martha: that's all she wrote. bill: happening now starts. ♪ ♪ ♪ jenna: we are awaiting big announcement from trump tower today after president elect made cabinet choice. jon: wouldn't you like to be a fly on the wall? i'm jon scott. mike pence predicting that we will get more important announcements today after mr. mr. trump appoints tom price. high drama over who will fill a very prestigious job as secretary of state this as mr. trump gets ready for

follow-up meeting during one of fiercest critic mitt romney. later today, mr. trump plans to sit down with another contender to be america's top diplomat. let's get the score card from peter ducey, live at trump tower. peter. peter: jon, the president elect says he picked congressman price to head hhs so that price can help him replace the affordable care act with something else that, of course, cannot happen until aca is repealed. that's where paul ryan comes in. we could not ask for a better congress to fix naipción's healthcare challenges. the georgia congressman must be confirmed by the senate before he becomes hhs secretary and the top democrat, chuck schumer is

firing the first shots. schumer says this, quote, congressman price has proven to be far out of the mainstream of what americans want when it comes to medicare, affordable care act and planned parenthood. making waves for early morning tweet where he condemns flag burning. threat for anybody who burns a flag even though it's a constitutionally protested form of protest. the president elect wrote, nobody should be allowed to burn the american flag f they do, there must be consequences, loss of citizenship or year in jail. just hours before meeting with mitt romney tonight about the vacant secretary of state job, we do have foreign policy news, iraq's prime minister said this morning that trump called to play lodgistcal support according to report by the ap. romney meet asking going to be over dinner tonight and spokesman revealed on fox that colleague kellyanne conway had

the president's blessing to go on the sunday shows this weekend and express a critical view of mitt romney. miller did not say that the president elect ordered conway to go up and blow up a potential top diplomat in a few weeks but he did say that the president elect had a heads up and didn't do anything to stop conway. jon. jon: interesting dynamic at work there. peter ducey. thanks for updating. jenna: associate editor and columnist, welcome to you both. why is that? >> you saw donald trump allow. there's been orchestrated effort to torpedo mitt romney with newt gingrich and mike huckabee and congressman chris colins and chairing up one of the leadership teams and of course,

kellyanne conway so when donald trump told joe that he was furious and he threw kellyanne conway under the bus. it doesn't fit a stream trying to put together our next government when we have problems to face. i think, it could have been handled a lot better. i'm sure he we wanted to get his revenge on mitt romney. he could have dope it privately by considering for the job and telling him to go to hell. he didn't, he chose to drag it, i think if he tells him he has the job, i think we will have a heart attack. jenna: we want good health for our guests. i'm wonder if you agree with that assessment of trump's handling of the transition thus far. >> first of all, the last thing i would want for ab to have a heart attack. at the same time, i think all of

this -- i think it's absolutely fine. i mean, you know, we were promised in the current administration to have the most open and clear administration in history. we've had anything but. it's probably the most closed administration that we have had in history and so a little end fighting that gets spilled out in the open is absolutely fine. as far as, you know, mitt romney's feelings are concerned, you know, this is a guy who lost an election ha he should have won, that was a huge disservice possible to republican voters in particular and so, you know, for him to spend the last year doing everything he could to delegitimize donald trump and in the process insulting all of the supporters suggesting that he doesn't have the -- he shouldn't have been running for president and everything he could do hand the presidency to hillary clinton, you know, of course, so what he gets beat up a little bit.

i wouldn't be surprised if he winds up getting it but the important thing there to remember is what that says about mitt romney himself. that's how desperately he wants to be part of -- of this new system. jenna: when you talk about the chattering class, the folks that we trust to give all of the analysis, the consensus is it would be surprising. ab were talking about her health. [laughter] jenna: for you, why would you not be surprised? >> there's a disagreement between trump land. donald trump is hearing from voices in his team that says that mitt romney really would be a good pick and at the end of the day, if mitt romney pix him, it's -- it'll be sort of -- it'll not only mitt romney kissing the ring lu he has to work for him for four years. i'm sure trump will enjoy that as well. jenna: i wonder, ab, if this is

about not having a complete understanding of president-elect donald trump, the analysis of him. i know you're critical of him during this time. the feeling from new york city and washington, d.c. about donald trump and if a transition process can suggest the flavor of the administration to come, many political professionals now predict a wildly unconventional white house at the highest levels with chaos. so slightly negative. people did not understand donald trump as a candidate and they seem to not understand him now as president elect. perhaps, you know, again the chattering class is missing something where the rest of america isn't. >> well, look, i think that people are looking for reassurance that donald trump doesn't want to be a chaotic president. he was chaotic president, he said things in interview that is are reassuring but this kind of conduct is sort of managerial to

to diverge our attention for conflicts of interest, creating an appropriate separation between the two. he's not giving us any assurance about that. people are worried that this is going to -- and so everyone can say that everyone is in a bubble not figuring out the magic of donald trump but the chaos is unnerving. people want to see a peaceful and calm transition to power. they want to see him put together a government that can solve our problems here and abroad and they want reassurance from a candidacy that was chaotic. jenna: do they want chaos considering everything they've

watched in dc over the last eight years in. >> honestly, jenna, the american people feel like washington has been for a long time. they are sick and tired of it. >> another one would be great? >> no, not that at all. they are eager to have chaos in washington. they are desperate for chaos in washington and that's why they voted for donald trump in the first place. that's why i don't think this bothers him at all. they think it's absolutely terrific. the only people upset about it is establishment people that politicians are here or the people that study this as closely as so many of us do that we think there's something precious about it. people don't think there's anything precious, anything really worth saving about so much of the politics of the past 20 years. again again we didn't -- jenna: we didn't get to the burning question.

>> definitely a plate of crow. jon: brazil's president declares three days of national mourning after a chattered plane carrying brazilian soccer team crashed in colombia. and a handful of them sur vied horrific trash. the team heading to final after a fairy tale season. >> beyond devastating, jon. 76 people confirmed dead, that number could still rise around 10 last night the pilots of this incoming charter plane radioed an electrical emergency. dozens of rescuers work through the night trying to pull survivors, so far at least five survived but remain in critical, very difficult to get to the

plane. the chatter plane had departed santa cruz, bolivia. almost the entire soccer team was on board on plane and here they are as they are about to take off so excited on the way to play medellin, that in the copa sudamérica final. now delayed. this video showing players ecstatic after the dream season. the soccer club now saying let this be the last image of our warriors most of these young warriors are now dead. >> we were very moved and shared a lot of the dream with them but

the dream is now over. >> again, at least 76 people confirmed dead and investigators are also looking into whether this plane possibly ran out of fuel five minutes before landing that based on the account of one of the survivors, jon. jon: what a story. thank you. jenna: new details on the investigate on the attack of ohio state university. police considering the possibility of terrorism. it could have been much worse had it not been for the fast-acting police officer. we are going to take a closer look at the possible terror tiet

.

jenna: ohio state police officer is being held as hero for putting quick end to possible terror attack that left people hurt. the officer was investigating accident nearby when a student ran car into a crowd and got out

and started stabbing people. that officer reacting immediately fatally shooting the somali-born u.s. resident. >> the police were there and the police were there instantly. i think the emergency service did a great job. they were there like that. jenna: attacker was identified as an ohio state student who may be linked to a facebook rant against u.s. foreign policy posting minutes before the incident. katherine joins us more on what we know about the suspect, katherine. >> thank you, jenna. artan came to the united states as somalia refugee. identified himself as a muslim. he said he was looking for a place to pray, that's clearly not him, that's malik farook from a different terror attack.

there's no evidence artan had any help when he ran into a crowd of students, both of these methods were recently promoted by isis online and investigators are working on the premise that it was not a coincidence. the senator on the homeland security said this morning there's a lot more to learn. >> we have to find out what signs were missed in the process and how to we stop this in the days ahead. this is one of the most difficult cases, there are other signs that are there. we have to know from the muslim community why it continues to happen that way. >> the fbi has possession of artan's electronics and the bureau is getting the necessary authorities to explode -- exploit them and whether they were being follow, jenna. jenna: any sort of connection because that's been reported. what do you know about that, katherine, and what is important to watch with the social media posts?

>> well, jenna, fox news confirmed this morning that there's a reference to the american-born on the social media postings and refers as a hero. this is significant and were told deeply concerning to investigators because it's another piece of evidence saying that artan was self-radicalized. father of the digital jihad, this photo from 1997 in san diego where he was picked up for soliciting prostitutes. even despite this arrest radical teachings are consumed by those who follow al-qaeda as well as isis. the new york-new jersey bombing suspect rahami who was charged with terrorism was a follower based on notebook obtained by fox news, the threat is also seen in the domestic terror attack in san bernardino, california by farook and malik

and seriously injuring 22 people before the couple were killed by police. so you see alaki has been dead but continues to resinate with those who become self-radicalized specifically on the web, jenna. jenna: we are going to be talking more about that, katherine, thank you. jon: final session of the lame-duck congress underway. there's a whole lot to get done with lu makers facing a deadline to keep our government running but that is far from the only thing on the to do list. push for recounts rolls on. latest on those efforts to verify u.s. election results. >> next we are going to be told that not only russians were engaged but mart ains and all right-wing mart ains. [laughter] you didn't read your car insurance policy. you just stuck it in a drawer somewhere and forgot about it. until a dump truck hit your pickup truck and now you need a tow truck.

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jon: right now the final work session of the lame-duck congress and we are live on capitol hill where there's a whole lot to do with lawmakers facing a december 9th deadline that would keep the government running, that's far from the only thing onto to-list. also to address flint, michigan water crisis by also passing bipartisan bill for medical research and innovation. jenna: push for recounts moves forward, green-party candidate jill stein asking for recount states including wisconsin. wisconsin to start recount on thursday but the recount has hit road block. the clinton campaign has joined the effort and stein said he doesn't agree with hillary clinton's take on how to move forward. >> i don't agree that our priority here is simply a smooth

transition of power f -- if that power -- if that transition is not verified. yes, absolutely. and if we find evidence of a systematic problem, then we will be pushing to expand this recount into other states and across the political spectrum. jenna: former speaker of the house and fox news contributor, author of the new book treason. fiction, but in the description on amazon.com it says this, treason is a story of nation fighting for its life not only outside threat but also internal threat. now, in this case it's terrorism in your book. that's what jill stein says. she doesn't want an internal threat. that's what she's saying, that's what she's fighting, what's your take? [laughter] >> tragically the killing or knifings at ohio state resemble

part in treason which does deal with international efforts by islamic supremacist. i would say that jill stein represents sort of the nut-wing of american politics. notice that there's not a single state in the country, not one where a recount would allow her to win, i mean, she got so few votes everywhere that there's not a sijle state where she's in contention, she would be lucky to go into third place in a couple of places. jenna: she's not doing it so she could win. she's saying that the priority is not the smooth transition of power, i wanted to ask you about that, we heard her say that. it's not the smooth transition of power but if there's a systematic issue. >> well, i think it's perfectly appropriate to look at whether there's a systematic issue. the obama white house hardly a friend of donald trump has said there's not. the head of wisconsin voting system said there's not. i think pennsylvania has a lot

of paper ballots so you have to think what did the russians come over and manually ballot, put in paper ballots. i mean just suggesting to you, when the left loses as bad as they have, at every level from local, state legislature to governor to congress to the presidency, you begin to get this sort of nut-fringe showing up. the fact that hillary's people are associating with her, i think tells you how desperate and disoriented hillary's campaign has become and the whole thing is a joke. it's an expensive joke and will cost the taxpayers money. it's a joke. there's nothing serious about this, of course, it generates news coverage. gives you something to talk about. jenna: can you explain briefly. that caught my attention, it's going to cost the taxpayer's money to do recount. how does that work? >> well, in some states she can file and she has standing and they'll go -- because she's a candidate and they will bring people that will do the recount

and they will charge the cost of doing the recount and it's not like it's a terrible burden, but it just tells you that we are in the silly season which by the way is compounded by having congressman keith ellison as the front runner for the democratic national convention. the left is in the process right now of sort of spinning out of control and getting goofier and goofier. jenna: it's not just the left. the way that donald trump was treated during the campaign he had plenty critics that were coming from the right as well and at the top of the program, i'm not sure you saw but we had interesting debate about how a transition of power is supposed to go and i ask ab about that specifically, about whether or not a little chaos is a bad thing and chaos a word that we are using from an article, not my own choice, here is what ab had to say, i would like to get

your reaction to this. >> the pivot to sort of reassuring people that this job is really about us and it's not about him and so everyone can say that everyone is in a bubble not figuring out the magic of donald trump but the chaos is unnerving. people want to see a peaceful and calm transition to power. they want to see him put together a government, again, that can solve our problems here and abroad. jenna: he's not part of the left. [laughter] >> first of all, you're not seeing chaos, you're seeing a massive amount of energy. this is going to be a very energetic presidency. he has a cross between andrew jackson's disruptiveness and theodore roosevelt's energy and pt thrown in. that's who donald trump is. he announced a very solid person in tom price to be secretary of health and human services.

absolutely first-case choice. he announced betsy devois and working his way on series of appointments, picking steve bannon and reince priebus to be a team and will give him a solid team at the heart of the white house. these are all solid people. the fact is donald trump was very successful with the apprentice. he understands the value of tension and showmanship and candidly the news media is going to chase a rabbit. it's better off for them to give them a rabbit than for them to go off and find their own rabbit. he has them fixated on mitt romney for five or six days. that's terrific. gives everybody something to talk about. he does not think of this as chaos, he thinks as creativity. jenna: monica was speaking on

hannity and she said that she believes that the american people will rise up and protect donald trump against the mainstream media that continues to be looking for every which way to criticize him. do you think that's true? do you believe that the american people can protect president-elect trump? >> sure. they did in the election frankly. they had to total wait -- weight of the elite media and the american people rejected their information and rejected their bias. former press secretary to george w. bush had a very good articlel outlining new ways of thinking about the white house press core and i think he's onto something. president-elect trump's ability to communicate directly to the american people when he wants to through facebook, through twitter, through a variety of mechanisms that aren't traditional gives him an ability to communicate and build on majority unlike any president we have seen up until now and i suspect he will continue to use

it. he is not going to fall into allowing the elite media define who he is and allowing them to sensor what the american people learn. do you think he would be well off to have editorial function, people who look -- the other one in illegal votes wasn't particularly helpful to him. but overall i don't want him to stop tweeting. that's part of who he is. jenna: we don't want him to stop tweeting either because we are reading on a minute to minute basis. we have a book to read, long reading list. speaker gringrich, great to have you back on the program. jon: president-elect trump's transition so far as well, keeping it fair and balance moments from now we will get the thoughts of a guy who has managed a democratic presidential campaign, joechanns trippi's take

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jenna: 3.2% fueled by strong consumer spending, better than expected from the previous quarter which saw economic growth of just 1.4%. of course, this is an initial read. wall street's reactions are tempered by falling oil prices. right now stocks are at up slightly 30 points in the dow.

>> i would say that jill stein represents sort of the nut-wing of american politics. notice that there is not a single state in the country, not one where a recount would allow her to win. i mean, she got so few votes everywhere that there's not a single state where she's in contention. she would be lucky to get into third place in a couple of places. jon: that was former speaker newt gringrich. let's get a reaction from a democrat. he's a fox news contributor, of course. what does jill stein hope to gain from this? she's certainly not going to occupy the oval office? >> i think just building up her fundraising, looks to me. jon: really? >> i agree with newt on this. the nutty candidate doing something that's going to be a waste of time and a waste of money and i don't think -- and

there's no democrats that i know of who actually believe that there was anything wrong with the count, including hillary clinton and president obama and so this is just going to be -- look, the one thing i do think that it's good for donald trump, one it's a distraction and secondly it's going to prove that he won these states, so won wisconsin, so that's -- i don't think bad thing for him and actually makes a clear sort of as tweets are playing into the distraction and, you know, creating a bigger distraction than already was. jon: i wonder if it's good for donald trump. to her credit hillary clinton said, look, he's our president, i disagreed with him, i've campaigned hard against him but he's our president and, you know, let's hope our president succeeds but when you raise questions about the legitimacy of the election, doesn't that just fuel the protests in places like portland that we have seen?

>> well, two things, first of all donald trump has spent a good chunk saying it was rigged so it was strange to wonder why people would want to prove it or check to see what the votes were, but secondly, hillary clinton isn't challenging the vote. this is jill stein doing the recount thing. jon: right. >> i've been involved in recounts from another candidate challenging an election, everybody who participated has to participate in the recount. donald trump is going to have people in those precinct rooms, county rooms making sure that when someone holds up a ballot and says jill stein that it really says jill stein, validating all of it. hillary clinton is going to participate and also donald trump. jon: as you well know, he suggested that he might not go along with the results of the election, i think the wide presumption then was that he was

going to lose by a large margin and that he would then question the results, well, now the shoe is on the other foot and jill stein and maybe some others are questioning the legitimacy of this election, why should they not take the same heat that donald trump did during the campaign? >> well, i think one, hillary clinton did standby the results of the election. jon: absolutely she did. >> the problem is the stein campaign has a right under our system to do this. i don't agree with them doing it. i think it's a waste of time but they have a right to do it and once they assert that right, then both trump and clinton have to go through the process and participate. it would be crazy to not have people in that room and only have one campaign in there counting the votes with the officials. that makes no sense. so at that point, both hillary clinton and trump have been drawn into this. i think trump's tweets to sort

of add destraks and keeping us to focus on other things that are more legitimate conversations points about appointments or where policies are going to go or some of the conflicts of interest issues, but right now we are stuck with the recount dye straks -- distraction. she's the wife of senator majority leader mitch mcconnell. >> by no means that has been a surprise. i haven't been surprised by many appointments president-elect trump has made. he made wise decision keeping steve bannon and general flynn that don't require senate confirmations because, i think,

they would have trouble, but you look at sessions, elain chao and price today, those are people who will not have trouble with getting up on the hill, getting senate confirmation or going through the process. so i think the one thing that's clear and i can't wait to see who it is is secretary of state. i mean, that really is a high wire act with a fight within the party and advisers about who he's going to pick. that one is going to be very interesting. people are going to be fascinating to see who donald trump pix. i know i am. jon: joe, fox news contributor. thank you. jenna: a storm causing rare and fatal condition. next. president-elect trump speaking out about a flag-burning controversy and clashing with the first amendment, our legal

panel weighs in just ahead

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jenna: new information on a rare and deadly phenomena in australia. one remains on life support more than a week after a rare condition called thunderstorm asthma. heavy rain and wind last week triggered thousand of pollon allergy. those particles getting deep into people's lungs, around a third of patients who suffered asthma attacks reported to have never have had asthma before. jon: another twet from the president-elect trump is electing eyebrows. donald trump condemning burning of the american flag. president elect writes, quote, nobody should be allow today burn the american flag.

if they do there must be consequences, perhaps loss of citizenship or a year in jail. let's get reaction from our legal panel today. so the constitutionality question, that's been settled, right, by the supreme court, our bob? >> this issue has been settled twice by the supreme court hence the first amendment the freedom of speech and, in fact, scalia one of the most conservative justices ever known had indicated while personally he's against the burning of the flag which we can all understand, constitutionally he fell in one of the decisions he wrote that's a protected first-amendment right. >> yeah. this is from scalia, the late scalia, if it were up to me, i would put in jail every sandal-wearing, bearded wiredo

who burns the flag but i am not king. if you had a litmus test to picking supreme court justice, scalia would not have made it on this one issue. he said it is protected speech, symbolic protected speech to desecrate the flag. he personally did not want to see that happen. he believed that it's protected by the first amendment. jon: when the president elect says you ought to be punished if you burn the flag, does that suggest he's going to try to put people on the court who agree with him in. >> well, that's a great question, jon. we had just been talking about this. we have really taken a very strange turn politically with the appointment of our supreme court justices. we never wanted a litmus test. we never wanted their personal opinions. what we wanted to do is had competence and put the personal preferences and political

preferences aside and do it based upon what the constitution of principles are at play. this first amendment issue that we have been talking about that's been decided from the kkk and their right -- >> even though we hate it. that's what the first amendment is there to protect. not, you know, little kittens out there that we love. it's about the speech. that's what it's there -- the american way is to protect the most horrid evil speech, symbolic speech is burning the flag even though we all hate it. >> appointing judges, jon, to get back to the question you asked before that has ideological and political preferences in order to get them through the con confirmation process is going to turn our criminal justice system upside down. very dangerous. jon: what about one of the one's citizenship? >> the only way this could change is if it goes through congress and congress makes a constitutional amendment to the

first amendment. that could happen. in 24006 it got very close by one vote it failed, but then it was still probably go to court in a court case and you still be with the supreme court seeing whether or not that change to the first amendment was constitutional. it still would end up in the supreme court. >> here is the point, i do as well, if we start chilling the speech of individuals everywhere we have a problem. what happens next? what if you go to a rally, it's a symbol protest against the environment? what if you have a rally and you start saying the government is no good, the elected officials are bad, do we start punishing that conduct as well? jon: slippery slope. we will have to leave it there. >> so much to talk about. jon: fascinating. thank you both. jenna. jenna: dolly parton putting out comment today.

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jon: let's look what's ahead in outnumbered, megan, melissa. >> mr. trump keeps rounding ut cabinet naming a long-time obamacare critic as secretary of health and human services. could repeal finally happen? melissa: does that mean the end of the hillary clinton e-mail investigation? our #oneluckyguy has been leading one of them. >> outnumbered at the top of the hour.

jon: sounds good, see you then. >> see you then. jenna: dozens of homes destroyed as wild fires rift through rocky mountains in tennessee. jonathan is live with more on this. jonathan. >> yeah, the region is expect today get more rain this afternoon which is ultimately a good thing. the problem is the storm systems have been proceeded by heavy winds and yesterday and overnight that only fanned the flames even further spreading the flames across the region that's been experiencing the worst drought in a decade. the fires are threatening populated areas in the mountains in east tennessee. the country singer putting a public announcement with smoky bear. >> hold off burning leafs, don't park vehicles on dry grass, why even a cozy campfire can spark a wild fire.

right, smoky? yes. >> emergency management officials estimate more than 144,000 residents and visitors were evacuated from the neighboring tourist town. vacation cabins have been destroyed. so far there are no reports of any fatality but several people are being treated for burns an at least three of those burns are reported to be severe, jenna. jenna: such a beautiful area and during the holidays as well. jonathan. thank you. jon: donald trump's election already shaping events around the world. a look at what's been dubbed the trump effect. a netflix docu series making a murderer, the release of this man, steven avery convicted of killing a 25-year-old photographer at family property but new book makes compelling case that the jury got the decision right.

we will talk with the author about what he found . .

>> well, beginning a look a lot like christmas at the white house. this year's theme, is the gift for the holidays with the highlights including 56 lego gingerbread houses, one for each state and territory made from 100,000 lego pieces. >> is is what they're doing in washington, d.c.

it features 150 pounds of gingerbread on the inside, 100 pounds on the outside. quite a sight. >> we'll see you back here in one hour. >> "outnumbered" starts right now. sandra: fox news alert. as we look live at trump tower, a flury of new appointments to the incoming trump administration, including a top obamacare critic slated to head health and hewlett-packard services. plus mitt romney is getting second interview for secretary of state. this is "outnumbered," i'm meghan mccain. host of "after the bell" on fox business, melissa francis. from fbn, dagen mcdowell. and fox news political, legal analyst, eboni williams. and today's #oneluckyguy we welcome backs from the great state of utah, congressman jason chaffetz. you're "outnumbered." >> great to be here. meghan: i love having mountain state people, as an arizona girl. let's get started. big announcements coming out of