"outnumbered" starts now. we are back in an hour. this is "outnumbered." i am andrea harris faulkner, sandra smith, and julie and today's #oneluckyguy we welcome the >> host: massi, is on the couch. >> this is different. i am okay. used to watching it on tv. >> you live in vegas? >> i do.

>> the steak are -- the stakes are high here. >> we will have a good time. >> your new show is premiering tomorrow and congrats. >> thank you. >> we are awaiting a news conference in san francisco where the sheriff is expected to respond to the firestorm he has been receiving for freeing francisco sanchez. the 45-year-old sanchez was a repeat offender who had been deported five times admitted he accidently shot and killed kate steinle as she was walking with her father on a poplar pier. the controversy is intensifying as republican lawmakers work on legislation to crack down on the so-called sanctuary cities. duncan hunter talks on that: >> reporter: there is resistance across the board. they cannot secure the border can't withhold funding from

sanctuary cities there is resistant from that because it is too mean but we have to punch these cities in the gut. we have to hit them where it hurts and that is in their pocket. >> meantime growing questions about the virtual radio silence from the white house on kate steinle's death and how that compares to the attention the administration paid to other high profile deaths. megyn kelly with her reaction: >> reporter: josh ernest declined to weigh in on the case other than referring folks to the department of homeland security. a stark contrast after michael brown was killed in ferguson missouri. a man we know was attacking a police officer at the time of his death. his funeral saw three obama officials in attendance and his death drew comments from president obama personal ohioly and the administration sent in the

doj and 40 might be agents dispatched to missouri after michael brown was killed. where is the swarm of officials hoo hoohere? >> i think and probably the administration won't admit this but there is no strategy what to do with this. you knew with michael brown and martin they wanted to get a point across. there is confusion on what to do. there is sympathy toward the concept of sanctuary cities and their argument they don't want to arrest illegal immigrants because they want cooperation but ice is something the obama

administration has been focused on and deported more than any president it is said by some. i think there is confusion in the administration about what they do believe and when you don't have a policy to advocate you stay away and don't engage. >> i think the policy is they don't want to enforce the law on the book. tha the ice department released 30,000 criminals. if president obama speaks out about it his record which is abyssmal, is front and center. >> you have to have an agenda. you have the former attorney general called on things we saw in the last six to eight months. there is no reason why someone should be stepping up from the feds and that is the fact there was a lack of communication to the feds which has nothing to do with sanctuary. it has to do with the fact all they had to do was pick up the

phone and say this guy here needs to be deported. you don't need an agenda. you get the ag saying what is going on and why is this happening. they didn't do anything. >> harris i took a look at the san francisco law this morning, and read it. it turns out listen how crazy this is. it turns out they could not pick up the phone and call. sanchez could come back in the united states multiple times and the only way you can do something about it in a city like san francisco is if they commit a felony. any immigrant standing on a pier, the cops have no right to question him about anything. >> he is a repeat felony offender. i have the law. the city sanctuary law prohibits city employees from helping federal authorities with arrest or investigations unless required by law or warrant. however it doesn't prohibit local law enforcement from picking up the phone and

informing ice they have arrested someone in the country illegally for a felony offense or has prior felony convictions and he falls into the second category even if they could not tie him to this murder he fell in the second category. i have a taken a wheatbeating this week because the white house who knows what they did privately, needs to pick up the phone and apologize to that family the way it has -- i am sorry for the death -- doesn't have to say they caused it but there is no reporting they even reached out. >> it is one thing to say where is the outrage and another is where is the acknowledgment. josh ernest avoids the question all together. no comment whatsoever. you look at community groups in support of the sanctuary cities and this law and they are saying based on this incident alone we

need to relook at it. why not a comment like that from the obama administration? >> you are right about that and it goes back to what i originally said and that is when there is no policy attached to the acknowledgment the default reaction is let's pretend it doesn't exist. >> there are existing congregation immigration laws on the book the administration will not enforce? >> the administration doesn't want to do anything with this right now. >> why? >> i don't know. but i agree they should have picked up the phone and called the poor girl's family. >> why does it have to be a policy? a common person would pick up the phone and do something. there should be a consequence for not communitycating to the feds. >> when the attorney general calls the family -- >> you want local authorities to wanting the white house to call. if you are the president of the united states you pick up the phone and call this family going

through the devastation and saying i am sorry just a common acknowledgment for what you went through. the initial follow-up will be from all of us and everybody else what are you going to do? it is clear they don't know. that is why they are not calling. >> take a closer look at the sanctuary policy. maybe they will call senator diane feinstein and ask what she meant in 1985. >> they cannot do that. they believe in the core principles of sanctuary cities. look at the way they released criminals on the street and come after governors like jan brewer who is simply asking for identification. for them to stand up at the podium they would have to be prepared to say we will do our job and follow the law. >> are they waiting for this to happen again? they will have to respond, look at this acknowledge this and there is going to be growing outrage over this.

god forbid this happens again and that is why there should be action. >> it doesn't make sense bob. it is one thing to pick up the phone and call ice but it is another a lot of the criminals are not in custody. you cannot pick up the phone when the guy is on the loose and that was the case. you have criminals running around and you cannot pick up the phone saying ice we need your help. sanctuary laws for bids the city from doing that >> this didn't happen overnight. between this happening what trump said and everything else, this is bringing it to the forefront but there is no cooperation or concern. to think of the rap sheet and how many times he came in and this beautiful girl is laid to rest how do you reconcile that in your head? how can you be a sheriff, an authority, and not show extensive compassion? i saw no compassion, i am sorry, nothing. and that hurt more than anything

else. >> this guy sanchez told the reporter who asked him did you come to the city because of the sanctuary law? and he said if the court found me guilty i would not mind it. he doesn't want to leave under any circumstances >> and this from a white house that was reelected from a war of women. talk about a war on women we have a dead one. a cyber breach of breath taking proportion. more than 22 million americans affected 1-15 americans, and there are growing calls for the head of the agency to be fired and what will the white house do about that? and secretary of state john kerry saying he will walk away if is a bad deal and whether he should and where the talks go from here up next.

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♪ whoa what are you doing? putting on a movie. i'm trying to watch the game here. look i need this right now ok? come on i don't want to watch that. too bad this is happening. fine, what if i just put up the x1 sports app right here. ah jeez it's so close. he just loves her so much. do it. come on. do it. come on! yes! awww, yes! that is what i'm talking about. baby. call and upgrade to get x1 today. ♪ welcome back to "outnumbered." stunning numbers showing a hack of government computers was hearse than initially thought and we know 22.1 million people were affected and that is 1-15

americans. hackers downloaded social security numbers, health histories, residence and employment data and information on employees family and friends. this happening under the head of the office of personal management who insist she will not resign even though lawmakers are calling for her to be fired on both side. john boehner saying i have no confidence the leadership at opm can take on the task of restoring the national security. president obama must take a stand against incompetence. they said there is no evidence the stolen data is being used or what they plan to use. huge questions outstanding and a huge loss of trust in the government to handle this. >> and the usage is irrelevant.

it is the fact someone was able to get access to it. we talked earlier today not only that it goes to your records. if you are a federal employee even the references you put down they have that information. and correct me if i am wrong, wasn't this a year ago past may of '14 when it started and we just learned of it 13-14 months later >> so there is no immediate reaction and movement? we have taken that much outrage from the balloon. >> you said that somebody referenceing who got this information and that is the big outstanding question is who is all of this private information in the hands of right now? one big answer could be china. they are not ruling out china has all of the data.

>> think about what the kbg would do with this information? people with top security clearance are supposed to be anonymous. and you see every form. did they get the president form? current white house official forms? what could be on the form? it could be embarrassing drug use, affairs and it could jeopardize national security. the journal said the largest security breaches in u.s. history, one snowden and this, happened within the last two years. who is in charge? >> she is not going to resign even though there are calls from both parties. she said she inherited an outdated legacy system. >> when the harry truman line

the buck stops with you? she needs to go. i get she inherited an old system and we probably need into invest more money in beefing up security -- >> but someone has to take responsibility because you know, i used to work at the federal government i am wondering if my data was breached. you are probably right, it probably is the chinese and god knows what they are going to do with it. they are not our friend or allies. there is no excuse for the united states government which should have the best security system in the world to be hacked by china russia, by anybody. there is no excuse for it. someone needs to take responsibility and i am sorry she is in charge. >> andrea brings up a good point. why now? what happened in the last 24 months this is getting so much worse so much more quickly? the video from a hearing on

capitol hill to testify i quack quack -- watched and there were times the same questions were asked over and over again because the numbers didn't match up. was that because the information wasn't correct or is something else going on? >> i know this is a ridiculous statement to make. you do the right thing and say i am going to step away. how about just finally doing the right thing and stepping a >> no body else has been forced to resign. >> there is the message we are sending if it were china. the message by not doing anything about it. >> why in the last 24 months? maybe your answer is because they know we are vulnerable. >> the numbers are out. jeb bush and his allies raising

more than $100 million. could this impact the race and intimidate the gop rivals? and non u.s. citizens getting to vote in local elections is what is being proposed by some in our nation's capital. -- capitalol --

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scare on both side of the aisle. >> this reminds me of the saying if tequila can't give you a personality nothing will. if all of this money can't propel jeb bush and get people excited nothing will. i think julie in this case because there are so many people in the race all of the money i don't know if it will help the way it would if it wasn't such a crowded field. >> i think there is a level of bush fatigue among republicans. >> i have to tell you i have spent a lot of candidate's money effectively and it will buy you a lot of personality and making you the cool guy in the room. >> mitt romney had plenty of money. >> he got the nomination too. >> i think we need a meme and i think donald trump changed things. he can do all of this without

any fundraising. he said it at his announcement. he is independent from this. >> you think he is going to write a $100 million check? >> i have no idea. but he has personality and didn't have to spend as andrea said any of this. if he can do it it makes you wonder he might be more serious than people give hem credit for. >> sandra you talked to people on wall street and do you think this is a problem for him? he used to work for lehman brothers and >> if he has to go against hillary clinton he is showing he can match her campaign money and she gets her campaign money from wall street right? most of the big banks are

contributing to hillary clinton. >> i think this only increases the level of competition for jeb bush and intimidates the other candidates. you will have to tell me but if we can do that kind of money today i think he will continue to do it down the road. that is what is going to make him the best candidate against hillary. >> after 20 years, we are looking at another clinton-bush presidency and no disrespect to jeb bush but is this all we have? >> that is what i am saying. >> is a jeb bush going to be able to win? >> iowa first, then new hampshire and you have to think you may have boat loads of cash but can that cash help you win in a state like iowa if you are jeb bush who conservatives deeply dislike? >> i think there a lot of candidates on the republican side for whom new hampshire is a due or die state.

jeb bush christ christie and others from the middle east who establish themselves as the people who can't win iowa so better do well in new hampshire. stay >> you are saying he might not spin this cash to get out of the primary and i am toying with the idea of who is best to go up against hillary clinton and you said that too. >> primary is different than general election. you have to win the nomination before getting the general. if you don't want iowa you have to focus on new hampshire. you have to put points on the board. >> out of the pack to win iowa? >> yes. >> iowa i suspect someone like scott walker but you go on new hampshire and the question here is is this money going to help

or hurt somebody like marco rubio. >> there is a growing debate over giving non-citizens the right to vote. this was brought up in new york city first and now city council members in washington, d.c. are throwing support behind the bill let letting permitant residents vote in elections. activist are having opposite reactions saying this legislation is of concern to the individuals aware of the long, historical struggle to secure the right to vote for all american citizens. for many the right to vote is the essence of citizenship. sandra you comment. >> you are not an american citizen so you don't have the right to vote.

where do we go with this? >> i am with you. >> did washington, d.c. become its own country and secede from the union? >> i am an immigrant and i think you know. and i remember who my parents got their citizenship and went into the voting booth understanding they are americans. the privilege of being an american is you have the right to vote and the fact anybody can vote because just they have residency what is that all about? what does it mean to be an american citizen if not you have the privilege voting for the representative government you want? >> you would agree it is not just washington, d.c. but it is new york city. there is a belief you don't need a drivers license to vote not citizenship or no more rules. >> two weeks ago a friend of mine was sworn in as an american

citizen and i went. every american should go. these people love america and studied the history and put their right hand up to god saying i will defend and love this country. it is great they are residents but not citizens. finish the path like the others put your hand to god and pledge allegiance to the flag and if not you will not vote. i don't want to hear about it. >> after all of the news about how incompetent the government is how do you prevent people from flying from other countries and voting? this idea is lunacy. >> i look at our history as a country. women couldn't vote, people of color couldn't vote when you look at that does it mean none of that counted? if anybody can do it and we are

talking about one district and my senses are offended by the idea we don't respect where we come from. >> it is on the liberal wish list. >> i am a liberal and i think this is nutty. i think you have to be an american citizen. membership as american express used to say has its privileges >> i like that. >> look at us identifying and agreeing. i want to break in with breaking news. based on our conversation on the administration revealing that the government hack affected 1-15 americans according to reports right now congressional sources in various reports the opm director has resigned. we just had a conversation on

this guys. there were calls for her to resign from both sides of the aisle. we are talking about a hack involving 22.1 million people and she has now resigned. >> "the new york times" is reporting this. it is so interesting the timing of this. as we have been talking about on the couch something had to be done on quickly. this happened over a year ago this started happening and the outrage is building. they did a drip drip drip with the information but it still has the same affects and as you said truman said the buck stops and apparently with her. >> apparently to plea to resign got to her. >> oh it is friday. it is summer. perfect for friday afternoon. "outnumbered" and she is out. the question now is what is next? who is going to talk her place

and how will they fix it? >> and will they bring accountability? >> and will they fear julie? >> they better >> potential battle for jason pier paul tweeting a photo of the athletes private medical records revealing his finger was amputated after a fourth of july accident. what kind of legal recourse does he have? and a reaction from an actress who saw a theater goer texting during and performance and we will tell you what she did and talk about if it was justified. vo: with beyond natural dry pet food, you can trust our labels. when we say real meat is the first ingredient, it is number one. when we say there's no corn, wheat or soy it's not there. learn more at purinabeyond.com

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"outnumbered." there could be a battle over the image of jason pier paul's hospital reports being tweeted after loosing a finger from a fourth of july mishap. they are saying someone broke the laws of privacy hospitals and doctors are supposed to abide by. the hospital is investigating the matter saying if any employees leaked the records they will be disciplined and perhaps fired. this report is trigger ethical concerns as well. bob, was there a law broken if someone who worked at the hospital handed this medical record over to a journalist? >> sure. hippa laws don't apply to the media. it only applies with the medical providers and invasion of privacy with huge targets

involved for privacy purposes. probably would happen with someone paid somebody with a friend and this is a big story and i will take care of low and someone who is naive and wasn't thinking turned it over and now there is a consequence. >> this could have reprecussions down the road. he may not be able to function like he used it. >> and the question is how many medical records are. was it just for that one hospitalization or other information that could basically cost him millions of dollars. >> you are talking about what could have happened right after the incident. >> you mention money changing hands. it could be as simple as we have sources >> that is right. >> does this make that report

and open espn up to legality? >> everybody's name. and unfortunately in our business you name everybody that you think and you let them all fight to get out. if that reporter who makes, if you will espn liable boy by their actions they will put what we call ducks in a row and finding out more information and naming them later. >> we know what hippa is and as a journalist we know we don't supersede supersede supersede hippa. >> we saw the outrage after joan rivers passed away and how they were getting information. what could happen? jail time? does anything happen? >> they will tell us if a criminal code is violated.

we know there are civil consequences. you are talking about an invasion of privacy that could be monetized and affect this career. i don't know if there is anything on the book for criminals. >> he affected his own career with the fireworks. >> that is another story. super pop star ariana grande is sorry she said he hates americans because we eat big donuts while she apparently licks them. she is extra sorry now. look at this: >> i apologize for my poor choice of words and for my behavior. it makes you never want to behave that way again seeing it on camera. >> she may be sorry and we will debate that but she may in trouble with the law.

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a big celebrity we told you about yesterday with a big mouth that got her in big trouble is saying she is big-time sorry again. pop star ariana grande, big get it? releasing a video apology on youtube for her anti-america comments. >> i am appallologizeing because i feel like being real to yourself and behaving poorly and seeing a video that you have no idea was taken is a rude awakening and you don't know what to do. i was so disgusted with myself. i shoved my face into a pillow and wanted to disappear but instead i will for forward and own up to what i did and take

responsibility saying i am sorry. >> that woman is 22 years old. this is a video that went viral where grande was caught on camera apparently licking donuts maliciously according to an investigation going on. they are investigating it. >> i was on a tray in the donut shop and saying she hates america and americans. police say she is being investigated now. you know, what, you have thoughts on this and i am curious to know what they are. >> i do. i don't care that she hates america. that is her opinion. but i care about buying a donut with her dna that she licked. what is she sorry about? that there was a video and she got busted? >> the owner of the store says

all of those donuts were sold. meaning the donuts she licked were sold by other people. >> they wanted to know if she purchased them and they were taken off the premises. >> if you had bought one if justin beiber saliva there would be 12 year olds raising money. >> the donut shop has been mobbed after this. >> have we now really become the society of the only time we get outraged is when there is video? >> of course. a picture is worth a thousand words. you are ready to say is this all of the sheriff's office has time to do? go investigate this donut shop?

are you serious? and by the way i don't know about you but i felt like she just passed a joint to someone. he was wasted looking. >> by the way, #donutgate is going on. >> we got away from the grande story. veteran broadway actress patty lopone is done with people text while she is on stage performing. she noticed an audience member in one of the front rows who was texting throughout the show and staying in character she took the audience members' hand and slid the woman's phone away from her. it was returned after the show. and patty telling "the new york times" quote i don't know why they buy patience the ticket or come to the theater if they cannot let go of the phone? it is controlling them and they cannot turn it off. they are inconsiderate and self

absorbed people. >> i loved she did this. she is so right. if you are paying to go see her, put the phone down there is nothing more annoying to a performer and i talked to a couple saying there is more annoying than walking out and you can see them with their phone up and video taping them. no one is present in the moment. watching an audience full of people? >> why do i get a sense a lawyer somewhere is going to sue her for assault? >> she just slipped it out of her hand. >> i am just saying we see the crazy law suitssuits.

there is a lawyer somewhere that will be stupid enough to do it. >> i am that annoying person who can't put the phone down. i am look at it and realize how horrible the behavior is. >> you are looking at me like are you pity me. i clearly near to go to malibu rehab. she is talking about me and i know have a a problem and the first part is acknowledging it. i am acknowledging it here. >> i could be your sponsor. >> i love you are actually smile and being quite like it is cute. but it really is horrible.

>> i know! >> turn it off if you go to a show. >> she is copping to it. >> sandra you are being insensitive about my disability. >> owning a home is part of the american dream, right? it looks like that dream is fading away as a studio shows just as many americans are renting homes. we discuss with the one lucky guy all about home ownership.

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it all... with a signature. legalzoom has helped start over 1 million businesses, turning dreamers into business owners. and we're here to help start yours. ♪ home sweet homement the american dream of homeownership so manies to be slipping away for most americans. sales have hit a 20 year low. homeownership is down 63 percent compared to 69 percent. americans are shifting toward rentals so quickly many areas can hardly keep up with the demand. speaking of homeownership. bob massy is the property man

and debuts on noon eastern and watch monday through friday and our show and the property man comes on. what is the show about? >> we took personal stories and where they are now. and feature things like lefty rosenthal was a wise guy and it was for sale and we did a thing where he had the guns and like where he was trying they try to kill him. and he's selling it for 777000. >> and he liked the number seven. >> saying that in the end upon of the show we do the massi memo. and whatever i cover in the show historic homes or personal stories i do a story. if you are going to buy historic or time share and we'll have it entertaining and informative and

i have been allowed to do on fox. >> it is like mtv cribs meets home improvements. >> there is one home tlo thousand feet and full- time barber. >> comes with the house? >> obviously i didn't. >> you have great hair. >> what kind of advice will you give homeowners. >> they have no excuses. they have learned about lending and they understand the fannie and freddies. and they understand lending and short sale and this has been around for years, and they are educated now. and they can't say i don't understand it. more than before. buyer beware. >> people are owning homes. >> and their credit is shot. they can't go buy it. >> saturday 12:00 p.m. and tune in bob massi property man.

"happening now" starts right now. and fox news alert bob shell. kathleen archettan is resigning after hackers stole the data of more than 21 million people. archuleta went to the white house and resigned and a deputy director is stepping in. we'll monitor two live events. san francisco sheriff set to speak amid the uproar of a woman allegedly at the hands of an illegal immigrant. >> the sheriff will provide more information on the suspect released from custody earlier this year. downtown new york city crowds are cheering on the