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texas governor greg abbott accusing white house having broke claiming president biden violated his oath. hello, this is "outnumbered," i'm emily compagno here with my co-host kayleigh mcenany and joining us today, co-host of bottom line on fox business, dagen mcdowell, former state department under obama marie harf and former white house secretary ari fleischer. the border standoff is escalating. governor abbott is bolstering the razor wire fence at the center of the dispute.

governors of seven states are backing abbott in this showdown with biden. the president is facing growing calls from democrats to federalize the texas national guard. abbott says he is not backing down. >> what texas is asserting article one section 10 right of self-defense because the president of the united states is not fulfilling his duty to enforce laws passed by congress to deny illegal entry into the united states. the biden administration has abduindicated and texas is securing the border. we put up the razor wire and barricades that have denied illegal entry. as you point out, there are criminals coming across the border. texas has a right as a state to stop criminals from coming into

our state, to make arrest of the criminals. the border issue is the primary issue in america right now thchl is an issue upon which joe biden gets grade of f and deserves to be fired. >> emily: the governor wrote this clearly, failure of the biden administration to fulfill the doout duties imposed reserves to the state the right of self-defense, for these reasons i've declared invasion to invoke texas constitutional authority to defend and protect itself. he says that authority is supreme law of the land and su supercedes federal statutes. it is texas versus the president. >> ari: the governor is right. think about why is it legal for

sanctuary cities to defy federal government and let illegal immigrants in and texas can't keep illegal immigrants out temperature is legal and moral, it is the right thing. if you come to america, as we want immigrants to do, as my mother did. i'm first-generation american. come here legally not illegally and good for governor abbott doing something about it, because joe biden won't. >> emily: texas has biden in a corner, what if texas doesn't comply, what will biden do? send in the military? force texas to actively open the border? there is a lot at stake. >> kayleigh: he has pressure from progressives, he will

probably let it play out in court. the governors are supporting texas, governor kemp and governor ron desantis put out a video and laid out constitutional law and says daniel horowitz brings up paper 46 allowing federal action. article one section 10 you point out power given to state when there is invasion and it is nothing less than that. for people saying, texas, you can't do this. what about president biden? he is executive branch, he must enforce laws of congress, nashlt act, the attorney general shall deport certain classes of illegal immigrants, he is ignoring laws of congress. go back and read the constitution, you are defying laws of congress. >> emily: this is governor landry and governor desantis, who are standing by abbotts,

this is their support. we support legal, not illegal immigration. we stand with governor abbott and texas reminding federal government under our constitution, states are still sovereign and we have the right to protect our citizens. >> if the constitution was originally be understood to mean a state could not protect itself against invasion and force an invasion issue the constitution would have never been ratified in the first place. this is nonsense what biden is doing. texas is standing their ground, it is not a texas issue, it is an american issue, if we don't have sovereignty, we will not be a country anymore. >> emily: in addition to voicing support and why it is sound, desantis says every state is a border state. fox news poll, 41% of merps say

it is the top issue. you can't call it immigration, it is larger bucket of secure national sovereignty and not playing out that way in biden's eyes. >> marie: it is the supreme court, the supreme court weighed in and ruled against texas in one issue he was trying to do. you can't decide when you like supreme court decisions and when you don't, democrats had to learn the hard way at times. the supreme court will weigh in. reporting that donald trump and allies are pressuring republicans in congress not to come to a compromise on the border and immigration. we know they are getting close. senators from both parties are working hard here. mcconnell told republican caucus they are in tough position, trump does not want biden to get a win on this by signing something, even though signing that piece of bipartisan

legislation would help with the border. >> kayleigh: hr 2 would fix it. >> marie: a lot of republicans believe, we have to compromise, they are close. donald trump is telling his allies not to vote for it so he can run on it in november, that is dereliction of duty. biden is ready to sign something if congress will send it to him. >> kayleigh: they had two years, he did nothing. >> ari: the votes were not there, that is why mcconnell said what he did. >> marie: we don't know yet. >> ari: not enough support for compromise. >> dagen: you frame said it like donald trump swined into the senate and is bullying mcconnell and that is horse manure. that is how it was written by media, i know myriad republicans in the house, nothing was going

to get past them in an election year and it is not with voters. first thing joe biden tried to do when he got into office was asylum bill to grant every illegal migrant asylum and give those who trump deported to let them return legally. and nancy pelosi, she is a smart politician, she wouldn't take it up, everybody listening needs to remember when karine jean-pierre and all the liars in the biden administration bring up the republicans fault. i want to highlight likes of greg kasar from the texas house, when they tell joe biden to federalize the texas national guard, yeah, please try to send the military to seize the border and ensure that illegal migrants continue to flow into this country. and to violate the very law that

joe biden is supposed to enforce. from sea to shining sea and in every town and city in this country, people are going to vote for any republican to make sure that this stops. >> emily: i have to insert this about the supreme court. the supreme court decision was regarding injunction while we wait. >> kayleigh: democrats controlled house, senate for two years and they did nothing, they took 89 executive actions to roll back trump decisions. >> dagen: it kicked it back to the fifth circuit, this will continue legally. >> emily: coming up, democrats in media are having a hard time touting biden policy wens, what is the campaign strategy? attack trump instead. so... - we're engaged! - we're engaged!

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>> kayleigh: president biden's campaign says full steam ahead after president donald trump fully consolidated the maga base, they are leaning hard into that rhetoric again. recent polls show trump dominating biden on immigration, foreign policy, inflation. democrats and liberal media won't be talking about policy, they will be saying crazy things like this. >> nothing is normal about this. at all. and you watched his speech last night, it was unhinged and what

i am obsessed with is stop treating him like he is a normal candidate. >> like trump, hitler was viewed as a clown, goon that could be kept in line. >> donald trump promised to terminate the constitution, said he would ban tv networks he did not like, said he was going to execute generals that were loyal to him for treason. which sounds like the french revolution, they accused everybody of treason and cut their heads off. then he talked about a couple weeks ago how he could kill his political opponents and be immune from it. you can't make a deal with the devil. >> kayleigh: ari, he's going to cut their head off and eliminate

rivals. this is crazy messaging that does not have general election appeal. >> ari: they left out he won't try to ban his opponent from being on the ballot. talk about crazy things donald trump does occasionally say. what do democrats do? they have gone to court to throw donald trump off ballot in california and maine and won't allow a democrat to run in north carolina or florida against joe biden and changed primary calendar to protect joe biden from a meaningful primary. who is the threat to democracy? it is the democrats time after time after time, not to mention risk of democracy for letting people in the southern border, including terrorists. i'm sick and tired of the rhetoric, i am more concerned with action and policy than rhetoric. >> kayleigh: msnbc won't let him

speak. you have joe scarborough saying he will kill opponents with seal team six. trump never said that, that was postulated by a judge. he never said that. >> emily: people holding that position will never stop. that rhetoric will never stop. i used to live in seattle, i've resigned myself to the fact that declarations will never stop. what should happen, there is rhetoric from the right, too. what needs to happen, for democrats and especially those who hold positions of influence and media and james carville is to ask why do trump voters feel the way they do? why? do they feel they are being listened to or priorities are being attended to and i think it would do everyone better instead of saying how can anyone follow this lunatic or making

statements that are just so absurd for only if they were true, of course, of course there would be consequence. underline this, this is where the surprise is going to happen for these people. they say my gosh, trump won again, how could that happen? they missed the entire point, everyone supporting him feel utterly ignored and rejected by everyone we heard on tv. >> kayleigh: marie, you will say these are television hosts, not biden campaign. fox news has a reminder, bringing top team from the white house, biden new campaign chair called republicans a bunch of bleepers and they are leaning in on maga language. they are demonizing half the country. >> marie: that is not fair intent, the biden team learned

to talk to swing voters, that is why they won the white house and did better in congress than many thought they would. they are going to talk about issues, consumers are spending more because they feel better about the economy, they are talking about women's healthcare for women to make choices with spouses and ministers and not im imposed by donald trump and republicans. there are warnings for trump campaign, 33% of voters in new hampshire who voted for him said they will not vote for him in a general election. those are people the biden team is looking at, continues of thousands of voters that decide the elections, they care about women's health and economy getting better and they care about donald trump's rhetoric and care about him making fun of nikki haley. he gets a coronation here and more voters don't get to pick

them. the trump campaign is worried, too. >> harris: what were you going to sea? >> ari: something marie said about independent voters and this mood. we are not talking post-new hampshire, will nikki haley run on no label ticket? look how president trump has the maga base, that is his. joe biden has a shaky hold on the progressive base, not sure if they are for him. there is an opening, nikki haley did well with independents. we don't know the answer and don't know if anybody on no labels can win, we need to keep -- >> kayleigh: that would destroy her chances. >> dagen: better than using hillary clinton identity politics campaign and trying to run for the republican nomination, that is what she's essentially been doing.

quickly, joe biden's new campaign head calling republicans a bunch of fers, a while back, i find that funny since biden and his posse spent three years screwing over every american. know isn't it about time they were on the receiving end of that rather than the other way around from american people? i find it hilarious also that biden and his said band of des perados, this is all they have because they can't run on policy is name calling and theiritiy-bitty mini-media band along with them picking this up, we've been called deplorables, clinging to guns and bibles, hay seeds, rednecks, you bring it. >> kayleigh: neandrathals.

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>> emily: growing outrage in california after a woman received no jail time for fatally stabbing her boyfriend more than 100 times. lawyers for 32-year-old woman argued she had no control over her actions when she killed chad o'melia in 2018. they were both smoking marijuana at her home when she entered a marijuana-induced psychosis. she then grabbed a sererated bread knife and went on a stabbing ram pain and found guilty of involuntary manslaughter, she received two

years probation and community service. the victim's outraged father claims this is a dangerous precedence. >> i think the judge is biassed, he set a precedence where you can smoke marijuana and commit a crime and get probation. she will not learn from this experience, she just got away with murder. >> dagen: she should be going to jail, the judge essentially overrode the decision of the jury in this case. these drugs, marijuana, cannabis, they shouldn't be legal. here are statistics. average thc content of cannabis is more recently 15%, concentrations up from single digits, you can find it up to 90%. and especially in teenagers, one

psychotic episode following cannabis use is associated with 47% chance of developing schizophrenia or bipolar disorder, which is forever. instance of psychosis episodes and psychotic breaks in the use of cannabis is astonishing. the risk for psychotic episode is higher with cannabis than with amphetamines or alcohol. health and human services earlier this month, under the biden administration support moving marijuana from being schedule one drug to schedule three. schedule three is tylenol with codeine and testosterone. it is dangerous what the states

are doing. >> emily: what dagen is saying, this is not what your parents grew up with. implications are frightening. if it is inducing psychotic breaks, unbearable breaks, are you absolved of responsibility? end of the day, this woman stabbed her boyfriend 108 times, she is walking free and he is dead. does that have a hold of us? that will absolve everyone of responsibility, that is terrible precedence. >> ari: that father is beautifully articulate, he lost his son and the judge let that killer go. you are responsible for things you do in life. you don't have an excuse to make to a jury, i was under the influence of this or that. you did it yourself and you are liable for what you do. i hate to see the judicial

system let somebody get away with that. the book should be thrown at her, she should go to prison for murder. >> emily: the susan smith case in south carolina, the young mother murdered her two children and she confessed to it, but said she was under a psychotic break. she was found guilty sentenced to life without parole. i spoke with the prosecutor and it was a jury of peers, the community wanted to extend grace and say we will not condemn you to death, that is not here. here to your point, the judge overrode what the jury said, i absolve you and have no jail time for a brutal memory.

>> kayleigh: that is great distinction how you lay that out. i was stunned by what her lawyers were arguing, they argued this woman was an inexperienced pot smoker and she became involuntarily intoxicated, but she took the marijuana. they argued at time of the killing from "new yon"new york, the victim had pressed her to take another hit. this is stunning on so many levels and to your point, people who told us that marijuana is less harmful than alcohol, now we have stories like this. >> if roles were reversed, if a woman was the victim and the woman had said take another hit, it strikeses me there might not be lenience granted.

>> marie: good question, i think you are probably right. i agree she should be in prison, i agree the judge should not have overruled the jury. i think we need to take a hard look at marijuana laws. dagen had a number of statistics and things like alcohol and tobacco are more harmful to people, i don't think people should be in jail for possessing a small amount of marijuana, i like the push to decriminalize this. in this case, she should be in jail, i agree. >> dagen: if you kill somebody with your car and you are drunk, you go to jail. >> marie: i agree, alcohol is legal. >> emily: blown out doors, missing bolts on a wing and mid-air fire, what is going on with boeing airplanes? choosing a treatment for your chronic migraine - 15 or more headache days a month, each lasting 4 hours or more - can be overwhelming. so, ask your doctor about botox®.

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>> emily: we have not gone one week without hearing about a frightening incident from a boeing plane. boeing cargo plane catching fire mid-air in miami. another flight cancelled after a passenger saw several screws were missing from the plane's wing. thankful for the passenger. wow. this past saturday delta boeing plane lost the nose tire moments before takeoff, it rolled off the runway. a whistleblower warned about resuming flights. >> the root of the concern is leadership or lack of leadership, the ceo and c suite

and senior executives are out of touch with people working in factories, push, push, push, get the plane out the door. flight crews and passengers are expecting that. you can be confident as the ceo, he is out of touch and that is putting passengers at risk. >> emily: that is the whistleblower, "wall street journal" says there are limits on output, but grounded jets can fly after certain maintenance. >> dagen: manufacturing commercial jets is us with boeing and it is airbus in europe. so this great american company eventually has to succeed. it is in everyone's interest for the planes to fly safely and i want to point out quickly,

depending where issues occur, like a blown-out tire, that is maintenance issue likely with the airline, not a manufacturing problem. i'm guessing my father was a private pilot. the "wall street journal" has a column about boeing and there is a letter in response that said boeing's problem is that boeing's head is in washington, d.c., they move from chicago and boeing's body is in washington state. you need to reintegrate and need everybody in the same place, some of what the whistleblower was saying, the ceo needs on the factory floor. >> emily: you are more likely to die in a car accident than plane crash, now missing screws and tires. >> marie: when i get on a plane, people are making jokes about

it, it is pr and safety problem. i've been to the boeing factory, it is beautiful, a wonderful company. dagen is right, this leadership needs to get more focused on day-to-day manufacturing and look at this process, including how airlines maintain aircraft. we've heard stories about that, as well. boeing should answer questions before congress, we deserve that as american people, he needs to get back to seattle and get on the assembly line and see what is going on. if they are getting planes out too quickly, slow down. >> kayleigh: ceos say we have questions here ultimately people we are traveling on our airlines with your planes. >> emily: i love dagen's point, it is in our best interest for the company to succeed. they used family-owned businesses to create this skyrocketing success

and then it became about cost. a lot of former vendors have been replaced for the cheapest one. they are operating with bottom-line focus. take a breath, take a beat, we would rather be safe than rich. i understand pressure of a business of high regulated industry i can't imagine operating in this country, nothing is excusable or worth the potential for a life lost and now when you go on kayak, you can unselect that plane. i've been unchecking it. >> ari: this is sensationalism at its worse. boeing should get scrutinized and held to account and answer hard questions. flying is one of the safest

things you can do. you are more at risk in your car, one for every 5000 in a car, in an airplane, one in 11 million and gets safer every year. these things with airlines are sensationalistic, everybody sees them because of mass scrutiny, it stands out, but flying is one of the safest things you can do. i will never worry about the safety if approved to be in the sky, i'm good with it. >> kayleigh: the passenger who noticed loose screws, sensational, but i would be alarmed. two films set to get remakes all in the name of diversity. ♪ men tell us when they use just for men® to eliminate gray,

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texas and the white house, the border bill may be dead on arrival, senator ted cruz is here and speech on bidenomics from the president today, is administration ruling out a strategy? larry kudlow will break it down at the top of the hour. >> a toast to my big brother george, the richest man in town. >> emily: that iconic scene from "it's a wonderful life" is about to get a reboot to become more diverse. "wizard of oz" will check dei boxes, as well. barris will direct both, he is the creator of "blackish" and had this to say. >> "wizard of oz" took place in the great recession, this is

perfect time to switch characters and talk about what someone imagines their life could be. "it's a wonderful life" is amazing and take something with that long history and put amazing talent to tell the story, a guy is helping his community and i think that is perfect story for a person of color, black or brown to get into that. our communities have issues. >> emily: what do you think? >> marie: i kind of love this, i'm all for reboots, what he said is lovely. i am looking forward to watching these. i think reboots are super interesting. >> i love everything he said, it came from place of love and inclusion and in the process of boxes being checked, there is rejection happening and blanket of humans in a negative way.

it is refreshing to have an artist say this is my vision and it is positive. >> kayleigh: no problem coming out with new rendition of a film. there was a new version of little mermaid" and it was wonderful. stephen spielberg, removed guns from "et." he regretted it. leave things where they are in their era, don't change snow white because you are saying this is lack of consent. there is difference, be creative and don't change. >> emily: the market speaks for itself and consumer speaks with their money. if an artist puts the remake out there, it will be tested in the market whether or not people want to see it.

>> dagen: in hollywood, this artist has been successful and that is when you write your own ticket. "wizard of oz" has always scared the absolute doobis off of me and hamilton, the wicked witch of the west. i'll get you and your little dog. >> ari: are you applying for the movie? >> emily: "wizard of oz" has gone through remakes and been foeder for a ton of artists. and the green -- why you looking at me? wicked, which was amazing. >> ari: no thoughts on this, i

love the old movies. >> dagen: this is a tv show and not on tape, it is live. >> ari: i take my vcr and hit play and watch. >> marie: you still have a vcr, don't you? >> i love that old movie, if they make a fresh version, fine, as long as it is not for diversity sake. if not that, i'm good. >> emily: more "outnumbered" in just a moment. nothing brings us together like eggland's best eggs. always so fresh and delicious. plus, superior nutrition. for us, it's eggs any style. as long as they're the best. eggland's best.

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♪♪ >> kayleigh: last but not least, remember hillary clinton's attempt at the makarena dance in 1996. here it is. ♪♪ >> kayleigh: she's got moves, said no one ever. well, now she's giving it another shot. here she is at a party in spain dancing with the duo who made the song infamous.

♪♪ >> kayleigh: not an improvement over 1996, and when hillary is not dancing she's weighing in on oscar nominations, consoling margo robie and the director after the oscar snubs. it can sting to win the box office but not take home the gold. your millions of fans love you. you are both so much more than -- i don't know what that means. a little hitting every liberal box, identity politics. >> you are looking right at me. >> kayleigh: while it can sting to win the box office but not take home the gold, 2016 election, she can't let it go.

>> i don't think she should have tweeted about this, or x or whatever we call it now. but, this is crazy that they were not nominated. that's the point of the movies that men get credit when women do things. how were greta and margo not nominated for oscars. i don't need hillary whining but this is crazy. >> kayleigh: and the # at the end, hillary barbie. we don't need that. >> margaret hamilton who played wicked witch of the west did maxwell house commercials a long time. i think it's on par, on brand in terms of where she is in her career. >> kayleigh: does she not have a staff? they would say don't talk about not bringing home the gold, you ran through the forest after losing the election. >> emily: i feel strongly against ever -- i do not dance chain. good for her for getting out there. it's so hard to get in front of people and dance and just because someone may not be good

at it, i will not condemn her. good for her for showing joy and back then, too. i love it. keep dancing. >> kayleigh: i'm a horrible dancer, but it's less about the dance and more about her continuing attempt to be likeable, whether it was taking the shot at the bar or the beer or whatever it was, the moments don't land for her. >> i'm with emily on this, even though never heard the phrase dance shame before, thank you for expanding my vocabulary on the couch. there is nothing wrong with somebody trying to have fun, and that's what she was trying to do, i salute her trying. as for the tweet, yeah, let it go. 2016, my advice to anybody is don't look in the past. elections and politics like that, look forward. >> kayleigh: i dance like a robot. i will say, be fair. don't forget to dvr the show. here is "america reports". >> sandra: fox news alert, a crucial hearing set to be underway in an atlanta courtroom that could revea