jenna: "outnumbered" starts right now. harris: president obama expected to speak at the pentagon in a few minutes on the threat of the terrorist army. fox news senior judicious analyst judge andrew napolitano. he's out numbered. give us a laugh. your joy is contained. great to have you here. >> no matter what we are talking

about, it's great to be with you. here we go. we know he met first with the national security council and americans are focused on terror at home in part, and here is why. we are learning disturbing information about one of the san bernardino attackers. tashfeen malik passed two background checks, two in-person interviews and the government did not check or find her facebook where she openly posted about jihad and more. quick lightning round on the president today. what we expect to hear. last sunday night he gave his oval office chat. >> i don't know what the president is going to do today. i think this p.r. avalanche coming between now and christmas is intended to give americans some comfort that he's still on the job and knows what he's doing so take seriously his

obligation to protect our freedom and safety. but what exactly he will say is anybody's guess. >> it's interesting. the american people are starting to speak up. we are seeing new poll where they see terrorism and concerns about leadership with the government. if you add the two percentages, it's 29% of americans. julie: i saw the president's speech, the last part was nice and great, talking about an open society and open top religions. the first half of it which was supposed to be specific policy prescriptions left me cold. there were no policy prescriptions. he needs to speak to that before the year is over. but the white house has to take these concerns more seriously than they did in the last speech. harris: it's interesting the

last time he got updated was in july and he put into motion the 60 or so special forces operations forces. an report last time he got an update was july and he still didn't change his policy. josh earnest said they don't expect any changes. this is a p.r. box-checking strategy before we see the visuals with him riding a bike in mom jeans in hawaii over the christmas break. do you remember a few holidays ago when there was the issue of the times square bomber. president obama didn't stop his hawaiian rendezvous. i don't think anyone is buying it. sandra: from most indications we are not expected to hear any major policy changes or

announcements from the president. but itment mean i don't expect a change in tone from the president. people are scared. a majority of americans expect another attack on american soil soon. what does it say they are still afraid he spoke just 8 days ago. harry want to move on quickly to get to the social media element. is there an aversion, bean allergy our federal government has the technology. you have got a former secretary of state under investigation by the f.b.i. for something or other she did with her personal server. she said she might have wiped it clean jokingly with a cloth. now you have a radical islamist in california suspected of carrying out that vicious massacre are on that holiday office party in san bernardino posting openly her desires some wage violent jihad and they

missed it. >> if i put something on twitter or facebook, just on my groups, and all of you are tonight, that is not open to the public. that is still within my zone of privacy. if the government wants to sight of it needs a search warrant to get in there. if i put something on facebook or twitter open to everyone and acknowledge it's me, the government does not need a search warrant to right, and the got ought to -- and the government ought to read it. the government has decided not to scour social media. harris: why? >> i don't know. but if they ask this woman, are you in touch with any jihadist organizations and do you aspows any of their ideology, and she says no, they have every right

and obligation to determine if that is true to see if she posted anything to contradict her no. harris: this isn't like it's free facebook and twitter. this was july of 2014. andrea: why hasn't the president put pause on this visa program that allowed this to happen? why are they just opening an investigation saying it as many as worth a look. >> the president is of the view his personal historical ledge i will be enhanced by tempering the ardour of the rest of us. this is common sense means look at what people have said about the united states publicly before they come here. andrea: why doesn't he use the current law on the books to put

pressure on these social media companies, use his department justice. if he's not willing to put the pressure on the potential terrorists, why not have his doj go to these companies and say if you allow these jihadi websites for jihadi posts, i am not going to allow to you do this. >> there are far less intrusive and just as effective ways for him to get in there. we have a woman who wants to come into the united states who has denied jihadist activities. we have reason to believe she is lying. >> who is going to tell the truth on that one? >> any time any single woman goes on a date with somebody, she googles the guy. any time -- it's just a fact. the fact our government is not going to do this and the fact

that our government hasn't gone far -- i don't think it's a violation of civil liberties. harris: they are deaf to it. judge napolitano: i can't answer your question why they want to do this. sandra: don't you think most americans would be willing to give some of their liberties to keep us safe? judge napolitano: in difficult times americans are more interested in safety than liberty. i'm not in that group. you can give up your liberty but you can't give mine. sandra: texas senator ted cruz climb together top of a new fox news poll winning support from 28% of reef responsible don't in iowa. he's holding a 2% edge over donald trump. a "wall street journal" poll showing cruz just 5 points

behind trump. trump slammed cruz questioning his temperament and ability to be president. >> if you look at way he has dealt with the senate. he goes in there like a little bit after maniac. you are never going to get things done that way. sandra: cruz responding in honor of my friend and good-hearted maniacs everywhere, then posted a link to "maniac." harris: you have an off the showed per sweatshirt, don't? judge napolitano: how effective is that hugh north face of after

tirade by donald trump? sandra: someone starts gaining on him in polls, he goes negative and the guy starts to cower. ted cruz wants to count on the fact that trump will eventually collapse and he wants those people to be his people. and i think it effective. sandra: you are saying he's counting on that by not criticizing donald trump. andrea: i think ted cruz has been very patient waiting in the wings for something to happen. and i think it is partially because ben carson has slid. he's been a beneficiary of the carson backslide. judge napolitano: in iowa it's not a real primary. it's a caucus. andrea: historically not that

important. you look at past winners like mike huckabee and others who didn't go on to advance. you look at others who have won in iowa and they don't tend to do as well in other contests. harris: just in terms of look at how campaigns are set up. one of the big question marks with donald trump is if he had infrastructure and a ground game, and he doesn't really in iowa. it may be just a window into his political world. the big subject that came up this weekend about whether the voters will get a say if there is a contested or brokered convention is interesting. judge napolitano: did see when chris wallace was shown the donald trump headquarters? there wasn't and phone tblb was

and the computer, there wasn't a human being in were bumper stickers on the wall. harris: this whole idea of whether people will as voters get as much a say because of where the republican party is is interesting. i was reading on twitter because i asked the question on air on "fox report." if it turns out your voice isn't as big, people were angry. people said if this is the guy voters choose, you have to listen to us. sandra: you had reince priebus and others getting together to subvert the will of the voters it's contrary to what this country is about and what our process is about. the idea that you have back room

guise in washington -- andrea: if you look at a gitmo detainee returning to the battlefield, while the republican party is focused on getting rid of trump. they should be channeling their energy against president obama and hillary clinton. and they are not. judge napolitano: for states who have laws who say whoever wins the primary must vote for the winner, those laws are only in effect in ojaiio. o oh -- in oh. harris: they are neck and neck going into this next debate. it will be interesting to see someone else take incoming other

than donald trump because he's been on top of almost every poll since june. sandra: he lives and dies by those polls because he starts almost every conversation. judge napolitano: except the ones he hates. sandra: the president is expected to speak at the pentagon in just a few minute on his strategy for confronting the threat from the terror group. the investigation into hillary clinton's private email use. hitting a roadblock. right after the show catch more. join us for outnumbered. tweet us your question, comment or tell us a joke you might think will get the judge to laugh. the citi double cash® card comes in very handy with cash back twice. with 1% when you buy and 1% as you pay. with two ways to earn on purchases, it makes a lot of other cards seem one sided.

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today he's going to talk about the strategy. and we don't know if that will include a new turn. he hasn't met to update the nation since july. we'll have some to see what the president says. we are told he's' on time just a foul minute away. andrea: new developments in the hillary clinton email controversy, the state department confirming it cannot find backup copies of emails sent by brian tag lan tagliano. they are look for the backup file covering work he did while she was still there. ted grassley requested the emails to determine whether he should be granted to i minity in

exchange for testimony. but he pled the fifth. grassley is weighing whether to grant him immunity. judge napolitano: the i.t. guy is extremely important. the f.b.i. has extraordinary skills with it comes from extracting from a server that was wiped. i minit -- immunity is often grd against the will of the person. if he's given immunity he cannot be prosecuted. but he must answer. he no longer has a fifth amendment right not to be incriminated.

andrea: they could get these email, there had to be someone on the receiving end of the emails. why is this such a challenge with ag tag liano. sandra: i think there will be emails we'll never see. judge napolitano: i think you are correct except for the f.b.i. they do not care about politic. the most sophisticated team of f.b.i., agents, investigators and i.t. experts they have are on this and they don't care whose ox they gore. senator grassley's committee does, the f.b.i. does not. andrea: last week we covered comey coming out saying i don't know if i'm going to share what i find. harris: which would not be unusual. how, you might see a leak or

two. quickly, just on the point of brian pagliano. a great producer on the story set he's the guy. how do you protect this guyen and say he's got a choice to do it or not. he would be the guy to talk to. he could talk about the parameters that were set up and how they dealt with emails that may have been marked confidential and so and and so forth. judge napolitano: if the f.b.i. believes mrs. clinton should be indicted they will indict him and he will trade information against mrs. clinton in return for no jail time. andrea: when you look at the news cycle, hillary's emails not

getting a lot of coverage. it seems like she is banging on this going away -- is banking on this going away. they circled the wagons and i personally don't think there will be an indictment. sandra: if the f.b.i. thinks there is a reason to indict, they don't care about political correctness. we talked about donald trump. the biggest asset to hillary clinton is donald trump. he sucked all the energy out of the news cycle. he's completely frozen the field. frozen the news cycle. blame the fact that the media is obsessed with donald trump. he's like a heroin dealer and we are all buying. andrea: he didn't gives heroin

in the chris wallace interview, but he did tie hillary clinton to libya how isis grew in libya and hundreds of thousands quote people died under hillary clinton. he's one of the only republicans to do that. he's not making it about the emails, he's making it about her failed strategy. judge napolitano: the emails demonstrate she used her authority as secretary of state to authorize the shipment of military hardware to qatar. that's the home of the muslim brotherhood. why would we send it there in so they could distribute to rebel groups and depose mubarak in egypt. depose qaddafi in libya. some of the military hardware got in the hand of al qaeda and some of them were used probably to murder the ambassador chris

stevens. those leaders after they fell, the countries fell, too. we'll talk about that more coming up. but for now we are waiting on president obama to step up and talk about what came out of that national security council meeting today. he's getting updated on what we are doing to fight the after ands of isis -- fight the savages of isis. what will it include? americans are saying terrorism is leading in the the issues of what they are most concerned about at home. the president has some work to do during this christmas holiday season. will he do it here? stay close. what makes this simple salad the best simple salad ever?

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gone on longer than they anticipated and we are told it could be as much as another five minutes or so. we are waiting to see what comes out of that meeting from the president about our fight with the islamic state terror army. this is the pentagon briefing room. we'll go straight to it. sandra: the stage is set forth final republican debate of 2015. donald trump will be front and center. ben carson will be on his right and ted cruz on his left. this comes as a new national poll shows trump with his largest lead yet, 41%. this just in. and cruz coming in a distant second with 14%. trump isn't back away for his call on a ban on muslims.

>> they are sick people. there is a sickness going on. there is a group of people that is very sick. and we have to figure out the answers. and the muslims can help us figure out the answer. we need help. we have to have people turn opt i are people in. once they are radicalized, it's too late. sandra: your reaction to donald trump. you watched it in its entirety. donald trump exposing himself further. judge rsh he has the ability when he gives an interview to make interview the subject of news. it doesn't cost him a anyone and he stays on the tip of the tongue who talk about it. sandra: he's only going up in the polls. 41% now he's garnering. ted cruz made a recent surge still at 14%.

41% nationally in a double digit field. he's almost got half the support of all the the republican voters. meanwhile you look at people like jeb bush whose super pac spent untold amounts of money. you have a lot of money, you spend it. he's not spending any money. the press is doing its job for him. that's why the numbers keep going up. he did an interview yesterday, cost him nothing to do. his numbers will keep coming up. andrea: his remarks only seem to have helped him. harris: he just soaks up that limelight. when you have drill down and look at certain of the states, iowa, cruz, and trump are almost neck and neck.

cruz is a little bit ahead. as andrea pointed out. iowa and the other states may not makes much difference. an dree, your father might have sounded similar. andrea: he had a greek accent and a cigarette in his hand. but that authenticity. that un-p.c. tone. money can't buy leadership. money can't buy authenticity. jeb bush uses $100 million for a full frontal wh frontal lobotomt going to change. when people talk about donald trump and you see tonight your conversations. people look around and say i kind of like him.

judge napolitano: our buddy larry sabato says the national numbers mean together in primary. it's just the individual state numbers. so cruz's 14 and theoers in single digits help the donald in south carolina and new hampshire and iowa? andrea: i agree it many state by state * polling that matters politically. but you cannot deny the message with 41%. if you are talking politically he needs to win certain states. but that national poll speaks to something very big, a force that's defied all political logic. sandra: the debate tomorrow night, what do you expect this strategy will be with him riding so high in the national poll. julie: i think he takes it

seriously, and he will have to go after cruz. donald trump went off the rails and said i don't think cruz is evangelical. i don't know of many evangelicals from cuba. you don't see cruz hit back. where it's interesting to see if ted cruz wins iowa, then we go to new hampshire, an won't do well there, but then in south carolina, will ted cruz take his iowa win and translate that into south carolina? judge napolitano: ted cruz is from big oil. harris: ben carson, what happens -- judge napolitano: i don't know

what happened to ben carson before it seems they have come over from carson. andrea: he offended the pro-life crowd when he was talking about abortion and was trying to conflate pro-lifers and put them on the same moral ground as i believe it was some of the jihadists. judge napolitano: he was talking about the crazy guy that shot you have the planned parenthood. andrea: he was trying to it on the same moral plain and when he walked it back he made it worse. what he said was so offensive to the pro-life community. harris: what do you understand happened there. we had seen him come back after other comments and clarify. what went wrong? andrea: i think he was trying to explain a position in a too politically correct way and ended up offending a critical

piece of the gop base. when he tried to walk it back, he made it worse it was almost like a john kerry. he started to nation rationalize. they just stopped and said i'm not okay with that. sandra: chris christie will be on the main stage as well. many were saying ted cruz may have another gear here. that has happened. he has come must polls, anybody else you are predicting will come out a big winner? >> christy is good on the debate stage. but rubio has a lot to gain from this debate tomorrow. harris: how important is it for a candidate to have this much wind at their back? >> i should point out the conversation is completely changed since the last gop debate. now it's fashion stall security. since the paris attacks the

needs and wants of the american people have changed. temp. they want somebody to run this country that talks tough and acts tough. and that's showing up in the polls. harris: that's perfect way to segue into what we are waiting for? is that what we are going see from the president today? judge napolitano: don't hold your breath. harris: i would like to be a fly in the wall with that meeting. they are talking about how to defeat isis. the president has sold the strategy time and time again. he did it in a national way we have only seen three times in his entire presidency. from the oval office he expect to american people 8 days ago. now we'll hear from the president after getting this important update. second in three or four months now. what will he say? how much can he call together and reassure the american people what happened in san bernardino, california and what is happening around the world?

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harris: we have just gotten a 2-minute warning of the president stepping up to the lectern. john kerry is meeting with russian foreign minister. they have come up with list of terror organizations to fight. he's joining the meeting via satellite. then you have the ambassador, samantha powers of the u.n. this is the pentagon briefing room. as soon as the president steps out of that meeting we are told he will step up to the lectern. let's put this in reference, the timing of what the american people are concerned about. we have seen what happened in san bernardino, california, 14 people killed.

we have seen what happened with the paris attack. we know what can happen when these guys recruit online to come after those of us who love freedom so much. the president trying to reassure the public sunday night. polling would suggest people are worried about this. 65% of the american public was focused on how to keep america safe. so will the president touch on that today? will he feel like he will need to? judge napolitano: look where he is. he's in the pentagon. he presumably just finished meeting with military leaders. if he's not he has given us some bad expectation and a bad lead-up and that will translate

into bad politic. sandra: you are right about that. i don't know what the military solution to this can be. if it's bombing from the sky dan we are going to send more bombers, that won't do it. this requires a multi-year huge commitment and i'm not sure he's prepared to do it and i'm not sure the american people are prepared to give it. andrea: the relationship between the white house and the d.o.d. has been strained. the military saying wait a minute. we have quite a few plans, you are just unwilling to accept them. this from a p.r. strategy. it's a great visual. he's at the pentagon. he has the flag behind him. that's half the name of the game.

regurnlg stated. i spoke to a 4-star navy admiral who said we can't talk seriously about fighting the islamic state unless we talk about putting u.s. ground troops out there. the president closed the door on that. judge napolitano: he would need a great national consensus and resolution from the congress before he did that. and he seems unwilling to create the national consensus or ask for that resolution. harris: a study with millennials, a majority of them say we support going in on the ground. what also came out of that reporting was they don't want to joint military to help that effort out. julie: congress refused to vote on the use of military force. so before we all talk about how

we are not doing anything. congress should debate this and authorize it. right now we are operating -- andrea: he want to give himself political cover. i do not blame congress for not want to go go on the record and be the fall guys and gals for a president who doesn't have the stomach for war. judge napolitano: under the constitution it has to come from the congress. the congress declares war, the president wages war. >> good morning, everybody. today the united states and our armed forces continue to lead the global coalition in our mission to destroy the terrorist group isil. as i outlined in my speech to the nation last weekend our strategy is moving forward with a great sense of urgency on four front.

hunting down and taking out these terrorists. training and equipping syrian and iraqi forces to take eight i isil, stopping their financial and propaganda and persistent diplomacy to end the syrian civil war so everyone can foings destroying isil. i met with my national security council as part of our regular effort to review and strengthen our efforts. i would like to thank them for their leadership our men and women in uniform. we heard from general austin leading in the the military campaign in the region as well as the special operations forces playing a vital role in this fight. i want to provide you with a brief update on our progress against the isil core in syria and iraq. as we squeeze it heart, we'll make it harder for isil to pump it terror propaganda to the rest of the world.

this fall before the revolting attacks in paris and san bernardino i ordered new actions to intensify our war against isil. that includes more fire power and special operations forces are well under way. this continues to be a difficult fight. as i said, isil is dug in including in open areas and they hide behind civilians using defense list men, women and children as human shield. we have to be smart targeting isil surgically with precision. our partners on the ground from rooting isil out neighborhood by neighborhood, block by block. we are hitting isil harder than ever. aircraft and fighters and bombers producing airstrikes. 5,000 to date. last month we dropped more bombs

than any other month since this campaign started. we are also taking out isil leaders and commanders one by one. we removed the isil second in command and a top recruiters and in recent weeks the finance chief, senior extortionist and the weapons drafter. the list goes on. we are going after isil from their stronghold right in downtown raqqa to libya where we took out abu nabil. the isil leader there. isil leaders can't hide and our message to them is simple, you are next. every day we destroy more of isil forces. their staging areas, weapons

areas, and in many places they lost their ability to maneuver. isil has not had a single successful major offensive operation on the ground in either syria or iraq. in recent weeks we unleashed a new wave of strikes on their lifeline, oil infrastructures, destroying hundreds of their tankers, trucks, wells and refineries. isil also continues to lose territory in iraq. isil lost at tikrit recently and sinjar losing a strategic highway. they lost at baji. we saw the daring raid support bid our special forces which rescued dozens of prisoners from

isil. isil lost 40% of the populated areas it once controlled in iraq and it will lose more. iraqi forces are fighting deep into ramadi. these are urban areas where isil is entrenched. our partners on the ground face a tough fight ahead. and we are going to continue to back them up with the support they need to ultimately clear isil from iraq. isil also continues to lose territory in syria. we continue to step up our air support and supply to local forces. syrian kurds, and turkmen are having success. they pushed isil back from almost across the entire border region with turkey and we are working with turkey to seal the rest. isil lost thousands after square

miles of territory it once dplold syria and it will lose more. the special forces i ordered to syria began supporting the local forces. meanwhile more people are seeing isil for the thugs and kirls and thieves they are. we have seen instances of isil forces defecting and those who tried to escape have been executed. so many people are migrating said one syrian refugee. isil she said will end up all alone. all this said, we recognize progress needs to keep coming faster. no one knows that than the syrians and iraqis living every daind isil's terror as well as the families in san bernardino and paris grieving the loss of their loved ones. just as the united states is

doing more in this fight. our allies, germany, france, the united kingdom, australia. i have asked secretary cart tore go to the middle east. he will depart after this press briefing, to work with our coalition partners on securing more military contributions to this fight. on the diplomatic front, secretary kerry will be in russia tomorrow as we continue to work to end the syrian civil war. here at home the department of homeland security is updating its alert system to help the american people stay vigilant and safe. and as always our extraordinary men and women in uniform continue to put their lives on the line top keep the rest of us safe. this holiday season many of our troops from far from their families and as your commander-in-chief on behalf of the american people we want to say thank you. we are grateful and frowd proud for everything you do.

because of you, the america we know and love and cherish is leasing the world in this fight. because of you i'm confident we'll prevail. thank you very much. everybody. harris: we just watched the president give an update. among some of the things was talking about. he gave his four-pronged plan, hunting count killers, stopping operationing of recruitment and persistent diplomacy in the syrian war. this quote, you will probably see on and on again today, to squeeze isis at its heart to make it moral difficult for isis to spread terror around at world. did we hear anything new outside of ash carter going to the middle east to shore up support and collect some cash in the fight?

>> we have given out a lot of crash in this fight. tomorrow morning, front page above the fold, the president with military leaders behind him latin have a headline regurnlg tag it the headlines he talked about. we are not getting it right. you look at san bernardino. a lot of red flags missed. you see the gitmo detainees being released. this holiday season kids don't have their cats and women descroanlts their husbands and partners because they were killed to capture gitmo terrorists that the president is releasing that we know are returning to the battlefield. i don't care what he just said because everything that he is doing, and i watch what people do, not what they say. what he is doing runs counter to everything we should be doing to defeat radical islamic jihadism. harris: judge, your line saying

all that to announce a defense secretary is going to the middle east? judge napolitano: at the beginning of the show and sandra asked what i thought he was doing and i called it a pre-christmas maneuver by the president. i would add to that a politically tone deaf pre-christmas public relations measure that will in this instance satisfy no one but himself. harris: our democrat co-host on the couch is nodding as if she is going take you out to lunch later. julie: i agree. what a tone deaf speech. what the american people are worried about. they are worried about their receive tough at home. to talk about what they are doing 6,000 miles away in the middle east is fine. but the reality is he did not once address how to prevent more san bernardinos. and people afraid to walk out of

this building, walk down to thairld square and not have a bomb tblowp their face in times square. sandra: would it in he ex poas posed our weakness. this what else we are attempting to do but not good at it? andrea: he should have anowrnlsed the -- he should have addressed the concerns people have at home. nobody is talk about whatth to do to fix it. wham they want to hear is they have a right to be concerned and he understands their concern and feels their concerns. something bill clinton is good that doing. connecting the dots for us between what's work going the strategy and how that's going to keep us safe at home. he doubled down on the strategy

he laid out last sunday night so we got a chance to write it down on sour note pads and study it. we saw shim flanked by the generals. andrea and i were like that was an immediate response. we know he had challenges with having those relationships with the d.o.d. andrea: i think he could have taken i different tone. we have seen him become more passionate about climate change. and we have seen shim take to that podium before to use that phrase. system works. he said that before. system didn't work. judge napolitano: i have got to believe those generals behind him presented him with a vast awry of proposals and he rejected them all. harris: let's pray the one he chose is going to work. andrea: we are staying right here for "outnumbered" on the

web. we are back on tv tomorrow at noon eastern "happening now" starts now. a new poll shows that trump is widening the lead. and that betweens cruz is 27 point ps behind trump. but? the iowa poll. we'll show you all of the news "happening now". >> cheep gas has more money in our pockets but impact the energy companies. what you need to know about the price drop. >> and explosions heard inside of a blachltz -- blaze. >> when you collapse inward. you perform