ahhh! aw man are you kiddin' me? jenna: thanks for joining us. jon: "outnumbered" starts now. harris: this is "outnumbered." i'm harris faulkner. kennedy from fox business "kennedy." and judge alex ferrer bringing the sunshine and he's out numbered. >> never as happy to be a minority as when i'm on this couch. i didn't bring snow and i didn't bring rain. andrea: can i tell the story of why i don't like mondays?

this is your tuesday because you do the fox report on sunday night. harris: then happy tuesday. tensions are high in the city of brotherly love. police are high alert after one of their own was shot at point blank range as he sat in his patrol car. local detectives and the f.b.i. are working on a tip that that suspect is part of a radical group targeting police. rick leventhal with the story in philadelphia. >> philadelphia police definitely on edge. they already were with or without this latest report. there was a blatant assassination attempt on one of their own. but n no confirmation that edwad archer was part of a gaining of four. this tip got leaked so they had

to confirm it. of course, they are investigating to determine if archer had co-conspirators or was acting alone. they searched archer's mother's house. they are tracking down any leads in regard to the tip from a woman who stopped a philadelphia police officer on saturday night and told him that the threat was not over within that archer was part after larger group and was not the most radical of the bunch. the tipster warning the officer to be real. jesse hartnett remains in critical but stable condition. he has had surgery on his badly damaged left arm and is in surgery again today. family pane friends are astounded he was able to survive and wounds his attacker who was running away. but philadelphia police are now

riding in pairs. harris: you know the most amazing part of that video is when you see that wounded officer get out of that patrol car. he doesn't just wounds him, he runs after him. what are your thoughts about this investigation, and what we know? >> it's much more disturbing when you have a civilian say this guy was part of a radicalized cell. when i was a police officer, as dangerous as it was, we had to worry about if we pulled somebody over wanted on something and was going to try to kill us to get away or just robbed a place or a domestic violence situation. we didn't worry about strangers walk up to your cars and gunk you down. remember the two police officers killed in their cars in new york. i think as a result of a lot of

that fervor going on at the time. now we have got this. this is a whole new different animal. even in the cocaine cowboy days they would kill each other, they wouldn't shoot a cop. the reason they wouldn't shoot a cop is the backlash would be amazing from the state and federal government. harris: why do you think it isn't now? >> there is a current in the administration that is anti-police. i think police officers are afraid to get aggressive in chasing down people they think are involved in this. i think that's what it will take. we have the mock surveillance which made total sense given the nature of the threats coming from radicalized mosques. harris: they haven't called it that. kennedy: how is this going to

change protocol for police departments across the country. now that these assassination attempts are becoming a little bit more common, what can police officers do to anticipate something like this? how do they change what they are doing now? >> that's one of the difficulties, what are you going to do? you can't cut off relations with the public. so i think one of the things is obviously two-person cars, but that didn't help the officers in new york who were gunned down in their own car. but realistically police work is dangerous. and there is not a lot you can do to stop this kind of threat. though i'm encouraged by the fact a civilian came you have and said, hey, i have information. that's what can help police officers.

andrea: we have been talking about an anti-cop sentiment 2/3 in this country. cops are not afraid to do their job, but it's like they are guilty until proven innocent and we have seen this play out many times. the policies that have been eradicated like to and frisk that's successful in cleaning up cities, the progressives with turned that -- have turned that back. not only are they facing anti-cop sentiment, they are also limited what they can do. >> there were networks that made it 7-day a week, it was morning to night coverage about this is rampant. it's not rampant.

but that sets the tone that police officers are out of control which is simply not true. melissa: this also comes back to him saying he was doing this for radical islam. even if he was insane, or whatever kind of excuse somebody wants to make, this proves it's a cancer that's only festering and spreading. harris: however they were radical. we haven't heard police put that phrase in front of the group. this wofnl and said they are more radicalized than the person who carried it out. >> i think that may be the saving grace if more and more civilians are taking part in saying no. i'm not going to be part of that, i'm going to tip them off. andrea: donald trump blasting hillary clinton for running as a

feminist. on fox news sunday he went on the attack over how he says she treated women who were involved with her husband. watch. >> she is not a victim. she was an enabler. >> she was an enabler? >> she worked with him. some of the women have been totally destroyed. some of these women have been destroyed. and hillary worked with him. there is no feeling sorry for hillary in this situation. all you have to do is looking at the facts and the settlements. there is no feeling sorry for her. andrea: hillary is firing back giving this response when asked about trump's attacks. >> if he wants to engage in personal attacks from the past that's his prerogative. let the voters judge that. but i'm not going to let him or other republicans to rip await progress women have made. i'm going to stand up and make it clear there is a huge

difference between us. andrea: that is a woman who sounds like she doesn't want to be talking about this issue. harris: she was asked by the, but she could have given the answer she did previously, "i'm not going to talk about that." but the difference maybe, we had doug schoen on thursday, he worked closely and he's friends with them. now he says they are vulnerable to donald trump because they don't know what he has. andrea: i think it reason she is most vulnerable is this is the centerpiece of her entire campaign. i'm a woman who looks out for women. this cuts right to the heart of her argument. melissa: if you love hillary clinton you listen to everything she said. i don't think it hurts her that much. i think it helps trump. he's saying the thing people at

home are screaming at the television when she comes out and says these things. i don't know that it really hurts her. they are waiting for someone to say she is not for women, she is an enabler. andrea: she is trying to coalesce the obama co-there is which is made up of voters, specific think younger woj even, younger women, this doesn't resonate with them. this won't help her with that demo. kennedy: it resonates with younger women and younger men. bernie sanders is helped by youthful passion. going after her for the centerpiece of her campaign is like going after ben carson for his medical acumen. it's interesting to me. i think she is foolish to get in the mud with number the first place. she was fool toish go after him in the debate. she should be banking on the fact he may lose the nomination.

and he's going to be so disgruntled with the republican party. if he really wanted to ply he would give it to her. harris: he's too cheap for that. he loves his own money. >> the other thing i think they are afraid of, they don't know what he has and the fact that he's willing to say anything. other candidates will say they are never going to go there. him, he could say they took the lindbergh baby and his ratings would go up. andrea: she didn't think this would backfire in this way. >> i think there are women who would look at her and saying i can understand her going after monica lewinsky, her whole life was thrown into shambles. but then you get to the other women.

and they are clearly victims. and she doesn't look so well when you put her in that perspective. harris: she made it personal in the way we report wad she said.. that's personal. when you open your door to your personal life it gets complicated when you say you don't want to talk about your personal life. andrea: mexico is beginning extradition proceedings against the most wanted drug lord in the world, el chapo recaptured friday. the role a hollywood celebrity played in all of this and whether he can be in trouble with the law. as president obama gets ready to give his state of the union tomorrow night, new polling shows how americans think of his issues.

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melissa: the world's most wanted

drug lord captured. joaquin el chapo guzman was caught in a raid in mexico friday six months after he escaped a maximum security prison. authority say sean penn unknowingly given away el chapo's location though may have also disrupted an earlier attempt to arrest the drug lord. there was an on-camera interview, here is a clip.

melissa: that was a high quality production. what was getting murdered in the background. sean penn, is there a law against meeting with a fugitive, not disclosing it. doing an awful interview that's embarrassing? is this against the law? >> if it were there are more journalists other than sean penn. melissa: he knew where he was and he was -- is there a law again that? >> no. true journalists who went to interview bin laden and took precautions to make sure he wasn't followed. first amendment protections go broad in that respect. to the extent sean penn was paired up with "rolling stone"

magazine gives him protection. he gives him money which he doesn't need, and advice to avoid detection, i'm talking about u.s. laws, not mexican laws. it's possible the federal government might find a way to twist these laws. mexico may have some laws, that it happened over there so they might be in trouble. melissa: who likes the irony that sean penn led authorities. kennedy: first he thwarted authorities finding el chapo's hideout, now he leads them to him. now he has to worry about u.s. and mexican authorities. i don't think he did enough cya beforehand. now he's got el chapo mad at him. 100 invisible soldiers in the middle of nowhere that sean penn

felt but couldn't see. he will be feeling their eyes all over his body. we can talk about the annoying interview. i did force myself to read pieces of it. it's totally breathless. he asked him shard questions like do you consider yourself a violent person to which el chapo says no. even though he has claimed to directly or indirectly killed thousands of people. harris: he's not a journalist for the obvious reasons. "rolling stone" magazine, isn't the jury out on them? didn't they have to have members of the journalism community come in to make sure they knew how to do their job? what is el chapo if he killed somebody seconds after

interviewing with sean penn? is he complicit. andrea: they gave him editorial control. >> we see this pattern with sean penn all the time. hugo chavez, the castro brothers. >> i think we need a cocktail. why does he have a direct line to all these latin bad guys. andrea: he's a communist and socialist. >> i'm amazed by his fascination with them. i have had colombian drug dealers in my court room but unlike him i did not feel like a teenaged girl at a justin bieber concert. kennedy: he said he knew

el chapo in a way he couldn't. he says we are the consumers and as such we are complicit in every murder. penn ads as much as anything it's a question relative mortality. now tradition proceedings have started but it could take a year. andrea: i was going to ask the judge that question. >> if it takes a long time the possibility grows. the extradition will take between 6 months to a year unless the federal government says forget everything, we are shipping him out. the federal government from mexico. harris: if he gets on the list we'll call sean penn. who is leading in the the race to the white house? new polling could mean trouble for hillary clinton. maybe she is in for a longer race against bernie sanders. how the top candidates are

stacking up and wait could mean for donald trump. at ally bank, no branches equals great rates. it's a fact. kind of like working from home equals not working. numbers look pretty good, how's it on your end dave? oh, the numbers look so good. dave, dave's on it. ugh! heartburn! no one burns on my watch! try alka-seltzer heartburn reliefchews. they work fast and don't taste chalky. mmm...amazing. i have heartburn. alka-seltzer heartburn reliefchews. enjoy the relief. marcoto criticize him fornfair missing votes. "but i am going to miss votes, i'm running for president." but he's been missing votes for a long time. "one third of all of his missed votes in 2015 were missed before he announced he was running for president." over the last three years, marco rubio has missed more votes... than any other senator. washington politician marco rubio.

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andrea: we are three weeks away from the first presidential nominating contest. new polling could show trouble for hillary clinton. senator bernie sanders is gaining momentum in two early voting states. a "wall street journal"-nbc poll is showing clinton and sanders neck and neck in iowa. meanwhile a fox news poll shows it's not even close in new hampshire. that's up 13% on hillary. the washw post saying clinton could find herself in an just

hill battle. the political reality for clinton goes like this. if she wins iowa she could weather a new hampshire loss but if she comes up short in iowa look out. we could be in for a longer and more competitive race than anyone expects. and someone should get bernie sanders to start his car. the clintons think she has this locked up. kennedy: i think she has this locked up because of the superdelegates. for the people who follow politics it's within the margin of error. would i like to see her lose in both states. i would like to see her lose in 50 states. i think she is a woman of questionable character and bernie sanders is a socialist. he's not particularly charismatic. but there are a lot of democrats

going, wow, he's pour guy. i think that shows what an unattractive candidate she is. andrea: she has the superdelegates and it will be a coronation. but it will be sloppy if he pulls off a win in new hampshire and iowa. melissa: her biggest story is the f.b.i. is expanding its investigation into corruption into the foundation on the back of that email scandal. i have long thought this is the real crime the clintons will pay for, the commingling of money between the foundation and the state department. catherine herridge hates from three sources they are investigating that. that's a huge story. andrea: the clintons are shady, but 53% of registered candidates don't care if clinton is indicted. harris: you can't run away from

the facts. the voters may not care, but if she gets wrapped up in that she'll be ultra distracted. so catherine herridge, our producer pamela brown with intelligence sources finding out if that they are trying to find out if there is a link. are we obligate to doing anything? it's not just that the money floated from nefarious places but the obligation placed on our nation based on that. and they are going to care about that. andrea: if the media covers the story, though. we'll cover it but they have a short memory or scandals in this administration. let's say she is indicted. the media is not really covering this because they are sick of the story. she can get away with it.

i he tend to agree she is pretty much through the coronation process unless she gets indicted. i believe the stronger case at this point because the public hasn't been desensitized to it like they have with the emails. but i think that the stronger one is going to be the pay for play allegation that's being looked into. even if they don't file charges, if you have a situation where they don't file charges because the doj squashed it politically you will have mass revolt at the f.b.i. they are career law enforcement officers who want to see justice done whether it's a democrat or republican. andrea: you have think they would leak the recommendations? >> absolutely. kennedy: this is bigger than ted cruz's naturalization status is for him. harris: they would be willing to

exit and leak the information. harris: now to the republican side. there are 12 candidates in the running but with only three days before the next gop debate. on fox news business there are just a few who appear to be battling out for that top spot. the latest fox news poll shows ted cruz leading in iowa. but in new hampshire the february 9 primary is shaping up to be not nearly as close. the rest, well you see for yourself. single digits and a couple hashtags. some people are wondering who is mr. gilmore. we move into the final two debates before i've what upon fox business.

andrea: trump has maintained the lead. he's on very, very solid grounds. i can't imagine what would shake that at this point. he's still doing well. new hampshire is a great place for him and he's likely to win that if the election were held today. the other candidates, all they have do is talk about trump. and all trump does is talk about hillary. he's really focused as a general election candidate like he is the nominee. the others are still squabbling and swiping. w's brother can't stop talking about trump. >> they also developed an obsession with ted cruz. i'm not cruzing with ted, that's not what i'm saying. but the point is, you don't know what the voters are going to do

and what levers they are going to pull. not only is see you what important, but the last debate, the last chance for voters to get to see all of these people on stage is going to be very interesting to see if there is going to be a shift now to try and take down cruz instead of trump. harris: i think they think it's still too early to tell. is it too late for nick to bump trump? melissa: even today when trump is saying these things about cruz's citizenship you almost feel like he's trying to help cruz. he's giving cruz some air. it's like a favor to him to even say this. there is like this lead group is so far ahead you almost want to it narrow a bit so you can see

something new happen or really see the field going out into the distance. like you, andrea, i don't see what would upset trump. >> both of them even though cruz is part of the establishment because it's a senator, people don't perceive him that way. it's a very anti-establishment crowd. both of them. it's a rejection of beltway politics. >> if one of them gets the mom nation other one's fors are more than likely to jump on the bandiningbandwagon. harris: cruz is bringing up the idea of nationality. >> that argument isn't going to go anywhere. harris: really? legally. you are a judge so you would

know. the first republican debate is coming up on the fox business network this thursday. sandra smith and trish regan will be hosting the early debate at 6:00 p.m. eastern. then maria bartiromo and neil cavuto will take the reins. president obama is set to give his final state of the union address tomorrow night. wonder if people are look at the new information. follow-ups we are remembering a music see you con. singer david bowie passed away. a look back at his life and legacy. what if one piece of kale

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at ally bank no branches equals great rates. it's a fact. kind of like reunions equal blatant lying. the company is actually doing really well on, on social media. oh that's interesting. i - i started social media. oh! it was my...baby. ♪ kennedy: you're watching "outnumbered." we're one day away from president obama's 7th and final state of the union.

we have preview what to come with list of special guests t includes a syrian refugee, former illegal immigrant, a man who stop ad gunman on paris-bound train and lead plaintiff in the supreme court case legalizing bay marriage. the there will also be an empty seat for victims of gun violence. the white house says the speech will focus on issues and challenges ahead. this as a new "fox news poll" finds a majority of americans thinks the obama administration has failed on top issues including terrorism and illegal immigration and health care. so, melissa francis, just before the big fbn debate the president is going to try and secure his legacy before a number of presidential candidates tear it to shreds on stage. is there anything you expect from this that will be wort while. melissa: the empty seat the chair he is supposed to be fulfilling on global stage in war against isis?

there is a lot of things, empty chair is very dangerous. shouldn't he be inviting families of the victims from san bernardino? he will save that chair is for victims of gun violence. he will totally set the tone. i think it is another one of those things where people who like him will watch it and hear what they want to hear. he is so deep into his presidency the people who don't like him will turn it off and do anything else. kennedy: yes. melissa: it will be more of what we heard all along. one thing we realize him, he digs deeper into what he is doing. he is not going to change his ways. kennedy: he also, you notice that he is inviting the only american who really thwarted terrorism because certainly not him. it has to be in another country because here his policies, his administration failed in san bernardino. what other fail lures? andrea: could invite family of kate steinle. that is victim from a sanctuary

city and. so that the is moot point. there is talk he inviting a refugee, he will make that part of his speech. i want to hear especially in light of what is happening in germany and europe. how women are being assaulted and raped by migrants. they put them in class, assaulters, arab men. this is a big problem. a lot of police have been covering it up. i want to know if the president will stick with the 60,000 number or back off and specifically what he will do about gitmo? how will he convince the public releasing these terrorists is the right thing to do. that is the what i'm going to be -- harris: such an important one. kennedy: he has been all over the place on isis. harris: white house chief of staff mack donna said on not if but when they will close guantanamo bay. they are willing to work with congress on it but then he said we'll close it -- if there is reality he can do it but could put it out there. it complicates things.

one of those detainees going to saudi arabia today. >> you guys will have to clue me in on everything he discusses. i will not be watching. nine out of 10 americans will not be watching it. kennedy: college football? >> watching any even "family guy" but won't watch this. melissa: a good show. kennedy: really grinds my gears. >> his last state of the union addresses declined in audience, last nun 2015 had lowest rating ever for state of the union address. that is 31.7. less than one out of every 10 americans. i predict this year he drops into the 20s. nobody will watch it. you could put a goat in the empty chair and -- kennedy: that i would watch. i would definitely watch a billy goat in the house chamber. not a bad idea. >> not a baaad idea? kennedy: being a parent it is not easy, you know that most folks agree with that statement but how would you feel the

government teaching you how to be a good mom or dad? it is sicken, isn't it? it is happening and some folks love it and some say it's a great biggs serving of nanny state. we'll discuss it. ♪ this is joanne.

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harris: cooking up more "outnumbered" for you in a moment to taste but let's first go to jon scott with what is coming up in second hour of "happening now." hey, jon. >> hey, harris. why afghan troop numbers are much larger in paper than reality. so-called ghost troops are making a tough fight begins the taliban even harder. "affluenza" mom is in court again. will a texas judge reduce tonya couch's million dollar bond and allow her to walk tree? >> amazing country under the sea. archeologists find whaling ships 150 years after they sank off the coast of alaska. all coming up at the top of the hour. harris: can't wait, thank you. >> british prime minister david cameron calling for parents to enroll in state-backed parenting classes where they learn how to raise their children properly. the prime minister's proposal announced just today is part of $102 million investment in relationship counseling meant to keep families together. cameron saying, quote, in the

end, getting parenting and early years right isn't just about the hardest to reach families, it is about everyone. we all have to work at it. if you don't have a strong support network, having your first child can be enormously isolating. but critics including some in his own party say it's nanny state gone mad. so what about that, andrea? andrea: makes me want to say it takes a village. the same thing we've heard before. it is, it is nanny state. >> you don't agree with it? >> i don't. i don't think the british government particularly does things that well. >> clearly you -- andrea: turn a fun segment into sinister one. england is under fire for covering up 1500 young girls raped by pakistani migrants. i don't put a lot of faith in the british government. i don't put a lot of faith in government period. melissa: right. andrea: i don't want them telling anybody's kids i don't live there so i don't care.

melissa: why would you want them spending tax dollars on it? don't they have anything else to do? sure having a first child is isolating and difficult. i don't think the government is one to go in and help. i don't think their advise would be particularly helpful. they have bigger problems than that. kennedy: not the function of government especially in country and patently abusive. secondly that the there is only one way to raise a child. and no one ever picked up a parent magazine, really, you're supposed to feed them? diapers? harris: i play devil's advocate, particularly in communities of color we have some households where there are not two parents in the household with struggles with young moms and so on, so forth. >> right. harris: would this, i don't want to speak for the british would this to happen here would this open the door to give help to the families? i just saying other side.

>> i will join you in devil's advocacy, as in family business we were constantly picking lesser of two evils in custody battles. there would be children better off raised by wolves than by either parent. kennedy: is a class going to fix that? melissa: they're talking about giving the class to everyone. >> first of all -- melissa: isn't that what social welfare are supposed to be about, coming in. >> can't force people to do this. revolt would make tea party look like nothing. but i don't have a problem with them incentivizing parents to taking a course. you get a pimply faced 15-year-old boy who has to study more to get restricted license than a parent to have a child and screw their life up. kennedy: you think we should have permits now to have children? >> i'm not going that far. kennedy: that is exactly the slippery slope you're falling down. >> i'm not going that far. provide some education. kennedy: that is the next step. there is plenty of education available. there is.

there are faith-based organizations and there are social services. andrea: non-profits do much better job than the government. >> incentivize them to take courses in a non-profit. tax rebate or something but encourage parents to learn something and not just mess up their kids. andrea: in the words of david bowie, baby, why don't you shut your mouth. rockledge end david bowie losing his battle with cancer at the age of 69. we'll look back at his life and career and legacy of that iconic musician next. ♪

listen up! i'm here to get the lady of the house back on her feet. and give her the strength and energy to stay healthy. who's with me?! yay! the complete balanced nutrition of great tasting ensure. with 9 grams of protein and 26 vitamins and minerals. ensure. take life in!

♪ andrea: just missed judge and i doing a rendition of modern love. fans around the world in mourning after death of rock pioneer and legend david bowie. he died after 18 month battle with cancer not widely known to many. he had musing career of five decades with songs like "fame." his sound often pushing envelope with fashion and every changing personas. this came days after he released his 29th album, black star, on friday. woman sitting next to me has

interviewed the legend, a number about times, david bowie. kennedy: got to sit down with david bowie when they collaborated together which was special. bowie was such a huge influence on trent resner. he was making downward spiral, huge breakthrough album for nine inch nails. he listened to david bowie to constantly be steeped at inspiration. you look at msicians from pretty much every era. look at lady gaga, sure she is groundbreaking and pushing boundaries, but as david bowie came out as ziggy stardust the world was trying to make sense of it. no one wanted to but the music lives on in generations. melissa: kennedy were you one of the people in the first photo. kennedy: that is me on stage. [laughter] melissa: kennedy, which one is you? is that kennedy?

kennedy: that is lovely betsey johnson dress. melissa: bring that hairstyle back? kennedy: i bring that hairstyle back every weekend, melissa. that is awe natural. bow we the genius legend. what is your foister song? andrea: modern love. his wife imam had comments. harris: married 23 years. if you're into that. i think it is beautiful, just off the charts in terms of style and fashion. i follow her on twitter, i thought is something coming. sometimes you will never know the true value after moment until it become as memory. nassau wished him a happy birthday. a lot happened after release of his late it hest music last week. we lose him. she said she married david jones. bowie was the person on stage. jones was the home guy she had. >> other favorite david bowie

songs? kennedy: star man. andrea: we'll discuss this during ot. and we'll sing again, thanks, judge. ot.com, click on the tab. but now, "happening now." people draped above a furniture store. and lock up. ♪ look up here, i am in heaven.