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>> emily: colorado supreme court has made historic and unprecedented decision to remove former president donald trump from the ballot. it appears deep blue california is making moves to potentially follow suit with lieutenant governor saying every legal option must be explored. hello, this is "outnumbered," i'm emily compagno. joining me today, co-host of the bottom line, dagen mcdowell. fox news contributor tammy bruce, former state department spokesperson morgan ortagus and retired nypd inspector, attorney and founder of ops desk.org, paul mauro. a potential trump challenge as do-or-die issue, writing in a

letter to secretary of state, i urge you to explore every legal option to remove former president donald trump from california's 2024 presidential primary ballot. this is a dire matter, she writes, that puts at stake the sanctity of our constitution and democracy. adding to the drama, california trump challenge may only be getting started, legal efforts to disqualify him is underway in a dozen states, pending decision in maine, could come tomorrow and michigan. in aftermath of colorado ruling the state's republican party is threatening to make a big change. we will withdraw from the primary as a party and convert to a pure caucus system if this is allowed to stand. paul mauro, so much to unpack. let's get your thoughts and

analysis on legal success or unsuccess of colorado's decision. >> paul: what strikes me, in california, they are saying we have to explore every legal option and every illegal option is on the table, right? this is almost certain to fail. what we need here is 9-0 decision out of scotus and anything less will be disappointment. we have one supreme court justice who can't define a woman, we may not get a 9-0. we need to reemphasize we are a nation of laws. this is resurfacing our law schools are hyper liberal. we hear about the ivy schools and harvard and undergrad. in graduate school, it is like you graduate to being ultra-woke and law schools are where this reside.

we are nation of laws and that is where power is. think about this, if this is going to be quid quo pro, it will wind up in court and the judicial system will be who decides our elections. think about this, consider the judges who made this decision here. the four judges who went the way they did. the lower court, which is democratic went against this and so did three democratic judges. do we want four people like this on either side, who are so dug in and hyper partisan they can conjure this. do we want them abrogating to themselves essentialingly judge, jury, legislature, everything, and decide our elections? not how it is set up, not what founding fathers wanted, we need 9-0 on this.

scotus, this is you. >> emily: that is a hard no for me, to answer your question. to get a quote from jonathan turley in a short video, he's talking about what you are saying. he is sure the decision in colorado will be considered by supreme court and imploring the justices to speak with one voice, watch. >> the real issue for the supreme court is far more fundamental and chilling. this country is the most successful and stable constitutional system in history. now after two centuries of that, what these four justices have done is to introduce a destabilizing element in that system. this may be the ultimate challenge for chief justice roberts. i don't have much question they will overturn this decision, they should do it unanimously, all nine and not divide on this, it is too important not to speak as one. >> emily: as clear as we see

this issue, tammy, do you predict it will be unanimous and common sense and power of the people will be restored? >> tammy: i think so and especially since the supreme court has been under fire. they have to show there is some kind of unity, every single one understands that and i believe so. i know they can do it, we have seen them do it before. if people wonder what is the supreme court, this is why it matters and it is intensely important and lifetime tenure is important. they camake decisions based on not being threatened or demonstrations. make a note here, this is important about the nature of the mistake, political mistake of this, that trump's ron desantis had been ahead when he

announced. trump surge came with the indictments and with the mar-a-lago raid. it is not because he is portraying himself as a victim, americans look at this as incorrect. you don't need to be in seminar in stan ford to understand this is not right. this is another wake-up call for the american people about what is going on in the country and why these elections matter and why trump is deemed the threat. we can see past this. supreme court will be helpful in making sure this moves forward properly. >> emily: we hear celebration and jubilance from the main-stream media and other news media that seem to not see any of this that we've been discussing. they celebrate this as victory. >> dagen: right and when georgia

passed its voting laws, they were crying it was the end of democracy, that is what you heard from the left. to paul's point about supreme court, i'm glad we'll get to see how all justices vote because when the left, democrats, senator sheldon whitehouse at the top of the pile of you know what, crying lack of legitimacy of the court when they don't get their way. now we get to see how activist democrat-appointed justices might be. they either care about america more than they dislike donald trump. period. we get to see, are they jurorists or activist, the judicial arm of left-wing democrats. so i'm excited we get to see this. one thing really quickly point

out lieutenant governor elaney, a constitutional scholar who wrote the letter to california secretary of state, here is what the original letter said. the constitution is clear, you must be 40 years old and not be insur insurrectionist. they had to revive it, 35, not 40, somebody give her a pocket constitution in her stocking for christmas. she wants to be the next governor of california in 26 an clearly be crowned queen of all left-wing morones because she is the idiot of idiots in that state. oh, my gosh. >> good statement. >> i just like dagen mcdowell carries a pocket constitution.

what did china, russia and iran want? they want to convince the world that democracy is not the good way. when you see people charging political opponents, trying to jail political opponents and that i can them off ballots, we sanction leaders who do that. look at madureo, we sanked him for doing the same thing. this is opposite of democracy, you are feeding into china, russia and iran's hand and making democracy look like a joke. >> emily: i said this yesterday, i got a text from someone close to me who punk rock his whole life, anarchist, not party affiliated. he said one down, 49 to go. someone i thought was most rebeluous and free-thinking citizen has been brainwashed

removing choice from all of us and california is following suit. it will be a rude awakening at the supreme court. >> dagen: he is thinking out of his ass. >> emily: texas governor abbott is continuing new flights for migrants. the crisis is reaching new levels we have never seen before. mission is to provide complete, balanced nutrition for strength and energy. yay - woo hoo! ensure, with 27 vitamins and minerals, nutrients for immune health. and ensure complete with 30 grams of protein. (♪) (♪) my plaque psoriasis was so bad... i couldn't get my hair done. my psoriasis was all over. then my joints started hurting, found out it was psoriatic arthritis. who knew they could be connected? for me, cosentyx works on both. 5 years and counting.

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>> dagen: a live look at the crisis unfolding at our southern border. law enforcement agents face a migration surge like we have never seen before. cbp shares new numbers with fox news. 200,000 migrant encounters since

december 1, that is 10,000 per day and agents have encountered 11,600 today. go to bill melugin. bill. >> bill: some of the biggest mass crossings i've seen have taken place here in lukeville, arizona the last couple weeks. this is a group of hundreds of adult men who crossed this morning and are waiting for border patrol processing. take a look at this, this is when they were crossing, a massive group of over 700 people who crossed through a breach in the border wall, mixture of adult men and families from both mexico and ecuador as this happens every single morning out here. some guys we talk to planning to go to new york city, chicago, minnesota and new jersey. we ran into one guy from guinea

who said he plans to go to philadelphia, but doesn't know why or where. take a listen. where are you from? >> where? >> guinea. >> where do you want to go to? >> philadelphia. >> why philadelphia? >> i don't know the place. the place. >> just an address in philadelphia to go to? okay. >> bill: that address is a community center in philadelphia. take a look at live drone images in eagle pass, texas, they are getting inundated. they had 10,000 illegal immigrants in just a few days, encounters folks from lebanon, amman and bangladesh. it is nonstop and you can see masses of migrants waiting for

border patrol processing in eagle pass and back out here live, we are averaging 10,000 migrant encounters here at the southern border and no sign it will slow down any time soon. >> dagen: bill melugin, thank you. in lukeville, arizona. paul, you dedicated your professional career to law enforcement. this is a nation overseen by somebody who will not enforce the laws of this nation and watching these people pour into the country begs the question what happens in terms of crime in the future. they have no idea who the people are. >> paul: right, you rely on the backward look. you get somebody, you are investigating a crime or crime scene and looking at a

particular perpetrator, you look at priors and where this person has been to see if they are dangerous. do they have a gun license? especially when terrorism talk comes out regarding the migrant crisis. you can't do that. we don't know if they have military training or where they are coming from. in the a block we were talking about the fact judges are giving themselves power they don't really have. we have a president who has decided he will not defend our border and that is part of his job. any other context he would be a human trafficker. >> dagen: there is focus on mayorkas impeaching mayorkas, even secondarily kamala harris as the border czar. they are there because they allow this. if they actually stepped into the fray to close the border in a small way, they would be benched by the people in the

white house. >> emily: that's right. same people in the white house have no idea what common sense or humanity look like have hamstrung the policies that were in place. in the largest ice detention facility in california, they have six detainees there. there is a huge one in tacoma, washington, 1300 beds there. throughout biden's administration, he's worked to reduce ice detention, according to those guys they are inhumane, i think that is inhumane. rape, robbery, murder, cartels, the terrible things, that is inhumane. keep in mind how badly your tax dollars are being wasted and how many human lives be being

destroyed. >> dagen: nothing makes my head want to explode like listening to karine jean-pierre talk about republicans dehumanizing illegal migrants. watching death and rape at the border for almost three years. morgan. >> morgan: it is frustrating to talk about, it feels like there is nothing we can do when we don't have power of the presidency, but republicans refuse to be jammed through and this is supplemental that has funding for taiwan, israel and ukraine. they said we will not get jammed and we will battle this out in the new year. there is an opportunity to force border lgsz and immigration changes. i think republicans should take this opportunity, if not, you can impeach mayorkas, what does that do? nothing, use supplemental. >> tammy: since biden took

office, 10 million illegal migrants have come through. terrorists on the terror watch list, 1586 from 20 to 23 apprehended and this year alone 736 apprehended. how many people did it take to do september 11? 19. this is what we have to be prepared of and why this is national security issue and serious problem and biden's policy made it possible. >> dagen: and they don't care. more bad news for harvard president claudine gay, the house expanding their investigation of the ivy league university as number of plagiarism accusations against her grows. call newday! while credit card rates can be 22% or more mortgage rates at newday

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>> tammy: more plagiarism

accusations again harvard president claudine gay. harvard received complaint outlining 40 incidents of plagiarism. there is a probe into the ivy league school to include these accusations and citing harvard's own honor code. mollie hemingway is just west of harvard. >> mollie: congress expands deep dive into accusations of plagiarism, spanning her academic work over quarter century and university handling of accusations, the student newspaper is highlighting reports that the president will submit three additional corrections to her 1993 phd dissertation which previously acknowledged gay would correct two articles following a few

instances of inadequate citation. virginia foxx is investigating the committee and sent a letter to the university yesterday, asking if the university holding faculty and academic leadership to same members of the other harvard community. the letter states students have suffered consequences including some for plagiarism and demand harvard hand over records of their independent review of ga gay's. standards are not applied consistently and notes federal funding is conditioned on adherence to the standard of recognized accreditor. they have been investigating harvard related to antisemitism in the wake of october 7 attacks by hamas.

tammy. >> tammy: thank you. morgan, this really is about, you see this and there is so much outrage. people make mistakes and you want to try to correct them. students have been expelled, there is a hard line for what you deliver or do not deliver. this is a double standard. >> morgan: it was pointed out on twitter or x, some people defending the president of harvard said maybe this criticism would be valid from other sectors and i'm paraphrasing, this is not valid because it is coming from the right. people are digging trenches on the party lines and i have to thank my good friend elise stefanik, congresswoman for her questioning of claudine gay, of harvard and the other universities. that has been viewed more than

any other congressional testimony in u.s. history. when you think it does not matter what congress does, elise stefanik and team have changed and you're seeing conviction and people being held accountable. i think tammy, people are getting into a partisan trench as opposed to looking at conduct and behavior. >> tammy: that is the thing we will try to make sure does not happen. look at elise stefanik, look at the three women of the presidents of the universities and there is elise stefanik and representative foxx showing what women can do. >> emily: that is right, refreshing change what it can look like. this is the slow drip where you peel back a layer and discover someone has done something wrong and they correct and say, fine. then there starts to become a pattern and unearthed is quite

large iceberg, monumental allegations for the same thing. what point will harvard say enough is enough and draw distinction, draw the line between how they treated students and continuing to prop her up. we see reality and truth, it is incumbent on harvard to look at themselves with same scrutiny. >> tammy: if they want to give the impression they are fair, we saw what happened with magill. in this case, it seems like maybe it will not happen. what is your take? >> dagen: harvard is circling the wagon around claudine gay at this point, but the money is not flowing in, if not leaving. report out today that the billionaire votnic, his family foundation has given 270

million, has paused donations. i know someone who has written harvard out of his will. this could be actually recruiting tool for harvard. i see people wearing harvard sweatshirts and i'm like, bles your heart. to convince parents to pay $300,000 plus to join a hate cult, they can say, you get to steal and stay now fchl she gets to plagiarize and stay, your kid gets to steal and stay. >> paul: all i want to say is this, i don't remember getting do-overs in school, something is going on. >> tammy: didn't get to change your paper. >> paul: didn't happen for me and i went to that school, went to grad school there and i don't like dropping the h bomb

anymore. >> tammy: on the virge of making great change across the country. residents in washington state and colorado are fuming over new democrat led efforts to appease ap ec predators into their communities. that is next. ♪ ♪

♪ ♪ >> dagen: colorado is now moving forward with its plan to reintroduce wolves into the forests of the rocky mountains. officials released five gray

wolves as part of their redestruction program. widely approved by democratic viewers, but ranchers say the wolves pose a major threat to livestock. the move is drawing comparison to biden's plan to reintroduce grizzly bears in washington state northern cascade that will release seven grizzly bears near rural communities in northern washington and residents are more concerned than excited. >> we are not willing to die by the hands of grizzly bears. -- [indiscernible] -- super smart, dumb when it comes to what is going on. >> we are the endangered species.

grashoppers, wolves and cougars and now bears, no, no more grizzlies. [applause] >> dagen: emily, you have lived and spent a lot of time in rural parts of washington state. wolves and grizzlies, yayor nay? >> emily: residents listen to their voices. i have a lot of memes going on between me and my washington friends for sure. their voices were drown out by vocal minority that had voting blocks in the ballot and it will make a big difference. i encourage everyone to read the point of view from the indigenous population and in alaska and all areas in

colorado, you will see what will occur and end of the day, it is a lot of tragedy. >> dagen: morgan, these wolves are being reintroduced because people in colorado voted in favor of it. people in the cities and suburbs who carry the vote. people on ranches and rural areas were opposed to this. residents shooting the wolves, you trap them and take them to denver and put them in front of somebody's house and see how they like it when it eats their dog. >> morgan: people making these rules watch too much "yellowstone," and go to bozeman and wear a cowboy hat and think they are a rancher and they are not. in washington state, where the federal government wants to

reintroduce the bears, listen to the ranchers and local communities, their pets and livestocks and people will get hunted by these apex predators. telling ranchers what to do, it is probably bad, take your yellowstone hat and go back home and watch a new episode and play rancher. >> dagen: paul just rolled his eyes. >> paul: we don't have many in the city. they have seen too much disney. if wolves weren'ts cute, none of this would happen, they are seduced by the way the wolves look. ranchers, hunters and people who are closer to the land understand this better than people cutting legislature in the cities. it is like the migrant issue, you have a small population that

votes and lay it out for everybody else and should bust into the city and see what it is like. i think we will probably get tragedies and then everybody will understand. >> dagen: wildlife agents will shoot and kill a wolf if it is preying on livestock. >> tammy: biden administration micro-managing, we have never had tazmanian devils in the area, maybe they will import them. we found the woolly mammouth, why not clone them, they are not at risk. that would be fun to see moving down the streets of saelgs. >> paul: downtown denver. >> emily: remember when i went hog hunting, feral hogs in

texas. libs were ripping me apart who had no idea what they were talking about. who will suffer is wolves and bears, i have compassion for them, too, you have to do it thoughtfully. >> dagen: if they cared about wildlife, they would not have windmills destroying deserts. thank you. coming up, to sit or not to sit, sparking discussion about refusing to sit on santa's lap, that is next.

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>> is this the courts usurping the will of voters? we have senator tom cotton, dan patrick and ari fleischer just ahead. where are the migrants who crossed the border this month going to go and what is joe biden doing about it? will biden get tough with houthi or continue to let them attack shipping?

and tomorrow is the day mccalisters left kevin at home, we have answers to all the questions you have been pondering for the last 33 years. join us at the top of the hour for "america reports." ♪ k-d rocking around the christmas tree. >> emily: parents take little ones to meet santa and children sit on santa's lap and get a picture. some are shy, some have a meltdown, santa in miami is sparking debate for his reaction to a three-year-old girl who refused to sit on his lap, take a look. >> this is her body and she's in control of her body, i asked if she wanted to sit on my lap. she said no.

i said, way to stand up for yourself, you can't let santa. tiktok is getting mixed reviews with some praising santa and others call it cringe. the little girl said it was incredible moment because the idea is antiquated and exchanging physical touch to get a present is a concept i want to move away from. her face. >> morgan: why did she take her to see santa in the first lace? >> tammy: just like, everybody relax and santa needs to zip it, this is a kid, she is not thinking about her body, she is tired and maybe she missed her nap. you are going to go to your

santa who has the same attitude. what else is antiquated is the wheel and it still is fabulous, just have some freaking fun, man. and santa, enough already. >> i think this mother wants attention and most stuff we see on social media, movement is about desperate housewives who need attention on social media, get over it, she's three. >> emily: you are great finding arguments on both sides, what would be your argument to support him doing this? >> paul: the real takeaway, i'm struggling, for me, the lesson for this kid, you can become famous on social media for doing absolutely nothing. i think we have a future

influencer there. wait until she's in school and one teacher tells her to be quiet and sit down, think about the lesson. i don't have to, i was told it was my body. she will probably end up at harvard, very cute kid, i hope she has a great christmas. i agree issue just lighten up and go see some strange fat guy and get into his lap, that could be -- >> tammy: he will come down your chimney. >> paul: it could be criminal, in any case. >> dagen: i'm with morgan, the mom knows the child does not want to get in santa's lap, it is clear what went on and the child stands there and you get this moment. you just be grateful you are not in pageants, that is the alternative. where are they? florida? >> california, as a florida

beauty queen, nothing wrong with pageants. >> dagen: growing up in the south, you are either on the tok being a three-year-old icon for feminism or you're going to be dressed up in a beauty pagents. >> paul: they'll be asking her about trump on the ballot. >> it was cringe worthy. >> emily: more "outnumbered" in just a moment. our future will demand more energy than ever. and with innovations in natural gas and oil, america can deliver. but washington keeps pushing extreme policies that limit america's energy. their plan? restrict oil and natural gas produced in america. government mandates for how we fuel our cars and cook our food.

a future where energy could be less reliable and more expensive. tell washington - stop the extreme policies and let american energy deliver.

>> ba-humbug.

♪♪ >> emily: last but not least, it's that time of year when many people will take part in secret santa exchanges with their co-workers. one man is vowing never to do it again. so $25 limit and he says he went all out with his present but he was massively let down with what he got in return. watch. >> not participating in secret santa at any workplace ever

again. last friday everybody is supposed to bring their gifts. i went out of my way, i put christmas lights on the bag, santa paper, i had all kind of stocking stuffers down in the bag, i put bills on the gift bag. the lady i got, i went over and beyond. i get my gift, y'all. she hands me my gift, i open it up, and this is what i have. >> emily: ooh, halloween leftovers, paul mauro, what say you. >> secret santa, like an x-ray in the office. you see relief what everybody thinks of each other. so i think this guy has even more bad news. forget the chocolate, he has an enemy in the office. somebody is going to shiv him. this is a tell on somebody else. you got trouble, watch your back. >> emily: morgan, what do you

about this? >> morgan: more blessed to give than to receive. good for him to put lights on the gift and hopefully he is blessed down the road. >> emily: the whole point in secret santa, it's a big gamble, so you put your best foot forward and if you get what you get, that says more about the giver, it's not about you, he is worth all the lights and shiny foil in the world, right. it's the co-worker that is worth the halloween candy. >> dagen: it's about the giver, how good am i going to look in front of my co-workers i put this beautiful box together. and assembled all of this. don't you want to work with me? again, just -- name the person who gave you that box of leftover canadian just totally shame her, shame her. >> or him. >> it's a life lesson. you have no idea what's going on

in someone else's life, about money or about time or about mental state or about worries, and so it's about being grateful and being happy that you are there in the first place. >> morgan: in biden's economy, this is all you can afford to give, leftover halloween candy. >> emily: have you ever experienced this? >> paul: i had a family member who did not give me something at all, a bit of an oversight and i'm over it, but i better get two. i'm not over it, actually. >> dagen: a member of steve forbes' family regifts, and regive things from other family members previous christmases. >> emily: we had a secret santa gift exchange with the team and everyone is amazing, like it was great. everything was awesome. thanks to everyone. don't forget to dvr the show when you can't watch live. now here is "america reports".