>> we'll be back for more fun in one hour. melissa: i know i am. >> good. "outnumbered" starts right now. harris: fox news alert. fewer than 24 hours from now we expect to know who donald trump's running mate is. this is "outnumbered". i'm harris faulkner. we have host of "kennedy," kennedy herself. dagen mcdowell. and host of "justice with judge jeanine" pirro. herself. #oneluckyguy, hope up a five, baby, author of new book, "wake up america." on the cover and on the couch. eric bolling outnumbered. >> great to be here. >> you want me to say how

mark levin would sigh? wake up, america! that wasn't my hillary clinton. harris: we have a lot to get to. >> let's get to it. harris: this time tomorrow we should know donald trump's pick for president, presumptive republican nominee. he will make the announcement at 11:00 a.m. eastern tomorrow. he met with indiana governor mike pence and former house speaker newt gingrich. he says it is between the two of them. >> i think trump has a tough call. he has two really good, but really different choices. and i think it will be interesting to see, certainly i'm one of the people sitting by the phone waiting. harris: but on tuesday the trump family met with new jersey governor chris christie as well. he has also been on the short list. donald trump had said he was looking for a fighter but he appeared to change his tune a bit with bret baier last night. wife. >> i'm at three. potentially four, but in my own

mind i probably am thinking about two. just want to pick somebody that is very good. i want to pick somebody who is solid, who is smart. i'm not looking for an attack dog. frankly i'm looking for somebody that really understands we're talking about. i would rather have the whole thing be on policy. harris: are we about to see things change? eric, traditionally top of the ticket that people vote for, how important is this vp pick? >> i think biggest importance of the vp pick isn't what he is going to do next week, four years, it is debate stage. that is important time. chris christie, clearly of people remaining, newt gingrich, christie and pence, christie would be best pick. donald trump just said i'm not looking for an attack dog. he will not say that and pick christie. i think newt and pence. my gut is that mike pence is seated governor. he is a conservative. he is a christian. he gets evangelicals. he is the non-donald trump where

as newt, who i love, i adore newt gingrich, brilliant, brilliant guy, he is a little bit too much like donald trump for me. i think either one will be good choices. >> you read the tea leaves here and the fact that donald is making this decision tomorrow, i think tells you that you know, mike pence, because he, he has got to say if he is not going to run for governor again, i think tea leaves indicate it is pence and i think donald does not need a street fighter. he does not need an inyour face kind of guy. donald need as policy wonk, someone smart, measured, has the right tone, is washington and knows how to get things done. kennedy: that is interesting, three of these people are in political trouble. newt gingrich hasn't held office for 17 years. mike pence won't get reelected to indiana governorship. chris christie has a lost enemies in new jersey that wants him to leave the state. eric is right, when he says he will not pick an attack dog he

is not going to pick chris christie. on night three, one is held for newt gingrich and vice-presidential nominee. that would say it is not gingrich. gingrich is strong debater and strongest of the three. >> some breaking news. major garrett, who is one our colleagues at another network, tweeted on an airplane coming back to new york, mike pence's deputy governor was on the plane with him. that may be a little bit more of an indication -- harris: hashtag tea leaves. >> anthony scaramucci raising money for trump, who is one of the co-hosts of "wall street week," he doesn't have any inside information but put 95% chance on it being mike pence. you pointed out all reasons for that. by the way donald trump said two days ago he wanted someone skilled in hand-to-hand combat. maybe that is indication he hadn't made up his mind at least in the last couple days. because donald trump is so unconventional you want somebody a little more conventional.

you don't want head to toe tattoos and body peers. you want to choose one or the other. harris: whole different show. we did see something yesterday with senator jeff sessions. you know there was a lot of talk, well he is in the mix? we know donald trump used him as sounding board. some correspondents working the story saying that is probably more likely the case. he flew in to meet with donald trump, that he assumed some sort of final one or two ready to it. i wonder what kind of input sessions would put in? >> remember jeff session was first guy to kind of jump on the trump bandwagon. gave him a bunch credibility. donald was out there, inside d.c. was worried that he wasn't going to be strong enough and sessions said, he will be okay, kind of put everyone at ease and then chris christie came. i would like to note that ivanka trump and jared kurschner, her husband are very influential on

who he is picking. they have been to all the meetings. jared kurschner, he has a pass with chris christie which may be enough to eliminate chris christie. >> chris christie help -- harris: going into this. kennedy: two things, very quick. one he may have not made up his mind. or two, he may have made up his mind and no one we're talking about. harris: the countdown is on, not just for that but for this. just four days until the republican national convention. as the floor is being set up, are we going to see it right now? it is happening live in cleveland! we're getting a list who will be speaking. you heard kennedy speak to it. electric lineup includes politicians, sports stars and celebs. his wife melania, former house speaker newt gingrich, house speaker paul ryan, senate majority leader mitch mcconnell, his former rival, texas senator ted cruz, former

football star tim tebow. all the ladies quaid yeah. antonio sabato, jr., was our #oneluckyguy not long ago. more notable, "new york times" reports that there are plans to emphasize different themes inside of convention. themes would look like this, terror attacks. former president clinton's infidelities, economy and border security, those sorts of issues resonated with core supporters. >> clearly donald knows what will bring his supporters together. for those people out there not supporting him, republican that are not supporting him, 90% the way they did for mitt romney, he needs to remind them look, this is what our issues are. this is what we're about. this is failing of democrats for the last eight years and you know, i think that all of those are going to resonate with all of the republicans, irrespective whether they like him or don't like him, it doesn't matter this is too important for america and too important for republicans. harris: i want to hit you with a

follow-up, i know you know donald trump really well. is this kind of the sweet spot for him, that he hitting themes? would it give him a kind of boost? every candidate hopes to get the boost in the polling from their own party platform and from that convention week? >> i think donald understands now where he is in the campaign. he is not in the primary anymore but he understands that he can talk about the same issues, a little more, shall we say on line with a teleprompter but they resonate with all of us. i think you're going to see a different donald trump. i think the sons and ivanka will knock it out of the park. these are kids who love their dad. whoabsolutely -- harris: eat the spotlight. they're good at it. >> i think he will get bump he needs. harris: anything he needs to watch out for, eric. >> no. i think he is doing everything is right. timing is amazing. polls out in major swing states, battleground states, ohio, pennsylvania, florida, he is doing extremely well.

no one saw that coming. he was down by double digits in some. states. brought it up to the top. rasmussen has a poll where he is leading nationally by seven points, fully leading outright. going into this convention you point out themes, each of the themes that are so important to conservatives. the wind is in his sails right now. harris: what is interesting, dagen. we saw the polling with hillary clinton. at the base of polling idea trustworthiness is still her sticky wicket. if he hits benghazi and hits certain other issues, not issues but underlying theme of trustworthiness. dagen: you can do a little bit of that. they have to look forward into the future and what is wrong with the country and what is wrong with what happened last seven 1/2 years, what they will do to lift us all up, pull us out of the economic malaise. i want to hear, economy, economy, economy, number one issue in new fox news polls in colorado and virginia. that is his sweet spot. i don't think it's a big deal

you have the wow celebrities at convention. this is the trump convention. i think with clint eastwood talking to the empty chair in 2012, you know what, it took spotlight off romney-ryan ticket. mitt romney got zero bump after the convention in 2012. usually conservatives get a five percentage point bump. nothing, big zero, zip. harris: ton of twitter followers. kennedy: tell you this, republican conventions by contrast have been lackluster compared to the democrats. as if they don't know how to put on a show. that is one of the strengths that donald trump brings to it. although you may not have the biggest names in the world you do have some interesting names. i'm fascinated to see what peter thiel is going to talk about. harris: why? kennedy: because he is traditionally a philosophical libertarian who has got very unorthodox, out of the box ideas and he is coming into a republican convention as a delegate, representing silicon valley and he is going to talk about business from a totally different perspective. he is one of those people who

can sell wealth and capitalism and -- dagen: he can be very awkward. that will be again must-see moment for television. harris: jill stein, gary johnson followers, libertarians are out there waiting for third party potentially that will not happen. >> they will be on all 50 states. and they both changed polling when they factored into both polls dagen and eric talked about. harris: if thiele may help grab some of those for trump. four days until the republican convention begins. i can't stop saying it. fox has comprehensive numbered. "outnumbered" moving couch to cleveland. i don't know if we move all the couch. it is heavy. we'll start at noon from the rnc on fnc. and then on the web. foxnews.com/outnumbered, click on overtime tab and facebook live we're there too, sitting there waiting for you.

brand new poll numbers just out showing dramatic shift in the race for white house. we'll dig deeper. what it means for donald trump and hillary clinton heading into the two major party conventions. plus brand new comments from supreme court justice ruth bader ginsburg. what she is now saying about her criticism of donald trump and whether it will put out the fire or only stoke the flames. he said he was going to frame the letter that she wrote. interesting.i' ♪ 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. 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.

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kennedy: welcome back to the couch. you're watching "outnumbered." with the republican national convention days way donald trump is closing gap between himself and hillary clinton in very big way. according to latest marist mcclatchy poll. leading trump by three points nationwide. that is a big change from april when clinton was leading by nine points. time could be very meaningful. voters were surveyed beginning on day fbi director james comey would not indict hillary clinton on the email controversy. he said she was careless handling classified documents. according to latest "new york times/cbs" poll, they are locked at a dead-heat at 40% apiece

among registered voters heading into the two party conventions a major shift from last month when clinton led by six points. important to note that this poll was taken entirely after comey testified. reporting evidence that suggested clinton's email problems are not going away anytime soon. judge janine, you and i spoke about this you actually know director comey. do you think that this was the intended effect of his takedown. >> you know that is very cynical way to look at it but i don't think so. i think jim comey really believes that she doesn't need to be prosecuted. i think jim comey is wrong. i said it on my show, justice. i think he dug himself into deeper hole when he testified on thursday, two days after the announcement. it was clear he didn't understand what negligence was or gross negligence. and any prosecutor worth his or her salt understands that. it was as though he said, i'm going to change the law, i'm

going to substitute intent for gross negligence. here is the bottom line. she intended to have a server and grossly negligent with our secrets. what is going to happen now is it is now really starting to resonate with the public. hey, she got away with it. if what he says is true, even if you're not a lawyer or judge, if what he said is true, this woman should have been charged. anybody who has half a brain could figure that out. then we'll talk about latewer ruth bader ginsburg, people are saying hey, wait a minute, president doubled down on hillary. he said she never compromised our secrets. loretta lynch, who has the career of hillary clinton in her hands, meets with hillary's husband, i think it will just get worse. people will say, it is rigged. kennedy: here's the thing. >> maybe he will be her vice president pick, jim comey. i joke, maybe not. there was a law of unintended consequences. he intended to let her off the hook. but what it has done, the

american people are like, wait a minute, that is not right. i wouldn't be treated that way. kennedy: 56% of people surveyed -- >> i think her numbers are sliding. kennedy: will they stay down though, that is the question? >> this is a trend. her numbers are trending down and his numbers are end interesting up. this is perfect timing going into the conventions, very important time. dagen: that "new york times" poll 67% of the voters said she is not honest and trustworthy, up five percentage points from the poll last month. she has outspent donald trump 15 to one in advertising. his campaign, not including outside groups hasn't run one ad, not one ad. spending 15 to one numbers against him and can't improve numbers. people are watching ads, touchy, feely, fuzzy ads she loves women and children been an advocate for them for many years, they don't buy it. kennedy: she should be a labor

and delivery nurse that would be a wonderful job. harris: donald trump, old adage, don't put a hose on the fire unless your house is inferno. he hasn't had to spend the money because hers is burning all going on email scandal. yield time back to the judge with this question. so, we hear the chatter about the fact that they could reopen the investigation in this sense, just to see if she lied under oath. so there's that. interesting, her conversation with the fbi was not under oath. that is breaking news there. >> she lies to them, a la martha stewart, you go to jail. you lie to a fed you're going to jail. harris: what are the chances it would be reopened? second of all, wouldn't it be better if there had been rules in place that could have punished her a little bit? the fact she got away completely, that left the door open. >> she could have been charged with felonies, misdemeanors, anything. they didn't to charge her. i don't think they will go anywhere with perjury thing. i think they are done. they are requiring fbi agents to

sign non-disclosure agreements they can't talk about the investigation, it is ripe from the get go, it is clear what is going to happen here. when president opened to mouth of fbi agents not talking about a case, clear nothing will happen to the woman. i have never been cynical. >> can i throw something here? i know we have to go. donald trump watches show. and his kids. mr. trump, bring them owl ought out there, bring christie, michael flynn, newt gingrich and go. this is my supreme court. here is my attorney general. here is my secretary of defense. and here's newt, my senior advisor. dagen: a lot of people won't tell pollsters that they're voting for trump. harris: wait until we get to ginsburg. kennedy: absolutely, such a second quarter cause, the presidential race has been so wild thus far, a lot like some would say, pro wrestling. and to prove it to you i wrote a lovely opinion piece with a

professional wrestler, ziegler, a delicious mash up of pop culture and politics. find it at foxnews.com/opinions. harris: i'm clicking on it. kennedy: new twist in the hillary clinton. oh, yeses yogurt deepens. they are skeptical of the decision not to recommend criminal charges and think inside deal was made on the plane between attorney general loretta lynch and hillary's husband, former president bill clinton. fox news has a copy of a letter that fbi agents were sworn to secrecy and subject to lie-detector tests in the email probe, one former agent said could have very chilling effect. harris: so i would wonder at this point, is loretta lynch's career over? what credibility can this woman have at this point? >> what loretta lynch did she violated rule of 14 of the code of conduct of justice department

attorneys, and that is, she was supposed to avoid any appearance of impropriety. harris: shouldn't that be rule two or three? >> when i was prosecutor, i wouldn't be in the presence of someone investigating let alone have a conversation with the husband. for loretta lynch, this is i think the essence of stupidity, that she would take her lead from jim comey? wait a minute. jim comey right now is j. edgar hoover. he is head of the fbi. you are the united states attorney for the department of justice. you are the attorney general for -- you're going to take the fbi's opinion whether to go forward? since when do we not need you? harris: did she take herself and put herself under the bus for this president and this presidential candidate? >> i don't know if she's smart or if she was bought. it is one or the other. if she is not smart, then what she did was, she made an agreement to violate the rules, say looking back, i won't do it again. and then say, i will let jim decide.

kennedy: i think comey gave her cover, i really do. i think someone got to him, if he had recommended charges, then she would have been in trouble. then she would have to put her neck on the line and she didn't have to do that very conveniently. next day she slammed notebook shut, no charges, there you go. >> you don't think this was preplanned? you don't think this was leaked? you don't think she had this in mind? of course she did. this was all in the books and by the way that's what's wrong with politics and that's why on both sides of the campaign outsiders are resonating and winning. bernie sanders got 40% of democrat vote for a reason, because they're sick of that stuff going on. she's smart and potentially corp. rapt because she -- corrupt because she knew it would go nowhere. >> i will go even farther. i will say the woman has been prosecutor most of her at adult life. she knew she wasn't supposed to do that but she didn't care. >> there is no downside. dagen: the fact they didn't

record hillary clinton's interview. as you pointed out but the fact that they interviewed her and she lied over and over and again to the american people, we have to now assume because she is not charged, that she didn't lie to the fbi in that interview she told no lie. >> or they didn't ask the right questions. dagen: right, intentionally. this is the wink and the nudge and the nod. the fbi and the justice department don't charge any politician leading up to election because they don't want to influence the course of history. you think we're cynical now? the cynicism deepens at every thought how she got off. you know what? it sends people to donald trump. sends them -- kennedy: you're absolutely right, pointed out earlier in the in nbc poll, her unfavorables gone up significantly, his depending on poll, stayed static or gone down is a little bit. harris: 8-point flip in florida. she was ahead. that is a huge deal.

that is state demographically you would think she woo have edge is. >> i got news, if she is in the president, you don't think this stuff will continue, whole presidency mired in these sort of controversies and corruption? >> i think americans understand that they lose. kennedy: so many unanswered questions about the clinton foundation alone. >> we have the answers. dagen: do we want bill clinton roaming around the white house with a lot of time on his hands? harris: we're out of time, kennedy. kennedy: yes, we are, harris faulkner. thank you very much. president obama sitting down with "black lives matter" activists, civil rights leaders, hi, how are you, and law enforcement about a conversation about community policing one day after eulogizing five dallas police officers gunned down in the line of duty. what it means for his legacy and race relations in america. very important programing alert for all you. yeah, that's right, outnumbered and el cinco not only one lives

in cleveland. so will the judge. 9:00 p.m. eastern. at the rnc in cleveland. harris: on the fnc at the rnc. >> "justice with judge jeanine." triple j. the right things working together

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we can set up the kinds of respectful conversations that we've had here. not just in washington, but around the country. so that we institutionalize a process of continually getting better. harris: then there is this. new "cbs/new york times poll" shows 69% of americans believe race relations in this country are mostly bad. marking not only the lowest point in obama's presidency, but also in nearly a quarter century.

eric, your thoughts? >> so quarter century going back to l.a. and rodney king era but i would suggest race relations in america are as bad as they have been since the late '60s with massive race riots in chicago and what not. president obama, people are mad at me for saying this, i will say it again. i don't think he should have gone to the podium in poland before he had all details on two shootings, one in minnesota and one in louisiana. i also don't think at the memorial for the five officers he should have ever mentioned "black lives matter." he went five or six minutes, started out great and went ahead and mentioned "black lives matter," grieving families, sons, daughters and wives of officers shot were crying, that was not the time to do it. i think race relations under obama have become vastly worse. >> you know what the problem is, eric? the problem is this president is looking in the rear view mirror. it doesn't matter if he is at a prayer breakfast, you christians had it coming and goes back to

christ and jim grow and slavery. why doesn't he look forward? we are past the civil war. we passed the civil rights era. we have got laws in place. he keeps identifying things were a problem and doesn't get his facts straight. harris: that is interesting point also, kennedy, because when you look what the judge is saying, he doesn't acknowledge how far he has come. he is saying we're not quite there yet. if we're moving closer to there, you have to start acknowledging how far we have come. kennedy: he actually contradicted himself because after the shootings in dallas, hey, race relations really aren't that bad. harris: we're not that divided what he said. kennedy: i think that is way of him to preserve his legacy falsely some he tries to sell narrative not necessarily true. i guess the point is, race relations should be a lot better under this president who, when he was campaigning in 2008 and some of his early speeches, he was much more adept at --

>> there were two hours between the two-mode, times he went to the podium. second time after the officers were killed he said he said race relations weren't as bad they think they are. he didn't say this. he said we need fix the problem. this is a problem. >> america was color-blind when we voted for a black president twice. the problem is primarily fixed. he keeps makes it worse. they have fewer jobs now. he is just stoking the flames. dagen: he politicizes in memorial speech on friday, give impassioned speech you gave for reverend ping any. he didn't do it. he inserted politics and inserted gun control in it. ultimately american people will turn away from those politicians turn to each other, to quote president bush at the memorial for the slain police officers, he talks about empathy. he says that we imagine ourselves in the lives and circumstances of others.

this is the bridge across our nation's deepest divisions. it is not merely a matter of tolerance but of learning from the struggles and storyies of our fellow citizens and finding a betterselves in the process that we need to here over and over again. harris: drop the mic. quoting former president. last word from dagen. journalists calling out hillary clinton after she slammed donald trump banning certain media outlets from covering him. remember that. anyway. reporters say she has her own way of limiting access to the press, whether she is being hypocritical and how it might hurt her, we'll talk about it. stay close. ♪ 80% of women say a healthy lifestyle is a priority.

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dagen: some journalists accusing hillary clinton of hypocrisy after she slammed donald trump's relationship with the press and for banning certain outlets from covering him. >> he has banished members of the press who criticized him. is there any doubt he would do the same as president? dagen: but reporters immediately jumping on those remarks, pointing out that clinton hasn't held a formal news conference since december of last year. let me see if i can get through this without laughing. ben jacobs of the guardian, to be fair at least trump acknowledges we exist. eric geller of "politico" responding to clinton, tweeting, quote, you haven't held a press conference in 500 years. you literally corralled reporters to keep them away from you. that is in reference to clinton's handlers roping off

reporters like cattle. while they were covering her marching in an independence day parade last year in new hampshire. eric, to this point, at least, trump has a tough relationship with the media, but he certainly knows our value and our power and uses best ability. >> everyone beats up on trump in the primary he gets all the media time. it is not all positive. a lot of hours he is in front of that camera he is being destroyed by certain groups and different people who don't like him. it is laughable, that hillary clinton, can say something like that. you point out over 200 days since her last press conference, because, when a press conference ends. you get to raise your hand and ask her a question, everyone knows what questions are going to be. what about email server. benghazi. so many things she can't answer. kennedy: there are no rules. not a structured situation like debate. her hypocrisy it is magnificent, behold, i have never seen

anything like it. >> behold? kennedy: other day with her speech with sanders sitting here talking about taking wall street to task! it is like, you have accepted millions of dollars from wall street. >> you won't tell us what you told them. kennedy: she talks about citizen united. i look at her super-pacs. she is filling her coffers with super-pac, thanks to citizens united. the woman, it is unbelievable. harris: one of the ways donald trump has gotten a lot of earned media, you mentioned not all has been positive, he postured himself against some criticism. it is his way to fight in the open and make his case. you would never see her do that. >> one last thought, donald trump will go on other networks. hillary clinton will only go on her friendly network across the rockefeller center or someone friendly to her. don't give him a hard time for it. v time. dagen: i actually interviewed her in 2008, i have never seen anyone speak for that long

without taking a breath. you couldn't get a question in. couldn't get a he question in. it was classic democratic filibuster. >> obama does that. is there any doubt what he would do about president, talking about donald. wasn't it this administration, friend obama, didn't want us as part of some press conference we had to get information from another news channel? do you remember that early on in the administration? i do. was that before -- kennedy: before or after they targeted james rosen? >> before. dagen: one other thing did a press conference, gone two years, hadn't held a press conference in two years. then she spoke in march, 2015, about the when the email server was first disclosed. and it was, it was one of the most awkward discussions. again that is where -- harris: i do remember that. >> that is when she began the parade of lies. so again --

harris: when she started laughing about it. that was inception about her being perceptively not taking it seriously. did some real damage for her in the beginning. dagen: this is where i don't do my hillary clinton laugh. you can thank me later. >> do you do the bark? >> i'm not going to do that. too early. maybe after five. maybe at 6:00. donald trump in a supreme battle with justice ruth bader ginsburg, a new statement from her today, not before mr. trump unloaded big time. latest in war of words, next. >> yeah, i think i am. i think i'm questioning perhaps her mental capacity, yeah. you don't let anything keep you sidelined.

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harris: making more, baby, "outnumbered" in a moment. first let's go to jon scott, second hour of "happening now." >> we're making up some "happening now." thank you, harris. next hour we're awaiting word on donald trump's presidential pick last hour. speculation at fever pitch, most reporting suggesting it will be newt gingrich or mike pence. trump set to hold fund-raiser next hou latest on veepstakes ahead as well. we're awaiting a decision from hillary clinton. she is meeting with senate democrats on capitol hill this hour.

there is new polling that could be giving her campaign pause. "new york times/cbs" poll showing the race with trump a dead-heat. live report from jennifer griffin. also part two of our in depth look at history of aviation with look at historic adventure of charles lindbergh. the pathway that man blazed. amazing when you see his plane in the air. we'll show you how to do it. next hour. harris: don't let your modesty fly to high. you're a great pilot, jon scott. >> i haven't crashed test. harris: is that the litmus test? >> for some. harris: top. hour, my friend. >> thanks. >> before we do this, can you fix that please? please fix that. >> come on. >> thank you very much. [laughter] kennedy: schmoozer. >> war of words between donald trump and supreme court justice ruth bader ginsburg. justice ginsburg saying in a statement she regrets criticizing presumptive nominee in several interviews.

trump tweeted previously she should resign. listen to what he told bret baier before her statement came out. >> there is almost something wrong with her. i don't think anybody has ever seen that before. >> are you questioning her mental capacity or -- >> yeah. i think i am. i think i'm questioning perhaps her mental capacity, yeah. for her to have done that, was an absolute disgrace to the supreme court. and she owes the country, our country an apology. and she owes the supreme court of the united states an apology. it was disgusting. >> originally justice ginsburg told "the new york times," quote, she, he is a faker. he has no consistency about him. he says whatever comes into his head at the moment. and really has an ego. now has he gotten away with turning over his tax returns? why hasn't he and press seems to be very gentle with him on that. now she says, quote, on reflection, my recent remarks in response to press inquiries were ill-advised and i regret making

them. judges should avoid commenting on a candidate for public office. well, we have a judge right here. >> wow. >> it is written that she can comment but judge, she shouldn't, right? >> it not that she can't comment. it is true that judges are required to avoid any kind of political discussion. federal judges in particular, the code of conduct means, says they should not make speeches for political candidates, publicly endorse or oppose or engage in political activity. >> what about from the supreme court? >> there are no specific rules but we have had a supreme court justice who was impeached. that is the remedy right now for this woman. the remedy is impeachment. there are, it is too dangerous, given what she started talking about, taxes, given the fact if there is trump presidency or if there is bush-gore kind of thing, then that is going to require that this woman recuse herself. and she is not going to do it. kennedy: with eight justice on

the bench. harris: how do you recuse yourself when president of the united states, you have already had a back and forth with takes office? what happens? >> here is what happened. she already said if donald trump is president she is going to new zealand. kennedy: she's gone. that is a great place. harris: this is really interesting. by her posturing herself against donald trump. does that mean she is in fact endorsing hillary clinton? that's a problem. that goes against the code of conduct. i did well on the lsat. >> definitely goes against the code of conduct but as you can see loretta lynch went her code of conduct, it didn't matter. >> right. >> by the way it is shocking. this woman fell asleep at state of the union that said she had too many wines. dagen: the quote was i was not 100% sober. we can ask the question is something else going on here? "wall street journal" editorial page calls on her to resign, she

should resign from the court before she does more reputation damage to the judiciary, to the court. >> new zealand. beautiful. most times of year as well. kennedy: actually winter right now in new zealand. harris: really. have best winter gear on the planet. >> for any independent out there who is concerned it really matters who wins the presidency because -- kennedy: supreme court, aren't they supposed to be the adult in the room? >> when you have the supreme court, the attorney general, the president, the candidate, everybody is doing things they know isn't allowed! >> telling me to wrap it. i will read, this number two. harris: you do what you want. >> republican convention around the corner. i'm hitting road to cleveland along with my "the five" family. harris: are you boeing in a bus? >> yes. ♪ the right things working together can give you an advantage.

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harris: yes we are on again, eric billioning. >> yes, we are. harris: you are on a bus. >> we'll be on a bus. harris: it is beautiful. >> all five of us will be on the bus. it is beautiful inside. we leave after the show tomorrow, 5:00. 6:01 we'll be on the bus packed. long enough to read my book, maybe. see what i did there? number five "new york times" best-seller right now. they have us going all through the midwest.

we're doing americana tour. harris: pleasure to have you. be safe out there. >> thank you for having me. dagen: you're not driving are you? >> no. harris: see you live saturday night in cleveland. >> i'm flying. >> best way to go. harris: right now "happening now." marketses are trade nothing record territory. and we are covering all of the newses "happening now". >> please, just come forward. a victim's sister makes a desperate plea. >> get him off of the street. >> trying to catch a serial killer. >> how can the police find the random killer? >> the mobile craze taking america by t