ballot. colorado's highest court, the state supreme court has disqualified donald trump from the state's ballot in 2024, deciding the former president's actions on january 6, 2021, made him ineligible to hold office again. insurrectionists holding office. donald trump is vowing to fight back and we'll get into it. this is "outnumbered." i'm harris faulkner here with my co-host emily compagno, president of ka consulting and former senior counselor to president trump kellyanne conway. former n.f.l. sideline reporter and host of michele tafoya podcast, michele tafoya, and author of "world unite" and

inland /* ian prior is here. very first time section three the 14th amendment has been used to disqualify a presidential candidate. the ruling actually went along party lines. 4-3, four democrats voted for it. however, colorado secretary of state thinks they made the right call. >> the colorado supreme court confirmed that the district court got it right. he did engage in insurrection. the 14th amendment has to apply, if not, it is get out of jail free card. >> harris: former president trump is looking to appeal colorado's ruling to the united states supreme court. he will take it higher, if he can. a case which almost certainly

would decide. there are pending lawsuiting which would bar trump from the ballot. the former president reacted to last night's news during a campaign stop in iowa. >> they want to silence me because i will never let them silence you and they are not after me, they are after you, i just happen to be standing in their way. >> harris: he did not talk about the colorado case. gw u law professor jonathan turley thinks this decision did great damage to the colorado high court. >> jonathan: i think the opinion is really chilling and i think the supreme court will make fast work of thiss theory, i hope it does, it damaged its own integrity with this opinion. this is time we need democracy, we need to allow voters to vote.

this is hands-down most undemocratic opinion i've seen in my lifetime. >> harris: jonathan turley called this very dangerous. >> it is and probably election interference. viewers should know so many claims have been withdrawn or dismissed, everyone is trying to do this because they don't know how to beat donald trump fairly and squarely. people have handled trump all wrong. if you want to deprive someone of oxygen, ignore them. they are obsessed with him and spent no time learning voters. i would have done the reverse, figure out why people voted for him, it is higher number now, base plus. joe biden does not have his base, mines-minus base. his voters and other voters

don't look like they will vote for him and will. more union households, more independents and self-identified. they can write him in. this is not last we'll hear. jonathan turley, my law professor many years ago, he said it is chilling and this nation is like a powder cake and colorado supreme court just lit a match. last point, read 14th amendment, the section they are referring to say nothing of the fact he has not convicted with of insurrection, never charged. last five words say, give comfort to enemies thereof, meaning united states of america. you can interpret that to mean anything. joe biden gave pillions to iran.

this is conclusion in search of evidence. if you read their opinion, it is halting to me and unconvincing, i love the decent, one dissented and said this does not support anything you just did. >> harris: this went along parties lines. >> emily: a step further, we are having court decide what the people should, proponents of the presidency being excluded from section three said no way framers would intend one office meant here is how you are excommunicated. they were dedicated to the power of the people and advocates that say section three is for the presidency, bigger point is

whether the presidency falls under this clause and cite scattered sources. they say there is no way. they say it should be read to of coer as many positions as possible. end of the day, democracy can for nyu suggest everyone reads this -- the nyu journal of law and liberty josh and seth tillman wrote an article about why the presidency does not fall under this. they say exactly the point i made, because power of the people should rest in their hands and the entire time the presidency was not an officer of the united states. they go one by one through advocates and otherwise,

scattered sources and only recently did people shove the p presidency into what box. it is not about the court and congress, it is about the people. it is up to the court to write this decision and restore power back to the people. they can do what they want, but presidency does nothe apply under section three. >> harris: the problem leo terrell told me, if donald trump is now going to appeal, they before the u.s. supreme court would make a ruling on this per colorado, they have to overturn or block, what will they do with the decision, the other states can jump in except two in appeal process. leo had interesting things to say and i want your response when we come out. last hour i spoke with leo terrell about how this helps

politically trump. those justices voted along party lines. watch. >> leo: there are people who don't like president trump, but this rule of law is being questioned and trump haters are now supporting trump on the issue he deserves to be on the ballot and face voters, not four judges. this is our problem, our legal system is being tested and the supreme court has to rule 9-0. those lawyers and judges know what is right and 9 had of very is only ruling they can come up with. >> harris: your thoughts. >> ian: i think what president trump said, they are coming after me, but they are coming after you, i am just in the way. what colorado supreme court has done, taken colorado off the board for people that would support trump. is trump going to win colorado,

probably not, but if it were to come down to needing this state in order to win, you disepifranchise everybody else in the country and that is not for the colorado supreme court to do. >> harris: the problem for the white house, michele, he calls on president biden and kamala harris to sit up straight and speak out against this. you don't want it to go this way. it will be used against the other side next time. it takes power out of our hands as voters. >> michele: my thought, colorado is trying to make news, their supreme court wants to make history, they want to say they stood up and not have trump on the ballot.

they have to know the supreme court is going to overturn this. >> that is questionable. >> harris: i can never decide that for anybody, they have to show if they are stupid or not. this will be overturned easily, talk about four judges who voted in favor of this, they are from p penn, harvard, yale law school and virginia. the three who didn't vote were from i think denver, university of denver. another reflection on ivy league mentality of judicial activism and that is what i feel this is. >> harris: emily liked that one, too. both sides of the political aisle offering first reaction to colorado unprecedented ruling, we'll get into that part of the

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>> emily: we're getting new reaction to colorado's unprecedented decision to disqualify donald trump from the ballot. nikki haley claims the rules takes power away from american voters. watch. >> i will beat him fair and square, we don't need judges to make these decisions, we need voters to make the decisions. >> emily: other gop candidates weighing in, ron desantis calling on u.s. supreme court to reverse the decision and vivek ramaswamy pledged to withdraw his name from the state's primary ballot. liberal media appear to take a

victory lap. watch. >> biden giving his first reaction moments ago, listen to what the president of the united states had to say. >> mr. president, your reaction to the colorado ruling on the ballot? >> i will not comment on a court case. that is up to the court, that's all i have to say. >> is he an inrectorionist, sir? >> i think certainly self-evident, you saw it all, whether the 14th amendment applies, let the court make that decision. he supported insurrection, no question about it, none, zero. he seems to be doubling down on

everything. >> emily: seems he is doubling down, too. parse out what he said, he said no question that former president trump was an insurrectionist, the phrasing asked. he said let the court decide whether the 14th amendment applies. >> kellyanne: he will have to eat and swallow perhaps 9-0 unanimous decision by the supreme court, they will not set that precedence. pray for these justices, they will be under attack again. i worry for their safety. they find their ways to homes, schools, places of work and

worship, he should talk about that. he should say zero doubt that the supreme court justices have a right to live peaceably and remain secure whchl he says no question he was an insurrectionist and adam schiff in california said, being held to account for inciting resurrection finally. that is not decided in any court of law or led to charges for president trump or he's been convicted. it is in doubt. i think democrats wake up every morning and look at the ca calendar, the date never changes, january 6, then they get in an electric vehicle and go have an abortion. that is what i say. it is always january 6. something from polling, democracy emerson poll was

number two, after economy and inflation and democrats think they own the issue, threats to democracy. they don't own it, people are tired of being censored and shadow banned and put up by the government and calling inflation reduction act, which is no such thing. threats to democracy will increase as focal point for republican and center right independent voters. >> emily: harris, so much there. if you were like me or many americans, i got a text yesterday that said one down and 49 to go. i didn't reply, that reflects jubilation being revealed in media, amongst the president and others who are celebrating this decision that many argue is legally rogue, as well as a lot of rogue things. what say you about the joy that seems to be putting forth by

many about this decision against the landscape of many who feel their vote is being displaced? >> harris: i would be joyful, too, if i had no chance to win. if my candidate said, this is an open case, i can't talk about it and walks over to make sure he's heard in front of a whole bank of microphones and call the former president an insurrectionist, we should question his acuity and separate it from 81, i know 100 year olds who have it together more than president biden does. he handed them another gift on the right, should they take it? you have establishment president that decided a case for which former president trump has not

been charged. he has not been charged in the january 6 allegations, see how it shakes out. directly answering how do they feel, are they jubilent? of course they are. if the courts are on their side, the president will appeal, leo terrell said do it now right away, right now lower courts are doing work of far left liberals and looking at the map and seeing it get bigger of other states trying to keep trump off the ballot. they want anybody but biden. >> emily: how do we reconcile the left calling trump biggest threat to democracy and it seems this decision and more as jonathan turley says are

strikingly antidemocratic. ike >> ian: "washington post" should change to democracy dies in denver, that is what is happening here. when the court comes to a decision, you support the court, when the court comes to a decision you don't like, like dobbs or harvard case, they are the threat to democracy, it shows exactly what they are, it is not about principles or institutions, it is about power. >> michele: this was predictable from rachel maddow. adam schiff, from the extremes who think this is the end of donald trump. rachel maddow has to know the supreme court will overturn this. if they don't, we are all

screwed, but they will. to say this gives every state the opportunity to bring the same case, it is ginning up, they claim democracy is on the ballot and at stake. this ain't democracy when you have appointed judges telling colorado who they can and cannot vote for. >> emily: eric trump weighed in and said something to the effect, this will raise trump's polling by five points. >> harris: doesn't it always. that is true. you said something i want to speak to. have faith in america that people are not going to take it to extreme. for people who are going to watch this, if it makes it to the u.s. supreme court, i pray for the country and we're capable of letting it play out, all of us. >> emily: more to come, including this, vice president

kamala harris calling extreme for efforts to secure southern border even arch a new record for border crossers was set this week. stay with us.

>> emily: you are looking right now at the growing crisis at the southern border. cbps 200,000 have been encountered at the border so far this month. calling for reinforcement to the bureau of prison. they are processing never before seen numbers of border crosser. "new york post," surrender issue biden does nothing as record number illegally cross border. vp harris is speaking out by

bashing republican efforts to secure the border, watch. >> let's have robust discussion on immigration, don't hold the issue hostage. we have offered a plan. so i think that it is very unfortunate, but more than unfortunate, it will have real consequence for folks to play these kind of games with who we are as america in terms of our role of global leadership, it will have consequence. >> emily: behind the word salad and robotic halting, only message i received, she is blaming republicans for her and this administration's continued failure. >> i wake up in the middle of the night and think about what

worries me. number one thing is right there, not because i'm xenophobic, my dad came from immigration, that is not what it is. that picture makes me angry and says to me that our president, joe biden, doesn't give a damn about our safety. there are people who are on listed, the terror watch list. thank you. >> harris: from countries of interest. >> michele: we know they are hiding behind virtue signal of reaching out to people in need. this is a peak, we're at a moment, this administration issue president and vice president have shown they are allowing drug cartels to rule the southern border, run it, wear out our cbp and space. we are running out of sources.

tax-paying americans who want to go to sleep at night have to think twice because of what they are seeing, it drives me insane. >> emily: ian, the most disingenuous part of this, this administration says they view every human deserving of so much, but this compassion is cruel. how can they look at that footage and rape and violence and 31st and hunger and the like and think their policies are helping these people? >> ian: that footage only tells part of the story, 13 days, we'll be watching rose bowl and sugar bowl, college football championship. take both stadiums full of people and put them at the border and add 40,000 more, that is what is at the border. think about that, kamala harris,

giving word salad that tells us nothing thchl is a problem. to republicans, what about john fetterman saying this is a problem and democratic mayors saying this is a problem. you are destroying cities. blame republicans if you want, ms. harris, talk about democrats saying something needs to be done here. >> harris: not just democrats, you mentioned cuellar. democrat in texas, it got so bad, that kyrsten sinema is no longer democrat, she is an independent. she says the federal government is letting them down, i'm paraphrasing and she is at the border. when i look at this, i don't see a president that has given up or surrendered, i see a president

who is retired on the job and somebody else is listening to him say, i want to be the one who let them come in. let them eat cake and we'll make everybody happy on the left. it is dangerous for this country, a large number of afghanistan citizens came through, bill melugin reported that last hour, that is a country of interest and takes extra vetting. bill tried to communicate with them and they all speak different languages. you better have a linguist, you can't vet people extra if they can't communicate with you. >> emily: pinpoint that, director of the fbi testified single greatest threat were terror inspired by the tragedy

of october 7 when hamas attacked israel. how does our border play in when it is open and breaking records everyday. >> kellyanne: we don't know who is coming here. donald trump took this on in 2015 to international division, we know this is a main-stream issue. always a top five issue and you have independents declaring independence from both parties. it is economic issue, sovereignty issue, terror issue, security issue and quality of life affordability issue, too. kamala harris, as border czar, with some russian title, which in russian i guess means do nothing, has spent more time talking about border patrol and agents whipping migrants, which is a lie than she has about babies dying in the rio grande or terrorists coming through.

i like the split screen of what she says versus what you see. go with what you see any day. >> harris: she tries to confuse us with her words. >> kellyanne: she can't punctuate a sentence. >> emily: first biden did his first sit down with conan o'brian, we will discuss that next. skyrizi. ♪(uplifting music)♪ ♪nothing is everything♪ i'm celebrating my clearer skin... my way. with skyrizi, 3 out of 4 people achieved 90% clearer skin at 4 months. in another study, most people had 90% clearer skin, even at 5 years. and skyrizi is just 4 doses a year, after 2 starter doses.

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>> harris: president biden rarely does sit-down interviews, last one was two months ago. since israel's war has efk

escalated, the president, we have not seen him sit down much. he did not face a journalist, but sat down with conan o'brien on his podcast. >> if you stay connected to these things that embarrassed you when you were a kid, speech impediment, being awkward, my list goes on and on and ones having weird hair and a weird name. >> i would trade for your hair. >> it velcros off, i will mail this wig tomorrow. >> harris: i want that time back. [laughter] >> emily: yes. >> michele: i hear you, you just waste our time with discussion about hair. white house can spin this any way they want, this is putting

the president in position to use a charm offensive instead of tackling the real issues, everyone can see through it. we all know this man is incapable, not strong, not a leader, being led by puppeteers behind the scenes. >> harris: i know more about conan o'brien's weave, not the doctrine of the president's foreign policy. >> ian: limited time i've seen conan o'brien it is with dana carvy, he is good with impressions, which would be more entertaining than watching biden himself. >> kellyanne: biden had seven interviews one-on-one with a journalist this year, first, lester holt for super bowl and waited four months until june to do another one and sat down with news 12 in israel's journalist

before october 7, i believe, and got around to 60 minutes. he doesn't make himself available to the public much, that is risk they're take. he had nine press conferences and trump had 27. that is what we need, i like that i worked in the white house, we had democratization of information. everybody learned and received presidential communication at the same time. we need to get back to that. everybody's communication as we sit here, except the president of the united states and they are going where it is safe and cool, in addition to bad approval ratings, personal attributes are in the tank, as well. people don't think he has a plan. they don't particularly like joe biden, this will not help at all. >> emily: they don't care. no one cares about an interview between him and conan o'brien

and to your point, last actual interview with a journalist was two months ago fchl this president communicated with the american people, this would be funny, throw the cherry on top and have your comedian interviews, but when this is all we get, it is a slap in the face when israel's war is raging and people are having a hard time putting food on the table, this is what you made time for in your limited schedule when you are awake between 1 and 4:00. i find this not laughable. >> harris: he is not watching, it is not 1:00 before. 15 minutes before nap time according to emily. >> harris: coming up, a running back called for a football game with racially segregated teams. veteran homeowners, car payments are getting out of control. get a newday 100 va cash out loan

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>> president biden calls donald trump an insurrectionist, but will not say anything else about the colorado supreme court booting donald trump from the ballot. we have a lot to say about it ahead. charles payne reacts to biden's

attempt to sell bidenomics. 11 days left in the month and nearly 200,000 people have crossed southern border illegally. the white house has abloidated any responsibility. and the unnamed individuals in the hunter biden indictment, wait until you hear who they are. join us for "america reports," see you then. ♪ ♪ >> emily: former n.f.l. player is facing intense backlash online after calling for segregated black versus white football game. rashard mendenhall played in the n.f.l. six seasons and won a super bowl in 2009 with the

pittsburgh steelers. he says he is fed up with white guy media analysts and posted this on social media, i'm sick of average white guys commenting on football. you are not even good at football, replace the pro bowl with all black bowl instead against all white team. many slamming him and others reminding him about his key fumble which cost the steelers a super bowl. michele tafoya talk to us about this tweet and talk about the impact on sports. >> michele: one commenter said something important, maybe rashard mendenhall has cte, impact from a concussion, maybe we ought to pray for him. this was a ludicrous, ridiculous statement, as if we are not divided enough and football and

you know this, too, is a place you see friendships and teamwork across racial lines, across political lines, across religious lines. you see teams come together and see best friends form. pat mahomes and travis kelce. it is so well woven this has done a disservice and it is ridiculous. there is temptation to say what if we did have whites versus blacks, don't go there. some people have done it in a joking fashion, fine, it is painful to see that, it is unnecessary and counter productive. >> emily: i found this startling, i think was my response, in an industry and sport where there wasn't racial divide, to your point, it was a

really ugly startling moment. >> kellyanne: so unnecessary, we give him oxygen. complaining about sick of average white guys. i looked up his stats, speaking of average, it would be nice to say he was an average player. moving right along, we're a big football family. my 14 and 15-year-old daughters know every rule, every player, every commentator, big part of our sundays. i like the fact they are learning football and football represents commentators or teams, coaches now, we have a record number of black coaches and i like the fact football represents what we tell our children, treat everybody the same. then you have a public figure saying no, pull us apart and i think it is joe biden's fault, he was going to heal and unify

the country, he is dividing us by race, gender and age. >> emily: how black is black enough? i wonder, for this game, for this individual putting something so ugly out there. >> harris: is she looking for a job? is he trying to say there are not enough people of diversity they should hire him, who would hire somebody that put out a tweet like that. good luck with that. to divide the viewing public is not a good spot to be in. i don't know what team would want that, they are trying to sell tickets, that is not the representation you want. diversity is more than hair texture and skin color, it can be a whole host of things. look at his stats, get diverse with that and hire somebody

better than rashard mendenhall. so many opportunities for him to not have gone negative and hooked in race, which comes from a hurt place, not getting enough attention. >> ian: this is not the first crazy thing he tweeted, last year he tweeted, the fumble in the super bowl was not a fumble, he was separated from possession of the ball. last time i checked, that's a fumble. >> separated from a ball, pick or fumble. >> emily: resurrected raider arguments from reception that wasn't a reception. more "outnumbered" in just a second.

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>> harris: i could listen to it all day, and talk about chick-fil-a all day, too. it's famous for the delicious chicken sandwiches. what about the nuggets, come on, and for being closed on sundays. but proposed legislation in new york state could change that, at least at some rest stops. proposal would require all food services at rest areas to remain open seven days a week and describes the sunday closures as, a quote "unnecessary inconvenience to travelers." >> well, bless their heart. >> aren't there other stores around the chick-fil-a that are open? if they have the philosophy, they do, and everyone loves to attack chick-fil-a always, for being closed on sundays. if there are other restaurants in the rest area that are open, chick-fil-a has the right to be closed on sunday. period, the end. government should stay out of this. >> harris: you are in bergen county, we live in a blue county. try and get everything on a sunday. >> kellyanne: everything is closed. if they want to observe the

lord's day, they have a right to do it. separation of church and state, what is the undue harm you have to eat a burger and not chick-fil-a? the most ridiculous government overreach i've seen in a while and also i think the democratic party is increasingly hostile to religion, not even thinking straight, they are losing a lot of minority voters. >> go for it. we'll see that case in the supreme court very quickly. i mean -- i've never seen something that is so obviously ready for a challenge the minute it gets passed. its insane. >> emily: that's the whole point. you are using government tax dollars to force an establishment when there are other options available and you are going to balance inconvenience that outweighs religious freedom. stark no, but our tax dollars will defend the lawsuit. >> harris: buy it on saturday and heat it up on sunday. see you.

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