jon: that's how we do that. melissa: okay. jon: want to come back for second hour? melissa: i will. you went to home depot and didn't buy me a plant? jon: we'll talk. "outnumbered" starts right now. ♪ sandra: happy tuesday, everyone, this is "outnumbered." i'm sandra smith. here today, harris faulkner, host of "kennedy," fox business's kennedy is here. from fbn, correspondent elizabeth macdonald. we welcome back #oneluckyguy, judge alex ferrer. harris: order on the couch! >> i enjoy being outnumbered. sandra: you were tweeting out as you caught the plane to come here, she kissed and you and then mentioned she had a cold.

>> have a safe trip. oh, i think i'm getting sick. sandra: in my case, it is just allergies. don't sit too far away from me, harris. in the house big hearing on the controversial nuclear deal. white house narratives on iran nuclear deal. the senior advisor reportedly behind the narratives a big no show. according to "new york times" magazine ben rhodes bragged how he spun the media and american people in selling positive aspects of the iran deal. the white house not only denying that, saying rhodes is not testifying due what it claims is a separation of powers issue. that not going over well w republican lawmakers as it didn't take long for the sparks to fly. >> you had plenty of time, mr. rhodes, to talk to all your media friends and talk to the echo chamber you brag about in the "new york times" but when it comes time to actually answer

your questions under oath you decide not to do it. >> these experts here are all repeating the same talking points, for the same republican political narrative. this hearing basically created his own republican echo chamber. >> i have an inquiry. >> yes. >> is mr. hannah here? >> yes. >> well then, why didn't mr. couplings ask him the questions? he will have a chance to ask mr. hannah to ask a chance. we don't have a chance to ask mr. rhodes questions he wants to ask. he didn't bother to show up. >> would the chairman yield? >> yes. >> i can say whatever i want to say in my opening statement. >> yes you can, it needs to be fair. my point. just be fair. sandra: three gop senators are calling for the white house to fire rhodes, calling him disrespectful and deceptive. among other things, and judge, the gop senators mark kirk, john cornyn, john barrasso, three gop senators that signed that

letter. they're calling on the white house to fire ben rhodes before he further tarnishes the office of the president. ben rhodes a no-show today. >> i doubt that subpoenaing him will make a difference, not one bit of difference in the world. executive privilege, interestingly is not in the constitution at all. it is a creature of case law. it has been created over the years by the courts to protect the separation of powers. it intended to, really a balancing act between the president's right to have confidential communications with his trusted advisors and congresses right to know. in foreign policy the president's right to executive privilege is at its strongest that weighs, compared to for example, president bush asserted it with regard to katrina communications that weighs in obama's favor. on other hand the counterargument congress's right to know and need for oversight giving iran nuclear weapons is equallily higher.

sandra: kennedy, ben rhodes made the case to "new york times" magazine. why not make your case before congress? >> that is what i'm wondering. he is so willingly to publicly disseminate his hand crafting this foreign policy, by his admission carrying it to the american public's eyes and ears, why is he reticent to talk to congress? seems he was pretty darn truthful. i don't know if he gobbled a gallon of sodium pentathol before he spoke to the "new york times" reporter but he was flap happy talking about ways he duped the press selling this story. sandra: the way we understand that piece that he, allegedly misled the public with this iran nuke deal. so should someone be accountable for this. >> someone should be accountable because the facts, he admits he put into what he calls the beltway echo chamber there was more moderate faction brought into office in iran in 2013. that seems when the nuclear deal

took off. rouhani and his cohort would going to be more open but the iran deal was in place or talks to do it in the administration in 2012. so that is clearly whipping a fastball by the american people. if he talks to "the new york times" because he waive his executive privilege because he talks to "the new york times"? should congress subpoena "new york times" reporter and ben rhodes. sandra: i will defer to the judge. >> i was going to. you can waive a privilege. attorney/client privilege can be waived. the argument could be made that he speaking to topic on media he waived privilege. counterargument, it is not his to waive, the president's privilege to waive. whether or not that holds up i don't know at this point. harris: could they give him the approval to do that? most of with us public lives we have to answer to somebody. >> sure, reputation and branding are on the line.

i imagine the white house would have the same thing. >> i would hold up, i don't know whether that would hold up. if he was directed to make the statements, yeah the privilege is waived. harris: you know me, i'm sitting hand in a bucket of popcorn side by with c-span watching things. watching hearing with my sweet tea. something jumped out of me, congressman jim jordan see as pattern of administration. he asked everybody in the hearing remembered jonathan gruber. it was so quiet. who couldn't remember he was. he was so-called architect of obamacare. sandra: said americans are too stupid. >> a lack of transparency is political advantage. congressman jordan used that as an advantage, as an example to show isn't that exactly what ben rhodes was doing here, with the media? a lack of transparency by floating out a certain narrative, a certain dialogue to so-called friendly reporters to get a message out that coincided what the administration wanted

you to believe than maybe what the facts were? isn't that exactly what jonathan gruber did? what congressman jordan is saying doesn't that bring this to higher level? i don't know, would that maybe press for subpoena? does that go beyond all of this? >> no, certainly grounds to issue a subpoena. the problem is whether or not the privilege is going to be upheld by a court. is a court going to say, oh, yes, this is going to override a privilege of that significance on foreign policy, highest level that a president -- sandra: pattern in the administration. >> it absolutely shows a pattern by this administration to block any transparency, especially -- >> so much for the most transparent administration. >> it really is, from gruber to rhodes, they're essentially doing same thing. >> reflects really poorly on the media they can be manipulated like a bunch of puppets. harris: not at at of us!

voters head to the polls in oregon and kentucky. former secretary of state campaigning across the bluegrass state because polls there are extremely tight. she is pitching her agenda and sharing what role her husband would play when elected president. when asked by a reporter if he would be in the cabinet she shook her head know. but speaking to a crowd earlier in the day she said he would help with the economy. >> my husband, who i will put in charge of revitalizing the economy, because you know he knows how to do it. [applause] especially in places like coal country and inner cities and other parts of our country that have really been left out. harris: all right. so i can't even believe she uttered the word coal after all the trouble she had with coal-mining families. before the show started you were crunching numbers and this is what it was like under bill clinton. sandra: i was.

it is fair to point out, i'm not making the case this is because of the clinton administration but it is fair to point out over bill clinton two terms in office, dow jones industrial average, american stock market was very successful. the dow went up 226% bill clinton. unemployment rate, the headline government puts out fell from 7.3% when he came into office to 4.2% by the time he left. i will let liz macdonald make the case why that may not have been result of bill clinton's policy. >> he enjoyed the dot-com boom, the tech boom during the clinton administration. cold war peace dividend. a split government, congress was controlled by the gop back then. stronger dollar, cap gains, tax cuts. which he initially opposed. thing is, can we say a president really steers the economy? certainly some of his policies but what we are seeing right now is this tack that hillary clinton is taking, basically

outsourcing the economy to her husband? not so sure that will work because she will be in the oval office if she wins, not bill. harris: kennedy's stumped! >> i can't believe she is making this admission. a vote of lack of confidence in herself. most important job voters hand to the president right now is put us back to work, grow the economy, allow us to earn higher wages. that is the critical -- sandra: i'm sure you would say, just stay out of the way. >> absolutely stay out of the way. by repealing glass stiegel, by signing nafta, there were several things that the president clinton did during his tenure where he did get out of the way. it was an era of he deregulation arguably especially compared to now. she is having torun against that record. >> but she has to do it. she has to tout him because he is, for all practical purposes in every way much more popular than she is. the ayatollah is more popular than she is. >> what about lice though.

>> she needs that. i never really remember a time when the candidates from both sides had such a disfavorrability rating you know. she has to overcome that. harris: not just to miss the point with bernie sanders, he has really tacked to a degree that she has to talk about the economy. she has to talk about how she would do it differently than he. as we look ahead tonight in kentucky, they will hold a closed primary. that will shut out independents, which typically give sanders somewhat advantage going against hillary clinton although he continued to beat her without them sometimes. so we'll see what happens. she wants to move ahead with couple victories. ore bonn, analysts say will probably go sanders way -- or gone. the optics after guy stays raising north of $40 million a cycle. >> nipping at her heels. harris: crowds, just this weekend in kentucky, he got thousands, she got hundred. >> bringing bill in is double-edged sword, trump who is

chomping at the bit got even more legitimate reasons to bring up all the bill clinton stuff and the fact they're a team an whole thing -- >> she had to get defensive about his policies politically because of bernie sanders. because of his left ward pull. harris: you thought the primaries were heated? now donald trump and allies of hillary clinton are preparing for all-out war as judge was alluding to. details on the attack plans for the general election. who could forget the sickening images of our u.s. sailors being held captive at gunpoint by iranians forces? a republican says the white house is with holding details what really happened to our men. details he says will shock the nation. when tv version wraps up join us online with are we pop up live. foxnews.com/outnumbered. sign on to that with facebook and twitter. by the way it get a little crowded.

get in early. you know, like a cocktail party. you want to be early for that. >> we're going to have drinks? harris: no. i'm terrible at golf. he is. but i'd like to keep being terrible at golf for as long as i can. new patented ensure enlive has hmb plus 20 grams of protein to help rebuild muscle. for the strength and energy to do what you love. new ensure enlive. always be you. his day of coaching begins this is brad. with knee pain, when...

hey brad, wanna trade the all day relief of two aleve for six tylenol? what's the catch? there's no catch. you want me to give up my two aleve for six tylenol? no. for my knee pain, nothing beats my aleve. think fixing your windshield is a big hassle? not with safelite. this family needed their windshield replaced, but they're daughters heart was set on going to the zoo. so we said if you need safelite to come to the zoo we'll come to the zoo! only safelite can fix your windshield anywhere in the us. with our exclusive mobileglassshops. and our one of a kind trueseal technology, for a reliable bond. service that fits your schedule. that's another safelite advantage. ♪ safelite repair, safelite replace. ♪ ...of fixodent plus adhesives. they help your denture hold strong more like natural teeth.

and you can eat even tough food. fixodent. strong more like natural teeth. fixodent and forget it. man, it's like pure power at your finger tips. like the power to earn allstate reward points, every time i drive. ...want my number? and cash back for driving safe. and the power to automatically find your car... i see you car! and i got the power to know who's coming and when if i break down. ...you must be gerry. hey... in means getting more from your car insurance with the all-powerful drivewise app. it's good to be in, good hands.

♪

>> hello, welcome back to "outnumbered." growing sign things are about to get uglier, really, uglier? as we race toward the general election. "new york times" plans to go after hillary clinton character on live tv during the presidential debates enabling her husband's bill's affairs. and attack her on benghazi and intends to portray her as fundamentally corrupt going as far as back as late '70s. yeah, bellbottoms. but a clinton spokesman is ready for whatever throws at her, and keep running her own campaign. wow, so brave. fox confirmed a pro-clinton super-pac will spend $136 million to attack trump with first anti-trump ads to air tomorrow in key battleground states a chief strategist telling "politico," the three essential tenets that trump is divisive character and too dangerous to vote for and a con

man. that is a lot of money to start throwing around at this point? do you think it will work? will she have the magic recipe to sour his casserole? >> i think they both will. they will both blow each other out of the water. winners will be broadcast stations selling all the ad time for these ones of billions of dollars of commercials. one thing we've seen in the past, voters tire of this. the negative and negative and negative really becomes taxing on them. after a while, they start to tuning everything out. they don't want to hear anything more. >> feel like the race has already gone on for three years and we've still got almost six months to go. >> you know, people watching this, what is going on and candidates, almost like they're jumping into a pool of live hair dryers way they treat each other. will it work? will hillary clinton be baited by donald trump to respond to "crooked hillary"? i doubt she will respond like nixon, i'm not a crook. i don't think she will do that.

newt gingrich is right, way of shrinking people. little marco. lying ted cruz. will it work with hillary clinton? listen, people time and again, we've seen it in exit polls, they're talking about the economy. when reagan said are you better off than you were four years ago, and donald trump could say, are you better off than you were 20 years ago, that is where household income was trending back when bill clinton was president. >> interesting she is talking about bill's period and economy improving. not talking about obama's period. >> she actually distanced herself from that. she can't not champion economic success her husband arguably had. but now she will have to face off against donald trump. one of the things, and i'm not sure where the rumor got started he is going to call her enabler on live tv. she can't take the high road. she will be forced to deal with it in the moment. harris: right. >> do you really think -- harris: what he might do but, in readingwhat the strategy is, and you're talking about where you hit her, her negatives are so high.ald trump's.

but what i understand the strategy to be, to make it so personal she does have to come back and that tanks the negative poll numbers even more for both of them. because right now, bill clinton is still so popular. you have to take some heat away from him potentially. although he has done nicking of his own with mistakes along the way on the campaign trail so far this season. it is interesting. she is disciplined fighter on debate stage. it hasn't been personal. bernie sanders has not gone that way with her. we haven't seen what it looks like. >> all the 16 candidates on the same stage, not all at same time with donald trump, all were experienced politicians with years of debate experience and that didn't seem to help them because you are not entering a period of familiar decorum with donald trump. sandra: trump, pointed that out. i looked at my gop rivals to try to go after. i tried to go after her security lapses in benghazi. it didn't work. he apparently has a strategy to

make that work on live debate stage. here is where he gets very specific. just getting nasty with hillary won't work. he says you really have to get people to look hard at her character and get women to ask themselves if hillary is truly sincere. harris: that's a great point. sandra: there is a lot of time for both candidates to prepare for these type of attacks. reportedly he will bring up cattle trades of hillary clinton. there is no telling where he is going to go and what he might pull up we haven't even heard yet. >> try to make her with the unpredictability. harris: will he have the cash. >> will he spend the cash because he hasn't up till now. harris: will the gop being able to raise it? >> i believe the answer once they realize she is the confirmed nominee, then they will coalesce and i think they're going to spend that money. harris: maybe some of the unity building is about. >> unity, you old friend. [laughter]. details will shock you. and it's not the clinton

playbook. what he calls the real story, what happened to our american sailors when they were captured by iran and congressman's claim that the obama administration is hiding it from the american people. plus the supreme court in a no decision on the obamacare contraception mandate. why these nuns are celebrating. yeah, sisters, doing it for themselves and why their fight is hardly over yet. judge alex here to explain everything. please stay with us. before earning enough cash back from bank of america to buy a new gym bag. before earning 1% cash back everywhere, every time and 2% back at the grocery store. even before he got 3% back on gas. kenny used his bankamericard cash rewards credit card to join the wednesday night league. because he loves to play hoops. not jump through them. that's the excitement of rewarding connections. apply online or at a bank of america near you.

♪ harris: i may be one of the most embarrassing episodes in u.s. history. now a republican lawmaker claims that the american public has only gotten part of the story on iran's kidnapping of u.s. sailors. earlier this year it happened. the classified details will shock us all.

congressman randy forbes, member of house armed services committee, was briefly, fully he said on the shameful incident and had this to say on "america's newsroom." >> i can't give you details because of the classified but let me tell you when you see details what happened and how it happened it will be very, very concerning to you, both what the iranians did, which there will be more there than what you've already said or seen but the second thing is, our entire response to handling that would be very, very concerning. i think to you and to the american people and to members of congress. harris: the images of american sailors held prisoner by the iranian military paraded around for the cameras, still sting all the months later especially one point one of the sailors said this. >> it was a mistake. that was our fault and we apologize for our mistake. harris: and as the searing images were still sinking in, secretary of state john kerry thanked the iranians after the sailors were freed. >> i'm appreciative for the

quick and appropriate response of the iranian authorities, all indications suggest or sell us that our sailors were well-taken care of, provided withket and food and assisted with their return to the fleet. harris: what forbes wants, congressman for example, wants, judge, for other members of congress to be fully read in on this he said it could be as much as a year before rest of us could see but it is very important we see it. your thoughts? >> hard to say since we don't know exactly what he is talking about. you will be shocked before when you hear it. it will be a year when you hear it. it won't have any effect on this election. obama and kerry will be long gone. the effect it could have, if something is really correct that will shock people is another blow against hillary clinton because she was secretary of state up until, before this incident happened but she was during his administration of secretary of state and a lot of criticism about our standing in the world and way other

countries view us, russia buzzing our warships and, before this incident, iran live firing right around our soldiers, all indicates that we have degraded completely in the eyes of certainly our enemies, and much of the world. so, you know, all of us would like to know what is he talking about unfortunately? that is long time coming. harris: can't tell us yet. would be interesting to see other congressman he he said, congressman and women read in on all this. kennedy, what is interesting about this is the timing. >> yeah. harris: look what is going on. the ben rhodes situation that there were things about the iran deal they changed narrative on through friendly reporters. i have questions all along about the side deal. you take this situation, there was some come class this was baked into the deal. that something like this could happen make the guys look like they capitulated, embarass us all and not harm them, that sort of thing.

we don't know. >> we don't know. you talked a lot about the side deals and what we don't know about the deal. i would be very curious to see in a report. it is going to take over a year. you get a sense that the secretary and president don't care. they want it off their plates. president talks about optics. that he did something substantial and important in the middle east. he tried working with iran. never mind the previous administration over there. this is not, these are not moderate human beings who have the best interests of the region, certainly ours at heart. harris: that is not what ben rhodes said. he said this would be the moderate regime. >> i don't know how appropriate it is for our guys to be on their knees. it is not appropriate. the revolutionary guard got medals and built a statue with our guys on their niece. >> like jane fonda apologizing to iran and iran doing right

thing. thanks, guys. >> i'm speechless. i wish we would get the details right now. i don't think we should wait a year. i think the american public deserve to know what happens to our sailors over there. how did iran -- sandra: forbes goes beyond. i see clearly there were violations international maritime law here. he goes beyond that to say, listen we wanted our white house, president, secretary of state to stand up to say this is wrong. this is wrong treatment. somebody should be held accountable and to even discuss laws that were broken here, judge. >> sure. sandra: first let's acknowledge how bad this wall. >> international conventions that were broken. iran doesn't care or frankly world court or any other body than the american court sim. i'm curious, i didn't hear the, was senator? harris: congressman forbes? >> i didn't hear congressman forbes say he felt it shouldn't have been classified. he has been briefed on material. i didn't hear him say, this should be released. this information.

i'm trying to envision what about our response to them and their actions would be classified? we're not releasing identities of any -- >> talking about the irresponsibility of the commander, the fact they really shouldn't have been there in the first place which is important part of the story that hasn't been covered that much. >> that is true. had we caught iranians in our territorial waters we would certainly take them into custody. we wouldn't film them and humiliate them and all that. we're above that and frankly they're not. we would have stopped them and seized them. sandra: a lot of reaction there and a lot of reaction to what many are calling a punt in the supreme court in the latest case against obamacare and access to birth control 100% covered by insurance. the eight justices avoiding a major ruling on a challenge brought by religiously-affiliated groups against the contraception mandate. they returned the dispute back to the lower courts for the opposing parties to work out a compromise. both sides claim it works in their favor. here is spokesperson for one of

the groups that sued. >> we're just glad that the supreme court has acknowledged, you know, what we've been saying all along. these services are, could be provided so the government meets their goal without involving us in them in ways that violate our catholic faith. >> justices move is seen by many as latest example of the split court's struggle to get its work done since the death of justice antonin scalia in february. it leaves them evenly split. here is president obama. >> right now women will still continue to be able to still get contraception if they are getting health insurance. i won't speculate as to why they punted but, my suspicion is, if we had nine supreme court justices, instead of eight there might have been a different out come. sandra: what do you make of that, judge, there could have been a different outcome had we

not lost antonin scalia? >> i think he is right. had they not lost antonin scalia, there would have been 5-4 decision in favor of the little sisters of poor. if the senate seated his nominee it would be 5-4 decision in the other direction. that said, what supreme court did, sending it down is unusual act but in all appellate courts especially in the supreme court, if there is a way to resolve controversy without making a constitutional decision because your constitutional decision doesn't just affect this case. from that all the tentacles shoot out into every area that could possibly come before you and lower courts are guided by that if the supreme court can decide a case on any basis other than constitutional interpretation they do it. in this case after oral arguments they reached out to both sides and said, is there any area of compromise that you can envision? each side in candor came back and said, well, the

administration said, well, yes, we could find other ways to give contraception without involving the employer. sandra: liz, this is something you cover really closely. >> the debate is also, common sense would say make birth control over-the-counter, make it safe enough over-the-counter without a doctor's prescription. there is higher principle at play. the government always intruding, intruding via health reform, into, like case of the little sisters. so take the flip side. what if it was, you know, a group that said, you know, we're basically not going to listen to anybody. we're going to allow birth control, the government said you can't have birth control? the point is, the government is poking its nose into places where it shouldn't be. sandra: kennedy, can you lay out differences we're looking at here? little sisters of the poor doesn't want to be responsible for giving any birth control in line with catholic doctrine. other groups don't want to cover types of birth control constitute as abortion which there are a couple of. >> what happened to liberty in

this country? not just religious liberty which is, a critical tenet of this case but liberty in general? economic liberty. you touched on that. i side for the free market and for the nuns. the government shouldn't be forces them at gunpoint. that is essentially what coercion is. that is essentially what this health care law does. it forces you to make decisions you are morally opposed to where the government shouldn't be intruding. my question to you, who has greater cause for separate abrasion because of this. >> the little sisters have greater cause for celebration because of this. compromise will be reached. administration will say to insurers, every policy you issue to employer issue to individuals, provides contraception if employ hears religious objection, they're getting it through you without the employer having anything to do with it. the administration granted tons of exceptions to union groups

and little sisters of the poor they want to fine them $70 million a year. harris: wow, that is a lot of money. sandra: facebook ceo mark zuckerberg preparing to meet with a group of conservatives tomorrow trying to shoot down accusations of bias after the reports claim that the site suppresses conservative news articles on its trending stories list. we covered that story right here on "outnumbered." why facebook employees political donations may put zuckerberg in a tough spot. ♪ my experience with usaa is awesome. homeowners insurance life insurance automobile insurance i spent 20 years active duty they still refer to me as "gunnery sergeant" when i call being a usaa member because of my service in the military to pass that on to my kids something that makes me happy my name is roger zapata and i'm a usaa member for life.

usaa. we know what it means to serve. get an insurance quote and see why 92% of our members plan to stay for life.

mmore "sit" per roll. more "who's training who" per roll. bounty is two times more absorbent. so one roll of... ...bounty can last longer than those bargain brands. so you get more "life" per roll. bounty. the long-lasting quicker picker upper. and now, find dory in the paper towel aisle! get disney pixar's finding dory prints before they're gone. wi probably got that question 3 to 4 times a week. i'd always get asked if i was asian or moroccan or something else. so i jumped at the chance to take the dna test through ancestry. and my results ended up being african, european and asian. it just confirmed what i guess people had seen in me all my life. i do feel like ancestry helped give me a sense of identity.

"what are you?" now i know. discover the story only your dna can tell. order your kit now at ancestrydna.com my mmade a simple trip toonic the grocery storesis anything but simple. so i had an important conversation with my dermatologist about humira. he explained that humira works inside my body to target and help block a specific source of inflammation that contributes to my symptoms. in clinical trials, most adults taking humira were clear or almost clear, and many saw 75% and even 90% clearance in just 4 months. humira can lower your ability to fight infections, including tuberculosis. serious, sometimes fatal infections and cancers, including lymphoma, have happened; as have blood, liver, and nervous system problems, serious allergic reactions, and new or worsening heart failure. before treatment, get tested for tb. tell your doctor if you've been to areas where certain fungal infections are common, and if you've had tb, hepatitis b, are prone to infections, or have flu-like symptoms or sores. don't start humira if you have an infection.

ask about humira, the #1 prescribed biologic by dermatologists. clearer skin is possible. real is touching a ray. amazing is moving like one. real is making new friends. amazing is getting this close. real is an animal rescue. amazing is over twenty-seven thousand of them. there is only one place where real and amazing live. seaworld. real. amazing ♪ >> welcome back, so glad to have you. let's see in facebook ceo mark zuckerberg glad to have people meeting with him. prepared to meet with group of conservatives tomorrow. comes in the wake of a report

from gizmodo that the site intentionally excluded conservative news articles from the trending story list and manipulated stories that weren't trending to give them bigger play. facebook denied the claims. but says it is investigating. dana perino, co-host of the "the five" is attending. >> there are a lot of things facebook has done. this troubling report about suppressing conservative viewpoints and news stories, facebook, one not in their interest to do that, to alienate half of the country. they're taking it seriously. i also think it is probably fairly solvable. i'm looking forward to go tomorrow to hear what they found. they said they haven't found evidence of the problem. >> uh-huh. meantime american conservative union chairman and cpac matt schlapp, not optimistic. he will not be attending. 80% of the facebook employees political donations have gone to liberals.

oh the outrage. that is not a huge shock. look what they do. look where they live. they're in northern california. harris: that's fine, however they want to do it, as long as it didn't filter in the material. i would not this would be a thing because i don't get my news from facebook necessarily. >> it's a huge thing. harris: it is huge thing for 62% of the people in the u.k. and u.s., internet users, facebook members. it's a big deal for them. you want the process to be as transparent as possible. so i get that. this points to me more an issue about shareholders and money. holding a group like this, if you found no evidence, then why are you trying so hard to prove you haven't done anything wrong by hanging out with a bunch of conservatives that will make you look like a bunch of conservatives? what is the problem. sandra: this is what the company is based on, they are supposed to be, advertise, open forum for users. >> is this what? harris: does this hurt the stock

price? >> zero impact. >> considered biggest news operation in the world. 1 billion active users. they could fix it, algorithm they would use be about traffic trending stories and cut out so-called curators. they don't say that. they don't say that. sandra: they say they have a series of checks and balances involving software formulas and humans. i'm thinking if the trending list is truly trending lists and based on algorithm and clicks why are humans involved at all? >> here is the problem. if you're algorithm is based on fact that you scour for news articles what is reported most commonly being reported, first fundamental problem you have is most of the news media out there is liberal. that is separate issue all together but -- >> curator is considered like an editor. facebook is risking brand reputation like the liberal media, right?

behaving like that. >> exactly. problem now your algorithm will spit out three times more, five times more articles liberal than conservative because fox is reporting conservative most of the media is not. so you started with algorithm doing that. if you put in curators to fix it, the curators in your company contribute 80% to liberal causes. what do you think their viewpoint will be. >> without the curation it is mechanical. a bunch of rob boats giving you your news. harris: exactly. >> my worry the government will get involved and conservatives better be careful. if they're asking for some sort of oversight -- >> be cale what you ask for. >> because this is unfair. harris: programs the line should be, should there be a federal look at this to say there is a problem and let the market decide how it wants to fix it. >> yeah. harris: as kennedy says, first of all if the government fixes it you have years. you have plenty of time by the time they get to this, right? if they do, overreach is possible. >> interestingly there is parallel in the law.

you can pass a law that didn't intend to discriminate, but if it has disparate impact you have a problem. facebook needs to look at it maybe it is not what we intended and i can see a problem so we come up with a solution. >> smart enough to the shift the perception if they don't -- harris: what it is, window-dressing. >> that is exactly right. i don't think they're going to move their curators right ward. owe, zuck. yes, another campus controversy. seems like we heard some of these. college republicans said pro-police display was torn down by "black lives matter" activists and replaced with a different message completely. the way this was resolved and whether there is a double-standard on college campuses, when it comes to freedom of expression. could that be? stick around for the answer. this is joanne.

her long day as a hair stylist starts with shoulder pain when... hey joanne, want to trade the all day relief of 2 aleve with 6 tylenol? give up my 2 aleve for 6 tylenol? no thanks. for me... it's aleve.

good luck with the meeting today. thank you. as our business is growing, and you're on the road all day long, it's exhausting. holiday inn has been a part of the team. you're on the fourth floor. it makes life on the road much easier. book your next journey at holidayinn.com

it manow it's war, they band i want them dead!lves. the fleas and ticks? their whole gang. we can do that. only bravecto kills fleas & ticks for up to 12 weeks with one tasty chew. starts killing fleas in two hours and kills nearly 100% in under twelve. and it's fda approved. bravecto is for dogs 6 months of age or older. don't worry, princess, we'll settle the score.

tonight we ride, with bravecto!! ask your vet about 12-week protection with bravecto. >> more "outnumbered" in just a moment. let's go to jon scott with what is is coming up in the second hour of "happening now." jon: hillary clinton making big investment of time, energy and money in kentucky.

trying to stop bernie sanders momentum and wracked up several big wins and expected to grab victory in oregon. we'll talk about the kentucky and the divided democratic parity. insight how donald trump might run against hillary clinton in general election as mr. trump beefs up his fund-raising and campaign staff. big news on the deadly train derailment near philadelphia last year. what went wrong? some answers ahead on "happening now." harris? harris: we'll see you then. thanks. jon: sounds good. >> the president of the college republicans at dartmouth college is blasting the school administration for how it handled an incident involving a pro-police display that said "blue lives matter." students put it up to honor officers killed in the line of duty but was torn down and replaced almost immediately by posters from "black lives matter" activists who claim the first display co-opted their movement to memorialize, quote, perpetrators

of state violence. the president of the college republicans telling greta about it. >> next morning we got up and we saw that our display was torn apart and replaced with "black lives matter" posters. later that day we went through, we talked to the administration, there was a lot of mixed signals. finally on sunday, 48 hours later after other attack, after the display hat been destroyed, we got a record from the administration condemning what occurred. >> ultimately they got back of use of bulletin board but college republicans president said the way the administration handle was very different response to "black lives matters" students when one of their displays bass vandalized back in november. >> one thing for sure that event the administration took much quick every and stronger stance what occurred. in addition to what the administration wrote about our organization's display on sunday, they expedited the process of "black lives matter" protesters to put up a display

right next to ours. so that was something that really a double-standard in this situation and from the school's administration. >> so, sandra, over the last year i think we've seen repeated incidents of university administrators at least on occasions i've been on the couch, university administrators, faculty members bowing down to liberal protesters, disruptors, whether in the libraries or in the dean's office doing a sit-in, i in where else. they have no problem immediately shutting down any conservative protests calling them out. sandra: yeah. >> are we seeing spineless administrators or something more sinister going on? sandra: background on you, judge, you are a former police officer. >> sure. sandra: if we were to set aside talking purely about the law here, reaction from the school administration, how does that make you feel to see something like this happening and the

difference in treatment to two different cases? >> very frustrating. >> most of america is behind the pro-police group. there are police officers that act inappropriately like everybody else. this idea we're seeing repeatedly especially on college campus where first amendment rights should be paramount. if anything we should teach our students the right to speak and heard. sandra: why do you think the school administration is reluctant to respond to the way they did the "black lives matter" demonstration in november? >> i think combination of things. i think most things that suggested, one is i believe that they are somewhat spineless. they, they are afraid of being accused of being racist. they shy away from any confrontation put them in that light. by the same tone it dovetails with their liberal views. harris: i would add a third one, maybe as former police officer you could see this, you mentioned the few bad apples occur any category of job, any

segment of our society, as a whole in the last year or so there is a narrative ofville noising the police officers in this -- villainizing the police officers in this country. if we're not careful about free speech, we'll grow entire generation who i they haves that narrative is the entire truth. we shouldn't settle for that. we should fight against that. >> in that vein, kennedy, we immediately saw the department of justice jump out and "black lives matter" movement interfering with the constitutional rights, first amendment rights of individuals who put up "blue lives matter" poster and threaten dartmouth university with federal funds. i just dreamt that, didn't i? >> that's funny. this is a great example of confronting your own beliefs. you know, say there is something about that "blue lives matter" billboard that strikes at you fundamentally, you should investigate that. and maybe have some compassion

and curiosity. i think those are two really critical components missing from academia. missing from the these schools where political correctness. >> parents should look into this. they're being gouged by high tuition increases. sandra: hold right there. we have something on the other side of the break. "outnumbered" in a minute. ...clear for take off.

see ya! when you're living with diabetes. steady is exciting. oh this is living baby! only glucerna has carbsteady, to help minimize blood sugar spikes. and try new glucerna hunger smart to help you feel full. think fixing your windshield is a big hassle? not with safelite. this family needed their windshield replaced but they're daughters heart was set on going to the zoo. so guess what, i met them at the zoo. service that fits your schedule. that's another safelite advantage. ♪ safelite repair, safelite replace. ♪

>> be sure to tune into megyn kelly's exclusive interview with

donald trump tonight. she sits down with michael douglas, former o.j. simpson attorney, robert shapiro and laverne cox. thank you to judge alex. that is it for "outnumbered." join us on the web. foxnews.com/outnumbered. "happening now" starts right now. a formal alert sent after chaos broke out in nevada democratic convention. >> we are covering all of the news "happening now". >> an engineer broadcast on thero that a person on the tracks threw an object. >> this interruption may have caused him to forget his next task. >> what investigators are saying about the actions of the train engineer. plus, a massesive dust storm closing down a highway