eric: "outnumbered" starts right now. ♪ >> this is "outnumbered i'm kimberly gill file, here, anna kooiman, jedediah bila and #oneluckyguy, o'reilly reporter jessie waters. looking fabulous. >> i have twin girls at home. usually "outnumbered." shouldn't be too much after problem hopefully. >> handle the quad here. >> we'll see. >> watch out. jessie will do a quick change later. >> don't give it away. >> lots of surprises here, right? >> great to have you on board, anna. >> thank you for having me. so good to have you. a little burst of sunshine on the sofa. we're liking it and feeling it. right now defense secretary chuck hagel, he is on the hot seat, testifying in public for the first time on the

administration's deal with the taliban that freed an american soldier. lawmakers on both sides of the aisle are furious they were kept in the dark about the prisoner swap that freed five taliban commanders and there are reports, some 80 to 90 people in the administration knew of the impending deal before it happened. listen. >> i recognize that the speed with which we moved in this case has caused great frustration, legitimate questions and concern. we could have done a better job, could have done a better job keeping you informed. but i urge you to remember two things. this was an extraordinary situation. >> i think you have just made a very strong case for the position taken by the president administration. you just left one thing out. these negotiations, as we were told, in a briefing last week, started in january of this year.

if you had been able to meet with the responsible people in the congress and give them the same story you just now gave us, the law would have been complied with. we didn't need to know the operational details. >> and another exchange between secretary hagel and buck mckeon, chair of house armed services led to this surprising answer. >> have we made other trades with the taliban? >> with the taliban, i don't know. i don't think so. >> jessie, i will put it right there. put you on the hot spot. >> he doesn't even know he made trades with the taliban? he had this position for a few years. remember he didn't have a great confirmation hearing, let's remember that he stumbled today. we can always find these guys back in afghanistan, these taliban commanders? we still haven't found mullah omar, the top taliban commander and how we will find these guys

if we have no troops on the ground. they tried to set this guy up as fall guy. that is what the president does. trial balloon, it was his idea, he was one that made that decision. they had to pull that back because it obviously burst. he is not a player. i don't think he was consulted during the whole deal to begin with. obama during syria, he consulted with his chief of staff before making the decision. they had axelrod in national security meetings. i don't think this president respects the generals. i think this was done on the fly to distract. >> harris, we were talking before the show started about this and listening to the secretary speak. talk about what you were telling me. >> what is interesting. you gave a list of people whom the president had you'lled with, those are people you might exchange talking points with. you will not do that with general or a guy who is head of the military. you're not going to do that most likely. what you get as a guy that comes across, someone who is very confident, very smart but

perhaps taking his time catching up politically. that's what we're watching today. >> right. >> he went out there and swinging at everything that is flying. one of the things earlier on, ranking democrat from washington or representative adam smith said, exactly whom were we negotiating with? we didn't get a straight answer on that. he said well, it wasn't the haqqani network who we know who are declared terrorists. can you narrow it down? do you have any idea exactly where this guy held, with whom, which group? no, he kept moving around. i'm not really sure. i'm not really sure said very many times. catching up politically. >> anna. >> to jesse's point, if you think about this controversy going on right now, yes, chuck hagel is in hot seat. liken to the restaurant simply the waiter or food runner. who is the chef? who prepared the food? who is the commander-in-chief? the buck stops with president obama, right? if the food tastes burn there is no disguising it. this song and dance garnishing

in the rose garden disguising what many critics say is a bad deal and congress was left in the dark, they're very upset about it, both sides of the aisle. >> hagel said it. the taliban is our enemy. we're engaged in armed conflict with them. that is what we've been saying. that is why we're asking why you left these five guys out. we're currently still at war. our men are still engaged. it is enormous risk to them. i feel like he was making a point many of us have been making without realizing it. he once again did transfer to it that the president made the final decision here. this is not something barack obama will be able to back away from. the hagel is saying it. the american people are saying it. there is no escape route for him on this. >> do you know during they asked hagel had account how many american lives were lost trying to get the five guys back? did you think about that? no. >> doesn't seem to think about anything. >> other answers he gave in the

beginning exigent circumstances, this man's health was in jeopardy, and he was on the brink of death. we know that was not case. what is the justification for flagrant violation of the law? throw it in the face of lawmakers, people like senator dianne feinstein coming out voicing displeasure this is bipartisan issue because it matters. >> many people say, it was not he was about to drop dead. oh, they were going to kill him. it was a security issue or something like that. and a lot of people say, maybe the reason the president did not consult with congress and dot whole 30-day deal because he scared of answer they were going to get because a couple years earlier a similar deal was pitched and answer was, it's not a good idea. >> heard that through hillary clinton. >> i don't really think the president cares about consulting with congress. he never consulted with congress about anything. he actually brags about not consulting with congress. he doesn't consult when he does epa administrative deals. doesn't consult about

immigration reform. he is proud of that all he had to do, he has been saying, i have a pen and phone. i will get on the phone, make some calls. make one call to dianne feinstein on his own team. he didn't do it. >> didn't do it. making some waves he is. meantime despite the furious fallout over the taliban prisoner swap the white house saying it is planning more transfers of prisoners out of guantanamo and reviewing yemeni detainees on a case-by-case basis of the administration says 17 detainees moved out of gitmo the last 13 months. including so-called taliban five, triggering the latest firestorm. this is just flagrant. i mean the kind of moxie they have, that, let let them out. yemeni detainees. they're next. back to the "star wars" bar scene to regroup and terror caucus. that is what is happening here. >> you would think he is tuck

tail after being embarrassed. he is lame duck. he knows his legacy is closing gitmo. that is what he promised. that is what he will do. >> not quite that lame. >> his reputation i think approval rating at 38%, according to reuters. he is going for broke now and shutting this thing down. >> republicans are introducing bills to prevent this. ted cruz is coming out introducing a bill to suspend anymore guantanamo transpercent. republicans will not sit tight on this one. they will stand with the american people -- >> polling is with these guys. american people are with them. they will not let this one side. not for campaign promise. barack obama is concerned about his legacy. concerned about his commitment to the left-wing principles he came in promising. he wants that left-wing base. very happy with him when he exits office. his speeches. his future job opportunities are going to depend upon that. >> a lot of years left to be on the speaking circuit. 71 cleared detainees at gitmo. how many of those 71 cleared will we see released?

we don't know yet. >> does that make anybody safer? looking at core ideology. jedediah, appeasing base. promises he made. i will close get moment i will let everybody out. wrap up afghanistan. are we in better position? why would you be so reckless, with the future of this country, with the safety of its citizens and the soldiers serving abroad. >>? >> he has a track record being reckless with national security. he has been releasing illegal alien rapists into the straits. he is letting guns walk across the southern border into mexico. he is shutting down missile defense in eastern europe. >> what's next. >> i really don't think he cares that much. i honestly think like jedediah said, it is about his legacy. imagine if he ran on this? in the last campaign i will negotiate with terrorists and unilaterally close down gitmo. he would have never been elected or reelected. >> what he doesn't understand, these people commit crimes against americans that is part

of his legacy. people will point to his decision making as reason for that. i don't know why he isn't thinking a little bit ahead of mark. >> we heard threat of more kidnapping. having target on backs of americans, whether you're a tourist. whether one of our armed servicemembers. this is such a problem, not just the idea of more kidnapping, but causing as much karnage as possible, going back to afghanistan continuing to fight. these five that were involved in the swap have been likened to four-star generals with the taliban. they're hand-picked. not only great propaganda for them, hey, we're finally being recognized but also great for their leadership. they're at the top. they're going to go on back and continue doing exactly what they were doing before and certainly does not make us any safer. >> it does not. >> you know what i love about live television? people send you things as talking real time. i said 71. the actually the number is 80 designated for potential transfer from gitmo.

of 149 remaining detainees, 80 are designated. interesting number we're looking at. >> many of those are the war criminals from 9/11, right? let's ask victims families, what do they want to happen? >> recidivism rate is 33% at least. one of the guys we're releasing the obama administration actually went to court and 2011 and argued he was too dangerous to release. >> what changed since then. >> politics have changed. >> that's it. >> rehabilitating guys in some fashion? you're laughing. >> you're right, milk and honey farm, one guy said the parole board would spring him. he was doing yoga. they were going to spring that guy. these are legal justifications for release of these guys. >> can i say something really quick ily though? if chuck hagel said at hearing he didn't give a clear thought about how dangerous it would be to recapture the five most dangerous commanders what does it say about the other people on the list? what about loss of american lives potentially to go after

them? will they consider that with each release? that is worth considering. >> they have also said, you know, out loud, at least one of them they're planning on doing this against the united states. who do we have to blame? it was a very bad decision and wasn't justified and wasn't legal what they did. >> let's zoom on. will hillary clinton turn over her private notes on benghazi? yes, she kept that, not a diary, she says. she wrote a lot of stuff down. do we get to see it? the former secretary of state has an answer some are calling dismiss i have. major upset on capitol hill, house majority leader eric cantor losing a bid for 8th term in office. twitter was atwitter last night. jedediah, you were all over it. >> oh, yeah. >> he lost to a tea-party backed candidate. what effect will that have on republican party? democrats might be ready to fund raise off of this. >> i believe in this country. i believe there is opportunity around the next corner for all of us.

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"outnumbered." we're glad you're with us today. voters in virginia just kicked out house majority leader eric cantor. it's a big victory for the tea party. cantor, seven terms as the incumbent lost a virginia primary to tea party-backed economics professor, david brat. there are so many questions, how will this affect immigration? cantor was leading towards amnesty for millions of illegal immigrants? what does it mean for the makeup of the republican party and washington itself. here is eric cantor and david brat. >> i know there are a lot of long faces here tonight and it is disappointing, sure. but i believe in this country. i believe there is opportunity around the next corner, for all of us. >> the reason we won this campaign is there is just one reason and that is because dollars do not vote. you do. [cheers and applause] this campaign was about just

basic american values and virtues right from the beginning. and the major premise is power belongs to the people and that is what we're going to do. [cheers and applause] >> i think some of those very people were online last night and on blogs. because i'm seeing jubilance across nation and tea partiers. is this the return of the tea party as some blogs are suggesting, jesse? >> i believe it might be of the republicans need to coalesce with the tea party. everyone was so shocked, cantor lost? lost what? we didn't know it was a race at all. i think this is all about amnesty. cantor was pushing it hard and this guy ran on anti-amnesty platform. it makes sense. hard times economically and middle class voters struggling to fine work, you can't say open the floodgates to unskilled, uneducated, you know, low-wage earning immigrants from the southern border, to flood the zone and depress wages and

compete. that is just not a wing message. and that is what is lost. i think that is what you will see in november. you will see animated activist republican base get out strong and push this issue. amnesty is dead. >> i want to come back to immigration and i want to hit the other thing going on out there. kimberly, this is what was all over twitter. can we pop up one of the tweets from viewer malcolm. no political position is for life. this was a mark against the establishment in so many ways. >> this is i think impactful moment for both sides. there is lot to be learned and to be gained on the sides of republicans to say, listen, even if you don't have big cash, if you're big on ideas, you will generate enthusiasm and get out your vote. that is game-changer right there. so the democrats now, they will have something to marshall against because they like to get a little crazy about the tea party. this is what will happen if you don't give me a donation. this will happen if you don't get out to vote. that is what we saw. this was a big, significant,

moment,. >> 56% of the vote. >> all over twitter people, and on the web, saying, stunning, stunning defeat. stunning upset. >> economics and ethics professor with a budget in hundred or hundreds of thousands compared with millions of dollars for eric cantor a complete surprise for many folks. think about the way he campaigned too. he was going around to knock on doors. he would talk a lot about policy. in fact he mentioned last night the press made fun of him talking about policy for a long stretch of 30 minutes at a time. rather than using flowery rhetoric. you know what? maybe this is what america is hungry for. somebody who will get in there and change the way washington works and we need a political novice. >> david brat is still a name people particular letter out of virginia don't know. as you look at democrats running against him in november, i have seen fund-raising may be pretty easy to do if you go against somebody that no one knows. that is interesting argument is making.

>> it is a republican district. i think he will be strong. the momentum is behind him. if you looked at twitter, people across the country were saying this is tribute to the grassroots. this is what happens when establishment politics is no longer working. average person, who is a basically a novice when it comes to politics can come out, run for office. this guy ran as a conservative. conservatives are hungry for people who talk like a conservative. eric cantor was not talking like a conservative. he was talking about immigration. very soft on immigration at a time we have all the photos coming out with children at the border in horrific conditions. timing was not good for him. he hasn't been a real advocate for conservative over the years. is not someone conservatives look to on spending obama care, this is strong leader for us. this guy, very average guy. very relatable. charismatic and came out and people identified with him. >> more about the message than the earninger. -- messenger. i wonder if we see this across

the country. >> this is how tea party candidates can win. if you are articulate and talk about rape and hair not on fire and raise money door-to-door to get your point across. this guy was reagan conservative. eric cantor was tied with corporate lobbiests. >> talk about reagan conservative, not just tea party. >> eric cantor spent $180,000 on steak dinners for his campaign. this guy spent 200,000 on his entire campaign. it shows -- >> jesse, glen beck, not everybody was surprised by the win as kimberly was alluding to. >> we'll pick up again next time on immigration. eric cantor is tied to playing both sides. democrats say that might have hurt him. native immigrant groups pulling out all the stops to get the washington redskins to change their name.

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with congressional benghazi committee gearing up, some are asking why. >> if the committee wants your notes, would you turn those overpriced mark >> they can read the book. i don't want to be part of something which in any way politicizes or demeans the sacrifice that happened there. >> recently released documents also show the administration continues to withhold information on its media strategy on the weeks after the attack. jesse, i'm so disgusted by the response with these notes. somebody who already said she is not sure if she will testify. now i am not sure if i will show my notes. early american people stand for this? >> i wouldn't share my notes either. for a different reason. i don't know republicans want to be in a position where they are asking for hillary's diary.

what do we want? it is her diary. >> it is like a reporter's notebook. the notes she took in real-time as she was making decisions. >> i would rather have her medical records, tax returns, i don't think she will give it up. it doesn't look good when she is saying no, read it in the book. it seems like she has something to hide. >> it comes off as very arrogant. as her ideology should be not in anybody's mind to question. it should be above and beyond reproach. this is political pandering. look at the motives of the other side, that is what she is saying. that is not right. >> what about the american people wanting to know? >> how does she get away with it? if she intends to run for office, can she go down this route?

>> not if she sits down with me. is that like googling you? i will not flip through the book. i will read this, but i will not find my answers solely from one source. i would like to get it from the subject. >> she is dead broke, so she wants you to buy the book. that is just as disgusting is the comments of her coming out of the white house and her and poor bill clinton had several mortgages to pay off and shows how out of touch they are with the lack of transparency and amount of money and how their net worth estimated between 100-$200 million. the clintons are normally a well oiled political machine but now they are in need of wd-40. >> are they prepared for that? i always get told hillary is so politically savvy. she will own the stage. this huge blunder right off the

bat, is this going to be a problem for her? >> they have people to get her on point because it came off all over the place. here is a real opportunity for her to show leadership, take a little bit of a separation from the administration to show it would not be four more years of barack obama and lack of transparency. show you have respect because she owes the nation that at the very least especially because benghazi happened on her watch. why wouldn't you want to earn the position and start by trying to redeem myself and earn your trust. >> there is a strong antiestablishment trend in this country. hillary clinton already lost barack obama because of that trend. new kid on the block, charismatic. do you think the antiestablishment trend is going to ge carry over again?

>> you hope the press will be a little tougher on her than they were with president obama. you are seeing follow-up questions. these are softball questions. she is stunned by follow-up questions and she is not prepared. she has had three years to prepare. is that the best she could come up with? if she can't handle diane sawyer, don't know how she will handle bret baier. >> saying it is not my job to know about lasting walls and then they show the video like there were 10 sandbags outside our door. clearly that's not what we needed, so she couldn't even comment because nobody had prepped her. >> it had been a very smooth, calculated rollout. the subject of her answers has been anything but smooth. it has been bumpy, she has had a

whole week of gas. shocking for the clinton machine showing she is not as great of a politician is everybody's making her out to be. >> if there is a great g.o.p. candidate, if you are out there, run. >> remember they tried to get the washington redskins to change the name, the native american groups are upping the ante in their fight against the russian 10 redskins to change their name. a tribe paying for this woman is spot during the nba finals game in seven major cities including washington. >> strong. native americans call themselves many things. the one thing they don't. >> it was not just the nba feeling the heat last night.

>> i think it is a very powerful ad. from marketing and public relations committee been something visual like this, has the capacity to really change hearts and minds. they will probably based on public pressure change their name. i don't know that will affect other teams in the process bid if you want to hit something home, make it visual, make it personal. >> and they are catching sports fans. what about the diehard redskins fans? he said you can capitalize never, i will never change the name. >> it was an appeal to families. i am a big sports fan. this is defective because you are with your family, it kind of hits home. it is even beyond the racial thing now. disconnecting heart to heart. now, will the owner, will the

general manager and the president of the team get together and wonder how we can back, still look like we have something to say because it is difficult, you have to change your logo, huge amounts of money that have been invested at this point. it will be interesting. >> are we trying to be too politically correct? we have pharrell under fire for his headdress. are we being too political? >> i know the cleveland indians logo is a little insensitive. if you're going to go, go all the way. the notre dame fighting irish. everything is offensive. will be have cowboys? what about cowgirls?

it is 3% of the american public support the redskins name. the redskins logo was designed by native american. i just don't know if there is ground support. if you ask people reservations if they care about a logo on a football team, they care about jobs and education. >> you have a very vocal group putting a lot of public pressu pressure, now is the time for the pc swell about everything so they have a sensitivity moment in time to try and capture this and effectuate change. i still love the redskins. everybody at home, let us know what you think. coming up on "outnumbered," 212-year-old girls accused of murdering a classmate are due in court a few hours from now. an update on the stabbing case related to an online character known as "slenderman." and avoiding serving her 30-year sentence. find out where she went next.

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>> a grown woman who had with a boy in florida is a convict on the run. she landed in canada where she is they granted asylum. she took off which was out on bail. harvey successfully argued her 30-year prison term was cruel and unusual punishment. apparently canada must have agreed and will not be exciting her back to the united states. you are the attorney on the couch. her attorney has argued. you can be the rebuttal, my friend. her attorney argued 30 years for having sex is a 16-year-old boy is too much, it is cruel and unusual punishment.

canada says yes. you say? >> i am fascinated by the law because there is always a way. her her attorney was creative. two i think men and women should be treated the same with respect to these offenses committed against children? yes. his 30 years a surprising sentence? yes. most of them have not any time. guys like tucker saying why is this even a crime, why is this woman even prosecuted? she should have been prosecuted, should not have fled, but i understand why her attorneys making the argument and hav hasw has taken refuge legally in canada. >> to the details of the case, i know you taught at the high school level, to the details of the case she wasn't a teacher, she knew this child, causing scene-year-old boy a child, she

knew the child through her son. the coach turned her in. they have dna samples they say evidence against her. to the details matter? >> to some they do because it is not a power relationship. if you think of a teacher it is a power position imposing that on somebody who doesn't. but to me it is still a child, 16 is still a kid. what kind of crimes can you commit in this say that is cruel and unusual punishment so i'm going to get out of here and hope it is legal in this other country and the united states won't come sees me and make me serve some kind of a penalty for this. >> $5000 bond seemed a bit low. looking at a 30-year sentence. the other piece of this, she has denied all of it but they have front tape saying i will deny what i did for ever and ever and ever. but the husband and the kid went with?

>> the husband is still with the wife. >> she could be denied refugee status and be booted out. >> $150,000 fine at first and now it is $5000 bail trying to work this all out. coming to you last. >is a 16-year-old lawyer a child in your mind? >> sitting in the hot. he had >> i don't want to diminish what happens here because it is a serious crime but if you are a 16-year-old kid and have with your best friends mom, you usually get high-fives. she is not that attractive so you might not have that kind of reception but this can be emotionally damaging for the child psychologically he is not mentally ready for this so i understand.

she is kind of in the middle. >> if she is hotter it is better? >> this is how regular guys think. let me say this, 30 years seems like a long time. might have been a mandatory minimum. >> you have whipped up a storm over this. now i have another storm to talk about. several states are bracing for possible tornadoes as a system is barreling down across america. we will show you who could be under the threat. and try this one on for size. we brought in some of jesse's clothing. >> i would not wear that. >> really? really? do they have one that says "just right"? okay, listen up! i'm re-workin' the menu.

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>> more "outnumbered" in a moment but first let's see what is coming up in the second hour of "happening now." >> latest on it can gunman who injured his teacher at a high school in portland yesterday. portland, oregon. more on the breaking story that we just learned about yesterday during your show and hours. two 12-year-old girl stabbing a girl leaving her to die in wisconsin. they are charged as adults with first-degree attempted homicide. our legal panel will weigh in on that. and islamic radicals have taken over iraq's second-largest city and we're getting reports they may have captured another city on the way to baghdad. what it means to us and our security coming up.

>> thank you. >> i may be outnumbered but now it is time with my story. controversy over sizing chart. small, medium and large. the japanese company offers the sizes skinny, fat and jumbo. just trying to make the word fat cool. they say it is insulting, embarrassing and offensive. i will start with you here. is this a publicity stunt? obviously. >> everyone on this couch. >> do you really think skinny and fat and all this stuff, are they trying to make fat cool? >> it will turn women off. i want jumbo to describe my shrimp, not my clothing. no woman will say this will incentivize me to buy your product. it categorizes us in a gross

kind of a way. i think of anything but a human being in the process. awful marketing. >> let's be careful here. people do struggle with their weight. a lot of people do have problems controlling themselves. this is a problem in america that people really care about? is this f >> let me tell you something, i just care how something fits. cut the label out, i cut labels all the time. i am like yeah, i think it is a size four. they are trying to get a marketing ploy here. remember when they use the word phat? there are trends, they're

dipping their toe in it, let's see if it works for them. people don't like it, let the market speak. it applies to guys too. >> there is a maternity wear company that got a lot of hot water. wake me up when i am skinny and that was considered offensive to fat people. >> what is a problem with it? as far as the whole jumbo, fat, whatever. they're trying to capitalize in marketing similar to what starbucks has done. it is not small, medium, large. >> would you be motivated if you went into a store and you saw jumbo and fat and skinny. would you put something on, you have to work out even harder? >> i just cut the label out. this is money, yo.

if it works, it works. >> the ladies get to where skirts when it is hot but guys in short suits? will this really catch on? >> are you going to go change? >> you should. ugh. heartburn. did someone say burn? try alka seltzer reliefchews. they work just as fast and are proven to taste better than tums smoothies assorted fruit. mmm. amazing. yeah, i get that a lot. alka seltzer heartburn reliefchews. enjoy the relief.

that would be my daughter -- hi dad. she's a dietitian. and back when i wasn't eating right,

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it is a so- called trend.

some are hoping it is cut off over the knees. >> and this is a jacket paired with shorts. i can't get over this. this is so squary. even j crew is coming out with a now line. god, i hope not. it is freaky and like a little boy. and what to do with the stocks. and it is halfway, and if they are going to be in the short, shorts. and it is summer shoe. >> and it is business shoes. and it gets complicated. >> i loved it. and we so the people all of the time. and i would prefer. >> and interestingly enough. this issue came up.

listen to it on the five. >> see this picture. >> yeah. that's all i got to say. >> it gives the water. and shorts with suits. >> and that is hilarious. >> what do you think about that. >> it looks like lot like jesse. >> i don't want to be the only one doing it. >> as a matter of fact, it is you know. and you know what i mean. >> it feels good. and it is good and keep going. >> it is. that feels good. and it is a pin stroips. and i don't want to walk around chelsea. we get the wrong idea. and so it is traumatized.

and i warned everybody once the skinny joens came out. i am just saying. it is slow. and maybe they are spray tan and i might be feeling. it happening now starts right now. we start off with a fox news alert on three developing stories. a new name taking known eric cantor. and we'll have what the outcome could mean for immigration reform as well. >> and rush is on to care for a flood of irl legal immigrant children a ratifying from central america and why they are coming and what the plan is now they are here? chuck hagel facing tough questions about the decision to