fellow officers. miranda said that mr. scott looked at him and pulled the gun out of the holster and began yelling drop the gun, drop the gun. ran to the suv and try today break the passenger side window with the baton. as he did this, he reported a gun as he was seated in the suv. after the officer broke the window, he saw mr. scott take a deep breath and exit the suv. officers vincent, all saw the gun in mr. scott's hand after

exiting the vehicle, however, as everyone here is aware, none of the video recordings, the dash cam, the body-worn camera or mrs. scott's cell phone video clearly capture mr. scott's hands. what is clearly captured on the video is mr. scott's right ankle when he exits the suv, you can see that the right pant leg is pulled up above the ankle. this is the same spot where you can see a bulge and in the same place of ankle where police recovered a holster following the shooting. [inaudible] >> here is the ankle. pulled it out.

you see what appears to be a holster. also captured in all videos is the repeated commands for mr. scott to drop the gun. based on the footage, officers can be heard commanding ten times to drop the gun. the videos also showed that mr. scott did not comply with those commands. in interviews also describe mr. scott's behavior during this incident. those descriptions included that he had a blank stare. this behavior is consistent with the known side effects of medication prescribed to mr. scott. the additional side affects are aggression and behavior abnormalities.

i'm going to show you a picture where he was in the proximity to mr. scott when he exited the vehicle. this is from the body camera of officer. [inaudible] >> the white suv. mr. scott is here in close proximity across the car. there's been some speculation in the community -- i'm sorry. i missed a slide. mr. scott continued to not comply with the officer's command and in his interview he described moments he perceived mr. scott to be imminent threat.

mr. scott looked at vincent, then looked in the direction of each officer and they looked back at vincent. i'm going play for you officer vincent's interview this portion . [inaudible] >> can you turn it up? [inaudible]

>> so at this point we are going to take you through officer vincent did not know mr. scott, none of them had had contact with mr. scott. what officer vincent know, officer vingent was aware that mr. scott had a give up in his vehicle. he was aware that he had marijuana in his vehicle. he was aware when he pinned the

car that mr. scott chose to draw that weapon and have it in his hand. he was aware that after repeated commands, mr. scott did not obey those commands, sped out of the vehicle with gun in hand, doesn't run, doesn't drop the gun, doesn't leave the gun in the car but steps out and steps back. described by officer vincent. now, how about mr. scott at that point? officer vincent did not know

mr. scott, had not seen him. so unbeknownst to him, mr. scott was aware that he was a convicted felon with a gun and a legal gun and that he had warrants out in gaston county and that he had police officers in tactical gear, weapons drawn surrounding his vehicle. it's at this point that officer vincent fired his weapon four times strikes mr. scott in the wrist, abdomen and rear shoulder. mr. scott unfortunately passed away. i'm going to show you a medical examiner, what the medical examiner, a mannequin where they

put trajectory of the force. now, we know that there were four shots because you hear four shots in rapid succession on the intid -- video. officer vincent said he fired and we also know it because there are four shell cases that are around in proximity to officer vincent. the medical examiner could not tell us the sequence of the projectiles. one in the wrist we don't show. one in the wrist is not a clear through because there are bullets in the wrist, the one in the abdomen goes into the abdomen, in the left side,

travels through and comes to rest at the lower lumbar. the one in the upper shoulder travels from left to right and front to back, begins at the shoulder, 7-inches from the midline of the back, travels down through and ends up at the abdomen at the front part. so much speculation as the first shot being a shot in the back because the evidence does not come close to supporting that. the medical examiner can't say the sequence of the shootings, but if you look at where officer vincent was located, and then you look at the video, we can conclude that one of the shots

before the shot in the shoulder was to the abdomen causing mr. scott to kneel over and causing a shot to go after through the shoulder in the trajectory that ends up in the front of the abdomen. there's been some speculation in the community regarding whether mr. scott was armed. i would like to address those specific concerns. all of the credible and available evidence suggests that he was, in fact, armed. he's the evidence that leads us to that conclusion. prior to my action being taken, prior to any action being taken, officer vincent told sergeant that he saw mr. scott with a gun and sergeant relayed that information over to the radio. that's a radio traffic you heard minutes ago. every officer present reporting saw mr. scott holding a gun. officers can be heard on video repeatedly commanding mr. scott

to drop the gun. the idea that mr. scott was unarmed does not explain by officers acted defensively, had guns drawn and ordered him to drop the gun. everyone who has seen the video of the incident can feel the tension in that situation. according to officer wiggins, after mr. scott was shot, he fell near the ground and the gun near he is waistline. he moved the gun away and ensure that it could not be accessed by mr. scott. on the dash cam video, on the dash camera, an officer -- officer hutler's body cam, reaching with one hand and moving something from mr. scott. you see when he goes down and arm move and step back and then stand ther kind of unusually.

other people -- other officers that mr. scott is standing awkwardly. in mrs. scott's video you can see an object in the same place we see the firearm and body camera footage just after the shooting. he stands there, mrs. scott, you can see something, you don't know what it is. an officer comes up immediately later with body cam. the officer is telling him clear the car. you can see him go into the car to make sure there's nobody else. the car is cleared and in his body cam, it's clearly officer standing over the gun. mr. scott's dna was found in the slide on the gun and on the grip of the gun.

let me say that again. his dna was loaded -- was found on the slide of the gun. however, the state crime lab did not find that proof to be of value. they did not find significant enough to be able to say it was mr. scott's, there's a reason for that. charlotte-mecklenburg uses technology and they made the determination when they sent it to the state bureau of investigation, they sent a disk along with a card, a resolution card. it has different technology. it's like you sending me something to open on some great program you have and i don't have it, i can't open it. so fbi had to look at the lower

resolution and they found that they could not make a determination based on that. mr. scott's gun a colt 380 semiautomatic recovered at the scene. the safety was off and the gun was cocked. there's the gun. [inaudible] >> safety off, cocked and later found a bullet in the chamber. investigators traced mr. scott's gun which was stolen and illegally sold to mr. scott on september 2nd. the seller admitted that he stole the gun in a facebook conversation between seller and third party coroborates the

information. i know that guy, and i know that gun. i'm now going to show you excerpts from that conversation. he's talking to a third party, talking about what he saw on the tv. through the report that will be released today, you'll be able to read the entire conversation between the seller and the third party. i will never sell another one, that's the seller. he had an ankle holster, i hope you wipe my prints off of it. third party, shit, me too. i can get time for that and it will burn me. third party, i was really hoping it wouldn't be the one but you know, i'm going to pray for that because i learned. thank you.

i'm still hurt. i feel like it's my fault he is dead. the seller also reveal that had he sold a holster to mr. scott with modifications that matched those found on the holster mr. scott was wearing. here is the holster. he modified it. oh, yeah, to make sure the gun would fit. the seller went with mr. scott on the same day he sold it where mr. scott purchased a magazine and ammunition for the firearm. agents located a computer transaction receipt for the magazine and ammunition and purchase was made with a debit card ending in the number that matched what was in mr. scott's wallet.

on september 10th, he and the seller communicated about returning or exchanging a clip because the one he purchased was too short. it wasn't working in the gun. if you see the gun, it doesn't have a clip in it. 380 ammunition was located in mr. scott's vehicle inside a pack of gets in the center consul cup holder. in the center consult, pack of cigarettes. [inaudible] >> you can see the broken glass. live rounds, 380 to fit the guns . a reading book was not found in the front or backseat of mr. scott's suv. a composition notebook belong to go mr. scott was found between center console and the front passenger seat and did not match the description by witnesses

that saw mr. scott with a book. i would like to address the claims that someone other than officer vincent shot mr. scott. first, officer vincent took responsibility from the shooting in the outset. every officers' guns were seized. each one had a full complement of ammunition with the exception of officer vincent who was four range short of a full complement. in the video the four rounds are clearly heard and four shell casings were recovered at the scene. each officer has issued a firearm with a unique serial number. officer vincent's gun as well as the four shell casings were sent to the lab for analysis. an expert firearm analyst found that the four shell casings were

fired from officer vincent's gun. nine civilian witnesses were interviewed by investigators. some witnesses gave conflicting statements as well as statements unsupportive by video or physical evidence. three of these witnesses claimed on social media or in media interviews that scott was unarmed, but the fbi later determined they had not actually seen the shooting. when they were interviewed by fbi later, they said they did not actually see the shootings despite claims on social media or with the media. one told reporter she was an eyewitness and saw a white officer shoot mr. scott and that officer vincent wasn't around at the time of the shooting. she later acknowledged to the fbi that she heard officers telling mr. scott to drop the gun but she didn't see the shooting. another told reporters that she saw mr. scott with his hand raised, step over a book that

fell from his lap, those statements are refuted by the video evidence and she later told the fbi that she was in her apartment at the time of the shooting and didn't see mr. scott until after the shooting had occurred and she never saw a book or a gun. a juvenile under the analysis of 16 told investigators that he saw the incident from his apartment. he initially told charlotte-mecklenburg department that mr. scott was reading book and put the book down and exited the suv empty-handed with the hands wide open. in a later interview with the fbi, she shared that information again and added that officers said they were going, the -- taze mr. scott. a white officer shot him. the physical evidence does not support those claims and when

questioned on some of these issues, this witness referenced someone's claim in a youtube video and it became apparent that he had incorporated information he had heard from other sources. investigators also went to his home to examine his advantage point and what they discovered is that it would have been very difficult, if not impossible to make those observations due to the obstruction of a tree and the positioning of mr. scott's suv. basically from his apartment there's the tree and there's the passenger's side of mr. scott's vehicle. he would have to see through the tree and through the passenger side to see anything occurring on the other side of the vehicle. two witnesses said they were inside nearby home and watched the incident unfold, they heard the officers command to drop the gun, both indicate that had they saw something in mr. scott's hand but they could not identify the object. they had a view, but because of

their distance, they say that he had something but they can't say what was in. another witness heard officer shot but turned away when the shots were fired. now, mrs. scott maintained that her husband was unharmed when encountered. it's important to understand that we consider her statements and weigh them with a lot of the other evidence in the case. charlotte-mecklenburg detectives began to interview mrs. scott at the hospital on the evening of the shooting. she ultimately terminated that interview from advice of her attorney. c -- she claimed cmpd never attempt today interview her.

all four fired weapon and no black officer present. the brief interview was captured in body camera. later in the interview the cbs news, she stated that officer was present but she do not believe he shot mr. scott because he was not part of the action. mrs. scott later meet with the fbi and provided valuable information about her husband's medications and their effects. mr. scott had just taken medications and those prescriptions make them -- mr. scott did not have a gun. she told the fbi that the last time she ever knew scott to have any type of firearm was prior to

his arrest in october of 2015 and she was certain that he did not have after january 2016, however, text messages between mr. and mrs. scott the month before the shooting include an argument about a gun in mr. scott's possession. in the report online you will find limited information regarding mr. scott's background and medical history. while he had a criminal history and was receiving treatment for psychiatric disorders, history was unknown from officer vincent. in this case it would merely speculative to assess whether this history explains mr. scott's conduct on the day of the incident. in conclusion, after thorough review and given totality of

circumstances and credible evidence in this case, it is my opinion that officer vincent acted lawfully when he shot mr. scott. he acted lawfully. i am fully satisfied and convinced that officer vincent's force was lawful. anyone justified in using deadly force if he reasonably believes and in fact, believes that he or someone else was in imminent danger of great body injury or death. we cannot know what mr. scott's intentions or reasoning were that day and officer vincent cold not know that at the time. what he saw was a man who had drawn a gun when confronted by police, exited the vehicle with a gun in hand and failed to comply with officers who handed him ten times to put the gun down. when considering eminent threat

it's important to consider the reaction time. reality is that mr. scott could have raised his gun and killed officer vincent or another officer before any of them could have reacted to the threat. reaction time studies dealing with police shootings provide valuable information and these studies are cited in the report. those studies show that in these scenarios the result is a tie at best. even officers in the position of ready watching somebody if they are arm with a gun to their side, by the time they do this, the reaction from officers has to be from the brain to the trigger and the studies say it is tie at best. when considering -- i'm sorry. i think there's a misconception out there, the office does not examine whether officer followed

cmpd, in this case, the only determination this officer is making is whether or not officer vincent acted in self-defense. now, i would like to speak to the community. i know that some out there are going to be frustrated. i want everyone in this community to know that we meticulously thoroughly reviewed all of the evidence in this case, made sure it was credible evidence in order to make the decision that we made today. we took a lot of effort to make

certain that there was no personal bias in the review, public opinion did not factor, in our determination. i would like the community to take a collective pause, the community should read the report, digest the report, please do not act, read the report. in the basis of the decision i find ourselves in a position of correcting misinformation that's been shared both on social media and in the news media. people make claims on camera that later admitted to law enforcement that they didn't actually see the incident. people in the public ask themselves why didn't you

release more information to refute these untrue statements, my office would strive towards transparency but i need people to understand among my highest priorities is also protecting the integrity of every investigation. that means responsible transparency. in an ongoing investigation, details are closely guarded to help measure the truthfulness of witnesses and should someone be charged preserve the defendant's right to fair trial. i know that lack of accurate information is frustrating to the public and the media that operates on a 24-hour news cycle but in this age of instant media and forming opinion, i'm asking that as we move forward we remind ourselves that in these cases we should not jump to conclusions until we have all of

the facts. in the day of mr. scott's day we watched the frustrations boilov. i heard say this is not charlotte. this is not the city that we love but it is. this is charlotte. this is where our friends, families, navy -- neighbors, felt so passionate that they marched in our street to cause a change. let me be clear. i have not and will not condone violence or property damage as a means of expression, but the fact that criminal charges are not appropriate under the law in this particular case does not mean we can dismiss the concerns expressed by those who raise their voices to raise the consciousness of this community. i think it's time that all of us recognize that this is charlotte and not every one experiences the same charlotte.

throughout our entire justice system, people should have the same experience. the people in mecklenburg county deserve the confidence that every case is fair with equity. i would not hesitate to prosecute an officer whose evidence shows acted out of the law. and in fact, we have from assaults to dwi's, to fraud, to unfortunately sexual offenses. we have prosecuted officers. it is my sincere prayer that no one is ever killed by police. but i also pray that police are never placed in a position of having to make the decision to use lethal force to protect themselves or innocent lives around them. i welcome you in part of public discussion and exchange ideas on how to improve our system so that all community members have complete confidence that they

will be dealt with fairly and treated with respect. justice demands nothing less. at this time, i will take questions. [inaudible] >> we do. jenna: you saw live news conference. no charges involved in the police shooting that killed keith scott. this happened weeks ago. i'm sure you remember the riots in charlotte. the da took 40 minutes to explain why there will be no charges brought against the officers. one of the things the city is concerned about is violence breaking out with the latest headline and according to charlotte observer, they're on alert for any sort of reaction. officers are being asked to work 12-hour shifts, but we will see. the news just before noon eastern time.

no charges in this case and if there's more news to develop, we will bring you there. the trump organization could soon have a new leader at the president elect will focus on running the country instead of the family business. jon: donald trump says he will be stepping aside from the company he built handing over control to his three oldest children. this news comes as the president elect choses two top members of the economic team and has a dinner date with former massachusetts governor mitt romney. let's examine all of this jim and john, associate editor of the wall street journal. welcome to both you. is it possible? some people are laughing at that prospect? >> well, it's a big number. they are hoping that tax cuts are going to stimulate the economy and at the same time some spending by government on infrastructure stimulate the economy. the critics are saying that's

going to run up the debt and you're not going to -- the growth you'd expect. he's still putting his team put together. we are seeing more of the faces now. they still have to be confirmed but for the most part business people who have been in businesses like his own and may not have as much government experience as some conventional candidates would have, but again, that's, you know, it's a different approach. donald trump has been all about different approach and they appeal to his base. jon: as he puts his team together, jeff, there are people who are saying, mr. president elect, you promise today drain the swamp and you're giving us a couple of wall street guys to run commerce and treasury in steve mnuchin and wilbur ross, what do you make of that criticism? >> well, that's exactly right and i think democrats in particular will say, look, you made promises out on the

campaign trail, you won the election largely because of your appeal to white working class voters and now after saying you'll drain the swamp, you put somebody into the top treasury job who has a background in goldman sachs, who has a background having profited from the mortgage lending crisis, that said, these are men who are close to trump, who do have finance background and their proposals in terms of tax reform are being cheered by wall street. so there are some contradictions there, certainly the people on the democratic side would not cheer what's going on, but on the republican side and perhaps in the finance industry, people are excited. jon: there's been a lot of noise made, john, about the pace at which trump's team is moving, we put together a little graphic that shows he is actually ahead of the last two administrations. he's named six cabinet members so far or senior-level advisers at this point barack obama's

team had named five and george w. bush had named none. so the idea that this administration is flaying about, this administration and waiting, doesn't seem to be accurate. >> you could hear noise about the process, the speed of the process, the choices that are being made no matter who is the president elect. i think that you're going -- this is all being -- as both of you have been pointing out in a way cotra -- contradiction and on the other hand, the people that have come from private equity in the case of wilbur ross and goldman sachs in the case of steve mnuchin, being praised by the united steel

workers for having saved jobs in the united states ultimately selling off holdings to a foreign holder. all of this deserves a lot more attention and focus on details of what the individuals have actually accomplished to say what they might do to the united states. jon: the announcement that the carrier corporation is going to keep a factory in indiana, save a thousand jobs, is that just corporate pr or did the donald trump knock some heads together and keep those jobs in this country? >> well, certainly the trump side is going to say that he knocked heads together and they see this as victory and, i think, you'll see more of that when trump goes to the state tomorrow. this is a good way for him to start, look, i have fulfilled some of the promises that i have made but people will be watching closely to see if he can continue to do that in other industries. he made a lot of promises as a presidential candidate to save

jobs, jobs back to the coal industry that other people say it's not going to be possible. he'll certain lift this up as victory but there's a lot more promises that he's made that people will be watching to see if he can fulfill. jon: the stock market likes it so far. we will continue to watch as the new team gets named. jeff mason, john, thank you both. >> thank you. >> we have a plan, we have been working with the policy group. we are already sitting down and discussing with congress and this is going to be something that happens absolutely within the first 490 days of this presidency. we are going to have a major tax reform. biggest tax reform since reagan and it's not just going to be a cut in corporate taxes but it's also going to be a very large middle-income tax cut that's going to help this country. >> we know you want to hear more about that. the former goldman sachs executive indicating he and the

commerce secretary wilbur ross will work to reshape the economy . let's bring anthony scaramucci. anthony, good to have you back on the program as i was listening to the interview with maria bartiromo on fox business, it would be a very significant middle-class tax cuts. what specifics can you tell our viewers what they will see in the years to come? anthony: listen, they'll be four rates, the highest rate 33 and the middle-class 12 to 25% zone, but jenna, the real important thing about this is full blown tax simplification, since 1986, the last tax reform, we got 75,000 pages of code and we've got ceo's in america more focused on avoiding taxes than they are making stuff and the average worker or working class person doesn't really understand how to put taxes together anymore.

simplification, look for a very big opportunity for us to adjust policy to create growth in middle-class jobs and rising wages for the working class. so that's some of the things that we are excited about in the trump tower. jenna: what do you want the new america under president-elect trump to look like with that sort of tax policy? anthony: we want three basic things, we want the working class -- in the last eight years the working class has been working from working class to working poor. they believe in themselves and family members can ride to the middle class. secondarily, we want american corporations, huge message to everybody, we want you to deploy your capital here in the united states for manufacturing, capital equipment, we want to create jobs and opportunities by lowering that corporate tax rate. if we get the corporate tax rate down from 35 to 15%, jenna, that means that every company in the

united states will be able to grow their earnings at 30% clip more than what they currently are doing. this is very, very powerful stuff. jenna: it sounds -- make your last point and i have a quick follow-up question. go ahead. anthony: my last point is that the american president is going to be sending a message on january 250th, that the united states is ownership for business and open for jobs and opportunity on policies, tax and regulation. jenna: the current commerce secretary who also happens to be a billionaire said that as well. america is open for business. i'm sure our viewers are listening saying, this sounds great, sounds exciting to get new people into office that can make new calls but why should they trust this team, anthony, why will the results be different than the promises that we have been told before? anthony: well, listen, i don't want to take on the last regime, but at the end of the day, you added taxes, you've added a lot of confusion, the capital gain's

rate, you disrupted the corporate income tax situation in the u.s. where we are the highest corporate income tax in the industrialized world but if you lay down regulation, hundreds of millions of dollars worth of regulation a day and we are still getting it from the obama administration. that's antibusiness. we can create fair regulation where people feel safe but companies can start to grow again as well as make america great again. my message to your viewers is a simple one, you have a lot of common sense people at trump tower who are working tirelessly and looking at their interest. the guy on the 21st floor, the president elect, he cares about the american people more than anybody i met in my life. your message to middle-class viewers and working-class viewers, america is coming stronger than ever. two guy that is have worked together very well.

jenna: quick final question. i know that donald trump, president-elect trump called carrier air-conditioning, united technology is the company that owns carrier and was able to hopefully secure these jobs to stay in the united states. can you tell us about another companies that president-elect trump is making calls to? anthony: well, as you know, we had the ford situation with bill ford. i don't know off of the top of my head but i know that he's asked for a list of these sorts of companies where he wants to be making the calls. i would like to give a shot out to vice president elect pence who is till the acting governor in. [inaudible] that was very big inside the negotiations with carrier. isn't that a great message, jenna. jenna: looking for the next big company. you can't blame me for trying, anthony. come on. anthony: my scoop for you today is vanilla fudge. you can buy that in the trump coffee downstairs. jenna: my goodness. then we have to talk about conflict of interest which i

don't have time to do. anthony, we look forward having you in the program. we always appreciate it, thank you. jon: complete devastation in the mountain communities in east tennessee after waging wild fires in the rocky mountains leaving ashes behind. we will get an update from the national park service next

jon: fox news alert, the democrats in the house have made their courthouse. nancy pelosi reelected as house minority leader. she defended tim ryan who said that the democratic party has lost its way and needed new leadership, but nancy pelosi fairly handily defeated tim ryan who had challenged her for the leadership of the democrats in the house. jenna: we are just trying to grasp the devastation from wild fires in eastern tennessee that have now killed four people and injured dozens more.

take a look at the video. some residents of tourist town of gatlinburg got out with just the clothes on their back catching everyone by surprise. joining me now a stocks woman, molly, we haven't spoken in about 24 hours, what's the latest in your area? >> well, what we have done is brought in a couple -- we brought in more personnel. we brought in type 14 and type 3 team to help management team. it's about 70 members of both teams that bring with them about 30 perpel put on the ground to start assessing the fire, assessing the damage and assisting departments in protecting the structure. jenna: you weren't really able to get up in the air, and to know what's actually happened. have you been able to do that? >> they were able to get up.

we have estimated at least 15,000 acres at this point. i don't have a number that was the one given out yesterday, we had a lot of rain last night, though, that's the great thing and it's continue to go rain today and that's great. it helps suppressing the fire. jenna: what about continued threat to people or to structures? >> there are -- the 15,000 that is both inside and outside the park. so we are actively managing those outside and assisting those agencies and protecting structures. again again how do we know about how the fire started? >> it is under investigation. jenna: what's your biggest concern as you look at the rest of the they? i know you're taking things hour by hour, what's the number one priority for you and your team? >> right now we are looking at assessing and protecting structure. we want to get a handle of what's going on there and continue to go fight the fire when we can. jenna: we know it's a lot of work. molly, great to have you back on

the program. thank you so much. >> thank you. jon: brand-new study sounding a warning about diet soda, we will talk with one of the researchers and tell you more about what that warning contains

jenna: doctor is follow with the new research on diet soft drinks. people who drink low-calorie sodas actually gained more weight than those who didn't. here to talk about it the coauthor of the study, physician at john hopkins. john hopkins university, also a cancer surgeon, et cetera, et cetera, long resume. always great to have you dr. mccarry. we see headlines about diet soda

not being good. what did you learn? >> well, in this study from massachusetts general hospital they looked at groups of people that drank diet soda and groups of people that drank regular soda and the outcome was weight and they found there was really no significant difference in obesity rates and there's a lot more things that go into obesity than just soda but this was sort of an interesting new aspect to look at. artificial sweeteners, some people thought they caused cancer, they don't have higher rates of cancer but they may trick your body into thinking you're going to have sugar on its way and when the sugar doesn't come it creates the sugar craving that results in the late-night binge eating. jenna: i'm curious at how you look at the study as cancer surgeon was heard inflammation

bad for the body for different reasons. i'm curious in your own personal life, how do you view the diet drinks? is it something that you completely avoid or drink in moderation? >> well, i think, moderation will help. we will talk more about inflammation 5 and 10 years from now. it's relate today heart disease and cancer and caused largely by processed foods and things like sugar which is why sugar is the number one thing i look for on a label at lunch or grocery store and if there's one thing you can do with the biggest bank for the buck with your health is drink water and be careful with these artificial sweeteners, be careful with the diet drinks because while they are not dangerous per se long-term they can promote sugar craving and sugar promotes inflammation and disease. jenna: i thought it was

interesting on election day and a few different municipalities including san francisco and chicago, they did go ahead and pass soda tax proposals in the areas, do you think that's the right way about going about? >> there's a lot of sugar tax that's finally getting momentum in cities. a lot of people in public health have said this makes sense, you're either paying for the long-term consequences so you might as well tax it up front. all i know is that people need to watch out. we need consumers that are power today know that it's in tomato, sugar. jenna: thank you so much. >> good to be with you. jenna: and we will be right back so corporate put you up in a roadside motel. but with directv from at&t, you can download then binge watch your dvr'd shows from anywhere.

that makes you more powerful than whatever it is you just stepped in. or that friendly dumpster diver outside. i wouldn't sit there. it's your tv, take it with you. now you can watch your dvr anywhere, at no extra cost, with directv from at&t.

. .

if you suffer from a dry mouth, then you'll know how uncomfortable it can be. but did you know that the lack of saliva can also lead to tooth decay and bad breath? well, there is biotene, specially formulated with moisturizers and lubricants... biotene can provide soothing relief and it helps keep your mouth healthy too. biotene, for people who suffer from a dry mouth. >> so no diet soda for lunch. >> double the water.

>> following the doctor's advice. see you back here in an i don't remember. >> "outnumbered" starts right now. sandra: fox news alert, house minority leader nancy pelosi reelected as leader of the democratic party. the results announced moments ago. the california lawmaker led the party since 2002, fend off a rare challenge by ohio congressman tim ryan. the vote coming despite enchantment by some in the caucus despite the party's disappointing results in the elections. what does this mean for democrats? we'll discuss this later in the show. another fox news alert for you. we're looking live at trump tower in midtown manhattan, two big additions to the incoming trump cabinet and the president-elect hits the town with mitt romney who apparently still is in contention for secretary of state. this is "outmb