stuart: when did the u.s. buy florida? the choices on your screen. lauren? lauren: 1819. stuart: susan? susan: 1807 stuart: ashley? ashley: 1830. stuart: well, i'm going with 1798 on the grounds that it was a long time ago. apparently i'm wrong. it was 1819, the feel was finalized in the treaty of [inaudible]. [inaudible]. lauren: lauren is right. stuart: adams honis? never heard of that. i need history lessons. neil, it's yours. neil: stu, have a wonderful weekend. we're on top of some maybe startling developments on capitol hill right now regarding what will be the 12th day of votes to determine whether kevin mccarthy ever gets that speakership. go to chad pergram that's there

with the latest. reporter: hey there, the house of representatives came here a moment or two ago and they have to determine if they're going to come in and actually have a twelfth vote for speaker, this was the fourth day of this. i'm told that is the plan, but then they have to see where they are. republicans had a conference meeting, a conference call this morning started about 10:15 and not been a lot that's come out from that, but i'm told that kevin mccarthy has to start to show progress. think think he can get there but don't think that'll be today. the big problem they're going to have, neil, is some members are going to be absent later today and that starts to change how many votes he needs for speaker. neil: sorry, i wasn't ready but i think i said the twelfth day this, is the twelfth vote and fourth day. i'm getting old, folks. that is very, very obvious i i want to go to victoria right now, the indiana republican

congresswoman-elect. the last eight time, congresswoman-elect, you voted present. but i wonder now what your plans are for this vote today. >> thank you so much for having me. i think, you know, we have a good deliberation and i'm happy to see it. it makes us strong as a institution and i'm going to make that decision after we know we actually see how the vote is going to happen today. but i think we made a lot of progress on both sides of the good faith negotiations and i think it's very important for me, and i want to make sure we continue that because if we want to govern in this type of majority, we need to reconcile the differences now, not have this problems on the floor later. it's a very healthy process. neil: i know others asked you this and you voted present the last eight times and i believe you were voting for kevin

mccarthy, what changed? >> i asked both sides to get to the table and have set agreements to not waste our time. we have to talk to each other and respect each other and be able to hear each other because that is the only way to govern. i'm glad to see both sides are doing it in good faith and i said i'm going to try and continue that message to both sides and try to work with both sides to make sure that we come to an agreement because it's important for us to have republican speaker elect internally, and i have no doubt we'll be able to accomplish it. neil: all right, we're pretty soon going to be getting the nominating votes as we watch the house clerk, johnson, sort of get this thing going. we know the drill and the nominating speeches on behalf of kevin mccarthy, of course, juaquin jeffries, who knows who else could be there to get the same. are you afraid though that this drags on and on and on? how patient are you in a process right now that has been repeated

11 times with almost exactly the same results? >> i think it's important to have negotiations but i'll tell you, i was happy to see so many members for a change listen to each other. usually [inaudible]. we meet with each other and talk to each other and hope there's more deliberations. neil: nothing appears to come of those meetings, congresswoman, unless i'm missing something. you're at them but i'm not. all i go by were the results and they stay the same. >> i agree with you. that's why i'm going to force those guys to continue having this conversation until we have results, and i think it's important for us. i'm glad to see we're going back to the table and put aside our grievances and problems that we had and a lot of people have personal experiences. and track records that need to be addressed, but i'm glad we can go past that and talk to each other. it's important to continue the conversation, but i think

there's a lot of progress to be made and it will reflect in the votes if not today but reflected of no doubt. neil: we'll watch it closely. congresswoman-elect victoria spartz and if they do elect this, you can be a dually referred to congresswoman because none of that can happen till we get this speakership thing resolved. back with chad pergonal this. chad, obviously she was -- talk about making progress and votes were identity after each said -- identical after each said meeting. are we hearing things could be different this time? >> talking and no negotiations initially. reporter: a senior house gop leadership source tells fox "we've made progress in the negotiations, sounds familiar

there, but we don't know if that's changed any votes yet". fox was told the chances for the drama to end today are "low". kevin mccarthy made concessions but even the most fierce adderer sayre believes he gay -- adversary believes he gave up too much. >> the construct of the rules concessions functionally turn the speakership into a ceremonial position. as a matter of fact if my colleagues get what they want from mccarthy, the chairman of the freedom caucus will be more important than the speaker of the house in determining the legislation that reaches the floor. >> members are growing antsy, some mccarthy allies believe the protracted election needs to end. there's concern that mccarthy lacks a path to win.

>> this is day four of the longest speaker saga and longest since 1859 and fox told that mccarthy must make progress today if nothing else to changes narrative. there are fishers between house republicans now. >> it's a thin line between discourse ask discord. we pass it had back on monday at a conference. right now we've crossed that line between negotiation and extortion. these 20 are beginning to extort the american people. people. >> the biggest problem facing mccarthy could be lawmakers who are absent. three are out today and that's going to change the vote cocktail necessary to win. as we say, it's all about the math, neil. back to you. neil: the three i assume are republicans who are out? reporter: that's what we know and keep in mind, 212 democrats have been consistently voting for hakeem jeffries.

at some point that levy will break. there's not going to be everybody there on the democratic side. not that they'll break and vote for somebody else yet. we haven't gotten to that just yet but at some point, you'll have absences on the democratic side of the aisle that could be this weekend, could be sunday, could be late tonight. it's just impossible. you try to get 434 people in the same room at the same time four days in a row. it's really hard. neil: all right, if we had three out that brings us down to, i think, 231 total members. members. reporter: let's do the math. we're at 434 to start with so i'm told at least until this evening, ken buck is out so that gets you from 434 because we have one vacancy to 433. then victoria spartz she continues to vote present so 432. so if there's -- let's add the other two out and that gets you to 430 and the magic number and again, this is just back of the

napkin here, 216 would be the magic number. now that is not unprecedented to have a speaker win with a lower number than 218. newt gingrich, that happened to him. john baner, same, same thing with start nancy pelosi two yeao and it's not that unprecedented but with all of the concessions, the highest they think mccarthy can get to, and this would be progress and maybe they'll show this if they in fact go to the vote here, the first vote today, the twelfth overall, that he can get to 214 so you're starting to get into range there, but again, we'll know more after this first vote. we thought we were going to see movement on the second day, and we really thought we'd see movement on the third day. if there's not movement today, well, at some point people might say the gig is up for kevin mccarthy. neil: yeah, i'm just thinking that obviously he can't lose by the old math anymore than four republican colleagues. obviously that changes a bit here in this new math that you eluded to and he asked to bring

down that list to 20 who have consistently, some say stubbornly, not voted for him so that's where there's got to be some bend; right? reporter: well, we think that universe of hard noes, absolute noes is probably a little bit less than five. it might be more like four, but we don't really know. everybody was surprised when it ballooned to 20 the other day. even seconds to play he gets that number closer -- if he gets that number closer, depends who's out and if democrats start disappearing, that'll change this. this is where i've said since november, this is not the math. this is the algebra. you have a constantly moving variable here, and that's the difference because you don't know what the number is. you vote one hour and need a certain number and the next hour and need a certain number. it's a very funky equation. neil: got it. yesterday you got us in physics and now you've thrown in algebra with the math.

reporter: and new math. remember math from the 70s? neil: i remember doing my kids' homework and was like what the heck happened to long division. don't wander too far. the florida congressman-elect with us now. in support of kevin mccarthy. congressman-elect, always good to have you. we heard from some of your colleagues, sir, on and off air, that progress has been made? made in the fascinating meetings that you're not apart of. is that true? >> i've not been part of the negotiations but the information we're getting and comments we're getting is that, yeah, progress has been made and some people put up with the names put up as possible speakers are actually helping in the process so that's always a good sign. it'll be interesting to see what this first vote how it comes out.

it's interesting to see how many people they're out and what party they're out and that changes the number that kevin has to reach in order to become the speaker. you know, the people that are aligned and i'm aligned with, the mainstream caucus-backed suspended ands and rg2 are committed and hopefully we can move on and we need to get to the business of helping america and working for america. neil: i don't know what's going on behind the scenes but apparently kevin mccarthy made a great many concessions to the 20 some odd folks who weren't keen on him. but some argue that he's caved to them, this idea that he can be ousted or any speaker in the future can be ousted by simply one member voting to do so or pushing to do so. he's given the freedom caucus a

lot more sway to play and are ewe afraid he's giving away the story here and furthermore, weakening himself? >> well, look, he'll be using the same rules in effect since 1910 and nancy pelosi is the one that took away the right of five members to vacate the chair. we're going back to those rules and he feels comfortable with that rule and feels comfort wobble that rule and we'll continue to support kevin mccarthy. as far as some of the other rules, many members of my conference are fine with the rule changes that have been made and more accountability, there's more fiscal accountability and for us the ability to see wills 72 hours before we get the vote on them. there's things i can support on that and, look, at the end of the day, we'll come together and have a speaker and it'll be kevin mccarthy and we'll move on. we'll have the business of helping america, working for

america and we've had this disagreement and it's healthy and that way we can get out in the open out front and a lot of tough bills will have to be crafted and passed by the majority. neil: kevin mccarthy's name put in the nomination and happened seven times prior and i'm wondering given the same results here and forget about kevin, are you or some of your colleagues in this camp saying there's a point. you've got to find a new horse. >> well, the problem is i'm not prepared to do that and i've committed to kevin as long as he's in the horse race, i'm on that horse. there's a number of us that have told kevin that if you're in the race, you're our horse. we're not going to back off. so, you know, that's also

meaning only kevin. neil: you could be going through days or weeks of this and you'd be able to endure that? >> yep, i can endure that. i don't want america to endure it, but i can and i think, you know, what we need to do is have those 20, look, you can't have 20 dictate 200. you can't have 10% deck at a time -- dictate the 10% and we have to get the 10% back on board and what bothers you and what do you want and most things have been agreed to and agreed to by the rest of the congress and we need to get on board and move on and that's the proper course of action and not us looking for somebody else. neil: do you think that the republican leader, kevin mccarthy, is to blame at least partly here for not appreciating

the potential magnitude of this? he knew in the end that it was only 10 more votes that republicans got 212 to 202 bodies right now, 222 to 212 right now, and that he didn't appreciate that makes getting to that 218 very difficult and even missed his chance beforehand when he could have made more come disagreements or listened more -- accommodations or listened more to those ultimately opposing him and all these votes that, yes, you're right and voting 90% back on the caucus or what have you and this is all about the numbers hitting 218. he didn't appreciate that and this gauged it and thought the momentum would follow through. did he botch it? >> i don't think so. he was here before where small groups of members can take down

a speaker. he was hereby and fought those wars and understood what he was up against, but then, you know, we also -- neil: there's no way he could have understood exactly -- with all due respect. if he did he would have known i'm toast orb this vote will go on awhile and seems to have a cool demeanor to all this but he's got to be sweating this goes on and on and on. >> look, if i were in his shoes i'd probably sweat a bit too and has an army behind him, an army of 200 behind him. we're not saying okay, vote for someone else. i'm one of those guys. they got 20 people saying never kevin. we've got more, heck of a lot more than 20 saying only kevin. we got to get to this and resolve this. you know what, what they're doing they have a right to do what they're doing. it's not really the time.

it's time to get on board and move ahead. if kevin doesn't do what he puts out to his commitment to america, it's the entire conference saying no, kevin, we're not going that way. we made a commitment to america and we're going to resolve the energy crisis and resolve the crisis at the border and solve the run away spending and give parents the rights for school choice to parents and children and those are the things we ran on and we committed to and we'll hold you accountable and the idea that they don't trust him. the proof is in the pudding and i'm sure -- pudding and i'm sure kevin will deliver and if he doesn't, he has a whole bunch more problems than the 20 not voting for him now. neil: if it remains like this,

congressman-elect, do you think that an overture from democrats and republicans to democrats is in order that that might close that and make democrats change in some way shape or form? >> i don't see that and it's not a possibility and i won't accept it right now. we'll get our house in order and have kevin mccarthy as our speaker and move forward and the republican agenda will move forward. >> as you know the last eight go rounds the congresswoman from indiana voted present. lowering the threshold doesn't sound like you'd do that and

know of any other colleagues that would? >> i haven't heard of anymore that would do that and caution them against that because eventually you vote present, you lower that threshold to 2012 and hakeem jeffries has 2012 and would be making him the speaker of the house and so i would caution against that. people have to be very careful with their math and margins are pretty short and thin. we've got to see who's out and who's in and who's voting and not voting and so, yeah, i don't think we have too much that will be voting present. neil: hope it's not too long a day for you, sir. thank you, very, very much. safe weekend for you. carlos gimenez. why do you call these guys and i know the congressman and every two years they're elected. it isn't official till you're sworn in there and there's a process and in the house it really begins with the selection of the speaker. we don't have that.

doesn't look like we're anywhere close to having that. again, they hope that on the twelfth time that proves the charm, apart of the battle before we go to the break will be can at the very least kevin mccarthy lower that group of 20 noes to maybe 18, 17, 16 noes and show progress because the understanding we're getting from a lot of these mccarthy loyalists is that once you start showing that you've broken a log jam here, more will follow. that's the hope at least. you eventually get to that number, whatever it is. today could be about 215 to 2016 to close the deal but again, they're just starting the process as you're looking right now at the house clerk, cheryl johnson, kicking things off here. in the meantime before we head to making some money on this network here, i want to draw your attention to more people making money at the corner of wall and broad, dow jones up better than 580 points and we had a good jobs report and showed steady jobs and at the

value of that and given the fact we had more jobs than we'd thought we'd gain in the last month, they're focusing on the fact that the wage component wasn't running up as much as some thought and a little less than thought and to that a weaker read on the services sector actually contracting in the latest month and combine that with just the fact that inflation seems to be easing from high levels in europe particularly in france where it dropped significantly and these are the kind of things that are good news and that's good news. for now. more after this.

neil: okay, the only thingings that changes in these votes is the people who are speaking in the votes and south carolina congressman jim clyburn putting in the nomination of hakeem

jeffries, who's consistently gotten almost 212 votes in every one and last night it was 211, but the fact of the matter is he's going for the most votes here, close, but the odds of him getting that job are probably next to nil but you never know. we didn't think we'd be here right now. again, this will be the twelfth vote to decide who becomes the leader of the house and for kevin mccarthy, he's got to be showing some progress and not necessarily to win it but show progress and keep an eye on that and keeping an eye on the dow about 543 points and delayed up by the goldy locks mix of news and not growth but inflationary growth and reminders that inflation at least if it's still a bit of a problem here that maybe an understatement, it is a dramatically less of one in europe and particularly in france yesterday with the numbers going down, down, down. colin mcshane keeping control of all this. hey, colin.

>> yeah, neil, it's good news and bad news and not necessarily today. but in some ways digging into our data you could make the opposite argument but the market movers are the big growth stocks and big tech strong today and we see strength in energy and materials as well having a good day and starting with tech, if you pick out stocks like a meta or apple nor nvidia, all those types of stocks are gaining ground and jobs report showed stronger than expected hiring and that would be the good news. all though the weaker wage gains are being highlighted, you can argue that helps the fed in the fight against inflation and also throw in the week services data and that would play into the market and we're watching tesla and the news is it's cutting prices in china and it's the

second time in less than three months that tesla has done this. these cuts kind of part of a wider price war that's been going on. tesla also cut price of model y and model 3 in japan and australia and not just china and then southwest airlines and we have numbers today to put behind the epic meltdown of southwest over the holidays with the company now saying it's going to book a fourth quarter loss and take a hit between 725 and 825 million from the lost revenue, higher expenses related to all the mass cancellations and issues that it had. the stock it was interesting this morning and down when the news broke and it like the rest of the market for the most part turn it had around and up today and southwest down around 20% over the last year. neil. neil: all right, thank you very much for that. the red fin ceo is back with us

real estate titan extraordinary. glen, it's good to have you. i'd like to go off beat with you for the opening question. are you watching this drama on capitol hill? do you worry, does it affect what you're doing or trouble you? what? >> i think all business leaders want to believe our government can work. we want democrats and republicans to work together and the republican caucus to work with itself and so i know that this is an important battle, but the rest of the world is watching and we want to make sure that everyone believes that the american government can do great things. neil. it's not doing anything great right now, glen. i'm wondering if part of that troubles you? >> it will. i believe in our government. neil: glad i'm talking to you now because going into this universe so worried but you've calmed me down. let's talk about your business and whether you -- everyone's

freaking out with what's been happening in the volatile market and notwithstanding and certainly saw real estate getting punched around in the last half of last year where it picked up steam. how do things go this year? >> well, it'll be a sales standoff so buying demand is significantly down just coming out of 2022, purchase applications down 40%. and pending sales down 30% but at the same time inventory never really recovered from pandemic lows. if you compare to 2016, we're still at half the volume and there's so many people who are sitting on 30-year mortgage that they refinanced at 3% who are never goon give it up. going to give it up. we had a bunch of listings we retired at the end of the year because we couldn't sell them and normally we put them back on at the beginning of this year. but people are saying, no, i'm going to rent it out instead. so i think it'll be low demand but also low supply.

neil: so it's like a mexican standoff here? >> it is. it is. i don't even know what a mexican standoff is. what is it, neil? neil: buyers and sellers not budging. let me ask you a little bit about the environment for interest rates. they have that gone up but not nearly as troubling as some have feared and those of a certain age that look at rates today, 15 year and 30 year mortgages. if you ignored the fact that this unrealistic period where we have is 3 and 4 year lows, what holds a buyer back beside a reluctant seller. >> it's a rate shock and rates are low by historical standards, it was such a sudden acceleration and on a percentage

rates base, they've never increased faster and somebody who could pay $2500 a month, and get an $800,000 home a year ago and now can get a $500,000 home. it's just a psychological shock. it was nice to go through the holidays if we look at just demands this week, the number of people on our website, the number of people signing up for tours, writing offers with our agents. we've actually had a good start to the year. it's only a few days so it's hard to read too much into it, but i think people needed to reset. it was just getting so grim in november and december. now it's a new year. neil: i started with a bizarre question with you but you're so patient and you're so good. i like to end with the bizarre question and does concern this washington drama where you have a core group of 20 congressmen who aren't too keen on their

boss, republican leader in the house. people say whatever concessions that kevin mccarthy is making, he's weakening his role as potentially the ceo of the house. what do you think of that and how do you compare what you do and bring the undisputed king of redfin with this? >> i've tried to persuade so many great leaders in the business world and politics for the good of the country and we're all watching what happens to someone that enters the public's fear and it's a food fight that it's hard to get people that are used to be able to lead a group to go into a bad

situation and i want people to believe in their government and i want the best of us to want to go into that government and when we see what mr. mccarthy is going through, it's really hard to aspire to that. neil: let's say he gets the job, if you had a mutiny among some of your board members and survived it, would you come back at them and be vengeful? do you think he should be? >> there's no margin in that. the difference between my approach and kevin mccarthy's approach just acknowledging we're in very different situations is that if i don't have the support of the board, i am not going to weaken my role.

the challenge is that within government, i don't know that the group can align behind anyone and it's a process they have to go through. switching from being in the opposition to being in the lead. neil: you're saying there's only so far you'd go and in maybe this case, if he fails to get everyone behind him, or they push on him things he shouldn't or doesn't want to do, what's

the choice? >> for here i stand or for here i move. they sign up for that or burn you at the stake. neil: that's brilliant and makes you a great interviewer, glenn. the person i was thinking of was rodney dangerrerfield in this situation. this makes you so good and hope you have a happy new year, my friend, and thank you for indulging my admittedly bizarre questions and knew you'd have inintriguing answers. glenn kelman, ceo of redfin. we have chad pergram, the ceo of all things capitol hill and knowing where everything is and what everyone is doing. what's the latest? reporter: the house moved to first official vote of the day for speaker and this is the twelfth overall vote and in 1821, they did in fact elect a speaker on the twelfth ballot,

philip barber of virginia and don't think they'll elect them on the twelfth ballot today and here's the nomination for this ballot here. jim clyburn, the democrat of south carolina, nominated hakeem jeffries, mark garcia republican of georgia nominated fellow californians kevin mccarthy. matt gates nominated jim jordan and kevin her honor, republican of oklahoma. he's not in nomination right now and not to say somebody couldn't come up and vote for byron donalds if they wanted to. that's a possibility. we really don't know and this morning the chances of that are low and my colleague isha encountered mccarthy in the hall and indicated there's no deal and they're still processing this and had a conference call for the parameters of the deal

and one thing to watch and this will be very interesting. this is where i talked about this yesterday, neil, you fix one problem and break another. so some of these conservatives, they want to hold the bottom line on spending. they don't like the united states getting involved in foreign conflicts, ukraine, afghanistan, et cetera. they think we're too interventionists. talking about a proposal to cut tens of billions in defense spending. how will that got, on the defense appropriations bill, you'd lose a significant number of republicans. if you want to cut spending, you have to look at two main areas: entitlements, that gets you to about 70% of all federal spending and then the next 14, 15, 16% that is the pent gone and everything else is 14%.

they're talked about cuts in spending and you can't cut all the democratic priorities and that'll be enough. tough get into that military budget because that is such a large piece of the pie. there's two types of spending on capitol hill, dis-registration their and nondiscretionary and that's the appropriations we deal with every fall and the military is about 55% of that. so if you're going to cut spending, that's a good opportunity to do so. again, will that enflame the prodefense lawmakers in the republican conference, neil? neil: let me ask you about this process today. first off on the vote and what the mccarthy forces are looking

for. chances are they won't limit to four republicans to try and get this but they would look to try and bring that 20 count of congressmen and women down to 15 or 16. that would belie progress. reporter: we're looking at metrics to see if something is momoving in a certain direction and what's going on on the house floor today and this is our first metric to see if there's any difference in the votes. now the fact that byron donalds was not nominated, maybe that tells us something. that something important to watch because again, he was getting most of the other votes beside hakeem jeffries on the floor. that might indicate some change there. we'll see. michael cloud, republican of texas who's been a mccarthy opponent just voted and she's been somebody we're keeping an eye on and i might think he'd be

one of the ones that might change his position. you know, that's somebody that's in play. he's not been necessarily as hardened as say a matt gates or a lauren boger for instance but we'll know more at the end of this ballot here. andrew clive, another republican opposed cast his boll la tech and we're look -- ballot and looking to see what people are voting and hearing a lot of applause and seeing applause in the house chamber. i wonder if these folks have shifted their ballots. that would be key and then you would in fact start to see movement. maybe this is a gradual thing and get a few votes today and get a few votes tomorrow and again, the biggest problem kevin mccarthy might have today is that they're not going to have full attendance and that's going to create a problem because again, it lowers that boor for the speakership, which on one hand may help you again on depending on members on the other side and hurt you if you have your own people out. neil: real quickly. the byron donald situation, did

he hurt himself when he voted for himself, a few votes ago and then said, i don't think i'll be speaker. i don't want to be speaker. he sent mixed messages. reporter: well, he talked about running for conference chair and elise can't put her name formally out there and that's the gentle person's agreement in the conference and thought that's where things were going and announced he was going for it and she jumped in and announced bid for conference chair, no. 4 position in the republican hierarchy and it's obviously somebody that has some ambitions and obvious that some people like him. it would be a little strange frankly to have somebody not vote for themselves, you know, on one hand but again, if you're really about getting kevin

mccarthy, maybe you would have voted for somebody else or opposed to kevin mccarthy, that's significant too. these are strange circumstances so, you know, you could read it either way with byron donald's vote there. why are you nominating a second term member to be the speaker of the house? no knock on him but he doesn't have the experience yet. i will note that henry clay, the legendary politician from kentucky became speaker of the house in the 19th century when he was a freshman member. this is a different world we're in right now, buts that has in fact happened before with speakers of the house. neil: will this, if it's not resolved today, will this go into the weekend in weekend votes? reporter: two ways to read this, they need to get this wrapped up. it might look bad to go away for the weekend. number two, sometimes on other types of votes, you need breathing space. the problem is they don't have -- you know, an agreement to say, we're going to go out for the weekend, come back,

sometimes that helps let the air out of the room. the key is whether or not they would have enough votes for an adjournment until monday. that's the problem there because you have members from both sides who might say, we should stay here. i know they're saying i have an event back in the district. i have an event with my family. there's a funeral i need to attend. i don't know what thatting loos like. that's going to be key to see mow that would go and might not have the votes to do that and might be back here at noon tomorrow or overnight and again, because this is such a strange set of circumstances. again, this is why this vote might be very interesting to see if kevin mccarthy is starting to garner support and people might say, okay, it's obvious this is going a certain direction, the dam is finally breaking here, let's just stay around here and vote late tonight, overnight, let's get this wrapped up. let me point out something, this is important and has not really been reported as much, neil. if they in fact finally get the

votes to elect a speaker. they are also have to wear in the members of the house and not sure when that happens and bit of a timeout and they'd then swear in the speaker and then the speaker in turn would wear in the membership and then the one thing that is unclear but is probable and this is just me reading the tea leaves here is they have to put this deal into place and a big part of this deal that kevin l mccarthy has supposedly engineered with rank and file members and especially his opponent is what we call the rules package for the 118th congress. the senate has 44 standing rules, standing rules meaning they're just always there and they do not change. the house each congress you have to create an entirely new set of rules. now some of those are things you'll have and democratic congress and republican congress and other things will be more

individualized. i cannot imagine that as soon as they got the speaker and swore in the members they'd not immediately go to that debate and then at least approve that rules package. that might tame some time. neil: very, very quickly, we're learning representative elect byron donalds the florida republican referred to has voted for mccarthy. we're learning that in all now, this early five republicans are switching their support to mccarthy. very, very quick thoughts on that? reporter: well, that's what i said they have to show progress today. if they came in and didn't have any change, that's a problem. but five, you know, this is a game of inches, much like football. if they're inching toward that goal line, maybe they eventually get there. neil: i think you're also touching on what could possibly happen tomorrow, noon if they go to vote. could conceivably start having them at 10:00 a.m. eastern time and someone with this show on 10:00 a.m. eastern time on fox news would be on top of this immediately. that would be historic in and of itself.

what say you? reporter: it would happen at any time but what happens in the house and senate oftentimes when having trouble in this parliamentary situations, the automatic time they come in is often noon. neil: often 10 as well. 10:00 a.m. eastern time as well. reporter: i know there's a show that comes on at 10 on saturday mornings, yes. neil: got to help me out, chad. buddy, thank you very much. i want to come back to you on these startling developments. i'm honored to have lee zeldin with us, the former new york congressman and he almost took down a giant and did something very unusual in the empire state. coming in just a few points from taking the bluest of blue states and becoming its governor. he is with us right now.

>> we're watching the best round for kevin mccarthy and he's show ago lot of progress and momentum coming out ovthis vote. as you pointed out not just byron donalds but five in total so far only up till the ds in the alphabet who previously opposed kevin mccarthy are now supporting kevin mccarthy. see what the count ends up being by the end of the alphabet, but as your viewers are watching on screen in the distance in the house floor chamber, that's where the house republicans sit. you'll see them stand when a vote is cast by kevin mccarthy for himself. other than that, every time you see a standing ovation during this vote, it's for each individual member who's flipping their vote from previously against mccarthy to now for him.

and all the house republicans are giving that person a standing ovation so i think kevin welcome coming out of this round with more momentum than he's had in the prior 11 and see where that goes. neil: important to your point, congressman, because he had 20 no votes in prior votes and if he whittles that down to 14 or 15 or fewer. it's a sign of progress and he'd need obviously more to jump and go to him. but it might start that process; right? >> yeah, this buys him more time. what happens if you get stuck on 21 for too long, the people who are supporting you start getting more an seizure disorders and see that -- ante and seeing that with -- antsy and ken buck said he and others would get antsy and that number gr grows and gig kevin more time and one thing to

look is a number of members that say, listen, i don't care if it's the twelfth round or 100th round, they're never going to vote for kevin mccarthy and here's the interesting point, once kevin has more votes than hakeem jeffries, they could make a motion to change from a mayorty vote to a -- majority vote to pleuralty vote and you'll need a majority. in order to do that, you'll need some democrats to vote for it. that might be their play to get hakeem jeffries. one other thing to look at if they do go into votes through the rest of the day and into the weekend is that you have some members that have now left town. wesley hunt just had a baby, it's being reported there's some complications. he just went home to be with his wife. that impacts the total number that's needed for kevin mccarthy. it's been reported he needs 218. 218 till victoria spartz voted present and changed to 217. every couple people voting present or not there at all

lowers the threshold of what mccarthy needs and if it's one of his own supporters leaving town, that's not as much of a gain as if it's a detractor or democrat. neil: congressman, as you're speaking here, we're showing the board right now and appears right now at this twelfth vote that kevin mccarthy has failed to get enough votes to win the speakership with six voting against him but we're watching and what makes this a rather dramatic development this in te long impasse of the prior votes he has consistently gotten 20 colleagues who would find somebody else, depending on the day but not him. if he whittles that down to half that number, to a third of that number but not 20 or 21, that could be a significant development. we're watching that very, very closely. but i am curious, congressman, what you think got us to this. we understand that mccarthy made a lot more concessions. in fact pretty much everything

that this caucus wanted, if you want to call them that by in large very conservative representatives. >> chip roy administer lick at a timing what you can see -- articlating in the status quo and how the house is run and changes being made are changes that are going to in my opinion help the house move forward with a new day and be stronger than it's been than we've seen in years past so that's good. but you have people who it doesn't matter what you change or what rules are changing and they're not going to vote for kevin mccarthy and personality issues and trust issues. they want somebody else. neil: you served -- just wondering, what are the issues?

i heard many that chafed at his usings speaker's office being debated and others said he was too arrogant and didn't listen to them in the summer when he might have thought he'd have a much bigger majority than he does, i don't know what it is but you've been there. is that warranted and this personal an mouse that you hear from so many of these core 20 member group. >> in that core 20 group there's lots of people that have nothing against kevin mccarthy and feel like this is their opportunity to be able to get changes to have more of a seat at the table and make sure that bills are read before they're voted upon. they want to break out appropriations bill so they're voted individually and one of the chains is that motion to vacate from 5 to 1. some people are saying they don't want to see that because it'll be held over the speaker's head. if the speaker's confident they're doing a good job, then not only should they not fear it, but if that vote is called

and they win it, they're actually coming out of that stronger than they were. for many of the 20, i don't believe that it was personal, but for a few it certainly is. they're the best ones to speak to whatever their personal issues are with kevin mccarthy. what's interesting is that when you change a leader and the next person who comes in just needs to get the most amount of votes, it's easy and they get the most amount of votes and you move on. in this case, if you had a 13th round and kevin mccarthy wasn't in it and say steve scalise was the next name put forward, steve scalise could get less voting than kevin mccarthy is getting right now. i dent know. but you could actually end up with more chaos in future rounds so it's good this is coming to a head right now and trying to figure this out because it's not like round 13 all of a sudden you have a new speaker if kevin steps aside. neil: well put. lee zeldin, good catching up

with you again. former new york congressman and gubernatorial candidate came oh so close to doing something historic in new york. thank you again, congressman. back to chad pergram while you're watching the numbers. we'll keep them up there. a twelfth vote not gone kevin mccarthy's way but something else has or could be. chad, what are you learning? >> what's interesting is we don't definitively know that this won't be the, you know, the ballot here. the reason is because we don't know how many members are absent. we know there's at least three and might be more than that. that's something we have to be very careful with. the second thing is and this is the news of the hour here, is that there are other votes for mccarthy coming across the aisling. dan bishop of north carolina, josh of oklahoma, michael cloud of texas, andrew clive of georgia, byron donalds so there's been a number of them in the past couple of minutes here that have defected now from being a protest vote and voting for kevin mccarthy.

that might be enough we'll see depending on the vote matrix here and it's short and we have to be careful with the math here and say this is automatically going to go to a 13th vote because again, there's people out we don't know. where he haven't gotten the deep in the alpha beat and victoria spartz hasn't voted and we don't think kevin mccarthy or sackmary speaker is going to beelected on this twelfth ballot, but it is a possibility because we don't know the total number of ballots cast by name and we will not know till the very end, neil. neil: just explaining, we were looking at universe going into this. 432 members present. reporter: 431, 432 present.

neil: could have been fewer than that. reporter: could be and remember the spartz present doesn't count because she's not voting for a person by name. that's the key. if she votes for somebody by name, mccarthy like in the early rounds then, yes, that counts. neil: it's usual liliana in alphabetical order and seen enough and know enough in this stage when there's more than 200 representatives making their intentions clear, we will a lot more than six in the others column. could mean some names are skipped or not around but what could be going on? reporter: again, it's 434

people. it's herding cats and can't get them in the same place statement and especially when we've done this hour after hour, day after day. i read something this morning that we have had something in the neighborhood of almost 18 hours of role call votes over the past three days. neil: you're a great reporter because you don't take leaps that you can't but i don't want to take a leap but if it follows in this direction, obvious lip a lot of it was boyd by concessions and man kevin mccar they made to this group of 20 or these conservative members. many have argued and you've astutely pointed out in challenging him and others this weekend is a potential speaker if it turns out to be ken mccarthy and down the road, i'm just wondering what the implications could be.

reporter: it's our governance and nancy pelosi has demondemonstrated with her resud bona fide she could do that and do it easily whether you like her policies or not. no problem for nancy pelosi. very different for kevin mccarthy and steve scalise and whoever else is in the republican leadership and they've never demonstrated an ability to count the votes quite the way nancy pelosi did. number one. number two they're conference isn't all together. that's part in parcel what this whole debate and vote is about. that'll be really hard to govern and get anything done, even these big promises that they made over the past two areas to campaign and get control of the house. neil: thank you, chad. look forward to talking to you again. for those tuning in for those of you just tuning in your watching the 12 vote to see who will be leading the house ab