>> this is "outnumbered," i'm kimberly guilfoyle, and here today sandra smith, harris faulkner, kirsten powers and hashtag one lucky guy, arthur aidala, and he is outnumbered. welcome to the program. >> with an all-star cast. this is all a-listers, and i got permission today to refer to powers by her nickname, k.p.. >> oh! >> it's my special day, so i really feel like part of the family. >> she's a columnist, too, so you are really lucky. >> it is k.p -- >> well, i'll leave that up to her, the degree of respect she would like. >> harris loves your outfit. the red pops with her dress can too. >> skittles. >> i'm excited. >> all right. well, welcome to the program. and just five days out til the midterms, and brand new polls show some stunning erosion in the democratic base. president obama and the

democratic party losing support from two key voting blocks; hispanics and young adults. a pew research center poll finding 63% of latinos say they identify with or lean toward the democratic party. well, that is down from 70% in 2012. that same survey also showing overall support for congressional democrats among latinos is down to 57% from 65% in 2010. meantime, another poll from harvard's institute of politics finds a majority of millennials say they prefer a republican-run congress 51-47%. wow, a big shift from 2010. and president obama's job approval rating among young americans has fallen to just 43%. now, there's a lot to get through there, but we're going to do it. we're going to do it, harris. what do you make of these numbers? this is a key voting bloc, numbers down with latinos, african-americans, the people that the democratic party

strongly leans on. >> let's look at the latino community, first of all, because that's where the stark bleeding is, if you will. if you've got 50% of them saying they feel democrats are most concerned with their issues and only 10% of them saying republicans are, yet they're going away from the democrat party, that means that the democrats are failing to capitalize on a huge gap there. and for republicans, it means an awesome opportunity, because they can differentiate themselves from the democrats in a way that really no one else can. i mean, you're only up from 10%. so not only are the democrats losing, but the republicans have a huge opportunity. i think that's where the biggest problem is for the dems. >> geraldo's been talking about this for a long time, that the latino community is ripe for the taking by the gop because they are family-oriented, they are religious-oriented people who their ideology, i mean, with that side of the aisle than the other side of the aisle. i think it's also coupled with

the lack of the real change that we were supposed to see. and their lives haven't changed so drastically that, hey, let's try change on the other side and see where we wind up. >> kirsten, what do these numbers mean to you? and what do you think accounts for the fact that there is this discontent amongst the key voting bloc for the president for democrats? >> well, it's obviously bad news for democrats. i think latinos have traditionally been a swing vote, so they haven't been a group of people that are always gone with one party, and george bush had a lot of support among women, and they've moved more democratic. there was a latino decisions poll many october where 15% said they felt the democratic party just wanted their votes but weren't willing to stand up for them, and i think that, you're right, harris, it's a huge opportunity for republicans. >> specifically on the issue of immigration, if the gop would wade into the pool with that, if they step up to the plate with that, there are only huge gains to be made, because democrats

have proven they're not going to want to talk about it. the president wants to use his executive pen in order to deal with that issue. >> sandra? >> i can't wait to get to kirsten's column -- [laughter] >> we have the expert on the couch here today, so let's get at it because she is a nationally syndicated "usa today" columnist, and you touch on this issue in your column today. >> what my column was about was about the fact that republicans, if we went back a year -- >> yep. >> we would have said they would just be wiping the floor with democrats. instead, we're going into the last week, and a lot of these races are still very close together, and typically you see them breaking out a lot sooner. we would have seen a couple weeks ago things starting to break in a much heavier way, you wouldn't see georgia, kansas and even kentucky having been in play. it's a surprise, and it makes me ask what's going on with the republicans? because this should be so easy for them. >> that's exactly what i wanted to hit you up on because you said specifically in your column -- great column, by the way -- really, how much easier

could this be for the gop? while bombarding voters with the message of a world out of control which they've pinned on democrats -- i think that's interesting because it ties into our initial conversation about the youth vote turning to republicans now. when asked, 61% of millennials say they are, quote, a great deal or somewhat concerned about another terrorist attack. it's amazing how that's really influencing their decision on who to vote for in this election. >> yeah. i also think if you look at the harvard poll, they're much more ginned-up for voting, so really looking at turnout. if you actually look at what millennials think, they're mostly independent voters, and they mostly don't like either party at all. but what you're seeing in this poll is many more of the ones who like republicans are going to turn out than the ones who like the democrats. which means the ones that like the democrats don't like them that much because they're not turning out to vote. >> you know what i'm curious about, you talk about the young vote, that was president obama's vote. >> uh-huh. >> so i think it may be somewhat

of a commentary, too, on just how toxic he has proven to be -- >> you want to take it lighter than fox -- toxic, it hasn't been delivered. the my millennials can't get jo. the hope and change, i'm getting two resumés a day from lawyers, people who are now graduates, they've passed the bar, and they have nowhere to go. so the current administration isn't delivering for them, maybe they're looking towards a new one. >> specifically, 42% of republicans under 30 say they'll definitely vote compared to just 30% of young democrats. that's a very telling story and a big difference from a couple years ago. new fallout in the aftermath of a crude insult by top obama administration officials during an interview. one of the unidentified officials reportedly calling israel's prime minister, benjamin netanyahu, a chicken blank, rhymes with spit. [laughter] a second official agreeing with that assessment and going on to question netanyahu's political

motives and his willingness to launch an attack against iran and its nuclear facilities. the white house is denying the quote saying it won't apologize or try to figure out who the officials are. but our own ed henry calling the white house out, asking why it has gone after other reporters for their sources but isn't doing so in this case? >> kind of don't care who leaked that story that might have -- not might have, that insulted the prime minister of israel. you've gone after reporters again and again in this administration to find out who leaked information to them, and when it comes to insulting the prime minister, you don't seem to care who leaked it. >> well, ed, i don't think that is an accurate reflection of the administration's policy, and it certainly isn't an accurate reflection of our views of the prime minister of israel. >> hasn't this administration gone after a whole serious of reporters? >> no, they have, and they've put in place measures to insure that journalists in this country are able to do their jobs. >> hmm, kirsten, your reaction. >> they have absolutely gone

after reporters, whistleblowers, they've gone after people who work in the administration if they say something or leak something that the administration doesn't agree with, but then when it's something that -- look, they obviously know who said it. and, you know, i get the feeling they don't really have a problem with it because they have been ruthless -- >> so, arthur -- >> -- in going after people they don't like. >> so in the legal world that i live in, we call it selective prosecution. in fact, i filed motions on behalf of some of my clients because, wait a minute, hold on, you're not prosecuting anyone else for this, but you're only prosecuting my guy? you can't do that. here they've prosecuted all these other people or tried to find out who their sources are, and here they're choosing not to. i think k.p. is right, like, they don't really -- they're not offended by it. so if they're not offended by it, they don't really have the impetus and the fire in the belly to find out. >> and then, of course, the concern is whether this could do

more damage with our relationship, the united states -- >> if that's possible. >> i think that's the biggest problem here. let's not bury the headline. this is the issue here, how damaging is this to our relations that are already so strained with israel, and they should be good, they should be strong, and yet there's this discontent and sense of disrespect that is very pervasive, and it's unacceptable. >> and also, you know, jeffrey goldberg is such a good reporter, he wouldn't just be quoting some b-lister or c-lister, whoever said this -- >> oh, absolutely. >> yeah. >> and by the way, harris, timing is everything, just days before the midterm election. >> you know what makes me scratch my head about this? a kid on the play lot and the bully picked on your friend, and you witnessed it, but you doesn't do anything about it. in a way, it makes you look like you don't care. and maybe it's not fair for us to judge that, but taking action definitely has a meaning. not taking action, there's a lot of gray area there. left you to ask, why not?

>> why not? and i wonder if this, kirsten, leads more democrats that are already running and distancing themselves from president obama, if we'll even see more of that in the days to come. >> i don't know if this is an issue that's going to necessarily move democrats. i think that, you know, anybody who would be bothered by this issue i think is already bothered because this is a relationship that's been -- there's been a lot of tension for a long time -- >> the thing about it, that type of slang or that mud slinging, whatever, was against a different group or a different entity, if it was an anti-homosexual thing, if it was an anti- if it was a racist thing, they'd come down with all of their power to find out who said it, they have to be held accountable, they need to get, you know, get the electric chair. but here it's like, yeah, we're not going to investigate it, it is where it is. that says a lot about where their head is at. >> breaking news, this is a situation we have been watching, a small plane has crashed at the mid continent airport, and this is wichita, kansas. this is brand new video coming

in to fox news now. you can see the plumes of black smoke, this could be seen from miles around. the faa is saying that a twin-engine beechcraft king air lost engine power just after takeoff this morning. again, this is at an airport, the plane crashing into a building on the property while attempting to return to the runway. fire trucks positioned near there, of course, that's what they do. i mean, you always have emergency services that are nearby. they rush to the scene from where they are, putting everything they have on this wreckage, obviously. the faa is referring all questions at this point -- and they are planning a news conference which i understand they're in the middle of right now -- but what we want to bring your attention to is the small plane crash that has gone into a building. as we learn more, of course, we'll bring it to you. wichita, kansas, this morning. and a legal showdown is shaping up after the nurse in maine who was supposed to be under quarantine because she'd been exposed to ebola patients

she'd been working with in west africa is defying orders yet again. remember, she came true the new york -- through the new york area, new jersey area and defied orders after she popped a fever of 101. and she complained about her quarantine in newark, new jersey. now she's home in maine and doesn't want to live by the health officials' warnings that she stay away from people. that's her. so who will the court side with in all this? can they make her stay in? and with the administration dealing with one crisis after another, there's speculation that the president may be looking to clean house, but would it even make a difference at this point? and we are your election headquarters for the midterms and beyond. be sure to tune in for complete coverage next tuesday, bret baier, megyn kelly at 6 p.m. eastern right here on fox news channel. stay close. ♪ ♪ i have a cold.

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and get 50 megabits per second for $89.95. comcast business. built for business. ♪ ♪ >> the nurse in maine who treated ebola patients in west africa and is supposed to be under quarantine is defying orders again with. one day after leaving the house to talk with reporters, kaci hickox went out for a bike ride with her friend. health officials have ordered her to remain in her home for 21 days, but she says there's no need for quarantine because she's not showing any symptoms and has tested negative for ebola twice. but the state disagrees and is seeking a court order to keep her isolated. meanwhile, police have been monitoring her movements and interactions. well, it's on camera, it's not hard to do -- [laughter] but can't arrest her without a judge's decision. kimberly, what's the wait? what's happening? >> look, they're going to evaluate the circumstances, but here's the problem, there is no

uniformity in terms of the protocol that needs to be laid down, right? there's a disconnect between what the state's saying and perhaps the federal government and the cdc because, guess what? this is an evolving situation where you don't know. just because you test negative for ebola today doesn't mean you won't have it tomorrow. so someone who has devoted her life to caring for others, how about having a little extra concern and a little bit of inconvenience to her personal life to be able to stay there for the 21 days. i don't think it's too much to ask, especially from a health care professional. >> keep your powder dry, because i'm coming to you. sandra? >> i'm to go! >> we're going to get to him. >> i'm being quiet. >> i'm going to give sandra a chance. >> she's just being very bold about this, and thank goodness she's on a bike and not going out to, you know, work as a chef in a restaurant -- >> or a bowling alley. >> whatever. i'm not for taking away this woman's liberties, but at the end of the day, we don't know

how ebola is certainly spread because people who believed they were protected ens -- against it, so why can't she just sit down and wait this one out? >> not my turn. >> i said bowling, because that's what the doctor here in new york city did, dr. spencer, and he tested positive for ebola, but he had gone out with symptoms. he said he wasn't feeling great, went for a run, out to bowling, to a restaurant. >> subway. >> the cdc says ebola is spread by sneeze/cough droplets, so we're learning more about this which is what sandra's alluding to, we don't know everything about it. >> it's through bodily fluids, i think we knew it was through those kinds of things, and, look, the medical professionals say until you have symptoms, you are not contagious. she is, i assume, a nurse. she must be taking her temperature and knowing whether she has symptoms. she lives out in the middle of nowhere, in maine, i think she

should be able to go for a bike ride. >> our country is founded on a presumption of liberty. you are presumed to be able to go war you want. -- wherever you want. it is the government who has the burden to show a judge why they have the right to take that away. maybe you've committed a crime. here they need to have five doctors, ten doctors to say, listen, if this person goes out, she's putting other people at risk. >> exactly. >> that's not happening. >> i'm talking about self-accountability and responsibility. >> who is making those decisions to take your liberty away? who? [inaudible conversations] no, no, no, i am listening. you have a governor who's not a doctor -- >> you're not listening. >> no. here's who's not listening, and i'm going to take the easy way out, the president of the united states this weekend should have 25 ex3er9s around -- experts around his table, and they should give his opinion, and he should set a federal policy as to -- >> thanks for bringing that up, because he's quarantining our u.s. soldiers.

you can't come back in here. whoa. why is there a double standard? >> yet hug this woman in an hour. >> there is definitely a double standard, and they need to explain why. but the doctors have ruled, i mean, i think that every doctor has said until you have symptoms, you are not contagious -- >> no, that's not true. doctors on fox business network, kirsten, who have responded to this and said what about the ten seconds or the ten minutes or the hour before that symptom manifests? >> are you symptomatic at that point? >> she's not going into crowds. she's just out by her house -- >> did you see the reporters? [inaudible conversations] >> the point is, a lot of -- then we would have to take everybody, every single person in the hospital down in texas should be quarantined by this account. and i don't -- i think everybody's saying, oh, it's no big deal, it's just a little sacrifice. i think 21 days in your house is a big deal. >> that's called a staycation. >> not to everybody.

>> she's getting paid -- [inaudible] [inaudible conversations] >> so the truth speaks for itself. she has not been arrested. >> a problem getting this judge's order? i'm curious to know -- >> potentially -- >> i think the government is reluctant, the government is reluctant to arrest a law-abiding, u.s. citizen. >> by the way -- >> no. the last thing i want to say, harris, is we have to remember these people are making huge sacrifices to go over there and treat these patients, we don't want to punish them when we get back. >> the president said we could see more cases outside of west africa -- >> and by the way, she's not alone, with her boyfriend. >> the ebola czar will be seen today, he'll be visiting the cdc headquarters. perhaps we'll get to hear from him. growing speculation about a potential shake-up at the white house, but at this point woulds changes in the -- would changes in the president's high-level staff make a difference? also a former male stripper is running if for office, and

he's winning in the polls. but would the same be true if he was a woman candidate? >> yeah. >> kirsten says, yeah. >> how long ago was i that? ♪ ♪ marie callender's knows your favorite dutch apple pie starts

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>> so far no evidence that the president is planning to clean house. so, kimberly, what do you think? do you think he should be cleaning house? >> why wouldn't he, right? why wouldn't your do what's in the best interests of the country and have people who are highly capable and qualified and competent. i think we're too afraid to even asked for that basic modicum of professionalism and ability at a government level, but instead what we do is settle for slim pickings. we've seen that he is very reluctant to ever -- >> although i agree with everything you just said, do you know what -- >> [inaudible] [laughter] >> they need some energy. just some energy. right now it's stale, it's tired, it's -- >> well, they're tired. >> yeah. >> it's tired. >> yeah. >> the new york football jets, they're 1-7, 1-8, they're going to fire their head coach, the general manager and the quarterback. but it's the owner is the same. and the president is the owner, and he needs to reassemble his team and do the best he can

these last couple of months. >> but, sandra, there is an argument to be made that maybe the problem is the president -- >> well, it is. >> very good point. >> is it fair to blame the staff? he's the one that hired all these people. >> whether or not he's even listening to the people that he's employed to be at his side. you talk about business leaders that he supposedly is listening to, and the business world is rather messed up right now. you talk about military leaders who have said things that he has ignored in this crisis with isis. i could -- the list could go on, ebola, that complaint has been out there. >> yeah. >> but if the argument is to put more energy in there, kirsten, we'll employ you with that question. [laughter] how do we do it? >> i don't know. i really think that he is the problem, i don't think it's the staff. and even, you know, john kerry actually hasn't been there that long. he shouldn't be that tired. [laughter] i think that the president tends to surround himself with people who suck up to him, you know? and he doesn't -- he claims that

he, you know -- >> why does he have to do that? >> like lincoln, he was going to have all these people disagreeing with each other, but i don't think he really has. i think he has a lot of kool-aid drinkers, and i think he needs to be able to have people there to confront him. >> but why surround himself with a bunch of psychopants? -- sycophants? we have an ebola response coordinator, ron klain, and so now a week and a half after taking the job on one of the big crises in america right now, which is the fear spreading about ebola, of course, he's going to the cdc. the president sat next to him at a news conference in his first day of work last week, didn't even introduce him, didn't bring him into the conversation. he was making comments -- >> maybe he's been on a 21-day quarantine. >> who, ron klain? he's out and about today, so my question is, if you want to infuse energy, you have to make different choices -- >> exactly. i think it's ultimately him. i think he has been -- people

keep saying he's not served by his staff. well, he chooses the taffe. >> not going to do it. he doesn't want to take criticism. this is what we've got until 2016. you have a chance during the midterm elections to make a difference locally. the lieutenant governor in arkansas revealing an out of ordinary past profession, uh-huh. he used to work as a stripper, yep. in a recent interview, he said that stint -- i love when they call it a stint -- [laughter] many tough jobs he had on a message board called old chippen dales. i'm not making this up. a user recalled he was also known as metro express. [laughter] wearing white tuxes with tails, handing out roses to the ladies and taking everything off. that's one of the job requirements. he is up against republican u.s. representative tim griffin. and he's leading in the polls. with the women? the most recent one putting the

democrat ahead 42-35%. all right. yes! >> well, a pretty big margin too. what can i say? you can't keep a good man down, um -- [laughter] you know, there is a total double standard here. if this was a woman who was in the same exact position, just changed the names, i doubt she would have such an easy -- >> oh, and we have the pictures. >> you're being gentle. >> i am being gentle. he's being presumed, oh, a hard working guy, and this is what he had to do to make ends meet. it doesn't really reflect on his intellect, it reflects on his hard workmanship. whereas if this was a woman, we would be having a different conversation. >> thank you for being fair about that. >> look, maybe he looks great when the lights were dim can, but how long ago was this? [laughter] >> whoa. whoa, harris. >> when you look at his picture, i can't see him, like, working a pole. >> this is the road we're going to go down here? [laughter] >> but, you know, stripping is not illegal. it's not like he did something

illegal, i mean, to bring it back to -- >> well, yeah. i actually think that neither, i think the woman or a man it really should not be something that -- >> what if it was a republican? >> i don't think it should be held against them. >> but, it is. >> that's what i'm saying. unfortunately, it is held against them, and it shouldn't be -- do. >> maybe it shouldn't be, but it is. it's a reflection on their intellect. people, oh, if that's what she's doing, then she's not going up here. it's different. people don't care about a guy. on a woman, if you're promiscuous, you're presumed to be not that intellectually superior. i don't know why it is. >> it's working for him to have held jobs in the past. >> right. >> he's saying i'm a hard working guy, he worked at chicken plants, what else did he do? [laughter] he cleaned out theaters, i mean, he went on and listed -- >> is that his opponent? [laughter]

maybe his opponent actually looks -- >> all tim griffin has to say is i wear clothes. >> you know what? i mean, i don't begrudge people that want to work and earn a living, i do not. we've all had many jobs, everybody at this couch. >> yeah. and like i said, i mean, stripping is not illegal. >> i'm a former stripper. [laughter] >> [inaudible conversations] >> did you hear what she just said? i want her to say it again. >> we need some decorum here. a real stripper became, like, the senator of the -- [inaudible] >> men usually don't strip totally naked. they usually keep that little -- [laughter] i go on the web site all the time. kimberly told me, that's how i know. >> no. >> pulling the rip chord on this one. all right. and is asking about someone's criminal history discriminatory? some colleges seem to think so.

the changes they plan on making and the potential fallout. and man versus shark. how one surfer fended off one of the ocean's deadliest predators as it mauled his leg not once, but twice. head to outnumbered overtime, you can click on the overtime tap. send us your questions, comments, tell us what topic you want to hear more about. twitter, facebook, jump on it. live chat, next.

♪ ♪ >> arrested, convicted? forget about it. now three new york colleges say they will no longer ask applicants about their criminal history, because they say it can amount to an unintended form of discrimination. potentially discouraging people

from seeking higher education. so should we be asking these types of questions, arthursome. >> we definitely should not be asking if people have been arrested. anywhere, forget about school, because there's a presumption of innocence, so a police officer can arrest you and be wrong and you're cleared of all charges, so that should never -- >> but they have a criminal history. >> that's different. >> a conviction. >> a criminal history means a conviction. i would have to err on the side of, yes. they should -- i think an administrator who has to decide between what pool of applicants that, yes, i think that's a piece of information if i'm running a school, i want to know. >> hmm, interesting, because you would do what with that information? >> it would be part of my, of my decision making process. >> so you would discriminate. >> i think kirsten answered it for you. >> yeah. i think once you've paid your debt to society, you should with given another chance to have a life. and, you know, what you're doing to people is you're sort of almost, you're sentencing them

to the rest of their life of never being able to get a job, not being able to get an education. you want them to come out, start with a clean slate, get an education and be able to have a real life. >> but when you take on a new job, this is often a question that you receive, what's the difference? college application -- >> i don't know. i really feel like you might want to know if somebody had a felony -- >> yes, felony. >> -- convictions and if somebody had a -- >> wait. so now arthur just changed his mind. [laughter] >> we have proof that kimberly's a really talented attorney. [laughter] >> defense attorney. >> i said i'm a recovering prosecutor. >> you're already -- it's not about a reference. >> yes. i think you should, i think an administrator should know and should be able to ask you about it. why did you steal, why did you -- >> what about the nature of the crime? i think that does depend -- >> whether it's a violent crime -- >> a violent crime, a sex crime -- >> because asking and discriminating don't necessarily

go in the same box. >> correct. >> having full knowledge that somebody is a sexual predator would be a good thing to know, okay? because you have young people on campus, you might want to know that. now, have they paid their debt to society? fine. we keep records on sexual predators in most states. >> for life usually. >> not a bad idea -- >> not everybody registers. >> does that mean you have to discriminate? no. but you want to know the information. there's nothing wrong with asking and getting information depending on the type of crime. you might want to keep a file, i'm just saying. >> we talking about racial discrimination? because i can at least tell you in the state of new york -- >> where did that come from? >> because the majority of people with a criminal record in the state of new york are not white people. that's a fact, i'm not making that up. you can look that up. is that the kind -- >> you mane -- you mean as a percentage of the population, not a raw number. >> no, i'm talking about both. >> he's saying this could have a discriminatory effect on a minority application pool of

candidates -- >> correct. and i believe that's what they're thinking about. young african-american men who have statistically speaking have higher criminal records than young caucasian men -- >> all right. i hear what you're saying. but if it's a violent crime, if it's a crime against children, if it's a sexual predator type crime, i don't care what you are. >> neither do i. >> maybe you set aside the crime against children, but i just don't think children -- >> dealer, gun runner? domestic violence? >> they could reform their life, and i think, you know, there have been criminology studies that show there are other countries that they seal your records, and there's lower rates of recidivism because they don't have this hanging over them. you're never able to get a fresh start because everybody's judging you -- >> that is the direction we're going in, is to try to prevent the lack of recidivism and help them in any way possible. >> the nature of the crime because the recidivist rates are far higher when it comes to

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kept the supermarket shelves stocked. made sure everyone got their latest gadgets. what's up for the next shift? ah, nothing much. just keeping the lights on. (laugh) nice. doing the big things that move an economy. see you tomorrow, mac. .... .... ... ... ...

>> now it's my turn with this story, this breaking legal story. [laughter] we may expect our partners to be faithful in a relationship, but should we also expect them to regularly have sex with us? well, one sex therapist says because being intimate so important in relationships, she suggests having a, quote-unquote, sex contract with your significant other. the sex prenup would cover such things like frequency, lingerie, toys -- sorry --

>> no, what? >> spicing things up in the bedroom. it doesn't necessarily have to be legally binding, which it won't be. however, there are those that say a sex contract would take the spontaneity out of it. so which way do you do? well, obviously, you know a little bit about the topic since you are with child -- >> arthur! >> it wasn't the immaculate conception. how do we feel? before we say i do, we decide i just want to be honest with you, and this is what i expect over the -- we're going to spend our lives together, get this out of the way now. look, she's blushing, she has tears in her eyes. >> let me answer very seriously on this subject, and i believe what they're getting at is people -- i'm really fighting to get through this. people don't have a conversation before marriage of what's expected of each other, and that's really the problem, right, kimberly? [laughter] >> let me help, let me help -- >> the expert over here. >> yes. i have the contract, it's in the

mind. you ought to know it. you ought to know what you're signing up for, that's the thing. you've got to marry somebody that's come compatible, that has your same speed, flavor -- >> what is the harm of just putting it on a piece of paper? >> hey, if you want to put it on paper, fine. >> there you go. harris? >> marriage is a contract between two people who love each other, and sex is included. it's like a really fine benefit. >> whoa! >> in today's modern era when you have your laptop, your cell phone, this kid pulling on this leg -- >> you know what we do? we shut the >> right? >> i don't think you need to write it down. >> but what if you don't shut it down? wouldn't it be nice to have a -- >> you can't make somebody love you enough to want to be intimate with you. >> i'm turning this around -- >> all right, you're the single lady. >> that's right. this is on paper, it's not legally binding, so what difference is it going to make? if the person isn't doing it,

they don't want to do it. i feel like you could just have that conversation -- >> what about talking about it? >> right. that's what -- i think talking about -- >> arthur, you sound like you're a big fan. >> listen, i've been a lawyer now for, what is it, 22 years? in general, when things are written down can, it just makes things easier for everything else. that's why we do wills. just put it down, my kids are going to get everything everyth. if you expect your partner to be intimate with you twice a week, what's the harm? >> what if you're a freak and you don't want to put that down on paper? you might scare somebody away. >> oh, my gosh. please keep the camera on harris, single shot. [laughter] >> right back to kimberly. >> dr. keith ablow, i don't see the harm in it. i would like to have this in my holster. if we hit a drought, hey, honey -- >> but that's the interesting

part, all the studies that they referenced in this article did insinuate that everybody believes it's the man that wants more relations, and as it turns out, it's often the woman -- >> well, i'm at the ready. [laughter] i take my vitamins, i'm at the ready. >> kimberly, get us out. >> all right. [laughter] i guess i gotta go. so, guys, you probably think this next story's about you. and it it is! because a new study shows that you're so vain. we'll explain. >> arthur will explain. >> how's my hair? >> how long -- ♪ ♪ an important message for americans eligible

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million insurance polices ... put our free service to work for you at no charge. call now and let healthmarkets find the right medicare plan for you - without cost or obligation. call this number. call now. ♪ ♪ i am beautiful no matter what they say. ♪ words can't bring me down... ♪ i am beautiful. well, if your man ever complained about how much time it takes to get ready. guys are the vainer sex and spending four years of their life compared to woman looking good. >> when comparing grooming rituals. men spend two years bathing compared to a woman who spend

eight months. and they spend almost the same amount of time. >> and i mean, how much time does a hairstylist spend. >> i am really in terms of a time management situation. i am here. >> and i once a week in the shower. >> the point is, you have hair and you shave your head. >> i think this has socio-economic undertones. men don't have the time or energy to get their nails done. they work in the coal mines and docs. >> and no way. look at these. nlook at my pedicure. >> no, no, no. >> and the hairstylist, don't forget me. >> i am a hurting dude.

you guys are beautiful women. >> i took it in a different way. you hit on it in terms of the economy. we have an ocean of unemployment for the men in this country. i argue that brings on competition and maybe they are concentrating more on their looks? >> i always try to follow that trend. >> and i think they are more. >> and oh. no, no. i think that this all comes down to the gym. i think at the age of 12 or 13 or whatever and boys, enter into puberty and obsessed with the muscles and physic. >> they are spending time with the women in the gym. >> i like a man to be a man and i find it so unattractive honest to god. we'll stay right here, there is

more to come on "out numbered over time" on the web. fox news.com/outnumbered. and asking us all about the last conversation. so you at noon eastern tomorrow. >> it is back to blood shed after a taste of freedom. gitmo detainees fighting with america's most dangerous enemies. this is "happening now". >> free to fight. former detainees back on the battlefield with isis terrorist. will they attack our troops again. plus, in a chilling admission. a mother killed her only son and she had no choice and now up to the jury to decide if she is guilty of murder. and a surfer.