very important role, as i'm sure you know. the scenes that have been covered over the last hour-plus have been torture, data collection, russia, iran, wikileaks, a whole slew of things have been tackled, but the hearing started in an interesting way with the lights dimming in the original room where the hearing was supposed to take place. and they had to move rooms, and here they continue in the open session, there will be a close session a little bit later for more sensitive material. but other hearings happening as well. >> dr. ben carson, the hud nominee is being questioned as well, and ober ross, the commerce secretary nominee is also facing some questions, so we are following it all, and "outnumbered" is coming up next, we will be back here in an hour. >> we will see you back here then. >> harris: the breaking news continues with this fox news alert, a triple effect of cabinet confirmation hearings on capitol hill, president-elect donald trump's choice for cia director, congressman mike pompeo, who you see and have been watching this morning.

he is sitting before the senate intelligence committee right now. he was just questioned by senator john mccain of arizona, now they have moved on to senator langford, just to catch you up. and the timing, mr. trump is in a war of words with the spy agency. retired general james mattis is in front of the senate armed services committee for his nomination for defense secretary. the general appears to have bipartisan support, but still needs a waiver to serve due to his recent military service. and dr. ben carson, also on the hill taking questions at his hearing for hud secretary. the doctor, as you may new, grew up in public housing and critics point out that he doesn't have formal experience in housing and urban development, but he is expected to highlight his rags to riches success story. we are keeping an eye on all three hearings and any other breaking news, we will bring you any developments as it comes. >> fox news alert, new fallout over the document leaks that claims russia has come from rising information on

president-elect donald trump. director of national intelligence, james clapper, denying that the intel community is responsible for the story going public. but not before mr. trump tore into that community with some of his harshest language yet, comparing the leak to what happened in nazi germany. this is "outnumbered," i meghan mccain, here today is harris faulkner, democratic strategist, julie roginsky, fox news contributor, rachel campos duffy, and today's #oneluckyguy, cohost of "after the bell" ," osman, and he is "outnumbered." >> david: thank you very much, ladies, he is it is great to be her. >> are really dense newsday, so we have a lot to get into, we begin with a strong denial from the chief of american intelligence regarding the leak of the 35 page dossier containing a variety of allegations against president-elect trump. dni chief james klapper last night, in a rare public stamen, saying he spoke to mr. trump and expressed to him his "profound dismay at the leak," and

insisting that it is his belief that the u.s. intelligence community was not behind the leak. meantime, in a contentious interview on nbc's today show, the incoming counselor to president-elect trump, kellyanne conway, repeatedly pressed on whether mr. trump takes director clapper at his word. >> mr. trump was very happy to receive that information from mr. klapper, and he has great respect for the intelligence community, he said that last friday and he said it again last night. >> but again, does he believe it? >> you will have to ask him what he believes, but what he believes is that we are at a very frost time, that we have leaks on sensitive information for political purposes, and meredith and matt, i'm sure we all agree as to all americans, that is dangerous stuff. >> chief intelligence correspondent katherine harris joins us live from washington, hi, catherine. >> thank you, fox news confirming that the intelligence community leadership wanted to give the president-elect a heads up that the allegations were being widely circulated, a lot of media outlets had them and were sitting on them, with the

fbi working to substantiate, but the allegations were unverified. this was not described to fox as the central element to the briefing or the larger intelligence report that was formally delivered by the intelligence community to mr. trump and his team friday. late last night the nation spy chief, as you mentioned, james klapper sent out the statement, that he had called mr. trump about the media report emphasizing that he was confident the intelligence community was not behind them. it reads in part, "i emphasize that this document is not a u.s. intelligence community product and that i do not believe the leaks came from the ic." that is the action and for the intelligence community. the ic has not made any judgment that they information in this document is reliable. writing in a tweet, mr. trump said that james clapper called me yesterday to denounce the false and fictitious reports that was illegally circulated. made up, phony facts, too bad. and a short time ago, the head of the senate intelligence committee was pressed by reporters on his investigation into the leaks. >> we will continue to look into

leaks, because we have had a massive amount of them over the last three weeks. and that is unacceptable with classified and sensitive documents. >> this reporting here at fox, it does look like there was a lot of circular reporting in this case, that means you have a handful of journalists who think they all have separate sources on the case, but in fact they are talking to the same people. and, the leaks seem to be, or there are at least some suggestion they may be coming from the white house as well, meghan. >> meghan: thank you so much, we are going to start with you, david. i am extremely concerned about all of these leaks. we cannot trust our intelligence commended the two key things that need to be secret secret. we have a serious breakdown in our intelligence community. >> david: and god love the cia, the dia, the whole alphabet soup of spy agencies we have, there are 17 various intel agencies that are now grouped under clapper's control. thousands of people, and i work with the cia and other

intelligence agencies alter my career as a journalist back in the 1980s and in central america, when i was covering wars, there are great people, they put their lives at risk, but they are political animals, just like everybody else in washington, they have political interests. clearly it is impossible for clapper to keep track of all of those thousands of people under the 17 agencies. by the way, steve cohen, who is no friend of trump, he is the left-wing academic, he was on with tucker carlson last night talking about the role of intel agencies and all this, so i think we can play the clip and maybe i can talk about it. >> this is if not the end game, the last chapter, in what appears to be an attempt to destroy trump's presidency before he gets to the white house. it scuttlebutt, its rumor, it's generated by so-called private intelligence agents who are out to make a buck. they will sell it to anybody. but the question is, what is it doing in our political discourse? what are the motives?

why did cnn put it on the air? why is the fbi and the cia even touching the stuff? something is going on. rarely ah steve cohen on just about anything, but on this particular thing he's got to be listened to. there is something going on with the intel agencies that his political and it's got to be dealt with. >> and if clapper himself says it's not reliable information, why is it going all the way to the president? my understanding about intelligence is the stuff that makes it to the top like that is the stuff that really matters, that they have tested, that they know or examined is right. and i think he makes a really good point, this is not just an attack on trump. this is an attack on the american people because they elected trump to do the work for the american people, and this is undermining us. >> let's look at the facts here. first of all this was not generated by the intelligence community, this dossier, it was generated by some opposition

research entities from the republic inside and the democratic side, that was then circulated. this former intelligence agent from mi6 in britain who was the one that allegedly compiled this was doing it at the behest of a super pac of some sort. >> david: forgive me, because i know the guy involved, glenn simpson, who was the man who runs the agency that subcontracted the british intel guy, used to be a "wall street journal" reporter i used to work with. he was a guy, he is a muckraking journalist, which in the best sense of the word, but sometimes he gets his stories wrong. >> julie: the point is this. it's an opposition research filed the same way every campaign from dogcatcher on up, people compile opposition research. so this has circulated among partisan actors both in the republican side and the democratic side. >> from even last summer. >> julie: so to blame the intelligence community, which neither generated this, nor pushed it, is to me incredible.

>> harris: the bar is different, though. so if you or are were tipped last summer, because this information was out pretty widely, other journalist knew about it. >> i was in wausau, wisconsin, and i heard about it. tickle your cut husband is sitting husbanding sitting member of congress, so i'm sure you get that. my point is the onus falls on that intel agency to look at it differently than you are i would look at it even in the media. the vetting progress process that they go through, clapper's has to be different head i hear what you are saying, oh it was just kind of out there. julie, if we went based on what is out there and we didn't vet it in such a gentle way or we've added it into gentle away, this is what you get. so my question for james clapper is, when did you find out a that it wasn't true, be that it had been leaked, and see that you may be needed to tell somebody before it hit the incoming president. >> julie: may i answer? first of all, he hasn't said if you look at this, he hasn't said it's not true. what he said as they have not

been able to confirm it yet. >> harris: he called it unsubstantiated. >> julie: but they are continuing to run it down to see if it is true or not true, and i think we are going to be taking a huge risk if we somehow dismiss this as fallacy or truthfulness until they are able to run a downgrade he was very clear what donald trump said in his tweet was just false. >> harris: you are telling journalist right now it is not true and it shouldn't have been out there, so what is the difference? i would thought that the bar would be even higher for the cia. >> there are also rumors that started on 4chan on the internet, the singles to the bowels of the internet, and again i don't know one thing about this. it's like the grossest part of the internet that is now taking some response ability for this, so the question is how a something from the grossest part of the internet making its way to the fbi and then being printed on "buzzfeed" and on cnn as actual fact? the problem is, and you and i share this concern, for those of us who have actual real concerns about russia and rex tillerson and donald trump, all of my concerns have been blown out of the water by some bad journalist

who can possibly get their facts straight, and other real questions that i have are being looked at like -- >> david: what we been going through is that in journalism, for once the curtain is being drawn away and we can see the bowels of journalism that need to be gutted. and also there has been some leaking, there also has been a lot of leaking going on at the intel agencies and now that is being brought to the floor, so that it is good that we are clearing the air about all this. >> harris: and i do want to go back to, because it's serious these conversations, i'm sure that are going on with her husband who is a sitting member of congress. i'm curious to know what does congressman duffy think about this? >> rachel: i think there is a concern with congressman duffy, mike pompeo, with her father, even as early as 2012 with the politicization of intelligence by this administration, this is not the first time, and that is why people are so suspicious about this. they have done it before,

remember when they released the kill list, and all these things, to make obama look good. it put people in danger, and again, it makes people wonder whether the intelligence community is legit. >> we have to move on, i am so sorry. we will continue this conversation, it is not going to go away, julie. >> i'm not sure if we can get to it right away, but in california took over barbara boxer see, you may know her like that, is actually now going in the back and forth at the senate intelligence hearing with the choice for cia director by a president-elect, congressman pompeo, you see sitting right there in the sea. let's watch and listen. >> with the dignity and respect and demanded of them the same thing that i demanded of everybody else that was working as part of my team. >> and do i have your insurance that this equal treatment will include policies related to child care services, family benefits, and posts for dependents? >> without knowing the full set of policies and benefits at the central intelligence agency, i

haven't had a chance to find that out just yet, you have my assurance that every employee will be treated in a way that is appropriate and equal. >> and that you will not put in place any policies that would discriminate against any members because of their sexual orientation? >> ma'am, i can't imagine putting in any place or policy with with that would be discriminatory with her spec to any employee. >> thank you, and i am also concerned about rhetoric related to muslims from high-profile members of the incoming administration, in particular with general michael flynn, with whom i imagine you will be working closely. i don't want that to impact recruitment or retention of this patriotic and critically important muslim men and women of the cia, some, of course, who have taken great risk to serve our country. can you commit to me that you will be a tireless advocate for all members of the cia, all of the workforce? >> yes, ma'am, . >> cia director brennan, who spent a 25 year career as an

analyst and senior manager and station chief in the field at the cia, has said that when "cia analysts look for deeper causes of rising instability in the world, one of the causes those cia analysts see is the impact of climate change." do you have any reason to doubt the assessment of these cia analysts? >> senator, i haven't had a chance to read those materials with respect to climate change. i do know the agency's role there. its role is to collect foreign intelligence, to understand threats to the world, that would certainly include threats from poor governance, regional instability, threats from all sources, and deliver that information to policymakers. and to the extent that changes in climactic activity are part of that foreign intelligence collection task, we will deliver that information to you all into the president. >> in the past you have questioned the scientific consensus on climate change.

nevertheless, according to nasa, multiple studies published in peer-reviewed scientific journals show that 97% or more of actively published climate scientists agree that climate warning trends warming trends over the past century are extremely likely due to human activities. in addition, most of the leading scientific organizations worldwide have issued public statements endorsing this position. do you have any reason to doubt nasa's findings? >> senator, i have actually spoken to this in my political life. my commentary most of all has been directed to ensuring that the policies america puts in place actually achieve the objective of ensuring that we didn't have catastrophic harm that resulted from change in climate. i continue to hold that view. i frankly as a director of cia would prefer today not to get into the details of climate debate and science. it seems my role is going to be so different and unique from that. it is going to be to work

alongside warriors keeping america safe, and so i stand by the things i have said previously with respect to that issue. >> so i'm not clear, do you believe that nasa's findings are debatable? >> senator, i have to say i haven't spent enough time to tell you that i've looked at nasa's findings in particular. i can't give you any judgment about that today. >> can you guarantee me that you will and will have a follow-up conversation on this? >> i'm happy to continue talking about it, yes, of course. >> congratulations, congressman pompeo on your nomination and your family, i know they are very proud of you, and i have every confidence that you will do an outstanding job as the next director of the cia. i want to ask you about the comments that were made by the fbi director back in may, 2016, when he identified what he called the ferguson effect on law enforcement and hang in there, let me make the application to this context. basically, the argument was that

law enforcement was being self restrained in terms of its policing activities, thus exposing law enforcement to assaults and many of which were deadly assaults. the public safety was not being enhanced, they were not using the full array of the authorities for fear of what might happen in terms of public opinion or political retributio retribution. i have read your predecessors, general michael hayden book, "playing to the edge," and it strikes me that he states the proposition well in terms of my view of what our intelligence authorities ought to do in collecting intelligence and protecting the safety and security of the united states. i don't want our intelligence officers and authorities to

restrain their activities for fear of political retribution or for fear of being criticized for using the lawful authorities granted by the united states government to the edge, not going over the edge, but i want to make sure that they take full use of those lawful authorities. i know that one of the conundrums that we have in a democracy is that when we start talking about what those authorities are and what they should be, there is a natural reticence to do so. because, of course, and russia and china and north korea and iran, they don't have those problems, and dictatorships and autocracies just do what they want to do without regard to any oversight or any laws or any constitution that necessarily and importantly limits what we can do in a democracy.

but i think there is a danger when we start talking about the role of our intelligence agencies that either wittingly or unwittingly sometimes misinformation or disinformation about the nature of the activity or nature of the authorities enters into the debate. in a way that eventually damages or limits our ability to play to the edge of our lawful authorities and the interests of our security and safety. i just want to get an idea from you about what you think the directors role is in terms of engaging in the debate when it comes to what authorities that either your agency or the fbi or other members of the intelligence community need. there was a question about metadata, which of course, metadata is not content, it is the united states of's

supreme court has said there is no reasonable expectation of privacy, so the fourth amendment isn't implicated. this is information that is routinely collected by other, by law enforcement agencies, but my concern is, and maybe i'm not being as direct and clear as i should. i just want to know what you think your role will be in terms of standing up and defending the lawful authorities of the intelligence community in order to play to the edge of that legal authority in the interest of the safety and the security of the american people. >> senator, thank you for that question, it's a great and incredibly important question. i share your concerns that we run the risk of not using the authorities in a way that is important to keeping america safe. if folks are afraid that they will be political retribution. but one of my tasks in that vein will be to make sure that we are doing it right, that we are doing it in a legal and constitutional way. and then when we are, to defend

the people who were doing that vigorously. and with all my might, and to have their backs at a reasonable moment, you have my word that it will do that. there's a second piece to this as well, i think, that is important and you hit upon it. which is i think we have an obligation as leaders to share with the american people all that we can about what is going on and what is not going on, and to do so in a truthful and complete manner. it is part of why i feel the oversight function is so important. to the extent we are surprising people, whether we are surprising levers of congress or we are surprising the public, we run the risk of losing those very important authorities. so i think each of us has a response ability, and if confirmed as a director of the cia, i will see it as my responsibility to do every thing i can to make sure that we are talking about the critical nature of these authorities and how they keep americans safe and the goals that they have accomplished and the good work in a way that permits intelligence communities to lawfully and constitutionally do all of this responsibility. >> mr. chairman, can i follow-up

just briefly with one last question? of course, none of those authorities are going to be decided in all likelihood by the supreme court of the united states. in other word, the office of legal counsel, the appropriate authorities at the department of justice, are going to give guidance to the cia and the intelligence community on where that line is so you can, consistent with your commitment, make sure that you apply the law that congress has passed. and as signed by the president. but ultimately, no one is ever going to give you 100% assurance that you are playing consistent with the laws as interpreted by the department of justice and the office of the legal counsel, won't be criticized in the political form and later in such a way as to cause retaliation, perhaps, or some concern that intelligence officers are going to jeopardize the career and

their families livelihoods by playing consistent with the best and highest legal guidance that they are given. how do you view that role, and maybe that is just inherent in the nature of our system, but it always strikes me as a tremendous disservice to our men and women in the intelligence fields for politics to intervene and come back and undermine the lawful authorities and direction that our intelligence community is given when they are conducting their activities. >> senator, it's a real risk. it's an important part of my role to make sure that we have clarity, that those lines that you talk about are clear and bright. and so that this risk that you refer to, i have heard others talk about it as second-guessin second-guessing. it is minimized and it happens is really as possible and that there aren't surprises it to people as they go through, that is incredibly important. at the director of the cia has an important role their bull to make sure that we are behaving lawfully, and when we do, defending the men and women that

we asked to do really hard things inside of those laws. >> thank you, mr. chairman. >> the chair will recognize senator warner for a brief statement, and then senator wyden for one question. >> i understand my friend the senator from texas has been saying, but i want to tender the comments, i just wanted to respond and put on the record. one of the things that has impressed me with you, congressman, in our meetings, is your thoughtfulness, and you are a student of history, as well. and you talk about that. i think part of the responsibility at the agency that you may head is unique in that it is tasked with -- >> harris: we have been toggling between our live show here on "outnumbered" and the action that is happening right now on capitol hill, this is a hearing for cia nominee as president-elect donald trump's

remaining at odds with the intelligence community, it is interesting to watch this and kind of get the perspective there in the room on capitol hill inside this hearing. congressman mike pompeo of kansas is being asked questions by partisans, we saw first ms. harris when we first rejoined us from california, the senator from california, and some questions, andcornyn from as we bring it off to the couch, i guess i want to start there as well. with you, david, because you are making some observations about how well pompeo is doing, and how tough the questioning really is right now. >> david: actually we had trouble just figuring out where that representative was going in his question, but it became clear that he was talking about, what happens if some cia agent, for example, uses certain interrogation techniques that may not be considered to be torture now but in the future as politics changes, will be then, have you thought about it? this is a guy, by the way, not

only graduated first from his class at west point, which is very difficult to do, but he also then went on to get a lot agree at harvard and was on to harvard law law review, so he s perfectly capable of dealing with all of these issues, not only the military issues that the cia has to deal with, but some of the legal issues that put cia agents risk. >> harris: and you know, julie, one of the other things that we anticipate in some way may come up is what i had just alluded to it with the president-elect, and his really calling out what he sees in the intelligence community and getting an answer back from james clapper about recent information that was leaked and what mr. trump has said was, well, let's look at some of that information before we accept it holy as it is presented. so he is doubting some of it just in a way that it has come out, these are leaks. >> julie: again, assuming that the cia or somebody in the intelligence community leaked it, if you knew that in wisconsin, i suspect more than just the intelligence community would be able to leak this.

look, i don't envy mike pompeo his job, probably more than i don't envy anybody who is coming into their job anymore for the following reasons. when you have the president-elect saying that intelligence agencies have acted similarly to nazi germany, and then you, as his appointee, have to take over an intelligence agency, that is a huge morale booster that you're going to have to come up with to do. i spoke to some but he who works in intelligence last week who said the morale is just awful, and it's not awful because a of policy, it's awful because of -- >> david: but some other agents are very happy about it. >> julie: this guy's not a partisan, it is awful about the way he talks about them constantly and to puts their mission and doubt. >> my sister is a former intelligence officer at the cia and knows a lot of people in the agency, she said one that the agents on the ground are furious when there are leaks and they are furious when their reports are politicized and changed by

political management or people from the white house forcing them to do that. so, that is one thing. she said they are over the moon with pompeo, who wants to focus on human intelligence versus the drone way that obama handled it. by the way, i just want to say that senator camilla harris, kamala harris, asking about climate change, what a dumb question. >> why? >> rachel: this is exactly why why -- this is exactly why they lost. >> harris: congressman pompeo said we are not going to go there. before we move on, really quickly, because we haven't heard from you, meghan, and we did see your father thomas senator john mccain, as part of the hearing. >> actually think it's interesting that we are in a place with such distrust between our presidency and the central intelligence agency and our fbi and all of the intelligence agencies. it is very precarious, because of course i want to believe them, but leak after leak after leak, when people like me are starting to distrust it, you are in a really bad place.

hopefully pompeo can bring in a new era of more trust. >> harris: they went back and forth for a little bit, he and i believe it was senator cornyn, about how politics can invade and become something that you don't want. >> can i say one more thing? i think james comay should step down as well. i think he is so incredibly politicized. >> harris: people have been calling for that since september. >> amen, meghan mccain. plus one. >> david: everybody agrees on that. >> harris: we will continue to watch the hearings and this after a dust up between the president-elect and a reporter, mr. trump's incoming press secretary is asking for an apology. will he get one? should he get one? >> can you give us a question? >> i'm not going to give you a question. you are fake news. so if you have a flat tire,

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adventure i'm tellin' ya, britain is the only place you really need go. expedia. everything you need to travel britain better. >> the president-elect's team trump transition team is demanding an apology from the cnn reporter after a dustup at his news conference yesterday, you watched it live right here on fox news. it was over unverified reports that rush has compromising information on the president-elect. watch a bit. >> mr. president-elect, since you are attacking our news source agency, you are attacking our news, give us a question. >> i'm not going to give you a question. >> can you state categorically -- >> you are fake news. >> harris: cnn's jim acosta says he was trying to ask mr. trump if he or anyone in his campaign was in contact with russia about the campaign.

>> i felt it was only fair that if our news organization is going to be attacked, that we get a chance to ask a follow-up question about what donald trump was talking about, after i asked and you might say demanded, that we have a question, sean spicer, the incoming press secretary did say to me that if i were to do that again, i was going to be thrown out of this press conference. of course, i had to persist and try to get that question asked. >> harris: but incoming white house press secretary, sean spicer, says jim acosta was in the wrong. >> he told me that he thought he had a right to ask a question, even though cnn had been granted a question to one of their other correspondence. i informed him that i thought that no one should be treated that way, and treated that disrespectfully. and that if he did it again in the future i would have them removed. if someone did that a president obama or president clinton, or frankly any other human being, i would say the same thing. no one needs to be treated with that level of disrespect and

rudeness. i think mr. acosta was the president-elect, and frankly the entire press corps, an apology for his childish and inappropriate behavior. >> harris: it was complicated yesterday, because i know he describes himself, jim acosta, you just heard, as nicely demanding. those are actually oxymorons i think, right? if you are nice and demanding. but it was a shout-fest. >> it was, and listen, this is exactly why donald trump should not give up his twitter account, because he is going to have four, maybe eight years of this kind of attitude, and listen, i believe that as obama said, elections have consequences. and the consequence of this election was at the democrats like it or not, he is the president, and it comes with a level of respect and deference that i think at an event like that that he deserves, especially based on the precedent of how they treated the last president. >> julie: let me say this. there are two things that i want to complete, and one is that i think jim acosta was a little

aggressive. >> david: a little aggressive? >> julie: but what donald trump did was essentially conflate cnn's very good reporting, which nobody is disputing, with the buzzfeed article, and that is a very different thing. what cnn reported was not fake news, and by the way i am old enough to remember and have been here, we were all outraged and rightly so when the needed done when after fox news and said we are not gonna do with them, they are the worst. and everybody went ballistic, including me, because i don't think you should write off any news organization. cnn is a legitimate -- >> david: but you can deny them a question. >> julie: you can, but let me finish my point. cnn did not print the dossier, cnn merely said that a dossier exist, which by the way, it does. that's not fake news. >> david: a lot of thing exist that don't deserve reporting, though. >> harris: even cnn i believe, from what i am reading today, is saying this as well as at the dossier was not described as information that was unsubstantiated, that was one problem. we sat here as the story was

unfolding and as that news conference was reaching its fever pitch right at the top of "outnumbered" yesterday, we covered it live. what happened shortly before 1:00, maybe even after we got off the air is when i first thought, was the long statement from cnn explaining everything that might have been helpful maybe before the news conference. now if i'm getting the times are on based on when i looked at my phone, i checked it later. if they sent that information out at least to me, and i'm on a lot of mail servers -- >> david: can i just say their statement in and julie's pointe disingenuous in this way. the details were not wrong, but what was wrong was the emphasis, they were emphasizing the story it in the night before yesterday and yesterday they were emphasizing the story in a way it didn't deserve to be emphasized. >> julie: but why? >> david: because the story was so bad, it was based on such thin reads of reporting, some of which was wrong. >> julie: how do you know it's wrong, david? >> david: because they got one of the key names in the story wrong, it turned out they had the wrong name.

>> julie: wait a second -- >> david: it wasn't just that, julie, there are so many stories out there that are based on very thin reads that don't deserve the attention that cnn gave it. >> harris: here's what we know, the director of intelligence, james clapper, said to the president-elect, look, it was an unsubstantiated information that came out. what more do you need? >> julie: you are conflating buzzfeed was cnn. >> they are also not focusing on jim acosta's behavior. part of the story is jim acosta's behavior at a press conference and as someone who has spent years of my life around the press corps, i can tell you from personal experience, it is a whole tornado of liberals with a very different perspective on republicans and candidates, a new sheriff is in town, you show him the same respect you showed president obama, they never would've talk to a president obama in a way that they are talking to donald trump. i know he was a reality television host, but show him some respect, he is our president. jim acosta should be pulled off, they should put another embed in

to talk to our president with respect. i'm not saying cnn needs to be pulled, but find her reporter who can deal with president trump being our president. >> if you don't respect to the president of the united states you encourage foreign countries to not respect our country. >> harris: sean spicer said they did take another can't question from a different cnn correspondent, so what you are suggesting, meghan, might be a solution. >> meghan: if you can't control himself finder reporter that can. >> harris: in a historic move, democratic senator cory booker testified against his fellow senator, jeff sessions, at his confirmation hearing for attorney general. but less than a year ago, booker partnered with and praised his colleague, sessions. so, is this all about politics now, or are there legitimate concerns that booker has? stay with us.

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>> in an unprecedented move against a fellow senator, democrat cory booker of new jersey testifying that president-elect donald trump's

pick for attorney general jeff sessions is not fit for the job. watch. >> senator sessions has not demonstrated a commitment to a central requisite of the job. to aggressively pursue the congressional mandate of civil rights, equal rights, and justice for all of our citizens. in fact at numerous times in his career, he has demonstrated a hostility towards these convictions. he and i have always exercised a collegiality and mutual respect between us. perhaps the best example of this is the legislation we cosponsored to award the congressional gold medal to those foot soldiers who marched at selma. >> senator booker was referencing that time less than a year ago when he partnered with his republican colleagues to award those who took part in the 1965 civil rights march from selma to montgomery, alabama. back then he claimed to be sharing one of his life's "greatest moments" with sessions. my take on this, julie, i know you work for him and know him,

he is setting up his presidential campaign for 2020, this is all clinical. >> julie: it's funny that you say that, i actually spoke to some of his staff the day before this was happening, and i said that is really the knock on you. is that you are doing this, and they said and they may be right, there are easier ways to do that. cory booker in the sense that people know who he is for a variety of reasons, they knew who he was before he got to the senate, in fact i remember doing his campaign, the knock on him was that he was a celebrity who didn't have any substance. so it's not that cory booker needs to have his name in the paper by doing this, but there are two things that i know, because i do know him quite well. he is very, very passionate about one, criminal justice reform, and he has teamed up with rand paul in that in a very bipartisan way. and two, immigration. and on both those issues, i think he feels, i know he feels very strongly that as attorney general sessions would not be where he is on this, for example -- >> harris: but he went to racist. >> julie: but on criminal justice reform has a lot to do with race, and in fact you know

we incarcerate people who are minorities at a much higher rat rate. he's cognitive that prayed >> it shows that he's doing it to get attention, because he wants to run for president, and i would say it is not going to work. it has been tried by ted cruz, who also did a little bit about grandstanding and making a name for himself, but that didn't work out for him. so i would say this is a new era, a trump era, where i think authenticity is going to be rewarded, and i think this really smacks of grandstanding -- >> julie: but understand something, if you are cory booker, and i can tell you this as well as i can tell you the sky is blue, he truly cares about criminal justice reform. it's a passion in his life. let me finish my point. >> rachel: i also met cory booker and he also cares about politics. >> julie: why don't i finish my thought and then you can all pile on. >> you are not the only one that is met cory booker on the couch. >> julie: meghan i'm not try to say that.

>> david: one thing before we run out of time, there is a major issue here, that he is not sessions, sessions is not against civil rights, he is against government overreach, that is the point of the whole session, he is against government overreach. but most americans don't believe it's a good thing for the federal government to dictate whether elementary schools have transgender bathrooms. that doesn't make most americans homophobic. and that's the point, is that there is too much government overreach, and some of it you can be against without being a racist or a bigot of any kind. that is the point. >> julie: may i finish my thought? i would love to finish it from e following. if cory booker cares about criminal justice reform and you have an attorney general who is talking about criminalizing marijuana, marijuana, which state after state has legalized, that means you are putting more people, predominately minorities, because they are the ones i get busted at a higher rate than white people, despite the fact that white people smoke pot at a higher rate, if you are putting them in prison for this kind of stuff, than if you are

cory booker you may not think jeff sessions is the best attorney general >> david: that is a back shot, julie. >> julie: it is not a back shot! >> we've got to move on, but i'm sure the booker 2020 posters have been printed. hollywood, how they are reacting to the long-awaited news conference by donald trump, you don't want to miss that. ♪

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>> harris: no doubt you have seen it on social media, hollywood hitting donald trump on twitter following yesterday's news conference, television producers seth mcfarlane wrote, "i've never seen anything like this press conference as long as i've been alive, we are in dark waters." asker george lopez posted, quote "when people refer to themselves in the third person -- all three of you sound like [bleep]" ." >> david: seth mcfarlane, by the way, dark waters, has anybody seen "ted," the movie he has a wrote and directed? you have an f-bombing, pot-smoking teddy bear, and he is blaming other people for

going into dark waters? i loved it, but at the same times, he has been a dark waters for a long time. maybe he knows what he is talking about because he's been there. >> harris: my brain is seizing up because i thought we had after the golden globes given up caring what celebrities think politically. are we back there now? >> i've been fighting with hollywood since the golden globes on sunday, every comedian and crabby actor who can't get on a movie tweeting me about how awful and horrible i am, keep it coming, you are helping republicans, you are helping donald trump, you are just going to get him reelected, and you're helping my twitter followers. >> harris: scott bail, i think you tweeted what he said. >> julie: when we have scott bail on here and talk about stuff. >> meghan: i have a problem with it in general with hollywd celebrities speaking, because if they are educated and have actually gone to a red state and know them. it is a problem if you are ensconced in liberal hollywood, if you are a conservative in hollywood, you are harassed, you're treated to philly, i have

never had more nasty things said and done to me than in the year and a half i lived in l.a. by people in hollywood. >> it's true, but the majority of the people live in the middle of the country, not on the coast, and there is a lot of closet conservatives because of what you are saying, it's time for them to come out, it's obvious that the rest of the country is actually agreeing with you, come on out, and by the way, conservatives, get into culture. the reason we are talking about what happened at the golden globes is because we obviously care about celebrities, and maybe we need a little bit more conservative celebrities out there. >> that is interesting. >> julie: i think i have been consistent on this couch for years is that i don't care about what celebrities or anybody else has. we all have opinions, they are entitled to it, but i do have a problem when we say it's okay for a conservative celebrity to talk about politics and noble he is a problem with that, but we do have a problem with meryl streep saying what she says. i don't really care what anybody has to say. >> harris: but what rachel is saying is intriguing, because if you had more coming from the other side of the political aisle, there would be more

parody. >> david: >> they are so afraidg being ostracized and blackballed. >> david: michael moore got a right, by the way, he said that trump was going to win because he did go to the middle of the country. >> we've got to go, we will see right after this. all finished. umm... you wouldn't want your painter to quit part way. i think you missed a spot. so when it comes to pain relievers, why put up with just part of a day? aleve, live whole not part. painter: you want this color over the whole house?

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90 years old, you are doing great. >> a pleasure to have you here today. always great to see you. spirited show. stay right here for "outnumbered" overtime, foxnews.com/outnumbered, click on the overtime tack, we are back here tomorrow at noon eastern. right now, "happening now." >> jenna: thank you, we begin with the whirlwind of confirmation hearings for nominees to president-elect trump's cabinet and leadership team just over a week from his inauguration as our 45th commander-in-chief. welcome to the second hour of "happening now," i'm jenna lee. >> three big hearings on capitol hill today, retired general james mattis up for secretary of defense. congressman mike pompeo for cia director, dr. ben carson for secretary of housing and urban development. in the hot seat to run our military, general mattis faces several republican hawks on the senate armed services committee