jenna: cappuccinos? jon: usually black coffee. jon: just for reporting purposes but. jon: outnumbered starts right now. harris: new reaction we are waiting for the white house briefing over the scandal of hillary clinton's exclusive use of a private e-mail during her entire tenure as secretary of state. the fallout raising new questions of why the need for such secrecy. and whether this is what we could expect in a new clinton white house. this is "outnumbered" in here with us today is charis faulkner, kennedy and fox news contributor joann and one like

the guy that you may know as one of james bond's biggest villains. but guess what, he is nice to us. veteran actor and accomplished singer robert davi. welcome, sir. >> so glad to be here with all of you beautiful and intelligent women. >> we have some films coming out. >> we are going to talk about those films. we will see if you will maybe sing a tune for us. >> i don't have the band here. andrea: we have 59 minutes for you to think about it. >> i will do some warming up. andrea: expecting the news brief to begin less than 24 hours after josh earnest suggesting that hillary clinton failed to

follow very specific guidance that members of the obama administration use government e-mail to carry out official business. last night at a gala in washington hillary making no mention of the scandal and this is a report says that two of her most trusted aides, use private e-mail accounts in the course of their duties that state facing their official communications outside of the normal scope of federal record-keeping regulations. charles krauthammer says that this latest scandal surrounding the clinton world fits the pattern that we have seen before. >> it's sort of walks along a fine line and the amazing thing is that they never sought to hide it. she goes for years no one ever receives an e-mail from her that has the state department address. it's all private.

it's as if the clintons are entitled to their own rules on all aspects of public life. andrea: what is next is the story changes by the hour? harris faulkner, a big no-no using private e-mails. >> here is some of the news points if you will out of the notebook for today. could she win this by arguing that the president's new law that was signed accounted for everyone's e-mail. you have to give the government copies so there is an archival notebook of all of that if you will or use only the government e-mail. so that is one way she can say that that law wasn't passed until after i had set up my own e-mail. but then you have to argue why you should never set up a government one alongside of that and it is a question and she did not answer that. we don't know what her answer will be.

ruth marcus puts it best. hillary clinton may have had a serious opponent for the democratic nomination only in herself. this is really working against her. one last point. examining the registry information, which is the server that was set up in her house it reveals that the domain was created in january 2009, one week before president obama was sworn into office. the same day that the clintons confirmation hearings began before the senate. and why then? why a server in your house? >> looking back historically. hillary clinton had her e-mails on top of her ping-pong table in her basement. richard nixon could not find the 18 minutes of tape. he lost his job. will there anything untrendy anything that happens to hillary clinton? >> it's interesting. there is a spokesperson involved, which is the first internet safety program in the country and this is in the

mid-90s. i had a meeting with her in the head of state when she was senator clinton and she was very helpful understanding putting education in the schools. and all of the issues that we had on the internet. so she knows the dangers of the internet. she was very supportive of that. now you have a private e-mail account where again the hacking that happens with sony the hacking can happen anywhere but you shouldn't be able to have i dated a lawyer a general counsel and she was so -- she made sure that her business e-mail only had business. but it never crossed over. that is a corporation and we are talking about the the department and the eternal security.

>> it is true and most people in washington dc, especially the clintons are shrewd enough to know that you need to keep certain things separate and there are certain things that you need to keep on a server. trey gowdy has been all over and says what about the national security implications of her keeping all of this on personal e-mail? is robert mention easily hacked. >> we know what the director of the cia got in trouble for and general petraeus has a plea agreement that he was giving confidential information and we can only imagine what was in these e-mails. that is the majority of mutations that were electronic and she said that a few years ago. she obviously wanted control of all of this information, whether or not what she passed over. but the second thing is that she knew in 2009 that she was going to run for president in 2016. >> she set this up the same day of the confirmation hearing.

>> she also has to know at some point it's not going to become an issue and it became one in trey gowdy's committee when they realize that all of the e-mails they were getting more from a private e-mail address. this is not a secure government address. for her not to think that people are going to somehow look for those e-mails later when she runs for president it's very short-lived. >> especially with regard to benghazi, she wanted to control the storyline. but what about krauthammer's point? we have seen us for decades. hillary clinton is a shady lady. >> but the thing is that shady isn't necessarily illegal, and that is the point she's going to continue to make. it was not illegal for her to use an e-mail that was private and not part of her government job. however i said this earlier, if i got an e-mail from her personal e-mail but didn't say doc, i would question if it was really her or an imposter. you are setting yourself up for failure in that way. everyone is then going to question your business practices and your transparency going forward. >> no one is questioning whether

hillary clinton shouldn't have a personal e-mail. that is not the point. she had the server in her home in chappaqua and we don't know what her on those e-mails. we don't know if they are inappropriate or illegal, we notice. there are strict at the gloucester were passed by congress against this type of thing and by the administration. >> the federal records act, i should say, came into play after this if you will. she had a hearty supper account. but once i it came into play then the question should have been asked if you're going to be e-mailing the president, are you e-mailing him from your government account the lab yet set up by matt because now you have an open conduit for the president. the white house, according to ed henry, he asked whether the white house has commented on that. and they said not yet. and that is a conduit.

>> and all the other heads of state from all the nations. >> she hates transparency, which is really dangerous. to think and choose the president, this administration has such a problem with transparency we cannot afford as a nation for that to happen. >> do we want the future president of the united states to be a shady lady. and the day after benjamin netanyahu gave a controversial speech to congress, he is defending himself from scathing criticism. so was the democratic response to the leader of our longtime ally fair? or was it completely out of line? and the relationship between the white house and the media is being called the least open that it has ever been. another story about questionable transparency and the administration according to a new study. what might be to blame for all of us. and right after the show catch more from the couch on the web.

it is called "outnumbered." you can click the overtime it is very easy it's more "outnumbered." you asked for it and we are taking your song requests for robert davi. [laughter] ♪ help brazil reduce its overall reliance

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harris: you are watching "outnumbered" and we are glad that you are. you fallout after benjamin netanyahu had just given his controversial speech to congress. back in israel he said that he provided a practical alternative to nuclear deal and that u.s. lawmakers had better understand why they feel they are working on right now is bad. this after president obama said the prime minister's address offered nothing new. no viable choices on keeping the islamic republic from getting nuclear weapons, but marco rubio suggesting the obama administration has its own agenda. >> they want the deal to be for the second term what obamacare was for the first and that is the cornerstone for his legacy and what he wants to be able to raise that he is the one that did a peace deal with iran. harris: you saw it here live

democrats slamming him after his speech including nancy cohen rosie who called a condescending who said they got her near tears. >> the response everything about the reaction of so many on the other side of the aisle to the leader of our greatest allies, this is an oasis of freedom and democracy and we are going to turn our back benjamin netanyahu-whoever he is. it's not about personality, but it should be about policy. harris: turning over to robert davi. he was kind of a rock star on the floor. >> this is a speech to the american people want to hear from the president of the united states dealing with radical islam and the difficulty and the problem we have in the world today. they want to see someone morally

committed to battling this issue and not wishy-washy or trying to give some kind of appeasement. to say that he did not lay out a plan well he did, in a way. he said i could live with what you are doing if the sanctions continued on and if there is still some kind of being able to keep them in a box over a period of time. so here you have -- that is what the reaction is because i watched a whole speech and i was enthralled with the speech. someone framed it. so someone watching matt can follow his thought and get the emotional response that they need that america needs behind us. i recently wrote about the horror, that brando talks about where they went into a village and then inoculated all the children's arms and left. quickly afterwards a bunch of people came out old men crying, came after them and they went

back to the village and they had inoculated the arms of the children and they started to cry like an old grandmother. this is the moral coverage and conviction that they had been so we are talking about nuclear weapons and that kind of mindset. this is the most egregious situation. >> you know, i am curious the day after as we turned it benjamin netanyahu got a big buildup because the president put a focal point on her. how do you think this is playing out? >> i think some of them look silly for not attending and i think it would've been a much

more powerful response if there was more of a curiosity about what he was saying and if it needed correction and there is a way of addressing that without being condescending. disfiguring out which words to fill in and that is so offputting to the american people we don't need anymore of that. there is something to be added to that, if there is an addendum or in any way has to be a changing things. >> i love what the president said and here's what i want to add to it. >> basically he was criticizing the president's plan is not easy for anyone to take that. but that being said if you think what he said is wrong give us a speech and tell us why, bring other options to the table. >> it's so interesting what you are saying. much of which we don't have the

details in the form out. and we have been pressing as journalists to get more information and that speech was cohesive in the fact that it's sort of put it in order. >> after the speech yesterday she said i'm not comfortable, i would prefer something longer but nancy pelosi saying that she's going to cry. really? likely woman doesn't even point. you have to be able to blink to be able to cry. when you look at the response, it was so vitriolic. the democrats now treat israel worse than they treat the islamic republic of iran. and as robert points out i don't think that the administration is proceeding with caution, i think that they are proceeding with profound naïveté to think that we can trust an enemy. that they are going to follow these regulations and if they don't, then what? were we going to do about it and i would also ask this if i were a constituent especially if i was a jewish american, i would

ask those members that boycotted and say does leadership now have these new friends? do they have 60 new friends in congress? >> i think it was the senator from new jersey who brought up the point he said he wanted to hear what benjamin netanyahu sedges so he would have information. he said i don't want to be bullied and i'm paraphrasing him now in terms of this deal, but i want to know about it. >> the criticism was he has been thwarted by the president, i think that he had no choice. what we do know is that a new study from the columbia journalism school confirming a long-standing belief that the current white house relationship with the media is far from open and transparent with the study study saying that the relationship between the president and the press is more different than it has been and a half century.

including every official exchange that he had with the press corps revealing a white house determined to work with the press and by extension the public. while this puts a lot of the blame on the white house it says that social media and the quick nature of the 24/7 new cycle could also be this culprit. josh earnest has stopped holding off the record tackles in his office because reporters would just stand around tweeting everything that they talked about. >> i don't think they understand what off the record is. okay so talking to ed henry the white house chiefs responded. he said reporters always want more information and so took every administration that they find us. but they said even the public is starting to notice how nontransparent it is because the president has had so many of these news conferences many more than other presidents have had to we looked at and i think

that -- i know that george bush had 39, bill clinton also had 50 just like obama at this point. my point is that the public has been able to see long winded answers. >> he goes on and as that's and then they still have questions that require more accountability. like pyongyang or beijing, which incredibly they have their own weekly white house new show called west wing week and that is where you can find out what the president wants you to see. >> we have this lack of transparency and i can't see

where he wrote about it. since the president of the united states of america there was $2 million spent on putting the lid on whatever else he may have done it is that unprecedented? and maybe would you expect? >> we knew his situation. we knew everything about this except for control. they want to control the media will, they are not getting the growing pieces that they did when they first came into office, so they are doing to very sketchy things, first they are trying to spy on the associated press newsroom and that is paranoia at its extreme fever pitch. and number two you see the president subverting the press

corps you know they want to go to a more friendly audience which they have to answer russians at some point. shame on the mainstream media for not doing their due diligence. >> obama is making their jobs very difficult when he's not taking all of these questions and giving the same answers and then he go ahead and try goes ahead and blames the media for everything. he doesn't like what he is seeing but it's his own doing. >> opening arguments today on the boston marathon bombing trial coming up. plus, obamacare heads to the supreme court. once again a corner store

cornerstone of legislation. we will have that next on "outnumbered"

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>> welcome back to "outnumbered." obamacare facing a new challenge. the justices heard arguments in a case that has the potential to unravel the entire health care law. at issue is the legality of the decision by the irs to extend health care subsidies to millions of americans and more than 30 states. shannon bream is live outside the supreme court with more. reporter: i just stepped out and i have to tell you that the courtroom was packed with a who's who of the health care law. nancy pelosi, several of the senators, all of them sitting in the front moro along with hh secretary capping sebelius and the current secretary who said repeatedly there is really no backup plan for the administration if they lose their case. it's all about whether the subsidies of the irs did not set

up state exchanges. whether that was a balloting for the irs to do or not. but they say would be too expensive for them otherwise the government has made a way for them to be able to pay for it. it says in the law that subsidies would only go into states where exchanges had been set up. jonathan gruber himself had said that repeatedly. these justices are leaning to the left and are very much in support of the government, so we kept our eyes were what this makes all the differences here. were they are voting to uphold obamacare. and anthony kennedy the swing justice. both of them are very close to

that. the chief justice of the really say a lot. basically that means you were going to have to wait until the end of june and then we will come running out of the pennant and let you know. andrea: this court ruling to determine the entire ruling of the obamacare lot and it's very clear. this is not a drafting error, the lot was deliberate we set up this way as part of a deal that they cutlet senator ben nelson to give the states more state implementation and it wasn't a looksee. >> that's right, we have to understand that this is the biggest lunacy of all time. how there was an public outrage about not knowing this the american people in terms of transparency, later they said it was part of the irs and part of a taxation thing and here we are again with this issue. and so i have to say one thing. i blame the gop for not taking

the lead on this one they should have. we knew we needed health care change and some different ideas and that way we do need that. so the gop is not able to sell their ideas to the american people. >> they have that at the white house, paul ryan was being there with his proposals republicans did have a number of proposals. but they said we don't care what you think. so there's six words in the document that talk about the subsidies. the six words appear 11 different times in the documents. the attorney for the challengers say that if there is no intention regarding this why didn't they reworded? and he says that the very wording suggest that the subsidies needed to exist as an incentive for the states to set

them up by putting it directly and the document in a set of course you had to read it. >> yes we had heard jonathan gruber said say specifically that the law was intended that way and as harris points out to incentivize states and do it that way. my fear is that the justice roberts, we have seen him twist the lot into a pretzel to try to get the political outcomes that you wanted. >> it just seems that the american people are talking about this. you're either paying what you can't afford or you don't have health insurance. we are looking at this wording and the law and everything in and the people that were suffering, the subsidies make health care affordable. if these people do not have it it is not affordable. people are going to drop the plans and then the system is going to unravel. >> you talk about this case a lot. do you have any fear that the

supreme court is worried about the political ramifications? >> that is what the white house is banking on. that is why silvio burwell said we don't have a fix for this. it's actually political strategy. so this report is honestly going to have to wait behind closed doors immediately after they hear an argument and later on when the decisions are written how important that really is. and is that the job of the supreme court and are they supposed to weigh politic decisions or focus on the constitution and the way that the laws are written. and i think it they really consider this, they should consider the equal protection clause and people not being saddled with having to pay for six peoples insurance. >> it comes to bear i have read that of the 373 of them are working to get their own exchanges, that some 9 million

people are going to lose their health insurance. joanne lays it out perfectly. here is the question. do they have to pay than fee for not having a? >> they do not. if you can't insurance and if it's not affordable the individual mandate has not kicked in. and now we will see what the president is going to do. is he going to have the multistate exchanges? >> and is out there for other states where they can't afford even notice. >> and will it still exist for places like california and washington and those that have this. >> they fear those headlines that you talked about they don't want to be responsible for that. >> no development.

this pitching legend curt schilling says the comments on the computer involving his daughter broke the law. you are going to love this story. úr#b

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>> new fallout on the curt schilling twitter feud. he is a former. he said there are people that commented his daughter with offensive compounds. it all began when he congratulated his daughter for playing college softball next year. he told usa today that i am looking at the legal path that we would like to go down. my daughter is a minor and they are men who have threatened her sexually. they are going to be men that have the word sex offender attached their lives to the rest of their lives. one man that he outed on twitter

had 30 lost their job and several others have been booted from college athletics. >> you have to protect your children you know even the mother of my children do not want the kids to have problems like this. but when you have a society when you have a rap music that says words that are being tweeted about, it becomes a different ease and being able to communicate or think you can't communicate at him. and that privacy issues of twitter. it's almost like separated from who you are and you think you can get away with this program like 17 years old. >> so here you talk about hollywood in that way.

>> i have talked about this in films in terms of this. but having a girl being fearful for congratulations that is about her safety. my sister was murdered by her asked boyfriend, shot in the stomach and put in a shallow grave. whether it started and nestlé are not as much with a tweet like this, some of that said rape and other things, as a dad coming you better believe that i'm going to be protected. and i think that people should be able to relate to that. >> when you look at those comedy outings of their names in the blog and in social media, why is it an outing? they are on twitter. they have pictures of themselves do you see the argument they're? >> a lot of people think that they are anonymous.

he was kind of going after people he said he wanted to get in the car and go over and kill them. and this is his daughter, she is she's still a teenager and i understand that, but at some point we get it people have been fired, they lost their scholarships everyone can learn a lesson from this. but i think at some point you have to stop and maybe not pursue every legal path and have people thrown in jail for saying things on twitter. >> hold them accountable. >> yes it's like where does it end. >> i don't know it seems that he is pretty fired up and i say good for him. he is setting this up. maybe people will think twice about sending tweets about raping minors. i mean people feel like they have so much ricotta when they are sitting behind their computers and they want to say to their followers. but they don't want to get

called out when you call them out. >> we have to know where there is a difference. if it's not going to hurt you specifically, you know, that's not a threat to your life, you need to do your best to ignore it because reading it will only hurt yourself, it's best to ignore it. it is great that he has this but he's famous and can get this stuff done but normal dads cannot. so it's kind of hard to do. >> déjà vu. old man winter bearing down. the latest storm packing heavy snow all the way from texas to new england. and disney under fire as critics take aim at cinderella's impossibly small waistline. and the upcoming live-action reboot. and in hollywood once again are

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>> more in just a moment but first i went to jon scott with what coming up in the second hour of happening now. >> the oral arguments wrapping up in the latest supreme court test of obamacare. a win for the plaintiff to get their insurance through federal exchanges, it could mean a million people losing health insurance coverage, it would gut obamacare overall. the court appears sharply split on the arguments and we have in-depth analysis for those that hold opposing views with the court. the dow jones down more than 80%, but health care is up after the supreme court expressing skepticism. we will get a check on the market and more weather for much of the nation's storms from texas to maine and more snow for new england. we have a live update on the fox

extreme weather center. >> walt disney pictures of facing fire from critics about upcoming cinderella. are they going too far to make her perfect? and in doing so are they creating a non-healthy body image? were special effects used to swim her waist down? but the star is start is responding to the rumors telling the "l.a. times" that i'm actually want to have a really small waist, the corset pulls me in, that is the shape that the costume designer created. so is this promoting an unhealthy body image what that they're? >> i don't think so, it is unnaturally small. they have these unattainable figures. but you are a former ute

contestant, you probably have a lot of scrutiny when you're on the stage. do you think this is not healthy? i think people realize that that is not normal. >> i don't think i could ever get my waist to that size. but you think that what we should do is get rid of this altogether? >> i'm glad that you brought that up because i call it the princess syndrome and it starts when girls are toddlers, michael's they should feel good about themselves. micros have this imaginative play. but then you want to be a princess and somehow it somewhere again. >> what i will say is that batman has rippling muscles and

the bulls. is that an unnecessary thing? >> speak for yourself. [laughter] >> we talk about that all the time. but haven't we shown some good representations? we have some good friends and princesses. >> at the character. just like shrek is a character. and the thing that robert said he said that he has done some coarsening. is that true? [laughter] >> you do different things, that came from this victorian era and it's also a bit deceiving because this makes the waist look smaller. so you have a certain one that goes around there and it does taper it down. but that being said girls -- we

have a nation that maybe eats too much not to be anorexic, not the girl has to have that kind of waste, but if you want to wear a costume that has a hoop a mile wide,. >> i would kill to have a corset on right now. >> a big-time hollywood actor and there's more. he can give blue eyes a run for his money. robert will tell us about his new film out this spring. ♪ ♪ ds' ice time. before earning 1% cash back everywhere, every time. and 2% back at the grocery store. even before she got 3% back on gas

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♪ ♪ >> it is our own hash tag. covering freight sonatas that's my life. and as you just saw, he is an accomplished jazz band. you have a movie called "that's my life."

>> that's right, they ran the club scene in new york and really revolutionizing the club scene and then brought it to i pronounced her name wrong and the real underbelly and what it is like behind the scenes. >> is that turtle? >> he's great. and jerry is in it and danny is jury is in it, he is a terrific actor and became friends and now he is producing a documentary on the 100 anniversary of sinatra's birth. >> you are getting ready for this big european tour. >> yes i'm going to be in buddapest and estoppia and la tvian and sweden and big show may ninety-ninth and unveil specifics in los angeles. a very big interesting show.

i will be going to italy to do a show there and i will be doing with robin dimaggio. music director of the united nations. >> and booked after that. >> and june and july 4th. >> can we pop up the picture of license to kill, james bond. did you keep this? >> i couldn't it is from mexico. it didn't like lisa soto. he said he knows you are going to betray me? but my wife and son got an igua na. >> did you ice it up. >> no diamonds. my son got it actually. i wouldn't put a who bes. a rubber map. >> and we are going to stay

right here for outnumbered on over time. more with robert da vi. fox news.comslash outnumbered and click on the overtime tab. noon eastern happening now. court will rule is unclear. the arguments and the signals the justices are giving. we'll cover all of the news on "happening now". >> obama care is here to stay. >> hi, drama in the nation's highest court. the supreme court hears oral argument in a case that could unravel the president's pride and joy, obama care. >> and good news for america's pick me up. why researcher ares say you might want to have an extra cup of coffee in the morning.