>> "outnumbered" starts now. >> see you back in an hour. this is "outnumbered." i am andrea tantaros and here with us back from vacation harris faulkner sandra smith, jedediah bila and today's #onelucky guy, political editor of townhall.com guy benson is back. he is outnumbered. welcome back guy. >> it is great to be back. >> last time you were here your book was out and it has done well. congrats on that. >> thank you. >> starting a lot of conversations. >> that is the whole goal. >> speaking of starting one let's start ours. this a big week for republicans three days before the presidential debate which you will see here on fox news donald trump is remaining the momentum in the poll as the 17 gop

candidates viafight for a spot. donald bush and walker are in the top three but a recent surge by kasich is putting him in a three-way tie with governor's chris christie and rick perry. why is that significant? only the top 10 in the national polls complete on the thursday 9 p.m. stage. those not making the cut appear in the undercard debate earlier in the day. christie and perry if they expect to be on the main stage. >> i will be there thursday night. >> you will make the top ten? does it matter? >> i think it is an important first step. it is not a determining step but

important and we will be happy to be there. >> the top 10 is a good place to be but this is a long game. i spent a lot of time in new hampshire and iowa. one debate is not going to make or break a candidate. >> i don't know about that rick perry in the last presidential debate perry didn't do well. i think it is critical to be in the top 10 at this stage. >> especially because the ratings are going to be huge to quote donald trump -- >> ha! i talk today a lot of people when are not political, friends of mine tuning in. we want to see these guys together. fox always has good ratings. but seeing how donald trump is going to interact with the rest of the field there is a tune in

factor from non-political people to see if he will behave himself or throw bombs? how are the other candidates going to interact and react to him? it is going to be irresistable television and i think it is an important threshold to me. >> historically if you are not part of the top 10 if you are that far down, it is going to be tough to break into the top 10 position. all of these guys you see them vying to get into the top 10 and one gal it is important they are on the stage. >> guy if you have not hired you to pitch our ratings, we should because that was beautiful. >> thank you. >> if donald trump has a misstep and blows up look at the

polling from mama's university. as we get closer to the debate almost a 2-1 advantage over his latest rival. 26%. if he has a misstep that is a huge potential support base that goes elsewhere. so you suddenly have someone picking up three, four or five percent. >> most people would have thought his remarks like over john mccain's war record would tarnish his image. but this poll was taken in the week following those remarks about senator john mccain. what could he do to tarnish his image with voters because those are not even having an impact

and he is going up in the polls >> trump said i am not prepping for the debate. this is me and i don't change my answers on polling. that is true. i don't see donald trump changing his style on thursday night. what i do envision is the rest of the candidates on that stage one hoping he blows up and two ganging up on him. >> i think they'll need to be noticed. scott walker needs to attract attention. and rubio and rand paul where are they? they vanished. i think people are trying to see if they can shine enough people will be able to take their eyes off donald trump and pay attention to what they are saying. one weakness on trump's part is specific. he talked in generality and a lot of conservatives are seeing if he can bring policy specific do is the table. >> with that many people on the stage i would advise donald

trump not to get specific but with that mean people on the stage he will have to keep it top level and be punchy and continue to do what he is doing because it is working. donald trump may be dominating the headlines but that could be helping one other candidate. jeb bush. mr. trump's ways have made it all but impossible for those vying to be the alternative to mr. bush to emerge and easier for mr. bush to position himself as the serious and thoughtful alternative to a candidate who is up ended the early nominating process. what do you think about this guy? do you think there is a point that trump is sort of sucking the air out of those potential jeb competitors? i think that is the one bright spot but if that is all you have as jeb bush you better work more. >> jeb bush and hillary clinton benefit from the rise of donald

trump. it is two-fold. one is donor. a lot of the donor class is terrified of donald trump and goes racing to jeb bush as the safe harbor. if you are a more let's say creditable conservative al alternative to jeb bush, your message is not getting out. we are talking about donald trump. and being unable to separate yourself from the pack and go head-to-head with jeb bush the bush people have been thrilled everyone is talking about trump while he's raising money and sailing along with establishment support. >> trump is offering such a contrast to a jeb bush and that is what the conservative base wants. they are sick of somebody who is up there and speaks in poll tested platitude. they want someone like trump.

so i am not sure it is a great thing for jeb bush because if is such contrast. >> you wonder when the other candidates are damaging themselves by going after donald trump. at what point do you just jump on the bandwagon and ride it? rand paul said in response to trump surging in the pole i think it is a temporary loss of sanity. we had a handful of presidential hopefuls on the couch and when you talk to the other candidates about trump they seem exhausted from answering all of the donald trump questions. it is like they don't want to go there. at what point do you tell them politically to embrace donald trump and have it work for you? >> or have a sense of humor. >> they are so jealous. >> they should be grateful people are tuned in with this intensity. i was on vacation on the west

coast and every cab driver is what do you think about donald trump? no matter what their political leanings people are tuning in because of donald trump. doesn't mean they love him. but the other candidates should be grateful in that sense. >> very quickly i think to sandra's question they should take notes. and follow donald trump's lead. he is an earned media machine and tapping into the something the base wants. why are nay thought doing it? >> jeb bush worry about yourself and why you are not resonating with people and donald trump is. maybe if you were presenting yourself in an exciting way you would be in front. >> i still think john kasich a dark horse. donald trump is not ruling out a third party run telling this week it all depends on the gop.

>> if i am treated fairly by the republican party and don't win i would have no interest. if i am not treated fairly by the republican party i very well might consider that and i would certainly not give that up. >> republican national committee chair firing back telling nbc's "meet the press" all of the candidates should stand united. no matter who the nominee is. >> a third party on either side of the aisle would be a death wish to both. i don't think it is unreasonable to say candidates should support the republican nominee ao pledge not to run as a third party. >> i cannot stress enough if donald trump did a third party run it would be disastrous. >> i heard people compare this to what happened with ross pero

but if is worse was the spread wasn't as tight as when you add donald trump. he takes points away from both sides. >> i think he knows it would be a disaster if he did that. but he doesn't want to give the gop that right now. i don't think he should have to pledge that today. i don't think any of the candidates should say republican establishment if you don't back me don't worry i will get out of your way. no let them sweat it out. it would be the establishment that wants the security from him and i don't think he wants to give that to anyone. he wants to be the guy saying i don't know what i am doing tomorrow. these are the principles i believe in, i will do my best to get collected and if i don't win this way who knows >> i think it would be foolish for donald trump to talk about a third party run because it would

irritate the gop base that want to win the white house and he might lose them if he talks this way. >> that will benefit more than anyone hillary clinton if there is a republican nominee and donald trump running third party you have president hillary clinton. he may not have a problem with that because he is a big fan and donated thousands of dollars to her and called her terrific and said she was doing a good job as secretary of the state. so it could be the biggest donation he has given her among the very american. but donald trump does what is best for donald trump not necessarily the party or the ideas he reports to. >> i love the elementary way in which he says everything. and i don't mean talking down but if these republicans don't treat me right -- it is the stres stressor. >> you know what he is thinking. >> he like as good threat. >> quick reminder this thursday fox news brings you

the first presidential debate from the 2016 race. our coverage begins at 5:30 eastern. it looks like joe biden could be making hillary clinton's life hard harder. the report of him exploring a possible presidential campaign and should clinton be worried? and president obama is about to announce new rules to combat climate changing but it is setting the strange -- stage for a legal push. and after the show the magical time harris is back. it is a big week and we have guy here. log on to our website and click on the ot tab. this is where we get down and dirty. tweet us questions and comments.

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welcome back to "outnumbered." just two hours from now president obama is expected to announce his clean power plant. "the new york times" calls it the strongest action every taken in the u.s. to combat climate change. president obama planning to unveil a set of environmental

regulations aimed at sharply cutting greenhouse gas emissions from the nation's power plants. but an estimated 25 safeguards expected to join a lawsuit against the rules already in a case that could end up in the supreme court. critics say the plan will cost too much cut jobs and send electricity rates souraring. here is what the house is saying. >> we are giving states an incentive to invest in greenenergy and that will make the economy stronger create jobs and save consumers when they are paying bills because of investments. the cleanest kind of energy is the energy we don't have to use. >> if there had been a camera on guy. his head shaking and eyes rolling. this rule is stronger than any of the previous drafts and as "the new york times" put it it

can be seen as an effort for obama to stake out a position on the issue in the final months of office. >> josh ernest is saying this is going to lower eelectriclectricity rates. this is shown to be a regressive tax that hits poor people the hardest. but this is what they will move forward with through regulations because they tried to pass it in congress when the democrats controlled everything in 2009. they had a filibuster-proof majority and couldn't pass cap-and-trade because the emergency american people didn't want it. they are doing it here and there will be more lawsuits.

it is going to be a big fight. >> you can take the word of the states who looked at it saying it is not good for jobs electricity cost and bad all around. >> if you cut the greenhouse gas emission in 2030 by 6% that could transform our electricity industry. when you look at the states balking at this they have more summer than others. if you put pressure on the grids and utility systems it has to come out in dollar bills so those people are going to pay more because who wants to suffer because the white house thought it was a good idea. >> and large political implications. i don't doubt we will hear a bit about this on thursday. >> hillary clinton has to weigh in on and will probably tact to the left because this is a legacy item the base always wanted.

john kerry says the biggest threat facing us today is climate change. not isis or terrorism. i would mention it is not even just members of his own party that didn't like the cap-and-trade bill when they tried to do it through congress they used it through their own political campaign. manson took a gun and shot at the bill in a political ad. i would take it back to you. you are the business expert. how will this affect the economy and jobs? let the private sector fund these projects. >> the states are going to have to put together their own plan and present that. there is going to be individual decisions made on what is best for the state. but businesses looked at this and decided it is not good for states it will increase cost hard on labor and hard on jobs at a time when most states are struggling economically. the timing of this is the

absolute worst. >> i would remind the president there is a short-term legacy and long-term legacy. you might appease the far left initially but when people see their cost rise and states have problems balancing and there are concerns of overreach long term people will look back and remember the obama administration is the reason for the rise in cost. think about that in the long-term and how that will uphold your legacy. >> states saying let us do what is best for our people and our business. hillary clinton bringing her campaign message to a television near you touting her role as american's champion. will these ads help her rebrand her image and boost her polling numbers? and is joe biden about the make hillary clinton's life harded. the latest reports behind the

vice president exploring his own run for president. what that could mean for hillary's campaign.

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real help from real people. come see what the new angie's list can do for you. you are watching "outnumbered" and we are glad you are. hillary clinton is launching the next phase of her presidential campaign. have you heard? she bought up $2 million worth of tv time for ads in iowa and new hampshire and they focus on clinton's self-proclaimed role as a quote champion of the middle class and her relationship with her late mother are themes of her campaign campaign. here is a preview. >> when i think about why i'm doing this i think about my mother who was abandoned by her parents and sent to los angeles to live with her grandparents

who didn't want her but people showed her chance. i think about all of the people who fight for their families and never give up. that is why i am doing this and why i always do this. >> very touching there. it is so different from the way she rolled out her campaign. it is too much of a shift? >> what do you mean a shift? >> she has been talking about her mother. tried it in 2008 it didn't work. and started talking about her mother is who she was e-mailing about. this is a poll tested ad and something in the numbers coming back say people don't like because they think you a phony so talk about your mom. >> why didn't she start there the first two times she rolled out the campaign? >> this is targeting the polls that her trustworthiness is and this

is $2 million thrown at combating that. >> let's talk about the timing and why you think it is this particular week. >> very interesting report came out when this ad buy was announced. it was scheduled for november and they moved it up four months. and why did they do that? i think if you look at her favorability numbers that tank and the honest numbers have been bad but she is deep under water on empathy and caring about people which was obama's secret sauce against mitt romney and he won on that question. she does terribly on that question and her campaign is looking at and says there is a problem and we need to do something. >> they are bottling obama's secret sauce and she is going to need it. >> if you know-nothing about politics and you watch that ad i believe her. she did a good job of presenting those attributtes we are talking

about. compassion and emathypathy i see it. i think this ad makes her likable and she is worried about that. she has been watching bernie sanders, people you didn't expect to rally crowds, bring people out. she is worried about people being disinterested in her campaign. >> do you think people are taking bernie sanders seriously? >> i think the far left is excited about him. i know a lot of people on the far left say if it is hillary i am staying home. i am not going out there because she will not make a bit of difference. she is trying to appeal to people across the country and this is her way of saying i get what you are going through because people see her as detached >> getting the message right before the gop put forth its candidate and soaks up the news cycle for a while. >> she is not just doing it because it is the week of the

republican debate but she is vulnerable and does fear someone challenging her on the left. and to guy's point about the empathy numbers you cannot say on national television after four americans dead and you are in charge of security it doesn't matter how they died. that hurt her empathy because steven was supposed to be her friends. her negatives are so high. she knows she will not change that. she needs to get first-time female voters out. she has to get women. >> i asked the question of why she didn't try this again. remember the all-women's event she had to sell male tickets to get it full. >> trump is winning on the experience on toughness. would a woman not win being tough and experienced? do they have to be empathetic.

>> do we have time for more? joe biden might be announcing his own run. two confidants have been brought on as

brings an interesting component to the race. >> you talk about empathy and likeand likabilityi likabilityi. >> and the initial reporting of beau biden begged his president running for president saying we cannot have the presidency

revert back to the clinton's and we need biden values. those are powerful emotional strings to be pulling. the vice president was interested in running and ran in the past and having that be a dying wish of your son is powerful stuff. >> so when you look at what president obama is getting ready to do with the clean power act and some of the legacy items like obama you want to talk about not going backwards. what does it do for joe biden? help or hurt him? >> i think it hurts depending on the president's polling. but biden and clinton are both part of the administration. but joe biden is not coming across as a radical. he has pennsylvania roots. hillary clinton tries to talk about the middle class. joe biden has a powerful story riding the amtrak every day. he is not part of the progressive left. i also think, and this is my

theory it is more than joe biden's son who wanted him to run, i think the white house wanted him to run and i think a lot of leaks coming from the white house came from the east wing. josh ernest was too excited this morning and too full of glee when he said joe biden has expressed interest in running. i think they are pushing this because they never trusted the clinton's. we will have to wait and see but i think i may be right. >> when you look at who they are talking to in terms of the advisors coming on and where they are positioned in the white house andrea might be right. i write down her theories by the way. >> i want him to run. >> you do? >> i do because i think hillary clinton feels entitled to the job. she doesn't have to talk to the president or answer tough

questions because she is entitled. i think it would be good for her to be challenged by someone with charis charisma and brings thing do is the table. >> if it is all about legacy if that is the only thing, who is going to preserve his legacy the best. it will be joe biden. hillary clinton will tri triangulate. >> he comes up short of endorsing hillary clinton. and news channels are suggesting he is waiting for joe biden to throw hat in the ring and address him. >> or stay out of it. i don't think he wants to endorse either of them. sdwl >> how does this affect republicans? would they whether have joe biden or hillary clinton? >> i think republicans would rather have hillary clinton because she struggles. as i have been saying from the start this is someone who could

not sell her own ideas and book without creating problems. they are worried about someone being on the stage and be likable and people will say i believe this guy and i believe he believes what he says he believes in. >> we will break in with breaking news that is happening. we just got word in a james holmes jury deliberation that has been going on a verdict has been reached. this is in the second of three phases of sentencing. we understand there is a momentary delay because they have been given verdict forms to fill out and something went wrong with the paperwork. as soon as they have reported the verdict we will have it read outloud and bring it to you live. we are working on that and want to let you know that is in play.

as the obama administration works to sell the iran nuclear deal new polling suggests most americans are against it. meanwhile, iran's ayatollah has a book out called out with america and destroy israel. should the deal even go forward at this point? and "outnumbered" overtime is online. foxnews.com/overtime. click on the overtime tab. in a more revealing fashion we will take your question and get you into the conversation with our live chat. sign on to it. stay with us. i have moderate to severe crohn's disease. it's tough, but i've managed. but managing my symptoms was all i was doing. so when i finally told my doctor, he said humira is for adults like me who have tried other medications but still experience the symptoms of moderate to severe crohn's disease. and that in clinical studies the majority of patients on humira saw significant symptom relief. and many achieved remission.

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the court house. >> reporter: this jury wasted no time in coming to the conclusion on phase two of the sentencing. this is three phases if james holmes is going to get the death penalty he has to be convicted for death three different times. he was convicted in phase one and this is phase two with a verdict read in an hour and 45 minutes. 12 hour deliberation in phase one saying for was proof james holmes was the shooting and had factors approved by the prosecution. today their mission is to decide if mitigating factors outweighed the aggravated circumstances of the shooting in colorado three years ago. they only deliberated two and a half hours this time and it will be read in 45 minutes.

if he is convicted again, unanimous convict on the death penalty again, they will start phase three tomorrow and we will hear from the victims of the shooting. family members of the 12 people killed in the theater will then come give testimony starting tomorrow and then they would go into the phase three of deliberation and then that would have to be unanimous again for holmes to get the death penalty. >> thank you for explaining that. to drill down on the human element of this if we get to the point where the victim impact statements happen tomorrow from the family's of the 12 people who died are we getting a sense of what people might say in court? i am curious to the mood around the court house. >> reporter: there is a lot of tension. these people have been waiting a long time for justice. there is a lot of media out here. people have been going to the courtroom for month do is wait and see what happens to james

holmes. you made the point of victim impact statements if i understand it, if he is convicted a second time for the death penalty it will not just be the impact statements read. that is the traditional way. but it would be actual testimony. they would be up on the stand and asked questions by the prosecutor to have them walk through their emotions of what this murder and what happened to their loved one. it would be much more emotional than just a statement being read by each family member of the 12 people who were killed. we would have a full day probably of testimony from the relatives of those 12 people who were murdered and they would go back and have another closing argument by the prosecution and defense and then the same jury could go back in deliberations one last time to decide if james holmes should get the death penalty or life in prison without parole. >> we are done to the tough last

days of thighss. 2:30 p.m. eastern is when we expect the decision to be read. thank you dan springer. we will stay on this. new polling shows a majority of americans disapprove of the nuclear deal with iran finding only 28% of americans support the agreement and 57% are opposed. the same poll finding 35% of americans approve of the way obama is handling the situation in iran and 56% disapprove. with secretary of state john kerry working to sell the deal iran's ayatollah is reportedly out with a new book showing how to destroy israel and outwhit -- out whit the united states. he outlines warfare making life

impossible for israeli jews that they leave. and we are supposed to trust them. >> the out whiting america part i don't care about. the destroying israel part is where the conversation should be but it hasn't been and we know from benjamin netanyahu it is not where it was. he knows they want to kill him. that has been low intensity to quote the ayatollah which i thought i would never do. is it too late to walk away? i have so many questions for people on capitol hill. >> john kerry is trying to sell it to arab leaders. it is getting lukewarm support from the democrats. >> the white house is pushing hard for support and since they control the purse strings and political arms and operation of the democratic party they can put pressure. you will want our support and money when you run for re-election. you better get on board.

did anybody look at the ayatollah's book? is this the iran deal? that is how to out whit the united states of america. >> they already have. >> he already did it and he is laughing. >> this is the third consecutive polling showing americans reject the deal. this is after a full court press by the white house supporting it and trying to sell people on it. they have done the opposite. so the other element of the poll is by almost a 2-1 margin americans say this deal will make the world less safe. i think that is shown by the money going to iran based on the fact they can keep their nuclear program in tact with restrictions automatically sun setting after ten years. this is going to make the world the less safe place and the administration is arguing the

act opposite and look at the numbers. >> president obama said 99% of americans like this deal. >> i think it poses an interesting question for hillary clinton. independent voters oppose it 55-29. ask her about it and she where she stands on the deal. >> are you telling the reporters to do their jobs? >> heaven forbid. life is tough for millennial generation. student loan debt and lookingacklacking aub jobs but whose fault is it? hear who one obama official is blaming for making life too hard for young people. ogs... you are so out of here! ahh... the complete balanced nutrition of great tasting ensure. with nine grams of protein... and 26 vitamins and minerals. ensure. take life in. heart health's important... ...so you may... take an omega-3 supplement... ...but it's the ingredients inside that really matter for heart health.

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life is tough for millennials today. too tough for a former obama administrator administrator. steven ratner blames the baby boomers for giving millennial generation a bad economy. guy, you know what i love is he is complaining we are giving all of these burdens to millennials and medicare and social security and all of this debt and then

talks about spending more money as the solution. what am i missing? >> i am not missing anything. this whole thing is like shame on us. we have been irresponsible. true. but let's spend more on infrastructure and raise taxes. i am six of the idea millennial generation needs to be coddled. i like my generation but the idea we are uniquely aggrieved and put in a tough position. every generation has challenges. this is the former obama administration official talking about how rough things are on the economy. who has been president for the last six and a half years. >> what about people saying there are new challenges of the generation with student loan debt out of control. is it possible with things being the way they are it is a different set of challenges that we need to adapt to? >> i think they made a lot of promises to the millennials.

they said we will give you jobs and help you with student loan debt and that is not materializing. i feel sorry for millennials. the job market is tough. the college tuition and through the roof. and i don't know how anyone is paying back the loans without a job. >> look at baby boomers and what their generation went through. we didn't have world war. several wars but not world war ii. i called myself a millennial but that is a lie. i am not a baby boomer either. where am i? plus they had 59% of the workforce women were not working as much as they were. more than half of the workforce wasn't what it is today. >> and they will continue to face challenges. only 45% of mill millennials expected to receive social security benefits.

every generation faces challenges but it is how they handle them and combat them that is causing people to question their strength because they are being a little weak. >> jurors reached a decision this is our fox news alert on whether to keep the death penalty as the option for the colorado shooter james holmes. we are keeping an why on it and we will bring it to you who it happs. -- happens --

test. test. test. test. .... ... ...

>> thanks for being here. we are back on line. fox news.com/overtime. now, "happening now". >> and the fox news alert. gunfire outside of a mississippi courthouse. as a defendant in a criminal trial is shot and killed and a suspect is taken into custody. it is all "happening now". >> the white house ready to go on the offensive as a cyber war escalates and a massive cyber breach blamed on china. >> what goes up must come down. and not when it comes to oil price ands air fares. when will falling fuel prices lower the price of your ticket. >> and a harrowing ordeal at sea. >> h