>> see you back in an hour and part two of hidden walls of ellis island. we cannot wait to show you that. in the meantime, "outnumbered" starts now. this is "outnumbered." i am andrea tantaros, and here with us today is sand ra smith, fox business melissa francis, the author -- wife of chris kyle is back and today judge alex ferrer is here. >> it is great to be back. >> all hail. >> i like the all hail. next time in court instead of all rise, all hail. hail to the chief. >> chief justice.

>> i wore a black suit and that was the closest i would do on here. >> you made the promise of the robe last time. >> we might have to wager a bet. but first the news. more trouble for hillary clinton as the tech guy who setup her private server is being called before the house committee on benghazi in about on hour. he is expected to plead the fifth to avoid self-incrimination but they are considering granting him immunity to discuss clinton's e-mail set-up. here is what trey gowdy had to say. >> we have to make sure the record is complete and talk to him. we have to make sure it hasn't been corrupted and we to make sure what the other witnesses tell us is true.

>> the committee's top democrat slammed trey gowdy and the panel saying the testimony has nothing to do with benghazi and everything to do with republicans desire to derail clinton's presidential bid. there are reports the committee, judge, is seeking to offer immunity to him so he will sing like a canary is help the committee figure out what happened. there are reports he is going to plead the fifth. what do you think we can expect and why wouldn't they offer him that immunity? >> there is a political reason. the more he invokes the fifth the worse it looks for hillary. i mean her tech person in the scandal is pleading the fifth so there must be something there. that being said he is no lois

lerner. she could be prosecuted. there is no expectation of him being prosecuted >> why do people plead the fifth? >> they are afraid of down the road. what if down the road he doesn't plead the fifth and hillary and her campaign say he didn't know about the server, he is the one that deleted that so if the e-mails were deleted it is his fault. he established the server before any e-mails were sent. it was a new server. so there is not a lot of likelihood he was involved in that. he might have been involved in deletion at her instructions or other person's instructions he is an accomplice. >> he said he could be a target.

he was a state department employee and knowledgeable of the allegations they had to keep these e-mails secret. he installed the server and would know what the server was going to be used for. >> that is a real possibility. i said it sun -- it is unlikely he is a target. >> that is part of the criminal conspiracy was he was paid knowing that. >> you would have to show he was paid to setup the server with the knowledge of the illegal activity being done. i don't think they would share that with the tech guy. they would share they want it private, not on the state ser r server, but i doubt they would share that with the tech guy. >> wouldn't he know this wasn't going to be a secured area? the state departmented you cannot have information in this

form -- department -- >> he is not just joe smuck. he is high level. i want to hit on the political point which is are they just marching him up for there theater and i don't think they. >> cummings is the ranking democrat on there saying this is being done for show. can you rule out any other reason than political reason to bring him in person if we know he is going to plead the fifth? >> absolutely not. it is a double benefit. from a political standpoint it helps showing him taking the fifth and paints the campaign in a bad light. he could be a valuable witness still. unlike lois who you would not grant immunity to because you

want to prosecutor her, this guy is not the one you probably want to do get to. so they may want to grant immunity to him and have him there in the chair taking the fifth over and over and making the determination is it worth it. once they grant him immunity it is over. under the statute that the congress has they get derivative use immunity meaning he cannot use anything he told you to find leads to use against him. >> aside from all of the political reasons to do it or not i am disgusted it took this long to address benghazi. i say go full force, find the answers. i am done with people stomping their feet saying it isn't fair, now is not the right time. get it down. power through, get everybody out there, make them plead to fifth or testify. >> i think that is a great point.

that is why it is so easy for the democrats to throw sand and say it is politics. there is four dead americans, hillary clinton has been hiding, and we need answers. i don't know why he would not take immunity. >> if you give him immunity and he takes the blame, you are out of luck. >> remember the other day were told to expect more spontaneous behavior? there are reports her long awaited e-mail apology came only after the new hampshire focus group. ms. clinton's aids shows democrats and independence a video of a recent news conference where he took

responsibility were the e-mail scandal but stopped short apologizing. participants said they wanted to hear more about the controversy and indicated this is drowning out everything else clinton is talking about. >> everything she does is strategic and calculated. so a planned spontaneous media tour would be the same way; an apology. >> bill clinton was so charismatic and he can play to a room and say i did this and be believable. she is not going to be believable. she is too arrogant, doesn't want to be called out and thinks she is immune with the approach from anybody. i think it is comical she would do a focus group saying she

should be spontaneous. i think she is a mess. and i think her campaign is circling the drain primarily because it isn't just this one issue. there have been little fires around the clinton's forever and hillary is a part of those. the more she speaks freely, she is angry, doesn't like to be called out and i feel as the president you would have to be open to hearing -- >> not approachable. >> exactly. >> is it surprising she polls and that is why -- >> well, yeah. and the focus group showed the e-mail issue is drowning out everything else ms. clint won w hoping to communicate. we know they were comprawn plaining to friends -- complaining to friends about not getting to the issues because all of the questions were about the e-mail. i was giving her credit for focusing on the economy, like it

or not, and telling people how she would fish fix the economy but no one was listening because of the e-mail scandal. >> what i think is surprising is where it came from. you are like how embarrassing. according to the democrat who was briefed and it was confirmed by a person within her campaign, she is getting attacked from the left, from democrats, someone inside had erc -- inside her campaign. this shows the democratic machine is not confidant of her as a candidate. >> this isn't good. >> later we will get to the rise of bernie sanders and potentially why they are throwing her under the bus and the whispers about joe biden getting into this. but this is what campaigns do. some do it to a greater degree. i think the clinton's do rely on polling instead of being

authentic but it makes me wonder what else they are pulling. >> she is in a particularly bad position. the public in general doesn't have high regard for politicians. they start with a strike against them already. now she is polling 60-something present of untrustworthy? 30% are democrats. you would understand republicans think she is untrustworthy but within her own party, 30%, that is a massive amount of your followers thinking you are not trustworthy. so when the polling comes out, which might be unnoticeunnoticet has significance now because it is like you will say whatever the focus group tells you to say. >> it seems like she was pulling the responses on what were in her e-mail. the yoga class, the mom's funeral, her daughter's wedding

and i wonder what else has been poll tested and scripted. the one time she thinks from the heart she blurts out what difference does it make about benghazi. >> and her incident with the black lives matter group that was a disaster. when she is not speaking off a tell prompter she is not bill. >> a new poll showing bernie sanders beating her in one key state for the first time and it is not new hampshire as democrats are reportedly considering a plan b to hillary. and oh, yes, the donald did it. insulting the looks of the only woman in the republican presidential race. what he said about carly fiorina and whether it crossed the line and how he is responding to it today.

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welcome back to "outnumbered." donald trump under fire yet again. this time for insulting the only female in the gop race for the white house. in a new profile in rolling stone magazine trump mocks carly fiorina saying quote look at that face. could anyone vote for that? can you imagine that as the face of your next president? she is a woman and i am not supposed to say bad things but really folks? come on, are we serious? she fired back on the kelly file. >> i think those comments speak for themselves and the many thousands of voters helping me climb in the polls, yes, they are serious. i will not spend a cycle wondering what donald trump means but maybe i am getting

under his skin because i am climbing in the polls. >> trump clarified on fox and friends saying he was referring to persona. i have been dieing to ask you about this. this is a major test of carly fiorina. we knew this moment was coming because we have seen her rising in the polls. here is the moment coming, how do you think she reacted? >> i thought it was great. she was classy and i am sure what was going through her mind isn't what came out of her mouth. but she didn't address it back and forth. she didn't. that is why she is so good. she could have said you are not a ten, made a hair joke or compared his face to grumpy cat. >> i love that. >> she stayed on the issues and took something that was so

insulting. i think a lot of people perceived it that way and she took it to a strength and mentioned the fact she was basically rising, which i thought was great. >> as much as we expected this moment to come determined by thinged he said in the past, we are saying here we go again. do you thing his supporters, or i should say the population, has tolerance for this? >> he gets out there and touches on everything he could. i think what he did with cnn was really clever. he came in and he said they should go ahead and donate the proceeds because he is upping the ratings. i think jeb tucker should say i will give you money to match dollar per dollar but jeb is going to be start and let the issue die.

>> this isn't going to hurt him. i cannot imagine this is going to make any difference. >> i am going to put something up on the screen. >> i want to see the side by side of him and grumpy cat >> how about a side by side of bobby jindel comparing trump to sheen. >> i am winning in all of the polls >> you make a choice to and you win. >> i'm winning everywhere. >> wow winning. >> that is the funniest commercial i have seen. the thing about the campaign is whether you like him or don't it is the most interesting campaign. you have to watch. it is like watching a slow motion car wreck. and of course the people who are not shocked by it love the fact that the typical politician --

he is not the typical politician. >> i want to bring in brett human commenting on this. >> is this the behavior of a man, strong and confidant, prepared to be the leader of the free world or is this school boy stuff? the boarish, sexist taunt you would expect from someone who isn't grown up? i think a lot of people will ask themselves this question as that quote is widely circulated. >> your reaction? >> this is behavior union kids know not to do. you have a problem and you take it on and he is creative in the way he can get the ratings to go forward. that is great but that is not leading. i find the fact he would criticize people for physical chair characteristics. it makes me wonder if he is not well versed enough on

international politics that he would lead on? >> i don't think it is going to hurt him. why? because he said worse about woman. he called rosie o'donnel a pig. he should stick to the issues, i agree, but i don't think this is going to surprise anyone. who doesn't like winning? >> our country is not going to win with him in charge. if he offends other countries like he does people here it will not fly. >> trump signs all along the highway in maine! all of places. >> more on this later on fox news channel as we talked about governor bobby jindel is just one of the republican candidates taking on frontrunner donald trump and you can hear more from the governor today. he will go join neal on your

world at 4 p.m. eastern here on fox news channel. with democrats on edge over hillary clinton's e-mail, a new poll is showing the democratic frontrunner in trouble in the nation's first caucus state so what is plan b? and illegal immigration in the spotlight for the white house and what a top border patrol agent told congressional lawmakers about just how bad things are on the southern border.

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ago who sanders trailed her by 20 points. the poll found voters in iowa consider sanders and biden more honest and trustworthy than clinton. the new york times is reporting the democrat campaign is eyeing joe biden, massachusetts senator elizabeth warren, and remember secretary of state john carry? and former vice president al gore. not a lot of options at the democratic buffet. meeting her in iowa, it is a big deal. >> it is.

"the new york times" has the source inside the white house and comes out with the information first that cuts hillary clinton. you see the article about the focus group and another democrat con firming that. it seems like underlining and assassinating her, it depends who the obama's get behind and i think their pick is joe biden. >> why is he waiting so long? the further he waits the less chance of success. it is good question. >> typically he should want to get in the race because we know

vice presidents. i do think it is different. as judge alex said every time he shows up at a rally he had the union groups chanting. so it makes it seem like they want him in. >> twist my arm. and more people are just piling on saying get in. i think it only helps them. >> avoid the suffering.

>> they are begging him to get in. he is giving all kinds of good press. there is a good wave going. it does go against conventional wisdom, but why would you spoil the point he is out now. this is the most positive. another major issue on the campaign trail illegal immigration is a big topic. and new testimony revealing just how bad things are at the u.s. mexico border. brandon jud, the president of the border patrol agent union, telling house lawmakers that only about 40% of the border is under operational control.

only 40%. and that one out of every five illegal immigrants. he warned the u.s. border patrol is 5,000 agents short of mandating staffing offering a challenge to the obama administration on his position on border secure. >> this is the challenge we face at the border today. there are thoses who want to lower apprehension rates and tell you the border is secure. but the agents will tell you the border is not secure and the southwest border is not safe. >> one in five has a criminal record. does that sound right? >> i don't know if that is recognition -- right. the numbers were astounding.

we are talking about a 19 hp bord border. that is further than miami to new york. you could get a million members carrying aircraft across the border. >> it is good and it runs directly counter to what the house said. the former white house press secretary stood up before josh

ernest, i am blanking on his name. trump is coming out and saying we going to double the border security agents, build a wall, shut it down and people want to hear that. anyone on the border knows how dangerous it is and the resources are not there. >> speaking of how dangerous it was you have knowledge on it. >> i lived in california near the border and in texas i know there is a big issue with border patrol. they would not have water stations for the illegal immigrants if it was secure. there are lots of things setup to help them so they don't -- and chris and his teammates were

training along the border and they would have illegal immigrants running over coyotes. they would call them saying we have them and they would say we are too busy. and they would say we are holding them, come get them, and they said no still. and in southern california they are being attacked by illegal immigrants and not allowed to fight back as a border patrol agent. i will say even though i know people are not talking about rick perry and he is a personal friend but he has first hand knowledge of this and he and i have talked about the border issues in texas with ranchers that are going out and signing private security to stop the drug lord coming through their properties. >> the cartels and the power they have at the border and sean hannity has done extensive reporting.

it is unbelievable how the cartels are infiltrating major cities like even in chicago. it is out of control. >> you pointed out the number of people, 100,000 people coming over with criminal records, how easy for the cartel to grow the ent ent enterprise. and coyote is the term for human trafficker. >> what jud went on to say and the urgency from him i found to be moving and scary and you wonder if this will be the final answer. they said we are seeing violence on the border but this is extending outside of the united states and that is scary. he himself used those words. i don't know you wonder why donald trump struck a cord and

whether it was organic or not when he that the issue. >> a survey says millennials are the only age groupt that thinks about romance more than work. why might that be? because they are not working?

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one analyst said young adults think more about dating than money because it is easier to focus on the now rather than the future. >> they are thinking about their love lives or sex? i know this is a lunch time show so -- i also thought it was funny they living in fear of living paycheck to paycheck or in debt more than baby boomers >> twice as likely. >> they are busy minds. they are thinking a lot. >> i think the reason they have love on their mind or sex, whatever the case is, is there is an app for that. i know there are a number. i don't know the names. >> really? i was questioning i haven't seen the romance app.

>> i have friends with college kids and i talk to them and at the bar they can get on an app and see who is doing the hookup and looking for love and they have the online thing and they can check the app to see if anything is checking them out. >> aren't they also just not married? >> i jokingly said going to commercial that many millennials are looking for works and are not in jobs they want to be in or working part time or might not be where they want to be in life. i said it is because they are not working. they are at home or the coffee shop thinking about their love life. >> that is true. this generation has its work cut out for them. the millennials do. they are starting with an economy that is bad. the student loan debt is out of control. i can tell you my daughter went to law school and she is so in debt.

she better become like general counsel to ibm to pay it back. they have financial burdens and less opportunity, i think. and that leaves a lot of time for romantic things. >> what is going on here, andrea? why are you so quite? >> i was just looking out the window. >> she was checking tinder. >> i am thinking about my love life as we speak. i think you are correct. i mean that. i think people are on apps and an idle made is a devils playground. >> i think it is the generation of instant gratification.

i think -- any way, they are not thinking about the future as part of the problem. the future is grim. i fall into that category by a year. i see it every day. with the economy the way it is, people need to work harder. the vilians never killed james bond but maybe political correctness will. say good bye to double 07's unhealthy life style and say hello to a new man into new bond novel fit for modern readers. mornings. wonderful, crazy mornings.

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>> more "outnumbered" in just a moment. first to jenna lee with what is coming up on the second hour of "happening now." >> a new poll out confirming donald trump and ben carson are surging with trump at 30% for the first time. a new poll in iowa is showing bernie sanders beating hillary clinton by a point we have chris wallace with announcements at the top of the hour. and we have another look inside

of ellis island and areas few have seen since 1954 starting off at the autopsy theater on the second part of the series. >> great reporting, jenna. sounds cool. >> bond! >> well done. >> bond is getting a pc makeover. forget the smooth talking, chain smoking spy, the latest novel has stronger women, outspoken gay friends and anti-smoking messages.

i don't know what to tell you. we jumped the shark on political correctness and headed to burning books? >> it is too much. if he is spy he has a vice and probably won't care because his life is stressful and he is going to womanize a little and modernizing it with a woman gives flap back. it wasn't an issue to watch

but -- >> what about, sandra, what about the personality? i am trying to see if i can keep this segment from going back to the sexy million segment. are we going to turn the character into tweed jacket, no gmo eating -- that is how politically correct he is getting >> maybe vegan james bond. >> andrea, you are a james bond fan. >> i love watching the sexy characters and the beautiful woman and sexy cars. i am forced to watch it as my husband watches it over and over. the author was quoted saying one of the challenges of writing the book was the attitude a

heterosexual man can change a woman's life and go weak in the knees. are you challenging that notion? shouldn't be able to? or can't do that? >> any time you delete a brand you ruin it. it is a terrible idea. james bond stands for a certain thing. if you make him different you will lose hard core fans and not win over new ones because they have preconceived notions about. watering the brand down makes you lose your base. >> they are feminizing him. i love chain smoking women spies >> that is on our profile. >> i am not on any social media dating apps but i do see the move to feminize james bond. >> i cannot wait to see what

they do with batman and super man. >> on that note, a couple in georgia doing an amazing thing to honor american sniper chris kyle. we will show you how they are paying tribute to the navy seal and deadliest sniper in american history and get reaction from the couch. the couch. they work fast and don't taste chalky. mmm...amazing. i have heartburn. alka-seltzer heartburn reliefchews. enjoy the relief. diis critical for brain health?n brain food, hmmm. ensure has b vitamins that help support brain health - now that's smart nutrition. ensure's complete balanced nutrition has 26 vitamins and minerals and 9 grams of protein. ensure. take life in. you premium like clockwork. month after month. year after year. then one night, you hydroplane into a ditch. yeah... surprise... your insurance company tells you to pay up again.

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>> a beautiful tribute to american sniper chris kyle. the owners of a small farm in georgia creating this corn maze and kyle's face and the words god bless america. they used a tractor, gps and seven acres of corn to honor the navy seal and deadliest sniper in american history. they wanted to do something patriotic to honor our vets and those serving in the military. his wife is joining us on the couch with rer her reaction. >> my first reaction is i can barely get the lines straight when i mow the lawn. but i feel like it is really amazing. i understand they said they would love to do it for all veterans. i can apprecitate that, too, because i think chris has become a symbol of all veterans. it was his humility and love and

compassion for those who served that putting his face puts a face to all of the military. i love they used god and put god bless america. >> it was touching >> i am sure chris would be humbled and make a joke about it but i think it is beautiful. >> they used a professional maze company which i didn't know existed and carved that whole thing in six hours. six to eight hours out there. it takes me that long to carve a pumpkin so i cannot imagine that. >> you are so fun and the character played so well in the movie. you are everything and more. how are you doing? people see you talking about chris and you are a happy person and on the road to healing. how are you doing? >> i appreciate that. i am healing. i am finding that i can let myself cry more without being a fraid it is not going to end and

i have cut out coffee which is insane and looking at being healthier emotionally and physically. i think it is g. >> you look great and it is such a great having me. >> your children are beautiful. >> thanks for joining us and thank you you, judge. >> the fox news alert. former state department workers goes before the house investigators this hour. the it specialist behind closed doors with the house benghaziñz committee. we are covering all of the newsl "happening now". >> we'll have so much winning if with win withing. rivals areéswc scrambling to 04 the trump juggernaut. >> and a luxury ride f