>> president biden appearing at the house hearing to consider holding him in contempt of congress for defying the subpoena last month. his political stunt is setting off fierce reaction. >> what is hunter biden so afraid of? you are here for a political stunt. a game you are playing with the american people. >> what do you think about the fact the chairman gave this witness the opportunity to come before the full committee and he agreed before that. we issued congressional subpoena and with your constitutional law background, you know what that means and he should have showed up and you should be holding this man in contempt of congress today right now. >> a stunning wednesday morning, hello, this is "outnumbered," i'm kayleigh mcenany.

here with my co-host harris faulkner and emily compagno and restoring america editor for washington examiner and senior fellow for independent women's forum kaylee mcgee white and fox news contributor raymond arroyo. laums debating whether to hold hunter in contempt after a shocking appearance. it has been called a publicity stunt. hunter arrived, his team grining and he got up and left as marjorie taylor greene was speaking. he was hit by reporters including our own hillary vaughn. >> mr. biden, why did you put your dad on speaker phone with your business partners if he had no involvement in your business? >> do you have a dad? does he call you? >> yes.

>> does he answer the phone? >> yes, why during business meetings if he had nothing to do with your business? >> you are very dangerous. >> anything you would like to say? >> kayleigh: asking hillary vaughn, do you have a father, do you talk to him on the phone? i have a father i talk to on the phone, my father never made it on meetings when i was at the white house or on fox news meetings. trump knows how to command a microphone. brilliant showing up in . very smart move making congress look like a circus. biden knew about the first ap appearance. >> raymond: democrats knew, they had comer's words inviting him. come to a private deposition and

then you can have a public hearing. that is what he said. it doesn't matter. i kept saying insurrection show he is on actual tour and now the opening of the hunter hearing show. new front on the theatrical front parade. it is distort public opinion and make hunter biden look like a victim and confuse the public. it does not matter. he is in violation of a subpoena and it requires him to come sit in a deposition, that is what he's required to do. shame on republicans for not being ready. should have been ready for this and i would have said swear the witness in and question him about violation of the subpoena. >> harris: why not do that michael singleton told me, formerly under trump. that is who he is. why not do that?

why not take hunter biden up on his offer to swear you in and let's get started now and take it to election day. that was interesting politically speaking. i don't know that serves the country, this did not serve the country. >> raymond: like trump, dance and be willing to improvise when things come at you and he does it well. >> kayleigh: hunter said i will testify publicly, congressional lawmakers say your subpoena says deposition. there was a bit of amnesia or intentional deception. here is jamie raskin today. >> on december 6, hunter biden's lawyer said he was willing to accept the request and appear on any date in december to answer any question relevant to subject

matter and raised concern about closed-door session. that brings us to today, mr. chairman. he materially in good faith complied with what your requests were. >> he complied with the subpoena. >> kayleigh: jamie raskin saying we work with people who want to testify. in 2022, steve bannon offered to testify publicly and here is your colleague of the j 6 committee. watch. this goes on for hour after hour after hour and you can't do that in a live format. >> would it be closed door w bannon? he could pontificate. >> witnesses come in and talk to the committee, if they take deposition, they are sworn under oaths, it is videotaped and recorded and then we take it from there. >> kayleigh: steve bannon held in contempt of congress.

he does not set terms, he has to have a sworn deposition. hunter biden, you get to pick. emily compagno we have bven highlighting the hypocrisy about the biden family and immunity they enjoy since minute one of this. this displayof hubris is display of that. hunter biden got to orchestrate the presser in the parking lot. he has command of the news media if he is subject of the headlines. he is the fool accidentally in the right place. today was a stunt and made him look pitiful and ridiculous. it would have been fantastic if they would have -- him.

to this important point, pres secretary had spoken to his son before that december 13th stunt. the purpose of today as jim jordan pointed out, ascertain that the deadline was today. did you flaunt the subpoena? did the president weigh in on you ignoring you describe why it was significant? today that is not the highlight and conclude by pointing out what hillary vaughn underscored. in that exchange, hunter biden did not deny his father was on speaker phone and in the calls. he said, do you have a dad, does he call you, that is insinuating his dad called him during the meetings and no denial that he put him on speaker during the meetings with other country's business. >> kayleigh: those are facts,

mike johnson, 22 times and 16 times biden lied about it. >> harris: what is important, that is why your lawyers tell you not to talk to the media coming out. nobody does it like donald trump. he is not donald trump. i have had several people reach out to me and i don't know the situation down the line, but so many cameras there people thought they spotted some that were there for his documentary he's been working on. what you can see is appetite for a lot of video with hunter biden. what i said last hour, this makes him look like clown side show he is. does that engender, you said sympathy, people don't care about hunter biden. they care about his dad, if he can be bribed because of hunter, that is why we care. if he becomes this, you can't

control him, now going to be in documentaries, does that make the president more victimized? does it make it look oh, feel bad for grandpa. he is out there acting like a fool, showing up at hearings. >> raymond: they are trying to confuse the argument and facts and they are doing a good job of it. when hillary vaughn gets more from hunter biden, we have a problem. >> kayleigh: well said. top question should be about this. we'll see. kaylee, president biden had thoughts about people who do not show for subpoenas, get your reaction? >> what is your reaction to people that defy subpoenas on the january 6 committee? >> i hope the committee holds them accountable. should they be prosecuted? >> yes.

>> kaylee: democrats's plan to vote to hold hunter biden in contempt. this was clearly coordinated effort and points to something larger in the democratic party and they look past constitutional damage they do and agenda do. the fact they would ignore a person ignoring congressional authority, what kind of p precedence does that set? it means witnesses will feel okay ignoring requests. they have undermined congress to protect joe biden and his son. think back to the democrats pushing for the end of filibuster for judicial appointment, what they are doing now trying to remove trump from

the 2024 ballot, each thing backfired. they don't care, they are just interested in the media. >> i have voted to -- are you holding your breath? >> raymond: it will not happen. they have proven that with the january 6 insurrection line. it will continue, this is just a new storyline. >> kayleigh: brilli pr move by hunter biden. we have learned details about defense secretary lloyd austin that the president did not even know about until just yesterday. w 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.

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>> emily: house armed services committee launched an investigation into lloyd austin secret hospitalization. the white house is revealing lloyd austin has prostate cancer. president biden did not know until yesterday morning, eight days after he was hospitalized. the medical procedure was to treat his cancer. many people have questions about the shocking revelation. peter doocy asked a few. >> peter: why should we believe anything the administration tells us about anything ever again. >> we all recognize and pentagon has been very honest with

themselves about the challenge to credibility by what has transpyred here and by what and how -- how hard it was to be fully transparent. if the administration keeps secrets to defense secretary's health, how can anybody be certain administration would not go to the same length to keep secret problems with president biden's health in the future? >> if you could logically argue and you can't -- >> engage -- >> wait a second. give me a second here, bub. i'll get there. if the administration made a mack villian effort across the board to keep this from getting public then your question has merit and certainly is a fair one. i don't think it is fair because

that is not what happened here. secretary of defense for whatever reason, i can't answer the question why, that information was not shared. >> emily: despite john kirby's best effort, it all fell flat. >> raymond: because it is not true. facts come out, we see we've been lawed to and lloyd austin launched operation nothing to see here. another story line in a series of them. most troubling thing is not only, he may be in violation of federal law for this. not only did he not notify the department and white house, fact his deputy chief of staff, deputy secretary of defense found out two days after authority was delegated to her and president biden finds out about his secretary of defense condition. that tells me lloyd austin is

not only person with a condition being withheld from the public. joe biden is out of it and he doesn't talk to his defense secretary with regularity as the world explodes. this is deeply concerning and touches on national security and is dereliction of duty. you have to have a secretary of defense in place when you have cold and hot spots boiling everywhere. disaster for the white house. >> emily: to the emperor's new clothes point, general pat ryder announced the secretary of defense is battling prostate cancer. can you still call that elective, sir. i'm not a medical professional. reminded me of justice brown jackson that said i cannot describe a woman.

>> kayleigh: total lack of clarity is on the messenger, white house and pentagon, inexcusable amid a dire fact pattern. happy to hear in the case of lloyd austin it was detected early and prognosis is excellent. here is john kirby yesterday, listen how the timeline changes. first biden knew friday, then thursday. >> the president has known for five days now that secretary austin was in the hospital and wasn't informed, why? >> he was not informed until last friday that secretary austin was in the hope. >> last week we learned jake sullivan found out about the fact secretary austin was hospitalized on thursday morning, are you saying president found out later than the nsc.

they informed the president thursday evening. >> kayleigh: great question, thursday evening, not friday, get your facts straight. >> emily: what i find troubling about john kirby's explanation, figure head of cabinets, there is a group, it is okay, we don't want decisions in hands of one set. the worry is not only that chain of succession was out of the country, sick, in the hospital, whatever, the president and no one else noticed. why is this such a big deal? >> white house had to come out with a statement saying they will make sure cabinet officials make sure they inform the president when they are incapacitated. wasn't that already the

procedure? they don't even bother to let him know when a top cabinet official undergoes the knife for a cancer treatment, that is a serious problem, the world is on fire and troops being attacked in middle east and defense secretary thought this was appropriate time. i understand not a lot he can do, but he did not think it was good for him to step down if he can't fulfill his responsibilities and biden is not going to fire austin over this? serious dereliction of duty and seems this administration is running on auto pilot. >> emily: i worry for co consequences of what this dearth of accountability occurred and there might be fatal consequences on their hands. >> harris: we worry that wor

sein vain and there are steps being taken not to describe to the media for the simple fact we deserve to know as american citizens, but for the fact it doesn't happen again and their backup plan works. this was widely reported and i'm sure the pentagon can confirm and lloyd austin was, he was told in early december they identified prostate cancer and doctors say elective because it is not an emergency procedure, but it is not optional. they think most of us and i'm not a doctor either, politico has an article on it today, about how they played with that word to make us think it was less severe. two things, when the second in command for lloyd austin was in puerto rico and told on january

1 he was going back to the hospital, so what happened? in an elective situation it became urgent? the whole country should have been told that the sec def is hospitalized and we were not and he had been in icu. is it elective, not optional situation that has him in the hospital now or as of yesterday afternoon, play games we are not told things contemporaneously. they are not really talking. is what has happened -- has what happened become more urgent emergency than the original they were treating and what is that now? by the way, since you are telling people details like chief of staff had the flu, i

didn't know we were supposed to know, can we know what is happening with secretary of defense now? can hicks take a call in 15 minutes? i need to be reminded we have several situations around the world. it is only an howry, i'll shut up. >> emily: you nailed it. our secretary of defense was undan steezia. >> allegations against the da prosecuting trump that could derail the entire case against the president. you do not want to miss this. here's great news. at newday we've been granted automatic authority by the va to make our own loan approval decisions. in fact, if you've had credit challenges and missed a payment along the way, you're more than five times more likely to get approved for the newday 100

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first and second notch, it's the only thing i've kept from before losing weight and i'm keeping this because i'm never going back. >> harris: new development in the former president trump's legal battle and case against him in georgia. fani willis, the district attorney hired a special

prosecutor. according to -- improper relationship with wade. those documents reveal willis and wade had two eight-hour meetings with white house officials during the investigation into donald trump ahead of willis's charges filed against trump. repeated denial by the white house it had coordination with the district attorney's prosecution. it comes out that way. we met, we did not coordinate anything. i don't remember that. >> raymond: eight hours, two visits. >> harris: good date. >> raymond: fani willis and nathan wade, napa valley and cruises together and she paid him $650,000.

>> harris: i know what romance looks like. >> raymond: fani willis was supposed to get fulton county prosecutions to look at this and she never did and did it on her own authority. she is charging trump with acetteering, this looks like racketeering and adultery. >> harris: it taints it. it doesn't mean we have facts, but we need to get them. >> emily: perfectly said and couple things to note, everything is baked in court filings and this motion talking about it. it references diverse proceedings of nathan wade, which is under seal. part of this motion, it is incorrectly under seal. hearing supposed to be held was never held. this divorce proceeding includes evidence and information that

would help clear up the nature of their relationship and exte public funds were used. it is sealed, you can't view it. it is allegations and let the analysis begin of validity of indictment against trump. you can't move that train without getting information about the love birds. >> harris: here is former president trump on fani willis. >> you had a big event yesterday in georgia, where the district attorney is totally compromised, the case has to be dropped. she is in more criminal liability than the people she's looking at. they pay a lawyer with no experience $700,000 who happens to be her lover or boyfriend and

they pay him so much because he was after me. >> kaylee: no explicit tie to fani willis and nathan willis. the problem regardless if they were having an affair, he was not qualified. one thing mentioned in this filing, he has not prosecuted a single felony case or rico case. this is supposed to make fani willis's career. why ignore his lack of qualification unless you were involved with him. >> emily: my cousin vine, parking ticket s to a murder charge? >> raymond: why testify if

something wasn't going on or she did not know something of his personal. >> kayleigh: she will respond in court documents. key point, "new york times" seemed unusual choice, he had little experience as a prosecutor, which choose him? >> harris: we will report them to you. students in new york city forced to go remote. back in lockdown on their devices to make room for illegal immi immigrants.

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are laying out the impact the border crossers have had. here is montana attorney general. watch. >> southern border presents difficult challenge. secretary mayorkas and biden administration have poured gasoline on this fire. conclusion is clear. secretary mayorkas violated his oath and i urge this body to impeach. >> emily: biden border crisis having major impact in communities across the country. including new york city. officials relocated 2000 illegal immigrants to a high school ahead of a potentially damaging storm. that forced these students to remote learning today. harris, you have been advocate for student mental health for years. this now after the budget shortfall and everything what do

we have to put children to for the sake of dismal governance. >> harris: what more do we do to make our children a priority, whether they have mental illness issues or not. we have learning loss and isolation and depression. talk about isolation of young people and we put them back in a situation that did not last long. there is no legal challenge to that today. without that, this is precedence and they can do this every time there is perceived emergency. this is kids getting ready to take the sat and apply for college. what does the school look like when they move back in?

>> emily: great point. >> harris: the learning loss like officials in new york have lost their own ability to language learn. they need ai, this did not work the first time, this cannot be your plan. illegal immigrants. he called these people our guests and we have to accommodate them. no, the children, the tax paying children should be going to that school and it enrages me. i've been to roosevelt hotel doing reports and visiting there. that is the migrant shelter. what i hear people say, my family was thrown out of the shelter to accommodate the

immigrants. they should get priority. >> kaylee: consider statistics of children 63% from econ economically disadvantaged kids, not rich kids with privileged background, they need their education. >> emily: this point i find crucial to understand. kids being thrown out of public school, there is dearth of use of federal space, we are hemorrhaging millions in mortgages and operational head of buildings on buildings that last year in july, government accountability says occupy no greater than 50%. social security administration occupies 9% of their building.

put them in the $7 billion of empty space throughout the country. common sense is not part of this. let's play what mayorkas had to say just a little bit ago. >> some have accused dhs of not enforcing our nation's laws. this could not be further from the truth. there is nothing i take more seriously than our responsibility to uphold the law. the majority of all migrants encountered at the southwest border have been removed, returned or expelled. >> kayleigh: that is mayorkas. you begin by showing images of him as potential impeachment hearings are considered on the hill. what did we begin with? hunter biden. i find it curious, politico has

plan of house gop leadership. keep investigating biden and let the right blow off steam. politically perilous than rushed biden impeachment. biden impeachment at top because hunter biden decided to throw up. is it three-dimensional chess. we began with hunter biden instead of border because hunter biden showed up. interesting. >> harris: breaking news. we knew earlier this week, former president donald trump had planned to deliver closing arguments at his civil fraud trial and now according to sources from associated press, a judge rescinded him to be able to give closing arguments at his own trial.

we don't have reaction or detail than that. just simply the idea of a former president giving his own closing argument, something you know trump was ready to do has been rescinded. we'll get a quick response. >> raymond: i was sure trump would throw this out, it would be the president testifying with no cross-examination, the judge probably said let attorneys do this. >> harris: fairness to who? >> raymond: the judge has to be impartial and you can't let somebody testify without questioning, after his lawyers did the closing. >> harris: i see. is this different or similar to somebody saying they want to

represent themselves in court in >> emily: it takes place at different time, reporting yourself is different timing than having closing argument yourself and i have to point out benefit to president trump no shortage of public awareness. let your attorney make that argument to speak within the confines of law and you give it in front of cameras outside. >> harris: which he will do. more "outnumbered" in a moment. e and our retirement. but we got there, thanks to our advisor and vanguard. now i see who all that hard work was for... it was always for you. seeing you carry on our legacy— i'm so proud. at vanguard, you're more than just an investor, you're an owner. setting up the future for the ones you love.

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>> full coverage of where the hunter biden case goes. is the case with donald trump and georgia on shaky ground. legal ins and outs. five days from the iowa caucus, donald trump way out in front but nikki haley making a move to pass ron desantis. how will this play out? all that plus white house briefing and avalanche of breaking news, around here we

call it wednesday. join us at the top of the hour. >> kayleigh: big wednesday indeed, front-runner, donald trump takes centerstage in a town hall on fox news. last name ron desantis took aim one night after nikki haley did just the same. >> rightly or wrongly chaos follows him. >> donald trump is running for his issues, nikki haley is running for hear donor issues, i'm running for your issues. >> kaylee: kaylee, tonight donald trump will respond. >> kaylee: he has to. desantis needs iowa and has had the best ground game out there, he's held 99 events compared to nikki haley's 51 and they knocked on three million doors

in the state. he needs iowa to prove he is m the race especially since haley is outpolling him. the contrast between desantis and haley is interesting. you see nikki haley rising, i believe it is because she has been able to make a distinction between herself and trump where desantis has not. desantis is competing for voters who are tired of politics and nikki haley managed to attract the establishment class who trump rails against. quite a few democrats support nikki haley. interesting to see how she is able to justify that. >> kayleigh: high point last night, he mentioned supporting women during pregnancy making

baby products tax free. >> raymond: he is articulate and smart, rick santorum won, neither became the republican nominee, that is likely what will happen here. the party has decided, the majority. donald trump is the one who can gather attention and encapsulate what they are feeling thachl is -- >> kayleigh: we spoke yesterday, cnn poll has nikki haley at 32 and chris christie at 12. she goes up, chris christie says i'm dropping out, i believe desantis support goes to trump. >> harris: iowa voters getting ready for a special sunday night. what some democrats are telling me is and you mentioned democrat support for nikki haley. it is a lot more independents

but under trump's team she was most popular on foreign policy. that issue might get some independents. i do not know if it will drive democrats, they will listen to her. she has pulled away from ron desantis and made definite differences between her and trump. i don't know if that sticks with a man with 52%. >> kayleigh: politico says it won't stick, trump has a lock on blue-collar workers. >> emily: that article was fascinating. along class lines and points out haley and desantis are fighting for slim majority of college grads. trump has support of 61% of

iowans and haley and ron desantis in the teens. the decision today is within the republican party, everyone with college degrees versus the rest. >> emily: more "outnumbered" in just a moment.

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>> harris: we have a lot going on today. house speaker mike johnson has just spoken with president biden urging him to use executive action to secure the border. the house speaker joins martha on "the story" at 3:00 p.m. eastern. meanwhile, we are just now moments away from the white house press briefing with press secretary karine jean-pierre, and nsc spokesman john kirby. you heard kayleigh saying the first questions ought to be about that show, that stunt with hunter biden and republicans needed to step up. 9:00 p.m. eastern along with donald trump, that's what's at 9:00 p.m. eastern, the town hall. now "america reports".