the advocate had gotten through a couple sentences, the justice would jump in before her colleagues with a well-prepared question. the question was clear, direct, even enunciated carefully and went to the heart of the lawyer's case with no fluff. her approach was let's get what is most important to me on the table at the outset. get it done. another example came day i was nominated to succeed justice o'connor. reporters asked her what she thought of the nomination. she had nice things to say, but ended by noting the only problem was i didn't wear a skirt. my initial reaction was, of course, everything is negotiable.

fortunately it did not come to that. she called me later that day and said there is something very important that i had to do right away. my ears perked up. she said, you have to hire by incoming law clerks or they won't have jobs. my ears unperked. she saw a problem for the clerk's and a solution and she wanted to get it done so they could rest easy. she seemed a bit put out when i said i probably would wait until i was confirmed to do anything on the subject. now justice o'connor set actual departure date from court to coincide with the day her successor was confirmed. a second vacancy on the court and associated delay led to her and i sitting together for more than half the next term. that was enough time for another

lesson. she and i were discussing a case in chambers and i think she retired of my on the one hand and other hand. she simply got up and said you just have to decide. there wasn't patience in her voice. she had made her own decision about the future and announced her retirement six months earlier, she was anxious to get it done. i spoke to many who were adults when justice o'connor became the first. they said the same, younger people cannot know what it was like before justice o'connor in what seems distant pass. that distance is measure of time and measure of justice

o'connor's life and work. in nearly a quarter century on the court, she was a strong, influential and iconic jurorist and her leadership shaped legal profegsz, making it obvious judges are both women and men. the time when women were not on the bench seemed so far away because justice o'connor was so good when she was on the bench. she was so successful that the barrier show broke down are almost unthinkable today. not so in her lifetime. sandra day o'connor had to study and launch a career in the law when most men in the established profession did not want women lawyers, let alone judges. she had to find her own style to unite colleagues when there was no example to follow for the first female senate leader in the country.

she had to ignore slights and work to bring people together in social, professional and political life. she had to demonstrate excellence as 101 member of the supreme court while setting model as first woman on the job. she had to fight cancer and alzheimer's in public ways that help others and promoted dignity and respect. she had to speak and teach and inspire through the country and around the world about the necessity of judicial independence so our generation and the next would have a road map to safeguard it with all the gifts god has given us. she had to be the most important woman in government and also a devoted wife with her devoted husband john, raised three sons, of whom they were so very proud. all this and more she had to do.

she got it done. >> harris: beautiful words and all the incredible memories and moments in the life of the first woman to hold that role, a great american sandra day o'connor. when you go to my home state when i'm not living in new jersey, arizona, people talk about her still and tammy bruce and i were just discussing, we want young people to know the past of great americans. today is day of celebration, we memorialize her and she stood for so much, once called the nation's most powerful woman as she sat on the u.s. supreme court. also one who commanded attention and loved her communities, plural, around the country and her home state. let's talk about her, tammy

bruce. >> tammy: hearing about her, i was lamenting a lot of kids these days don't know who she is, do not know who justice roberts is. she was first woman on the bench afinded by president reagan. she was there and delivered. think of who is going to break that ceiling, how will that woman perform sets the tone and standard and tells the nation yes, a woman can do that, we have to understand when you have not seen a woman do something, you have to see her do it well. otherwise, you get people who make arguments they can't. there is women who will do it well and women who won't. b boy, does she deliver. she is a remarkable american, in modern age still need to be learned about, about what you can do. wasn't long ago, she broke that ceiling.

it is exciting that i saw that happen and that americans benefited from her. >> harris: she retired in 2006 and chief roberts was saying, she loved her husband and wanted to be with her husband and family and she chose to do that. emily. >> emily: in her first year of appointment she was surprised by it is impact she had on the country, she received 60,000 letters more than any other supreme court member in history, she said, i had no idea how much this appointment meant to the people. i cite prison guards can use unnecessary physical -- employers can be held liable for sexual assault even when there is no psychological injury. she viewed each american as a whole human and not restricted by laws or rules in the way a justice should or could be.

>> harris: marie. >> marie: she deeply believed in judicial independence and was appointed by president reagan and twice voted to uphold abortion rights because she believed in constitution under our system of government those rights were something that should be protected. she was not beholden to political party, she was beholden to judicial decisions and her focus on the constitution and on the country as it is today and not on the country as it was when founded many years ago was vital to moving the court forward. john roberts is of similar ilk and it doesn't look like it did when she was there. we have lost some of that as it

is made up today. >> harris: she is known as favoring states and siding with police when face claims of violating people's rights. that is interesting considering where we are now. so many things before us, i wonder how different court would be with a sandra day o'connor on it. joey jones confirmed unanimously in the season. >> harris: 99. >> is she last of a dying breed? her professional career was coming to an end as my adult life was beginning. i read back and learn about that type of support in books now because i don't see it happen. that makes me sad on one hand and hopeful that we can find our way back to it on the other. >> harris: sandra day o'connor, u.s. supreme court justice, died

december 1, she was 93 years old. god bless her and her family. we'll be right back.

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- [narrator] through generous community support, we've connected warriors and their families with no cost physical and mental health services, legislative advocacy, career assistance, and life skill training for 20 years, and we are just getting started. >> emily: more trouble brewing for president biden. both in the polls and within the white house. report from "washington post" yesterday revealed president biden sees poll numbers as unacceptably low and apparently grown frustrated and upset his numbers have not been turning around and looks like they won't any time soon. new poll from monmouth shows president's approval rating down to staggering 34%, new record low for that poll. new record low for america. things look so bleak even vice

president kamala harris is polling above biden. pon one point higher at 35%. axios says president biden reluctance to acknowledge his own age. aides say he is energetic for his age, but repeated insistence that he feels young can get eye rolls and he doesn't seem how old he can come across. candidate nikki haley is seizing on concerns in new campaign ad calling for new generation of leaders. watch. >> i'll just say it, biden is too old and congress is the most exclusive nursing home in america. washington keeps failing because politicians from justice can't lead into tomorrow. >> emily: she makes a great

point. great concept. do you feel her biden is too old will work or do you feel it maybe should have focused on his competence, about how he performs, not necessarily a number. >> joey: i think blaming the way he trips and falls like a guy with no legs does, when we blame that on age, we are being kind. you gracefully age and get older and life runs out for you what is verse here? he does this because of medical condition or because he is not with it. to blame it on age is probably something they should run with and say, he's got a long track record and decades of experience. nikki haley has to use age, that is the line she's drawing with president trump when she wants his supporters to support her.

she has done it from the beginning, if you want to beat biden, ukraine, afghanistan, israel, antisemitism on the rise, border open, i have a list, i don't need it, interest rates higher than they have been in my life. nuanced policy wins does not affect americans. they can brag on this and that, americans feel the country is in a worse place, whether factually true or not, that is how they feel. i live in georgia and socialize in texas, people feel that way, not just his age, it is policy, too. >> emily: i live in new york city and i'm a regular american. my life is regular, too. >> joey: i didn't mean that in a negative way. >> emily: it does not matter necessarily stats you can throw, it matters how people feel and

people feel disheartened and there are concerning issues and fact biden refuses to acknowledge axios calls him energetic, we know that is a lie. the way americans feel, do you think that is a winning sentiment? americans feel that, too. >> marie: job of campaigns is to get out and make the campaign. a lot of us feel like there is good economic jobs. many jobs in ohio booming right now because of policy biden administration put into place. they have to get out and make the case. god bless nikki haley, she is not running against joe biden right now, she tip toes around with donald trump, she has not said it starkly. she will not be the republican nominee if i had to put my life

savings on it. donald trump is. donald trump ask not young and facing dozens of criminal indictment charges right now. elections are choices, joe biden is not a spring chicken, does he have a record if he makes case to americans, they will pick him over return to donald trump and all misogyny and racism he is spewing on the campaign trail? as democrats, i will take that bet any day of the week. >> emily: interesting, a lot of americans have to have two jobs or three, prices are so high. every corner you hear a good statistic, there is pain and frustration americans continue to feel that blanket that. >> tammy: as incumbent, he should not have to make the case. his results are our daily lives, what we see and feel when we wake up in the morning, when we think about what is for breakfast versus how much gas is

in the car fchl it is safe for my kids to walk to school. not to see a hamas guy in new york. there are things, your daily life is the nature of the result of a presidency and people felt that with donald trump absolutely on day-to-day basis and feeling it with joe biden. i would argue, i am very against, emily, notion of pointing toigea. younger democrat would be better than joe biden right now? it is same approximatelies, maybe wrapped differently. that is mistake also, age is not the problem. that does bring experience and important like knowing who sandra day o'connor is and why she was important. >> harris: i would put it this way. would a younger joe biden have the same policies? if answer is yes, him telling us

to watch and he's falling down and doing other things, that is unfortunate additive to the process, he remains the same person. track record on crime and foreign policy, i don't think you arrive at a different place. i said to mark penn, can you take the keys and drive for him, not because he is old, he is broken. no matter where he is or what he is doing, his team may be saying to emthis, other donors may be telling his team, we need more energy. he said to watch him and he's not showing us energy. what does he have to bring and why go to milwaukee, wisconsin tomorrow to talk about busted bidenomics? >> emily: such a great question and many more questions to come. coming up, looks like hunter is not the only biden with tax

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your $19 monthly gift helps us boldly advance freedom in our generation and for generations to come. call now or go online to standwithadf.org and help defend freedom today. >> harris: hunter biden first court date in california is set. he will be arraigned on nine counts on january 11 in los angeles. it turns out hunter is not only presidential child with tax trouble. didn't know that was contagious. newly obtained tax lien documents by fox news shows ashley biden owes $5000 in income taxes dating back to 2015. here is a quote, it is beyond disturbing to note she feels like the law does not apply to

her, just like hunter. she could likely take 5 grand out of what amounts to biden inc. petty cash drawer. it is her belief laws are for little people, she is biden and doesn't have to pay what she owes. tammy bruce, you have a different quote. >> tammy: other people or countries pay things for the bidens. i was wondering why china didn't just pay it. it is like $500. some people need to pay in payments, that is not the issue. this is for years her state taxes. i wonder about federal taxes. state had to put a lien on her. there is lackadaisical attitude about paying taxes and having

responsibility. yeah, it is a shame. a shame. >> harris: marie, how does this go on for so long? >> i would love to see his other k kid's taxes and donald trump's taxes. tax problems happen all the time, irs is not known for efficiency, we should see everyone's taxes and you should agree with that. >> harris: do you think 80,000 agents will help with that? >> marie: there are a lot of -- jen psaki. i had a different take that i want to say quickly i have not said on air before, when i saw him there, i am glad he is trying to defend himself and

talk about his own story, the media has been painting a story who he is and when he said there are some trying to weaponize my father's love for me during a difficult time in my life, i actually think that there are democrats who think he shouldn't do that, he needs to say, i will testify before congress and publicly, i will sit in front of the american people, i thought it was good for him to defend himself. >> harris: okay, that is your take, don't blame the media painting it. >> marie: republicans in congress. >> there is laptop from hell that allowed hunter to paint hunter biden for the rest of us. the idea he is a victim is insane to me, to the very least he's a man that made terrible decisions and had every excuse not to. the irs tax thing, i don't want people to pay more taxes than

she has to. it is not her taxes that matter, we know about her taxes because everyone in her family is being investigated on selling our country out. talk about impeachment and how that is a bad word because democrats use it so frivolously. what know ares in congress have to do better job of explaining justice department failed in its mission and charter and this is an investigative tool to get answers and we as american people, not just republicans, republicans, democrats, independents want to know if the current president has done things to sell our country out, we deserve to know that. >> emily: i agree wholeheartedly, for a president who nonstop hammers how everyone should pay their fair share, he loves to label the wealthy and

privileged and corporations, this is a constant tune he keeps plucking and this is apparently a family that did not instill same values in their own children as written in indictment hunter spent millions on lavish lifestyle, everything but paying your taxes and ashley thinks she can get away without paying her taxes. think about those who tithe to their church and feel what it is like to pay for groceries and pay taxes. it is a tithe, they are inefficient and this government is worthless for taxes we pay. for some reason, that last name provides for them some seeming cushion that puts them above all of us. americans pay their taxes, i guess the bidens don't. >> harris: coming up, president

biden's backers are concerned he's let the border get out of control. did they just wake these people up and they realize that? texas stepped up because it has to, to curve the crisis for the federal government, it has to do the federal government's job it refuses to do. (dogs barking) - hey, we're here to get you. (whimpering) - it's okay. - don't be scared.

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in eagle pass, one border patrol agent called it the worst day we have seen. the southern border saw 12,000 cross yesterday. now texas is taking action. governor abbott signed senate bill four that allows law enforcement to arrest people that cross illegally. in a new fox news poll, 34% called the border crisis an emergency, 45% say it is a major problem. just 33% approve of president biden's handling of the crisis. 63% disapprove, raising rightly held concerns with the impact on biden's reelection campaign. joey, you have been saying for quite sometime, every state is a border state, do you think the biden campaign will see that? >> joey: i grew up in a border

town in georgia. i just spoke with a good friend who spent 12 of last 18 days in texas, a police chief. people think these are migrants coming to work, they are not, they are from all over the world, coming with criminal records and nefarious intent. even if it were just 10% of those people, that is significant. it is a win-win either way, it is a win for abbott if biden administration doesn't question this. or it is a win if biden campaign challenges it, then republicans can sell for the next year that biden puts more effort into protecting those that disobey our laws than those susceptible

to our laws. >> emily: there are those that bear the brunt of this siege. you spoke with art last hour, listen to that and get your thought. >> he is doing what others are not doing with this administration and that is part of the problem. it is not just in texas, it is happening throughout the southwest border. i don't know anymore, every single day it is worse than the day before. it is chaotic throughout the whole border. i get asked, is the border broken? i ask back, what border are you talking about, i do not see a border anymore. >> harris: national border council represents people and they say they are outnumbered. in eagle pass for every 200

illegals, you have one border agent, put that in a bucket, i will talk about safety issues. for the country, we don't know who is trying to come through and then there are gotaways going around the checkpoints and there are a million of them. i am worried about agents, i want them to have what they need, we need military at the border now. the president may not be strong enough, may not have the fortitude it would take to put some stopgap in this pro-israel. you don't need congress to give us time and to stem this tide, trump didn't need congress to do that, would love to have it, he wanted to get something done. republicans were not on board with that. we have to go forward now this is a bad situation for the country and by the way, he is right and you are right, too, we

just need a win for all the politics, the country needs a win in this. >> emily: tammy, talk about impact of senate bill four. some kwiped, rightly so, build bigger prisons, reality is with thinned ranks, they are not equipped to process or put in jail all of these people. is this about optics? will this work? what will work? >> tammy: it could be an attempt to get to the supreme court in 2012, scotus overturned parts of the bill. federal law takes precedence, so interesting to see what abbott's intentions are, it is federal law, which congress can change. these are things we are looking to have happen and also part of the bill is about building the wall. they know it will be challenge,

especially because of the scotus decision in '12 about arizona. >> emily: the biden campaign co-chair, escobar was talking about the border and said we have failed over and over again, i worry democrats will get blamed because the president is in the white house, i hope not. >> tammy: just so happens to be there. >> emily: the policies are yours. >> marie: the biden team fully realizes this is a security issue, border and political issue. tammy, to your point about governor abbott's goal, you hit it on the head, he wants to be a senator or run for president. congress has a role, we have a democrat, republican and independent in washington working to get a deal on immigration we can't get ukraine or israel funding because we

can't get funding, republicans are holding that hostage. >> harris: you have a problem with that? uphold somebody else's border before ours? >> marie: no, political football in our country. let me finish here. i want israel to get funding now, i want ukraine to get funding now. >> harris: i want the border to get the funding now. >> marie: most ineffective, lazy congress that has gotten nothing done except take their speaker out of power, start impeachment with no evident and can't get israel funding because they are fighting over the border on a bill that will never be signed into law. senate can do something -- >> harris: you simplify it so month, there were months when we did not get allocation of money going to ukraine. if this president had given what

ukraine needed at the beginning, we would not be talking about this issue. >> marie: republicans are saying ukraine is not worth fighting for anymore. >> harris: i am just harris faulkner, we needed to do more early. where is cash going and let's look at it, what is wrong with it. why not our border first. >> emily: 67% of americans agree, they want funding for the border. things got heated when anti-israel protesters confronted alec baldwin just last night, we'll show you that screaming match next.

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people. their chief will give us a report at the top of the hour. >> harris: anti-israel protesters gathered in new york city last night calling out hollywood actor alec baldwin after he walked past them. baldwin was not having any of it. >> you work for hollywood, do you condemn israel? >> you have your mind made up, right? i'm in hollywood. >> is that your answer? >> you ask stupid questions. >> harris: tammy? >> tammy: i don't know, i think a lot of people have been -- alec baldwin has a temper and maybe people trying to provoke someone who has a temper or to get attention, it is horrible. it is not normal, i consider this a hate crime targeting jews

throughout new york and the world. here in new york, that is what we have going through the streets, shame on us, shame on adams the mayor and shame on new york city and new york state. >> joey: i read the question, do you support israel or palestine. is that a stupid question is this we have protest and ivy league universities can't figure it out, i think alec baldwin spent so much time on "snl" he is living a skit. >> emily: i look at cops around him and i wonder if he had been wearing a yamaka if he would have continued and there is abject fear among the jewish population in this tea and

crowds like that disgust me and that interchange, he will always be hot tempered, i pray for every jewish person trying to get home to their families and fear the worst can happen. >> marie: not just new york, we have seen threats called in and hate crimes happening in many places, antisemitism is on the rise. the people in government and ngo's and advocacy groups and people committing to this, the fact second gentleman has tried to draw attention to this, i think that part of what is happening right now, one lesson we need to take from it as we figure out how to deal with gaza and hamas is antisemitism in this country and around the world and i'm grateful there are organizations and people dedicated to it, it is something

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>> harris: last but not least, a fascinating display of nature. look at this video, a volcano that finally went off in iceland after many, many earthquakes. last night's eruption was larger than what scientists predicted and they are not sure how long it's going to last. good news in all of this, people have not been yet in harm's way. that's a blessing. >> joey: yeah, things like this, especially this time of year and the holiday season with christmas and hanukkah and other holidays that people celebrate, reminder that, i don't mean it in a disparaging way, but how insignificant we can be in the world. we are just one species of animal walking on it. we talk about climate change and how important we are as people. at the end of the day, the world

is bigger than us. >> yeah, i was just telling emily on the break when i was in hawaii in january, one of the much smaller eruption than this volcano, but the size of it, it makes you feel very small. >> emily: mount etna was just erupting in sicily the other week. >> joey: and you are sicilian. >> reminder something much bigger than us is always at play and thank goodness with the earthquakes that led up to this that people evacuated. wonder of planet earth and reminder we are not necessarily the boss. >> harris: i mentioned earlier people did not need to be evacuated after this happened, that they had -- it's always, always safer. all right. we are this big, and the lord has us all. thank goodness. "america reports" now. >> mr. president, wh