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reaction next hour. hur didn't charge him, but dealt a blow to the 80-year-old president stating his memory was significantly limited. it is friday, this is "outnumbered," i'm kayleigh mcenany here with my co-host harris faulkner, "fox and friends first" co-host carley shimkus and host of tomi lahren is fearless tomi lahren and co-host of verdict with ted cruz podcast from texas ben ferguson. concluded that president biden willfully kept classified document in his delaware residence, stopped short of charges and wrote we have considered mr. biden would present himself to a jury as

sympathetic well meaning elderly man with a poor memory. president biden fought back in a last-minute primetime address. >> this is just plain wrong. i'm well meaning, i'm an elderly man and i know what the hell i'm doing, i put this country back on its feet. >> kayleigh: many would disagree with that. series of mix-up from this week alone even last night suggest otherwise. >> president of mexico sisi did not want to open the gate. i went to the g-7 meeting and maderon from france looked at me

and said how long you back for. there has been a response from the been a response from the opposition but -- yes, i'm sorry from hamas. >> president biden: i said i'm going to be president whether we live in red state or green state, making roe v. wade the law of the land. >> kayleigh: it is not mental acuity, blame the maga prosecutor as his team did in politico today. reporters press about age and memory and biden snapped. >> peter: how bad is your memory and can you continue as president? >> president biden: my memory is so bad i let you speak. >> has your memory gotten worse?

>> president biden: my memory is fine. >> mr. president, when asked about your age, you respond with the words watch me. american people have been watching and expressed concerns about your age. >> president biden: that is your judgement, not judgement of the press. >> they express concern about mental acuity, they say you are too old. in december, you told me you believe other democrats could defeat donald trump, why does it have to be you now? >> president biden: i'm most qualified to be president and finish the job i started. >> kayleigh: harris, the press was ferocious. >> harris: he played into their hands. i did fact checking. the document does say he willfully detained some documents and he shared some with his ghost writer.

those are things he brought up on his own during the news conference. to fact check him, go to the report. either he didn't read it or his handlers are not being open with him. that should be a victory lap. maybe they didn't give him details, maybe he read it on his own, he didn't get it right. that confrontation with the press, when you tell him, you told me in december. you don't know if he remembers talking with her. you have back and forth with active press corps his white house can't ask easy questions. is the word you are thinking of hamas? who is the president of mexico?

it is not sisi. that is right, that is egypt. >> kayleigh: it was a lot we saw. there has to be intervention, given the crucible of voices yelling from his side of the aisle, there will have to be intervention. has anyone seen gavin newsom? keep track of where he is, he might be the one to step in. this morning from house armed service highest ranking democrat saying this about the democratic president. >> he does not have the normal strength to go out and campaign and do rally after rally and conversation after conversation and that is going to be difficult on the campaign trail. >> kayleigh: congressional democrat. >> yes, you are wise to say put a tracker on gavin newsom, if you have been watching him, you know he has been running a shadow campaign and working to

clean up areas of california that are lawless. why? he's got to get his national reputation up to snuff to convince the american people he will replace joe and he's going out applauding the record of biden-harris because he wants to fill that spot. when you talk about democrats, his team around him have tried to shield him and now they are not playing the game because his ego has been combative against him. all right, go ahead. they will give him just enough rope to hang himself. they know he is stubborn and doesn't want to give up. they will push him toward the door. >> kayleigh: that is the plan, carley, we have seen time after

time those cover for him. communications director noted this happened one day after october 7, as if that was a reason for memory loss. the easter bunny hopping out to shield him and then this axios, the president studying executive residence after meeting went two hours. jill biden was in the doorway, she had watched the news conference, the look said they had something to say. why didn't anyone step in that included the most powerful man in the world. >> what a report and to come out

now. >> carley: this story is out of the frying pan, into the fire, unfit to stand trial. what about that? and being president in a lot of ways is just about surviving bad news cycles and hoping everybody forgets. the problem with this, this is hard for people to forget. it feels gossipy. did you hear what the guy investigating said about the president? it is easy to talk about and understand and text about and joke about. i feel real sympathy for president biden today, especially because of the part about his son and forgetting the date he passed or where it was. we are not the only people seeing this. leaders of russia, north korea, china and iran.

president of egypt and mexico. >> carley: this story is more important than any legal issues or two-tiered system of justice, it is how it is being perceived by enemies, as well. >> carley: the "washington post" laid out this could jeopardize human sources, hillary walks and biden walks, but trump, hit with 91 counts. >> ben: who is running the country? it is not joe biden. is it jill biden? is it chief of staff? is it cabinet members? they have been covering for an incompetent president on mental decline who is taking naps and working four hours per day, noon to 4:00, they have eventing, who is not campaigning. who is running the united states of america?

adversaries are trying to figure that out. it is not joe biden. you saw gloves come off last night, they said it is time to figure out plan b. he saw a press that was treating him like he was a republican, asking tough questions, not sure you can get them to stop that at this point. you are looking at who is next guy and what will that look like at the convention where they replace him. >> harris: tell you who not running the country, secretary of defense. >> kayleigh: that was a tipping point, get the tracker on gavin newsom. big day for former president trump, his big wins next. it's easy as 1-2-3. one: call newday and apply. two: take out an average of

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>> harris: former president donald trump seized on special counsel decision not to charge president biden over mishandling of classified documents. trump is calling out biden doj for two standards of justice and demanding charges against him be dropped. and trump earned all 26 delegates in nevada. and pushing to remove him from the primary ballot, justices sounded ready to decide in trump's favor. decision is expected in days or weeks. >> i just say in watching the supreme court today, it was a very beautiful process.

i hope that democracy in this country will continue. i thought the presentation was a good one, well received. you have millions of people out there wanting to vote and they want to vote for me. >> harris: i know you and senator ted cruz got together yesterday, this had to have come up. >> ben: yes, senator cruz thinks it will be swift, he can read the room. he wouldn't be surprised if this comes back quickly 9-0. >> harris: not even sonia sotomayor against it? >> ben: deciding who you can and can't vote for, it is bigger than colorado and i think the

supreme court justices will say, this is wrong. no one else thinks you can do this and come down with p precedence to make sure this country stays together. this one we have to get right for the future of the united states of america. >> harris: they talked about ambiguity and not wanting to go forward if there was ambiguity, i think that was brown jackson. trump was able to command time in the middle of the day, we took him live on this program. not everybody did. cnn cut away from live remarks from trump and for some unexplained reason, busting out into laughter. >> iran was broke when we left.

we have gotten all the analysis out of trump. this is a time for him to come out and say -- >> it is odd. >> he wants to talk about himself, not the supreme court did a nice job today. >> harris: the example i gave when biden couldn't remember hamas and a reporter had to kick him that word. it is ironic that is who they pull away. former president was saying iran did not have enough money to send to all proxies. >> kayleigh: what was their reason for pulling away? trump was having a good moment? best for trump and worst for biden. trump spoke about the american

people, iran, israel, ukraine, american steel jobs, the border. he was calm and measured. contrast with biden, angry, defensive about him, not about you. if trump we saw yesterday meets biden we saw game over. >> harris: if they met in the hallway. >> ben: he looked presidential. they were worried he would get off message and relitigate the past. he stayed on point and on focus, brilliant presidential moment. >> harris: interesting, the cnn

panel said he wants to make it about himself, it was all about the policy and yes he was going to talk about the supreme court, he was asked about it. >> i was looking at jena griswald, she is one of the big people trying to fight to keep trump off the ballot. should one state decide who will be president? she said -- disenfranchise black voters. so you want to do the same thing? that is not an argument and not true. it was good news for trump and easy to sound gracious, hope he can keep that up. it was good day for the former

president. >> harris: he forecast the immunity, he said he would talk about that next week. >> atrocious week joe biden had, gaffing and calling on dead people twice and you have trump and he comes out like a fighter. whether cnn wants to tell that story or not, american people are seeing clear vision of what our country can be and one that is not competent to stand trial and one who still stands tall. that is your vision for america and voters have to choose if joe is nominee and i maintain he will not be. >> harris: coming up, nypd released body cam footage of

them being beaten. they are rounding people up, but the da won't put a warrant out for these immigrants tell us who you are looking for next.

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suicidal thoughts, or weight loss. upper respiratory tract infection and headache may occur. with clearer skin, movie night, is a groovy night. ♪ live in the moment. ask your doctor about otezla. >> harris: nypd release shocking body cam footage on last month's attack on police officers in time square. alvin bragg is now indicting -- on felony charges after a judge released them with zero bail. nate foy has the story. >> new body cam footage shows initial confrontation and

several immigrants kicking the officers while they are down. watch. [video playing] >> here is what happened before that, harris. this next video, the officer touches this migrant's yellow coat, he is in jail right now. he is the only one still locked up. he pushes back and the officers take him to the ground. the others joined in the attack. one charge of tampering with evidence for swapping jackets. >> only thing worse than failing to bring perpetrators to justice

is to ensnare the criminal justice system. >> he said he wanted to proceed cautiously to identify the right people. >> if you look at body cam, you see a number of perpetrator faces clearly. the idea needed more time doesn't hold water. >> three as muches are being looked for and two names will remain under seal until a later date. back to you. >> harris: when will they tell us what we are up against as u.s. citizens? >> da alvin bragg said they wanted to focus on the crimes instead. >> harris: tomi. >> tomi: all of you that live in new york city, do you feel safe leaving work or having your

families around this city? every time i come here, i'm so happy i live in nashville, tennessee. regardless of immigration status, there are that you knows of migrants, illegal immigrants roaming theet stroos. a lot of them not documented or vetted and not worried about their identity being exposed. they have nothing to lose in middle of winter and what is going to happen? this is tip of the iceberg, it will get worse. >> harris: you put it correctly. they are not u.s. citizens. we need to know what the authorities know that made these among the most dangerous. i don't need to know their name,

what does their rap sheet look like. >> carley: to answer tomi's question, i live in new york city. the crime is so random, you feel safe and then you read about something that happens and go, i go there all the time. there was a shooting there? >> harris: the mayor says crime is down in certain categories. >> carley: it is, but up in serious categories. this is great example of why body cameras are important. this view shows so much more of what the police officers went through in way the surveillance camera did not. >> harris: they had let them go

because they did not have close shots of them. i do not live in the city, you do. >> kayleigh: i do not live in the city. the migrants are staying in watson hotel, these migrants were in city shelters, another example and she cites this person living $500 a night in the hotel on your dime. >> harris: you live in new york, not new york city. >> kayleigh: florida and new york. >> harris: i claim jersey and arizona. >> ben: one thing about this, this is the election and this is election for the whole country. i don't care where you are, it is against lawlessness and law and order. people are moving for law and order. i left dinner last night and

couldn't go through time square because there was another shooting. they were like go the other way. this is lawlessness. this is what happens, it is lawlessness >> harris: remember what donald trump ran on, law and order and that was how many years ago? wow. >> and border security, look at it now. >> harris: san francisco facing lawsuits trying to stop income programs, oh, stick around.

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>> kayleigh: san francisco mayor

london breed income program facing pushback suing the city of racial discrimination. live on the west coast with details. >> people receiving your tax dollars with no requirement they work and secondly, should they be getting money based on skin color? san francisco and california give out millions to minority and trans women based on race and gender identity. the equity project hands out $ist if0 a month to black bay area residents and pays $1200 provided you are black, indigenous and trans gender and $1000 solely to pregnant black

and pacific islander women. >> it is based on their race, that is what they do. >> the birth project defends the aid saying there are higher rates of premature birth. >> this is due to racism, structural and racism that birthing people and mothers experience when interacting with medical providers. >> critics say it is illegal to not include white and latino. london breed says none require work. the stipend is provided to focus on health and wellness without worrying about income. all three programs declined interviews and the mayor says

the programs are legal and they look forward to going to court. >> kayleigh: carley, we have equal protection clause. >> carley: my head is spinning. this is called buying votes. one article, washington times, sums it up. they say this money goes to people who are legally vulnerable. legally vulnerable including those who are undocumented, engaged in survival sex trade and formerly incarcerated, if you are transgender with rap sheet, you are -- >> kayleigh: and biden hit because he was given lone forgiveness to farmers based on skin color. >> if you move to california,

check all the boxes and apply for a job with the biden administration, what quota are we filling today? that is not the job of the government, this is discrimination. people will game the system and say, who are you to tell me i can't identify as african american, you can't tell me i'm a man when i tell you i'm a woman. so where can -- where do you get to say, you are not that. i can be what i say i am. >> harris: really interesting argument. >> i want to go all in. go all in and take all the money until they are forced to fix it. >> harris: amount of money, income should be what is considered. >> carley: we have that social safety net. >> harris: that would be

duplication, we have that, and free up other dollars to do other things. i think you follow the money on this, who is getting it and how is it being billed out? >> tomi: talk about governor gavin newsom again, remember he had reparation task force and task force came back and it was too expensive, he backed off so he could run for president in 2024. this is the snake eating its own tail. you cannot identify as potato and say certain people get this. it is buying alelegiance to the government. it is not worth it. >> kayleigh: i like you threw in 2024 for president, i caught that, viewers probably did, too. i like that. more "outnumbered" in a moment.

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>> is there a serial killer in texas? police attempt to explain what is happening to residents there. join us at the top of the hour. >> harris: is it is time for in case you missed it, chiefs and 49ers will play this sunday in the super bowl and ticket market place stub hub says cheapest ticket is $6000 and 51 k for most expensive seat. >> carley: box seats are 2.5 million and i would pay to not

go to the super bowl. i like watching games on my couch. there is bathroom, refrigerator and all the snacks you want and i'm making pigs in a blanket. >> ben: i'm getting older, hell no, i do not want to go. i went to the coldest super bowl here against seattle and it was cold. it was fun. you know how vegas is, insane, a lot of people, it is worse. zero desire to be there sunday. those prices and vegas. >> harris: it is a lot. taylor swift performing in tokyo night before the game and should make it to cheer on travis kelce. who is good authority? japan's u.s. embassy.

the embassy can confidently speak now to say that if she departs tokyo after the concert, she should arrive before the super bowl begins. can she land her plane? no one else can. they have found a stall for her. >> no one else's boyfriend is in the super bowl, find a spot for her plane. >> i love the embassy can confidently speak now. be fearless, super bowl will wear red, they used her album names. hat tip. >> must be nice to have a private jet, nobody else could get from japan to vegas. she sold a jet, she is downsizing, we are glad the carbon footprint is so low.

go taylor swift's boyfriend's team. >> harris: whole part of the picture, i am suspect on whether or not that is equivocation between what you are burning and buying. you know, i'm a chiefs fan. definitely. >> no idea. >> harris: yep, i am, i will watch from home gladly. i did get more merch for christmas. eagles star jason kelce will watch his brother compete for a second ring and he thinks the day -- third ring, day after the big game should be a national holiday. >> the super bowl is meant to be played on sunday, if anything, make monday a holiday. when the brazilian soccer team

plays, the entire team shows up. it is a national holiday. make it a national holiday, america's sport surpassed our national pasttime of baseball. >> i'm there with you. >> i think super bowl monday should be off. >> harris: i need to get out more, who is the guy in the middle? i couldn't take my eyes off that. any thoughts? >> i love the idea. everyone who has kids ducks out at halftime. let kids out of school, this is a holiday i can get behind. there are dumb holidays, this one is awesome. speaking as former athlete in college, i played tennis in college. from my perspective, let us have

the day off and let everybody play golf on monday. >> kayleigh: does he want the day off, he needs the day off? >> he needs two days off. >> put the game on saturday. >> it is not college. >> harris: i love how quiet it got. >> you lost me at saturday. >> why is it on sunday? >> extend the weekend. >> i wake up at 1:00 in the morning, i cannot do super bowl sunday. >> you will get hate mail afterward. >> any day of the week as long as chiefs are in it. >> maybe i'm the grinch here. if we don't have a day off for

voting, shouldn't have a day off after the super bowl. people have to go to work, essential workers, i understand it, i think people can rally, that is the american spirit. >> harris: end there, i feel fulfilled there. >> work hard, play hard. >> harris: more "outnumbered" in a moment.

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>> vice president kamala harris is meeting with leaders on community violence intervention at the white house and she started her remarks with a little bit of confusion. >> the work of community work and in particular violence intervention is about investing

in community, understanding our capacity, understanding the greatness and then being motivated with that knowledge to do what we can to reduce harm but not for the sake only of reducing harm, but investing in the potential and the greatness. that is the essence of this work. >> kayleigh: she has been pretty on message lately, but that didn't really mean a whole lot. >> yeah, she has a unique ability to use a lot of words to say very little and i think that that is one of her big problems. >> harris: i think that the strategy of the white house right now, they need to sit down, they need to come up with their best communicators and their best messages. they have a problem after last night with the president. and you know, whether he's, you know, whatever she's talking about here or whatever it is, it's not purpose for helping them dig out of the ditch and i

think all hands on deck for the white house, you know, you were there as a press secretary for trump, that's where they really need to be here and so i don't know, i don't have enough energy to try to figure out what that word salad was, it's not on point with the one we saw last night that matters from the commander in chief. >> kayleigh: by announcing a press conference randomly with no topic, gave the world 45 minutes to wonder is he stepping down, will we have president harris? >> that's what i thought was going to happen. last night should have been a wake-up call kamala harris needed to be ready for primetime and trots out there and noekt word salad, she uses the word community and tries to mumble and bumble it up to whatever that was. that shows laziness on her part to me. you need to be ready, you need to reassure the country, i don't care if you are a democrat, republican, red states or green states as joe would say, you need to be ready and that shows me she does not care. >> exactly right. we are awaiting the white house

press briefing with karine jean-pierre and john kirby, that is slated to happen about 30 minutes from now. they will have some big questions to answer after last night's press conference. all eyes on the robert hur report and the fallout from last night's remarks. ben, quick thought. >> the most press conference both of their careers today and they better do a really good job. they have democrats watching it, not just republicans, and if they fumble this, like kamala harris fumbled this morning, it's going to be really bad for them. >> kayleigh: and this one, you can't say hatch act, word of wisdom to karine jean-pierre. it's friday, "america reports". >> sandra: thank you for the build-up, await the news. we will hear directly from the white house, the first response since the release of the scathing special counsel report detailing how president biden