hearing, and if news comes out of it we will certainly have it for you. but we have a very special guest, the man in the middle on "outnumbered" today, sean spicer, mandy will be seeing a lot of as a spokesman for the trump administration. thank for joining us, "outnumbered" starts right now. >> we begin with a fox news alert, president-elect's donald trump nominee for attorney general in the center seat for the confirmation hearing in capitol hill. tough room, harsh critics questioning him, and protesters also in the room. we will continue to watch together attorney general nominee jeff sessions before the senate judiciary committee. the senator from alabama actually sits on a panel, and this is day one of what is expected to be a contentious two-day hearing. you are watching out numbered. i'm harris faulkner, here today is meghan mccain, host of "kennedy" on fox business, kennedy herself, democratic strategy, julie roginsky, and #oneluckyguy, sean spicer is

here. we say you are outnumbered, but mostly you are welcome. >> sean: thank you for having me, it is good to be outnumbered. >> you have the greatest socks i have ever seen on this couch. >> sean: thank you, they are official g.o.p. stocks, you can get them at g.o.p..com. >> i like that. glad to have you. senator sessions gave opening remarks when this began just a couple of hours ago. 11 republicans, nine democrats on the panel began lessening him, critics went after his civil rights record. senator dianne feinstein asked him to respond to a letter signed by 1400 law professors from 49 states who oppose his nomination. the senator also read some of it, here's that. >> nothing in senator sessions public life since 1986 has convinced us that he is a different man than the 39-year-old attorney who was deemed too racially insensitive to be a federal district court judge. i want your response to this,

and answer the question, how do you intend to put behind you what are strongly-felt personal views? >> i did everything i was required to do, and the complaints about the voter fraud case and the complaints against the planned case that i vigorously prosecuted and supported are false. and i do hope this hearing today will show that i conducted myself honorably and properly at that time, and that i'm the same person, perhaps wiser and may be a little better, i hope so, today than i was then. >> harris: other hot button issues like abortion and gay marriage have also come up, and senator sessions he would follow the law in those cases. and this headline. he said if he is confirmed he will recuse himself from any investigation of the clinton foundation or former secretary of state hillary clinton emails. meanwhile, in an unprecedented move, senator cory booker of

new jersey is expected to testify against sessions tomorrow. that will be the first time in history that a sitting senator will speak out against another senate senator for cabinet confirmation. but sessions does have high profile support, as well as from former secretary of state, condoleezza rice, the first african-american woman to serve in that post. she says sessions will work to ensure that everybody is given a voice that is deserved. let's start there, sean. let's start with a kind of support that he has going into this. >> sean: it's interesting, he's got tremendous support from people like condoleezza rice, there is also a group of black pastors that came out in support of him this morning. but the thing that is interesting as he did have support from zombie-like cory booker. last february he put forward a bill with other senators senato recognize the voting rights marchers, and senator booker took to the floor and said i am honored to have partnered with this individual. so it clearly looks like they are more interested in the politics and the substance. senator sessions has a 30-year record of working hard for all

americans, including african-americans. he led the effort to give alabama native rosa parks the congressional gold medal. he was a leader to store voting rights. this is a guy who has shown by working indeed over the last 30 years his commitment to civil rights, race relations, and frankly, it's a shame that the senate is doing this. earlier, you mentioned, individuals from code pink stood up and tried to disrupt the democratic process. i think the democrats should be held accountable and should be asked, do you think this is appropriate for left-wing groups to come in and interrupt a hearing? >> harris: an interesting question, because senator graham at one point said that he was bringing up topics like immigration, he talked in detail about that, and he said look, i'm helping you clear the room of the protesters now, because every time he would bring something up, people would jump up, shout, be escorted out. what about this idea that he is recusing himself from anything having to do with a hillary clinton investigation? >> sean: i think it's smart. senator sessions as someone who

has a long history of understanding the law, both working in the department of justice as a state attorney general, as a u.s. attorney, and he understands where those lines are, and i think that is why he is going to make a phenomenal u.s. attorney. >> harris: as we have watch this, one of the things that has been said as he pulled back you will get a little commentary to go back in, is that sessions is very calm. you can tell that he was very prepared for this, and sean, you are nodding. meghan i want your thoughts. >> meghan: it was very clear that he was prepping and training for this for a while, i've been impressed with how he has done so far. the protests are wildly distracting, and i don't know who they need to get in control of that room, but i find it really inappropriate, protest should be done outside at different times. especially by code pink. i think people came up trust like clan members, it is so inappropriate, and it is just adding to the theatrics which i have a problem. >> sean: for the entire campaign, myself, kellyanne conway, we would get peppered with questions, so inso supports donald trump, will you denounce them?

it would be somebody in medical america that had written something in high school, does donald trump denounces person? i think the democrats should be asked, are you going to denounce the tactics by code pink? they need to be held accountable the same way that we are apparently held accountable for the tactics of people who have a right-leading thought. >> harris: it's interesting, because i'm looking across the couch at julie roginsky and you are nodding. >> julie: hobbled in outset, i don't speak for the democrats, sean, but i think it's inappropriate. code pink has progressed to democrats as much as a half, maybe not as much, but fairly often, not just republicans, code pink is in the league of its own when it comes to protests. so i will denounce it. i think it's inappropriate. but i will also say this, let's focus on what is important, not the protests of code pink. but if senator sessions. you brought up senator booker, who i know quite well, actually used to be a client of mine. he is not somebody who is typically somebody who is a firebrand and goes off. and i think his concern is not so much that he partnered with senator sessions, i haven't spoken to him, but i assume his

concern is not so much that he sparked partnered with senator sessions on a resolution honoring somebody from 50, 60 years ago. i think we can all agree to selma marchers were people who deserve to be recognized but are from 50, years ago, not longer. the things that concerns democrats and i assume senator booker, is senator sessions not just record on voting rights as a u.s. attorney back in alabama, but certainly what he believes about voting rights since he's been in the senate. certainly his concern about criminal justice reform, which senator booker has been very, very outspoken on, something that senator sessions does not believe states have a right to do to the extent of the federal government thinks they have a right to do, which is a very different thing from the usual states rights think that republicans want to support. for example, marijuana, which some states agree should be decriminalized, but he doesn't. suddenly states rights is not that important to senator sessions when it comes to issues like this. these are issues that i think concern democrats.

>> sean: the issue should be of concern, but the fact of the matter is that senator sessions record and deed should assure them. you look at 30 years ago when he was a u.s. attorney, prosecuting clients members. i think you are absolutely right, you look at his vote in support for the voting rights act of 30 years, his voting record, his actions as u.s. attorney, his attorney general back in alabama, and his votes as a u.s. senator, show that he actually is a champion. >> julie: what happened at the republican party where in 1986 there 1986 they were so concerned about republican senator sessions that they voted him down. what happened to the republican arctic? >> sean: that's a good question, and you look at arlen specter, who voted no, that before his death said that he regrets regrets that vote, i have come to know him, this is bad we should have confirmed them. you are asking the question, i'm saying that when you talked about the people that back then realize that in a lot of cases they didn't have the full story, they didn't understand the man and his commitment, and since that time he has continued to

be, frankly, champion for civil rights and race relations. >> i will say this, julie, the whole thing started with senator grassley, but we heard from senator collins saying exactly what you are talking about with regard to arlen specter, and how that opened her eyes and many people in the room had their eyes open by the fact that he was a democrat. but then he said, i still support this particular individual based on the man that i have come to know. i want to get onto something else. senator chuck schumer of new york made the statement about some of the confirmation process now being delayed, let's watch that and talk more. all right, this is a quote we are going to pop up on the screen, so you will hear me say. "we have gone from six hearings to three on wednesday, and that is a good process. so many nominees are billionaires and corporate titans with complex financial holdings that raised the possibility of conflicts of interest, which requires careful scrutiny. may have also held views that are diametrically opposed to the president-elect's statements during the campaign, and they have an obligation to tell the american people where they stand

now." your thoughts? >> sean: it's the same chuck schumer that in 2008 when republicans controlled the senate asked for swift consideration of the nominees. tim gardner, treasury secretary, and by no means a poor individual, he urged swift consideration because we needed to do with the financial concerns of the country. i think we would ask for the same standards that senator schumer set out in 2008 when he voted for 42 individuals in the nomination process. he has never concerned too much about the speed at which they have been concerned. when obama was first elected in 2008, republicans controlled the senate, they approved seven the first day in office and five the week after. 13 of them by voice vote. i think we would ask for the same standard democrats asked for when president obama was elected. >> harris: kennedy, i thick it's fair to ask how much democrats might be smarting with what harry reid did with the thresholds of these nominees, particularly in the senate, with 60 votes going down to 51. that benefit of, or would have benefited democrats at the time, now it will flip and benefit the republicans.

it's before of course it does, and senator reid was warmed about that warned about that at the time, and this is exactly what happened, and frankly it's exhausting for the american public, and i don't get some most important thing right now. i think the most boring thing we can be talking about is not civil rights. we have to get off that issue at some point. yes, it's very important, but he is not the attorney general just of civil rights, but also civil liberties. one of my concerns is, i understand that he has had a personal evolution in many areas of his life, but when it comes to marijuana laws, and drug reform, it kind of frightens me that someone in that powerful a position seems like he wants to kickstart a multi-billion-dollar drug war. which is a losing cause in this country. it has cost billions of dollars in millions of lives, and you now see, finally, there is a majority of americans in this country who believe that marijuana should be legal. and that not only means that it's a states rights issue, but also there has to be testing facilities where we can figure out if there is a medicinal

benefit to marijuana. and i worry that this attorney general is opposed to that, and that is not going to be asked of the right questions by these senators, who are grandstanding, like cory booker. >> sean: i think the president-elect himself has talked about the dangers and perils of drugs and alcohol abuse is something that is very personal to him, so i think you are going to find an administration that is going to be very, very careful in this area. because i thing there is generally concerns about whether how our country and young kids, in particular, have handled drugs and alcohol commanded something that we have to be careful with. >> i think president-elect trump has been more sympathetic to the rehabilitation process, and i welcome that. he has also said that he supports medicinal marijuana, and i fear that is in diametric opposition to senator sessions, who said that he wants to take a much harder prosecutorial line against that. >> i want to make sure everybody understand that when you come into the trump administration, it is a trump agenda that you are implement and, not your own, and i think the senator knows that.

>> harris: sean, good to have you. the obama administration is now slapping additional sanctions on five more russians, including a close associate of russian president vladimir putin. it was expected to be contentious hearing tomorrow on capitol hill on secretary of state nominee rex tillerson's ties to putin, so we have that going on, and of course we are watching today the very first want to tip off this week with jeffrey sessions of alabama. we will continue to let you know the headlines coming out of that. also tomorrow, president-elect trump is set for his first formal news conference since july. sean is going to be quite busy, i think. it comes amid questions about mr. trump appointing his son-in-law, jared kushner, as a senior white house advisor. we will get the incoming white house press secretary, sean spicer's reaction right after this. we're coming right back. you don't let anything keep you sidelined. that's why you drink ensure. with 9 grams of protein and 26 vitamins and minerals.

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liberty mutual insurance. >> harris: we are continuing to watch the confirmation hearing of senator jeff sessions of alabama for attorney general. and you see there on the left of your screen is set senator mike lee of utah, so they are going back-and-forth right now. we will monitor this and bring you the headlines as we always do from this, but we have a special guest onset, incoming

white house press secretary, sean spicer, right on time, right before the news conference tomorrow. let's get to it. speak to with less than two weeks left in office, president -- >> meghan: president obama has slapped sanctions on five more russians, including assault close associate of vladimir putin. also senators john mccain and lindsey graham planning to release a bipartisan bill today to increase sanctions on russia over its meddling in u.s. elections. the bill puts congressional republicans in a tough spot as president-elect donald trump has said he wants to forge a better relationship with russia. this all comes as secretary of state nominee, rex tillerson, is set to be grilled at his confirmation hearing tomorrow over his ties to russian president vladimir putin while he ran exxonmobil. but one top senator says he believes tillers and understands the dangers russia poses. watch. >> i don't think his views on russia are out of the mainstream, i think he understands how nefarious they have been, the problems they

have created in ukraine and crimea, what they have been doing in the baltic, what they have done to destabilize europe, stepping into the vacuum in russia and supporting bashir assad. i believe, and of course he can answer tomorrow, he's already thinking about how he is going to push back against putin, knowing well how putin operates and how he responds to pressure of different kinds. speak >> meghan: mr. spicer, wao go to you first, i am really fascinated about these hearings, can you tell me what i can expect, give us a little inside information? >> sean: i can tell you that this cabinet is literally the all-star cabinet of cabinets. someone like rex tillerson, i think once the american people and some of the senators at the hearings get to hear him in public, they are going to be unbelievably impressed. the president-elect chose these individuals because they are unbelievably successful and will be able to implement an agenda that will put the country first. i have it an opportunity to talk to so many of these folks like rex tillerson, and their stories both personally and

professionally are amazing. they are so qualified to do this, and the sacrifices like the president-elect, that they are doing to set aside some of the success that they could continue to have to serve this country is amazing. each one of these individuals in the cabinet is, in some way, achieved a new height in their career. and yet they want to be part of a trump-pence administration and help the country move forward. i think you can continue to see this infectious desire that spreads throughout the country, frankly, people who want to see the president succeed and want to see this country succeed. >> meghan: rex tillerson doesn't have a lot of public speaking, because he's a businessman his entire life, but part of the issue i have of him as i just don't know that much about him. >> sean: and i think the hearing, you will be overwhelmed by his grasp of the issue. you think of a company like exxon, and i think most people think it's an oil and gas company, but you think about the number of countries they do business in, and what they do when they go into a country, he has forged relationships with

leaders over the past three decades. some of whom may be early in their career, so that over 30 years he has developed a personal relationship. he understands not only the business interests of a particular country, but their culture, and has forged a personal relationship with some of these leaders that he can hit the ground on day one and i'll fight for america's interest. >> a few years ago, the united states passed an act that is a bipartisan effort to public punish vladimir putin's inner circle for essentially killing and assassinating journalists and others who disagree with him, and then putin invaded crimea, took part of ukraine and annexed it to russia, and finally we have a consensus in the international community, and not just among the intelligence community, but also among a bipartisan group of elected officials, including senators mccain and senator graham, that the russians interfered in our election. can you commit now on behalf of the administration that you will not be lifting sanctions that are in place? >> sean: i can't commit anything, i think the

president-elect, once he assumes office, will do what's in the best interest of his country. >> julie: so you are open to that? >> sean: is not a question to about being open, it is prejudging with the president-elect is going to do when he gets in office and is afforded the intelligence and insight and guidance -- >> julie: hasn't he had it? >> sean: he has had a briefing, but i think to sit down and with a national security team and the other relevant agencies, the defense department, the state of parma, and advise what the situation is at the time and with the best course of action, maybe we have more covert than overt sanctions. at the end of the day, what is important, is the united states has a relationship with russia. the obama admin's ration committed twoeight reset relations, they brought a button over that was misspelled from the gecko and screwed up the reset that they sought to have. i think this president understands that you have china and russia growing in terms of power in this world, and it is in america's interest to have a relationship with both of these countries, letting them grow unchecked is not in any way --

>> julie: would you acknowledge the russians hacked the rnc as well or attempt to do? >> sean: they attempted to, and the president-elect said in the statement, russia, china, and others have tried for decades. >> julie: you are saying that despite the fact that they hacked the rnc -- >> sean: they didn't hacked the rnc, they tried to. i think we had the appropriate defenses, and the fbi acknowledge that. >> julie: the intelligence committee disagrees with you. >> sean: with all due respect, no. >> the intelligence community warned the dnc and the rnc that there are nefarious actors, they warned both of them -- >> sean: with all due respect, they tried to get into both. they were denied at the rnc. and frankly we stopped them at the gate, then we met with the fbi, answer the call, and continue to work. >> julie: so you are not worried that they have anything in you on you or reince priebus or anybody else? >> no i'm not. >> i just want to ask one question. what is our policy in regards to russia, because it seems like we

have two vastly different things going on. you have a potential secretary of state, and i tend to agree with him, because i think when you have prosperity and peace, and it starts with america, it spreads across the globe. i don't is agree with that or that philosophy. but you have a group of senators, and, this by partisan effort to really thwart russia's dissemination of fake news, whatever you want to call it, anyway they tried to enter into our election. and then you have rex tillerson, who is taking a more peaceful approach. these seem at times to be diametrically opposed. what is the incoming administration's policy on russia? >> sean: the incoming admits ration's policy on russia is where we can align our interests we will. i think it something that hillary clinton talked about. if we can be an ally to russia in a certain shared interest, whether fighting ices or putting america's interest first in terms of economic developers, we will do it. our safety and us prosperity should come first. in case of any country that wants to partner with us to further that goal, we should be willing to do it. but right now having russia as

an adversary whether it's economically or diplomatically, doesn't benefit the country. what we need to do is have all of our party, and friendly most democrats should agree, too, that it is in our nation's interest to have a healthy and robust relationship with russia and other countries. >> will speed 11b will tillerson be tough enough? >> sean: i will tell you this, it rex tillerson is one tough guy. the same way he fought for exxon he will fight for this country. >> let me speak. i would like to say that i am my father's daughter, i have my concerns, but i think we all as americans need to go in tomorrow with a completely open mind and hear this man now. >> harris: with as much information as we can. let's circle back to rex tillerson and what specifically he adds to this, because he did win a friendship award, that was for commerce, julie, i know you will interject, but just to try to understand what he brings to the table. >> sean: again, i think you look at the over three decades, the relationship and success he has had around the globe. there is no question that when

it comes to being a tough negotiator in a successful businessman he has hit the nail on the head. and i think what the president-elect recognized in him is that he can put those talents, skills, and relationships to benefit for the country, it's a huge win. it's nh time you spent in government. he has long-standing relationships with these individuals, he knows how to implement a successful agenda and win, and i think that is what the president-elect sees in him and that is why the country will gain from his tenure as secretary of state. >> it certainly going to be must-see tv for all of americans tomorrow, and i'm looking forward to it. democrats holding a late night potenza protest against g.o.p. efforts to repeal and replace obamacare, but one top of republicans that they are more concerned about messaging than actually improving the health care law. that debate next, plus questions over the president-elect's appointment of his son-in-law as a senior white house advisor. is there a conflict here? we will ask sean spicer, he is here for the entire hour. my bladder wake me up

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>> we are continuing to watch the confirmation hearing of senator jeff sessions, that is senator amy call bashar speaking at the moment, we will keep you updated throughout the hour on what happens and continues to go forward. interesting, fascinating, i can't wait. >> absolutely, but we are one day away from president-elect donald trump's highly anticipated news conference, and tomorrow mr. trump is scheduled to hold his first formal question and answer session since july. it comes as his transition team announces his son-in-law, jared kushner, has been appointed to senior advisor as the president. now critics are now citing federal antinepotism law, jared kushner's lawyer say those laws don't apply. let's first start with what the video was, and that was the pop up impromptu news conference that we saw yesterday, kind of at the tower. so now we have the big one coming up. >> sean: the big one is coming. he has been chock talking to the

presidency has gotten elected, he has gone out to talk to the pool, he had to sit down with "the new york times," he was at conde nast. this notion that he has not been out there is a little exaggerated, because he goes down and talks of the press fairly regularly. >> we saw that on new year's eve he came down and answered questions about obamacare. >> sean: he has been extremely accessible, but tomorrow is a big one that a lot of folks have been anticipating. >> harris: what you think the president-elect will say about jared kushner? >> sean: i think he's going to, that piece was handled yesterday, and very well. >> harris: but were questions to come. >> sean: i'm sure, but jared is somebody that he has spoken about with not just jared, but his entire family and how much their opinion matters to him and their input and concerns. he has been hugely important during the campaign, not just in business, but in politics, giving his father-in-law advice, working with the senior staff, and i think he is going to be a huge asset to not just as president, but this country through his roles and connections down in

washington, d.c. you look at the steps that jared took yesterday. stepping down from a hugely-successful company. >> and his wife. >> sean: yes, and complying with rules that an employee would have to, even though he is not taking a salary. that is another interesting point. there are so many of these individuals that their desire to serve the president-elect, implement his agenda, and serve this country, have foregone any salary or anything. they truly are excited to help this country move forward. >> what is it about his background, his resume, that makes them particularly an adept person on israel in the middle east? because i know that is as a senior advisor where he is going to focus. >> sean: you look at the number of people who have spoken out to bill de blasio to prime minister netanyahu, two other leaders in the diplomatic community, the business immunity, jared assumed he was had a high level of praise and respect from across the board. because i think he has a really keen understanding of the concerns at this country faces, not just in business, but

foreign policy. >> specifically where it does his expertise in israel come from? >> sean: from his time in israel, from his faith, and his connections, frankly. he has worked with a lot of groups and a lot of other leaders in the israeli community, in the jewish faith community, to try to figure out ways to help foster our relationship as a country with israel. but also to help try to solve middle east peace and to bring productive and constructive ideas to the table to key leaders in the process. >> harris: it is so timely with what is gone and the united nations and israel really needing to know how much we support them. >> sean: and you know the interesting thing? it's not just israel, the president-elect has taken a most 100 phone calls from foreign leaders. it is a breath of fresh air to them, and they say to him on the phone, mr. president-elect, we are excited that you're taking office. we haven't had a relationship with the u.s. in a few years. we are excited that you want to work with us. and so there is a genuine excitement, not just in this country, but around the world.

you see these world leaders calling him and telling him how excited they are. >> harris: we know he is going to talk with theresa may. >> will there be any new trade agreements with britain in light of the brigs that vote? >> i think you have seen mr. johnson come out, there will be a discussion about whether or not we can work with britain to establish a bilateral trade agreement, but again it is an excitement that exist, whether talking about britain or russia or any of these numerous countries that are excited that they have an opportunity to reset relations with the united states and reassert america's place in the world. >> harris: one thing we have talked about on the couch, meghan, has to do with what the press corps will look like going forward. you know you guys make people nervous when he said you were going to move around seats and that sort of thing. but there is seriousness about the tradition alley that we have seen, so what will it look like? >> sean: it's a combination, and i don't get is being made in a vacuum. we sat on with the white house correspondents association and other reporters, and it's the same chart that the

president-elect has given and everybody that is served in either a staff role or an appointed role, which is can we deliver a better product for the american people? can we do things better and smarter? i think that is what we've done in the press shop, at least, is talk to reporters and other stakeholders, can we bring more people into the process? is it just washington media that you get access to the pressroom? and we find ways using modern technology to bring people who might have a weekly newspaper in idaho into the process? can we bring a talk radio show host? it >> harris: or millennials? >> sean: exactly, or everyday americans. but the often the mindset is this is how it's always been done. >> daily briefings? >> sean: absolutely, but it's a question, do they all need to be televised, do they all have to be in a particular place? and again, we can make this decision with the press corps. is there a way instead of just 49 seats, can we expand the ability to bring more americans into the process either by technology or bigger space or what have you. but they are discussions that we

should have. and to respect some of the traditions that have occurred, but also to make sure that we are updating it with technology. >> harris: all right, different voices among the press corps is what i'm hearing you say. democrats are fighting tooth and nail to keep obamacare intact and staying up very late at night. particularly last night, with some fiery floor speeches. we will ask sean what will happen to president obama's signature health care law when his boss takes office? fewer than two weeks away, that is a big smile on your face, we are coming back. what makes this simple salad the best simple salad ever?

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a heart attack doesn't or how healthy you look. no matter who you are, a heart attack can happen without warning. a bayer aspirin regimen can help prevent another heart attack. be sure to talk to your doctor before you begin an aspirin regimen. bayer aspirin. >> harris: it has been information filled with senator jeffrey sessions of alabama on the floor, not the floor, but the sender of this hearing for his confirmation as attorney general, and so we have seen all sorts of information and questions asked, and we are continuing to watch that. we can tell you that just moments ago the announcement came that they will be wrapping up for a break in about

15 minutes, so we are continuing to monitor this and the headlines i come up, we have talked about some of them and we will continue to do so and anticipate a break atop the hour. kennedy? >> kennedy: if you see some bleary-i did democrats it is because they were holding a late night protest on the senate floor, such partiers. they were trying to derail republican efforts to repeal and replace obamacare, they broadcast the whole thing on facebook live, part of an effort to portray the repeal effort as reckless. here is senator warren of massachusetts. >> what's the first thing on the republican agenda now that they are in control? is it working to help improve health care in america? working to bring down premiums and deductibles? making fixes to expand the network of doctors and number of plans that people can choose from? any of those? nope. the very first thing on the republican agenda in the 115th congress is to shatter health care in america. >> kennedy: or two actually

made it make it affordable, liz. but senate majority leader mitch mcconnell accused democrats of failing to acknowledge the problems with obamacare, which has led to big premium and deductible spikes in fewer insurance options. >> unfortunately, there are some who will never accept the realities of this failed partisan law. they seem more interested in messaging exercises then replacing obamacare with real solutions. to improve health care. our nation cannot continue on this trajectory as obamacare continues to unravel at every level, leaving americans to pick up the pieces. >> kennedy: but some republicans are getting nervous about repealing obamacare, because they don't know what the replacement bill will look like. and they're concerned it could drive up the deficit. so we are in quite a pickle here, because obviously obamacare has failed, you are seeing that and a majority of americans feel the exact same way. do the republicans have a solid plan right now to replace it along with the repeal?

>> sean: yeah, i think there a lot of plans out there that we've put forward. >> kennedy: is there a solid plan? >> sean: part of it is doing it right, kennedy. you saw what the democrats when they did it, they jammed it through. nancy pelosi told us we could read the bill after they passed it. and look what happened, not only did costco up, but people lost access to plants and doctors. i think to do it right is what is important, and that is what republicans are committed to doing. you've got rand p tom cotton going up during talking about their part of the plan, speaker paul ryan, but i think if you look at some of the proposals that dr. tom price, who will be the next secretary of health and human services, have put forward to allow more competition, to give more access to folks, that is where we are headed. frankly, the interesting thing is it will end up being more about what the bumper sticker for obamacare was in the first place, which is it will have increased accessibility at lower costs. but if you do this right, you can actually achieve that. >> one of the issues that is constantly brought up his messaging, and that seems to be what democrats are focusing on

now as opposed to making sure that this most personal issue is taken care of for americans, particularly sick and poor people, who don't necessarily have an advocate on their behalf. so when democrats go out, when the lies repealed, and they start bringing up examples of people who have lost their insurance, people who are sick and on waiting lists, how are republicans going to counter that? >> sean: remember, they're losing their insurance now. there are too many times when you're walking in and your doctor tells you we know longer accept the plan that you had or frankly you find out the plan that you had is no longer available anymore in your state. so i think if the democrats want to hang their hat on obamacare, they are going to continue to see the results that they did in november get magnified. this, the idea that this is the message they took from november i think as a republican, i think is pretty reassuring, but i think at some point they better recognize that part of the problem was that premiums have spiked, people's doctors and plans are no longer there with that used to be, and exactly the opposite of what they are promised. i think the difference is that

when people start to see the republican plan do the exact opposite, which is the cost goes down, the premiums aren't spiking, and that you are allowed to choose more plans that have the doctors that you want to go to, i think that is going to be a critical move. >> is the replacement plan the price plan? because that has been on the table for many years now. >> sean: it is part of the price plan and then they are working with rand paul, tom cotton, speaker paul ryan and others. because right now we have to get this right, because we want to get more people involved in the process and do it right, as opposed to what democrats did last time, which is jam it down the throats. >> julie: all the people you mentioned have been in congress a very long time, the question is why didn't they repass pass eighth replacement bill a long time ago? >> sean: when obamacare past we didn't have the majority. >> julie: but you have had a for many years, why not pass it? >> sean: in ten days we will finally have a republican house, republican senate, and a republican president.

>> but you repealed obamacare 62 times without having a republican president. in the same vein you could have absolutely passed a replacement bill without a republican president. it would have given us an idea of what the republicans actually want to replace obamacare with. >> harris: in that same token, why didn't the democrats do that? president obama didn't say let's help them come up with the bill for the american people that we can live with, who cares what it is called. he said, "don't rescue the republicans." that's not helpful. >> julie: apple answer, the democrats did their part, they passed a health care bill. you may not like it, but they did pass a bill. my question for the republicans is why did they not pass it? >> let's talk about what we are going to do move forward as a country, because i don't want to see democrats just be obstructionist and don't hold onto something for the sake about holding onto it, because that is status quo and that is not working. >> i would like to know before they repeal the bill what they are replacing it with, right now

i'm hearing replace and delay. >> i would like to see with the democrats will do to be helpful in this whole process. >> we have to roll on, because the steamroll is not going to stop. some questions aspect of the day on capitol hill over president-elect's trumps plans to build a border wall and have mexico pay for it. mr. trump's choice to lead homeland security set for his confirmation hearing, so how will the new administration's plans for immigration play out? that discussion is coming up right here on "outnumbered" ." tech: this mom didn't have time to worry about a cracked windshield. so she scheduled at safelite.com and with safelite's exclusive "on my way text" she knew exactly when i'd be there, so she didn't miss a single shot. i replaced her windshield giving her more time for what matters most. tech: how'd ya do? player: we won! tech: nice! that's another safelite advantage. mom: thank you so much! (team sing) safelite repair, safelite replace.

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>> another one of president-elect donald trump's cabinet picks will be on the hot seat later date, retired marine major general john kelly tapped to lead the department of homeland security, will appear for his help confirmation security hearing this afternoon pretty is expected to be easily confirmed. but will likely be pressed about mr. trump's plan to build a border wall, and other steps to boost security. last night, trump teams senior advisor kellyanne conway saying the plan to build a wall is still on track, even amid questions over funding. watch. >> the president-elect made clear last week, that maybe congress will pay to speed up the process, but the full intent and plan is to then have mexico reimburse. this is the way the appropriations process is.

anybody who's has anything differently as lying, it is doing so for political reasons. speak to mr. spicer, if mexico doesn't end up paying for the wall in its entirety, will you have angry supporters? >> sean: it's possible, but i think mr. trump has been very clear that he is a man of his word and he gets things done, so i think he is going to do it. mexico is going to pay for, and everybody will be happy. but look, you mentioned at the outset, general john kelly testifying today, this is a guy who understands drugs, trafficking that is going on at the southern border, not just coming up from mexico, but other areas where people are using that southern border to come in and other ways. and we need somebody who is solely focused and understands the problem that the country faces in terms of immigration. the economic impact, the human trafficking impact that we are having. and there's nobody better than general john f. kelly to take on that task. >> how will mexico pay for? >> sean: there are a lot of ways. you can look at tariffs and user

fees and remissions, there are other ways that can be done, and i think part of this is to work with congress and figure out away, frankly work with the mexican government, figure out a way to make it happen. but remember, one of the things the president-elect has talked about is companies of moving out of the country and then going to a place with cheaper labor and trying to sell back at the expense of american workers those products, and i think there is a way that you can utilize some of those taxes and tariffs to help fund this as well put it on not going to get in front of the president-elect on this. in terms of the policy aspects, but i think there is a lot of mechanisms by which you can actually seek that. >> you are doubling down potentially on a tariff or between us and mexico? >> sean: are not doubling down, because i think one of the things he has been very clear on is that if you choose to stay, that tariff doesn't exist, that tax doesn't exist. if you continue to stay here in america and put american workers first, you are going to be fine. i think what he's concerned about is people using the tax benefit of another country to disadvantage american workers and sell back to the american consumer.

>> that doesn't sound like mexico's pain, that sounds like somebody else paying. >> sean: i was dovetailing into the broader thing, but i think there is a lot of mechanisms that can be used. >> harris: one of the things at the president-elect has even talked about his event that you would reimburse on a situation, pay for what you need, and then through all those different avenues, get reimbursed. so there was never this sort of upfront cost that we anticipated that there would be anyway paid by mexico. >> sean: on october 22nd, for folks in the mainstream media who are trying to say that he is backing away from southern, he made that very clear that this is the way the appropriations process works, and he would work through that and seek the reimbursement. >> he also talked about the trade deficit, and the trade deficit we have with mexico, particularly, but china as well. so is there a way of reworking that to have a more favorable balance for america? >> sean: sure. what you look at the regulatory and tax impact that a lot of our country, a lot of our companies face, which is why they are moving, and if you can establish

a more favorable tax and regulatory climate here in the united states, grow the manufacturing base year, that by nature would reduce the trade deficit. >> meghan: we have to take a quick break, more "outnumbered" in just a moment.

>> thank you to sean spicer and we are on the eve of the first big news conference. 2017. >> thank you for having me. i am very excited about a whole host of things, real change is coming.

got to get you excited. >> i but your socks on instagram, by the way. >> thank you. >> that is going to do it for us, we will see you tomorrow at noon eastern with more speed 29, but now, "happening now." space and we start with a fox news alert, confirmation hearing for the president-elect eternal general -- attorney general nominee expected to wrap up for lunch. >> jenna: everyone gets a lunch, next round will be conjuring after that. covering the news "happening now." >> i think they will all pass, they are at the highest level. >> jenna: as the senate prepares for the briefing on a rushing hacking, the democrats prepare for a fight, and the pick for secretary of state. >> the american people did not sent us to washington just to lay down and play dead. >> jenna: plus, u.s.