ahead of the eggnog ration on friday. >> a very busy time that we will keep you updated on as best we can as they proceed in washington, and we will see you back here in an hour. >> "outnumbered" starts right now. >> fox news alert, four hearings underway on capitol hill, as senate committees grill president-elect's trump's cabinet picks, they include mr. trump's choice to lead the epa, oklahoma attorney general scott pruitt. as well as south carolina governor nikki haley, nominated to be the u.s. ambassador to the u.n. second of commerce pick, billionaire investor wilbur ross, and congressman tom price, mr. trump's choice for secretary secretary of health and human services. under especially intense scrutiny, as republicans work to repeal obamacare that we are monitoring all of these hearings and we will bring you breaking news as it develops. fox news alert, we are looking alive at the white house, where president obama is expected to

expand his controversial decision to shorten chelsea manning's jail sentence. when he holds the final news conference of his presidency later today. the move to grant clemency, triggering fierce reaction from any on capitol hill and in the pentagon, who consider manning a traitor. this is "outnumbered," i'm sandra smith, here today is harris faulkner, meghan mccain, cohost of "after the bill bell," melissa francis is here, and today's #oneluckyguy, new york congressman peter king, he is outnumbered. welcome back. i saw you in the green room, you were watching those hearings intently. >> peter: i have served a tom price for a number of years, he is really a great guy. my wife is from atlanta, her sisters a doctor, she knows dr. price, and again, tom and i whether we agree on every issue or not, he knows health care inside and out. he will be an outstanding secretary. >> sandra: very good, we've got a lot more to get to. as we await president obama's final news conference as commander-in-chief, the firestorm over his decision to

shorten the jail sentence for chelsea manning. the transgender army private who leaked more than 700,000 u.s. documents to wikileaks and was given 35 years in federal prison. the reaction from lawmakers on both sides, swift and furious. the republican speaker of the house, paul ryan, saying this is just outrageous. chelsea manning's treachery put american lives at risk and exposed to some of our nation's most sensitive secrets. this from senator john mccain. it is a grave mistake that i fear will encourage further acts of espionage and undermine military discipline. and from senator marco rubio, it is shameful that president obama is siding with lawmakers in the aclu against the men and women who work everyday to defend our nation. some democrats also blasting president obama's decision. >> i think he's dead wrong, absolutely dead wrong. this is treason, espionage at the highest level. i, for one, am not going to be supportive of these tripe types of commutes or pardons, i think

they are wrong. >> i have heat serious concerns about equivocating sentences when national security is at stake, what message do we sent for the next person who thinks that they can get a treasure trove of documents release because something expires them m inspires him to do so? >> sandra: while the white house is defending the president, fox news is learning that outgoing defense secretary ash carter, as well as top army leaders recommended against the president shortening man in the mannings sentence paired and sources tell us defense officials claim mannings actions for accelerating the arab spring and potentially contributing to the rise of isis. first off, congressman, your thoughts on this act by president obama. >> peter: it's absolutely shameful, indefensible, disgraceful. manning cost lives in afghanistan, put american lives at risk, but the lives of our allies, our sources on the ground at risk. we've seen the number of reports that there were killings and murders of those who were found

out because of what he leaked out. it's absolutely indefensible. and after denouncing wikileaks for the last six weeks because what they allegedly did during the campaign, to commute the sentence of this person, 35 years is not even long enough. this is not all it takes, this is real lives that were lost. >> and tough to find a democrat to defend this position. and you just heard there, joe was critical of this. >> bob menendez, as well, and extremely liberal senator. sometimes i'm glad breaking news like this happens when i'm home alone and not here at work, because i started screaming at my television last night, yesterday afternoon, when i was watching the news. to say this is shameful i don't even think goes far enough. you are condoning people that commit treason. we put our intelligence officers, our troops, our diplomats lives at risk. as we said it accelerated the rise of arab spring and the rise of isis. i don't know where our presidents had exactly as i prayed when you are sending a message to our troops, the rest

of americans, to our allies overseas, that treasonous acts are condoned, as long as it is sort of politically expedient. i'm curious as how he will defend this today. and if he's going to may be in the next two days condoned edward snowden or julian assange, it is completely beyond my realm of understanding, and i think it's a huge slap in the face, completely disrespectful, to all our troops who do so much to defend us overseas. >> and not just defending the decision to shorten manning sentence, but also to go against the recommendations we are learning of military leaders. >> harris: i think it's complete a fare for those of us in the media and those lawmakers that you listed both democrat and republican to question this man's credit ability. when we are told by the white house that he has "accepted responsibility and expressed remorse for her crimes." i think it's within bounds to say it, how do we know? like what is the litmus test for expressing. i expressed feverishly i'm remorseful. i'm curious to know what that

would look like, considering the types of crimes that they are talking about. >> peter: even if she could possibly properly expressed remorse, lives were lost, this wasn't an accident, it wasn't a leak that someday makes by mistake or put something out that won't hurt. this had to hurt, this isn't just p.r., it did hurt. >> and knowing the impact that it had not just on us but on the world, contributed to the rise of isis, it is suggested, what message does this into the world, melissa? >> melissa: one of the messages it sends is about wikileaks. the administration has meant so much time railing against wikileaks and condemning what we saw during the election in saying that julian assange was, in essence, responsible for getting donald trump elected. so many democrats have come out saying basically that, that the leaks were things that killed hillary clinton. here you go, and you have somebody who released all these documents to wikileaks, it is a really bizarre message right now, i can't wait to hear what the president has to say about it, i hope he does address it

when it comes out later this afternoon. because i can't even imagine what he is going to say. >> harris: what does he say to the families of those people who were in harm's way because of what was released? and we know now the document dump was three times the size of what we originally thought it was at 250,000, now it's closer to 700,000. >> peter: also they talk about how donald trump has cut himself off from the intelligence community, i would like to hear what they have to say about this, the men and women on the ground in afghanistan, in a rock, try to building billing p resources and recruits. >> what about when melissa just said, do you see this as a win for wikileaks? >> peter: yet, it certainly takes away the sold anger that was coming from the administration toward wikileaks prayed wikileaks wasn't number one villain in the world, and all suddenly someone who dumped off all this information is commuted. >> what are the politics of this? >> it's so confusing, though, because we don't know when intelligence breaches are now socially acceptable, because right now -- >> or expedient from one side or the other.

>> that's why we should have a rule, and an understanding, that all intelligence breaches are bad for american security. i am so fascinated to know what reasoning he is going to give, but there is a poetic irony, the end of this administration, whose policies for the past eight years have made america completely less safe, led to the rise of isis, made globally democracy at large less safe, and now he's condoning the actions of individuals who lead our national security secrets out to be exposed and also put america in danger. >> let's branch set out to the other commutations that we've seen, we just had the full screen up if you could look again, congressman, of the number that we have seen. historically, look at the number for president obama. far exceeding anyone. >> george a shall be bush's three. >> peter: all in saying is the only possible defense is a lot of those were drug crimes, having said that, though, there was one terrible commutation. that was a person involved in blowing up something in the

1970s killed new yorkers, killed americans, involved in other bombings, his sentence was also commuted, and that is also a disgrace, especially those of us in new york. >> harris: cannot commutation be overturned? >> peter: know, the president has the power. >> harris: so it's done. we talk about the rise of isis, i guess it might be helpful to know some specifics about how he might have led to that, she might have led to that. >> peter: part of the problem in releasing that is by doing that you are also showing what our resources on the ground. that's where it's hard to publicly say all the damage that was done. but having said that, having intelligence between then and now, and former chairman mike rogers was on last night talking about the number of people that he knows who were exposed, because again, they have vague reference in these papers, but the analysts for al-qaeda and isis in the tele- man go through that with a fine tooth comb and they can figure out who it was in that village or who it was in

that ambush. >> harris: you mention the word analysts and all i can think about is all of those in our own government, those intel analysts, who were ignored by this administration. >> you know what i was thinking about? what about general petraeus, he can't pardon or commute his punishment? you are going to be okay with what chelsea manning did and condone those actions, and a mistake from a genius who helped lead the surge and is an icon of our u.s. military, his punishment is fine. so that is the message we are sending. >> harris: how is it politically expedient? >> congress meant, i wonder what you think of this in general, the idea of a president commuting sentences on the way out the door prayed obviously it is a tradition that has been alive in our country for a long time. it always causes a big controversy, what you think of it in general? >> peter: not always, not under either of the president bushes, certainly not under george w. bush. when bill clinton went out he did pardon the number of terrorists here in the country. to me, it is a power of the president, you don't want to take it away from them, but

again, are the responsibility of being president is to uphold the dignity of the office, and this just looks like a final left wing shot as he's going out the door showing what he really stands all along. >> harris: you make a point, we may never know all of what they looked at, because i would put too much information in the public sphere. >> the number of house democrats skin vague donald trump's inauguration growing to around one-third of the parties caucus. as minority leader chuck schumer appears to give his blessing to senators who may want to skip, too. is this okay? or an insult to the american people? plus, mr. trump's nominee for health and human services secretary on the hot seat on capitol hill today. one big topic? obamacare repeal efforts. we will have some of the fiery exchanges coming up. and after the show, you can join our live chat by clicking the "overtime" tab at fox news.com/outnumbered or go to facebook.com/outnumbered fnc. of course you can tweet us during the show, we are all looking on our phones, we will see you after the show as well.

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.

>> welcome back with a fox news alert, former president george h.w. bush is in a hospital in houston, texas, and here is the latest, his spokespersons as the former president, who is 92 years old, was taken to houston methodist on saturday for shortness of

breath, and that he has responded very well to treatment. he also says they hope to have mr. bush home soon. we are keeping an eye on this for you and will update you on the former president's condition is will and more. >> meghan: only 48 hours to go until the inauguration of president-elect donald trump, and at last check, 64 house democrats, about one-third of their caucus, or skipping the ceremony spread this as some that minority leader chuck schumer appears to be given his blessing to fellow senators to stay home. >> i respect where they are coming from, there have been so many irregularities in this. most of all russian interference. so i respect where they are coming from. i think each person has to make his or her choice on his own, but i don't begrudge those who have said they are going to boycott. >> would you urge them it senate democrats to attend because co> each person could make then own decision. >> peter: >> meghan: he needs extra seats at the ceremony anyway.

>> as far as other people not going, that's okay, because we need seats so badly. i hope they give us their tickets, are they going to give them to us or other people? what happens to their tickets, i hope they will give us their tickets. >> congressman you think you would know what would happen of the tickets, wouldn't you? are they transferable? >> peter: they're not transferable, just memos of congress. i think this is totally wrong, not to trivialize it, i compare it to southern interception is who didn't acknowledge a bramley can. whether you agree or how you feel, this is not a republican or democratic inauguration, it is a celebration of democracy. democracy really is a fairly weak fabric, we can't be testing it all the time, and to me, if we don't come together on inauguration day, you are undoing the fabric of the country bread i think it is wrong, indefensible, i haven't heard one republican say whether in '08 or mitt romney in 2012,

not one republican said he was going to boycott. maybe some didn't show up. but not one person suggested a boycott, you just don't do it. to me this really is a new low standard in american history what is being done now. >> i was extending it to my kids over the weekend, because i have a fourth grade son that is really interested in history and studying wars, where the transfer of power left blood on the ground, and saying this is what makes our country special is that when there is transfer of power from one group to another, who strongly disagree over things and even disagree about how it happened, we have this peaceful transition and we go out and we respected, and that is why it is important. it's like when you lose a game and you stand there and you walk across to the other side and congratulate the other side and you stand there and watch them accept their word. at the same time, i think a lot of these politicians are looking ahead to reelection. and they are kowtowing to their constituents, who are really angry and feel like the wrong person was elected, so that is really what it's all about. i wish it were about heart, but

i think it's more about politics. >> it's odd to think that this behavior would actually attract an electric, how would that work question right there have been some republicans who have missed inauguration for different reasons over the years, but what you are talking about is this growing list of people who are literally boycotting this like they are selling something in washington that they don't want to buy. >> peter: it's more than one or two, i've never heard anybody talking about it. i remember when barack obama came in into thousand nine, as much as we disagree with him on policy, i didn't hear anybody say anything bad about him, but not to go to the inauguration. listen, al gore had much more of a claim, if you want to say it was illegitimate, back in 2000. richard nixon in 1960. there is absolutely no evidence at all that donald trump is not the totally legitimate president of the united states. challenging that is really dangerous, dangerous path to go down. >> do you think this is a preview of more divisiveness? we have seen so much of that in the past several years, is it going to get worse? what is is telling us? >> peter: etiquette has to get

worse. to me this is really from day one, declaring war on donald trump. on the trumpet administration and on the person who was legitimately elected by the people of the united states, it is a terribly, terribly dangerous path they are going down. >> harris: to the president-elect's point, though, it would be interesting if these congressional members had to bring their tickets to the person and say look, these are my tickets, this is why i'm not coming. it seems like there are some who are sitting on the sidelines, we know that elizabeth warren of massachusetts has kind of man well, i'm not sure if i'm going. she was vacillating for a bit. so i get the feeling, and i don't know what prompted her final decision, that there is some political like what is going on in the background? >> peter: i think again, if you look at people of ohio, wisconsin, michigan, that is where the elected election was decided, they don't support this. the houses appealing to the narrow basis, for the most part these are very democratic districts, in the end you have democrats focusing on small interests rather than national interest. >> there are other reasons why

some democrats are choosing to be there to make a point. sharon brown says she was on a conference call were elizabeth warren said, i will be there as well. it was a conference call for trump to dismantle the consumer financial protection bureau. on that call, sharon brown said i want to be there for it i want my presence to remind trump and other republicans of the fight ahead on banking, civil rights, and other issues on which there is a deep divide with democrats. >> peter: that is actually a very legitimate position to take. listen, we are going to disagree on many, many issues, i'm going to be part of the process, i'm not cutting you out, you are not cutting me out. by being there, that is democracy. i'm not saying people should love donald trump on january 20th and say we all agree, no, they are going to have strong disagreements, the country is divided. but we will be part of the process, part of the democrat asked structure, not sit on the sidelines. >> harris: one of the things you are alluding to, there is something going on in gambia, a country right now where they are trying to have their transition. the person who was just elected

is out of the country for his own protection and they are at war. you talk about the thin nests, the very thin thread of democracy around the world, you have to respect that. not to compare us to that country. >> peter: obviously, throughout the history of the world, the regular forum has been to have bloodied revolutions. you don't want to start this. and again, you have a commander in chief that may have to go into battle, it's a very significant domestic decision regarding banking or whatever, but do not have total legitimacy is going to undercut that. not only -- >> petrifying that scenario. thank you, all right, we will keep at this, and in these final days leading up to the inauguration, keep it right here, of course, and on friday you don't want to miss a single minute. fox news general will bring you this historic day like no one the fate of obamacare is looming large know on capitol hill, as

lawmakers grill mr. trump's nominee for health and human services secretary. this, as a new report is raising some big concerns about repealing the health care law. we debate it. plus, russian president vladimir putin accusing the obama administration of trying to undermine president-elect donald trump. congressman king reacts to that.

90% of the world's largest supercomputers run on intel? that means you can take a universe of data - in your case literally - and turn it into medical discoveries, diagnostic breakthroughs... ...proof that black holes collapse into one singularity. i don't know what that is. but yes. innovation runs on supercomputers... ...and supercomputers run on intel. you are super smart. and super busy. ♪ ooh! ufo! false alarm, eyelash!

and i finally found our big idaho potato truck. it's been touring the country telling folks about our heart healthy idaho potatoes, america's favorite potatoes,

and donating to local charities along the way. but now it's finally back home where it belongs. aw man. hey, wait up. where you goin'? here we go again. >> just days ago president-elect trump said his plan would provide insurance for everybody, do share those goals? >> i think it's absolutely imperative that we have a system in place that has patients at the center and allows for every single american to have the opportunity to gain access to the kind of coverage that they want. >> so you share his goal of insurance for everybody? people that has always been my stated goal, it is what we have worked on throughout my entire public career. >> harris: that was health and human services secretary nominee tom price getting grilled on capitol hill at the confirmation hearing for the georgia cognizant continues.

price is facing pointed questions about president-elect donald trump's plans to replace the health care law. this is a new congressional budget office report finds that repealing obamacare could cost at least 18 million americans to lose their insurance right off the bat. and about 32 million to lose it within a decade. it also estimates premiums for some people could double within a decade. but, republicans are blasting that report, saying it assumes no obamacare replacement that reduces costs, which they are bowing to put forth. let's start, congressman, if you will, do you feel like you know enough about what is going to become the replacement as we face next week, this is one of the early things that the president-elect says he will get done? >> peter: first of all, he is not going to be able to replace obamacare next week. he is going to issue exec to borders certain parts. we have to be careful, the premiums are high, the deductibles or deductibles are high, having said that, it's such a couple get a bill, for instance, in new york, 800,000 people are now in medicaid.

what happens to them and where they go, who's going to pick up the tab? >> do you know the answer? >> peter: that is not been decided. it's always part of the practice, we are meeting in philadelphia, a three day conference republic's will have, president trump be there, vice president pence will be there, all of this has to be addressed. so i am saying we have to do it, and do it in no way that no one is losing, it will be a difficult transition, it can't be done overnight, it has to be done, but not overnight. >> harris: melissa, what you make of the idea that president-elect says everybody is going to have coverage, he has doubled down in the last couple of days but what could that financially look like knowing how much obamacare has already cost us? >> melissa: it's very hard to say it has to be the case, of course, because i'm not even sure it's legal that you can give people a benefit and then take it away. i heard a judge trying to break that down, it's catholic appli. there are some fixes that look easy, we all know a lot of people that would like to have only catastrophic care, whether it's families, and there are so many people who have had very high premiums that cover

nothing. there are people i've talked to that had no insurance that were in tears when obamacare went through, then they found out the policy they bought that was expensive, no dr. they know takes it. my question for you is can you pull the pieces apart? you talk about the people on expanded medicare, medicaid, can you separate it and kind of try and attack the pieces individually? >> peter: i that we have to do it surgically, we have to do it but realize it doesn't lend itself to sound bites, it can't be done overnight. also donald trump says two things, one he says if it fails it's our fault. it's political. on the other hand we have to get it done, but we shouldn't be promising people it has to be done overnight. again, california, ohio, indiana, new york, they all went into the medicaid expansion. other states didn't. so new york is not going to be the same as mississippi and ohio is not going to be the same as missouri. you have to take that into account, this is millions of people. >> talk about the timing, because that seems to be the issue.

there are promises that this will be done overnight or shouldn't be done overnight, but what is in except it will time frame and what are you looking at? >> peter: first of all we should have a plan soon, but it should be implemented over a period of time. i keep going back to this one example. i'm sure there are hundreds around the country. what do you do with 800,000 people who are now on medicaid in new york that weren't before? that is a big number. and that is suddenly pulled, also you have the hospitals. hospitals have reacted to obamacare, they will have to adjust to whatever the new plan is. so it has to be done, but incrementally, and however long it takes, so long as we have a plan out there early enough so people know what is in the forecast. also, so insurance comedies don't start bailing out, we have to have something to transition. >> harris: that's an important point, you and i were talking on the break, and just to widen it no doubt, meghan, the irs was tasked with running the revenue end of this. i have never seen anybody take anything out of the hands of the irs, so i'm curious to know how this will look. >> meghan: listen, anything has to be better than arizona, where premiums are up 150% with

all arizonans only having the option of one health care provider, one, in all counties, except one in the entire state of arizona. anything has to be better than that, and i know a lot of people in my life that have been hit really hard by this. obamacare was a disaster since its inception. anything is better than this. >> peter: because it was so bad, that is what is going to make it difficult. we have to do it, i agree with you totally. >> we will keep on this, but for the first time, russian president latimer put in is directly denying claims made in an unverified dossier on president-elect trunk, put is calling it total nonsense and insisting that moscow does not have anything compromising on president-elect. in prudence of the allegations are part of the obama administration's attempt to undermine the legitimacy of mr. trump's presidency. white house press secretary josh earnest firing back. >> first of all it sounds like he got his copy of the talking points. second -- >> from who? >> i don't know, it certainly sounds a lot like what the incoming administration's team is saying.

but it is not the first time that the russian president has called into question the veracity of the united states government. >> congressman, there is no evidence anywhere that anything in the dossier had any shred of truth. that being said, i am not going to care ever about anything vladimir putin has to say about the united states, i think he is a murderous kgb dictator and a butcher, and i'm not really exactly sure why he is choosing to voice his opinion at this moment. >> peter: i agree with you completely, i think there is absolutely nothing to the dossier, it was a disgrace of the intelligence community to present those two pages to donald trump, that gave the media an excuse, deck is where the leak was. and how do we find if it was him but he and the intelligence community or the trump campaign, it wasn't the trump campaign, but somebody leaked those two pages, the existence, which gave the media the excuse to go with the 35 page slander. now, as far as put in, we

shouldn't listen to anything he says. i think were republicans make a mistake if they want to start quoting putin, we are falling right in the hands of him and our enemies and our adversaries. >> why is he weighing them? >> peter: i think the main purpose when this first started, hacking two years ago, was to undermine faith in the american electoral system, and know he is a player. we are looking to him for his opinion on what happened in the american campaign. forget putin, i agree with you, he's a murderer, a dictator, and a horrible prison bread we should not be relying on him in anyway. listen, i could see possible avenues of loot negotiation, bt again, regularly negotiating with the soviets. >> congressman, how do we take the air out of the balloon in terms of how much they say that they had to do or didn't do with our election? how do we take that away from some who would use it as a talking point and to legitimacy for donald trump? and to deal with the fact that we were hacked, what is a middle ground? >> peter: first of all, we were hacked and we have to take

action. as far as the influence on the election, i blame the intelligence community for this. they were saying all along there was no way of gauging what impact it had. then the day after they told us that, the next day it is leaked to "the washington post" that the russians did favor trump. they may or may not have. i'm willing to accept that they did, but to leak it and that we made it sound so evil, is if there was some plot going on. and that really is what -- if they came out and said we have looked at it, and we think that on balance they prefer donald trump for whatever reason, that is a legitimate conclusion bread but to leak it out the way they did as if there was something clandestine going on here. and then also with the two pages, if they're going to give them the two pages, and then somebody had to leak to the media those two pages, that, then justified in some media's eyes the excuse to go with all 35. >> harris: and calling it a dossier. so you reported how kellyanne conway, the incoming white house counselor to mr. trump, was saying, why don't you call it a dossier, that gives it

credibility? >> it's also dangerous for the trump camp especially to conflate these two points, to try to minimize the idea that we were hacked because others are using it to delegitimize these elections. it doesn't delegitimize his election. at the same time, we were hacked. and this is very important, something to focus on. it happens all the time, and it's a matter of national security. and now you see people that are skipping the inauguration, saying they are not coming because russia was involved in the election. it has made it so much bigger, we have to acknowledge that. >> it doesn't absolve our intel community and the rest of our government from getting to the bottom of what happened. >> peter: 99.9% of the intel community does an outstanding job, we should find out what the russian state, the hacking was terrible. but the whole idea, does anybody really think they supported john mccain over obama in 2008 or mitt romney over obama in 2012? no, look how president obama got involved in the israeli election. it echoes on all the time. but the hacking and the legality

is all part of the russian aggression that has to be stopped. >> it makes my head explode talking about putin. fox news is learning more and more guantanamo bay detainees are being transferred, as the white house admits president obama will not succeed in his goal of closing the prison down. whether that is a blot on mr. obama's legacy, and what president-elect donald trump should do about gitmo. victoza lowers my a1c and blood sugar better than the leading branded pill, which didn't get me to my goal. victoza® works with your body to lower blood sugar in three ways: in the stomach, the liver, and the pancreas. and while it isn't for weight loss, victoza® may help you lose some weight. non-insulin victoza® comes in a pen and is taken once a day.

(announcer) victoza® is not recommended as the first medication to treat diabetes and is not for people with type 1 diabetes or diabetic ketoacidosis. do not take victoza® if you have a personal or family history of medullary thyroid cancer, multiple endocrine neoplasia syndrome type 2, or if you are allergic to victoza® or any of its ingredients. stop taking victoza® and call your doctor right away if you get a lump or swelling in your neck or if you develop any allergic symptoms including itching, rash, or difficulty breathing. serious side effects may happen, including pancreatitis. so, stop taking victoza® and call your doctor right away if you have severe pain in your stomach area. tell your doctor your medical history. taking victoza® with a sulfonylurea or insulin may cause low blood sugar. the most common side effects are headache, nausea, diarrhea and vomiting. side effects can lead to dehydration, which may cause kidney problems. now's the time for a better moment of proof. ask your doctor about victoza®.

breathe easier with your vicks vaporub. soothing cough relief that starts working instantly. >> but it seems he is trying to transfer out as many detainees as possible. four moore will leave leave later this week on the heels of ten others who were sent to them on a few days ago prayer that will bring the total numbers of prisoners left at the facility to 41. here is white house press secretary josh earnest on his

boss' failure to deliver on one of his biggest campaign promises. >> at this point i don't anticipate that we will succeed in that goal of closing the prison. but it is not for a lack of trying, i assure you. and the only reason it didn't happen is because of the politics, that members of congress in both parties, frankie, played with this issue. >> harris: really, is that the only reason? because there are 41 people left, and i thought, congressman, they were reportedly the worst of the worst. maybe there are 41 reasons. >> peter: they are the worst of the worst, and president obama has been consumed by the since the day he came to office. intimate it is the middle east, it is the chelsea manning going out the door, getting every possible resin or he can out of guantanamo. i have been there, you can make criticism about this or that, the fact is it's better than any basic training facility in the country, better than all most any prison in the country. for instance, they are playing soccer, they get art lessons,

language lessons, they have three meals a day, they have medical care. this is unlike any other prison. and somehow it when the president talks about it like it some sort of concentration camp, he is really diminishing our status in the world. and talk about encouraging terrorists, the way he describes guantanamo aid encourages terrorists. >> harris: congressman isn't needed as much as it was needed years ago? >> i think we have stopped taking prisons over the last four years, because again, somehow it's wrong to keep somebody in guantanamo, but it's okay to blow them apart with a drone. so we take very few prisoners, and there's very little interrogation going on, so i think it is a facility, and again, it's monitored, there's the red cross, to me it's better than, again, any army base or training facility. >> donald trump has already told us his plans to end any detainee transfers once he's in office paid what will he do with those who are locked? >> i guess we will keep them there. i don't know where you will put

them, i don't want them in the united states, i do want them back here. you send them overseas, so many do go back to the battlefield. then they are hardened, trained, and that is going to cost americans lives overseas. over of the 45, maybe a few you could find some reason to get them out, but again you have very bad, bad people and that is a reality. >> harris: meghan, your father, obviously senator john mccain's battlefield time, i'm curious to know your thoughts on this. >> meghan: listen, it's like president obama has some checklist he is going through. how can i make america's vulnerable and weak internationally as possible and he is doing in the last three days. it blows my mind. you are being very nice about gitmo, it is a country club compared to most prisons here in the united states bid if we allow these people, they get miranda rights, and i'm sorry if i don't think isis terrorist maniacs that are trying to destroy my way of life shouldn't have the same rights as americans. i don't understand how he doesn't understand that these people, as both of you has said,

are the most dangerous, the worst of the worst, they are going to have more motivations to go out, to come back, and heard americans. i hope under president trump that we start capturing these people again. these are people that are trying to end my way of life. >> harris: certainly if that happens, that would put those islamic state savages right back into a situation where they are contained, because we know they are contained sometimes on the battlefield. any rack we have had people in custody on the ground, so on and so far. but not in my backyard, that was a battle cry from places like kang kansas and the lawmakers, as a congressman was alluding to. what are the options without gitmo? >> i think they have to stay there, and i'm surprised that he didn't close up rid it was so high on his list, i'm shocked that there are still people there that he didn't release. i'm grateful for that at least. these are the most dangerous, and there are people once they go back out onto the battlefield, they wear that badge that they were in gitmo and all they are free. it makes them that much more powerful. >> harris: he couldn't, because there were countries

that wouldn't take them. >> there is a price. >> harris: there's always a price. >> meghan: his foreign policy continues to only be something that works in a political science classroom, not in reality. >> harris: it's interesting he has tried to executive order this, tried every thing, couldn't do it. yesterday we told you about "the new york times" columnist who said it was patriotic to call president-elect trump truu legitimate. now another times columnist vowing to not even cover mr. trump's tweets, comparing them to, in his words, a carnival. but could this support mr. trump's argument that the media are not playing fair? ♪ your insurance company won't replace the full value of your totaled new car. the guy says, "you picked the wrong insurance plan." no, i picked the wrong insurance company.

with new car replacement™, we'll replace the full value of your car plus depreciation. liberty mutual insurance. this is the rx...elevated. rx hybrid and rx f sport. get up to $5,000 customer cash on select 2016 models. see your lexus dealer. here you go.picking up for kyle. you wouldn't put up with part of a pizza. um. something wrong? so when it comes to pain relievers,

why put up with just part of a day? you want the whole thing? yes, yes! live whole. not part. aleve. well this here's a load-bearing wall. we'll go ahead and rip that out. it's going to cause a lot of problems. totally unnecessary and it triples the budget. wouldn't it be great if everyone said what they meant? the citi® double cash card does. earn 1% cash back when you buy, and 1% as you pay. double means double.

>> another "new york times" columnist raising eyebrows over his latest op-ed, david brooks vowing not to cover president-elect's trump's tweets. writing "his tweets are classic full behavior. they are raw, ridiculous, and frequently self-destructive." the sad part is that so many

people treat trump's tweets plays if they are arguments, when in fact they are carnival. i'm going to try to respond only to what he does, and it was he says or tweets. i really wish some of my media would do the same. meantime, the president-elect is saying in an interview he actually dislikes tweeting, but uses it as a defense against the media paired watch this. >> i don't like tweeting, i have other things i could be doing. but i get very dishonest media, very dishonest press, and it's my only way that i can counteract. like for instance, when john lewis said that he's never done it before where he skipped an inauguration. well, he has, it turned out to be a lie, so i'm able to say that. now if the press were honest, which it's not, i would absolutely not use twitter, i wouldn't have to. >> well that column by david brooks, by the way, just days coming after times columnist paul krugman wrote that it's an act of patriotism to call

mr. trump and you legitimate president. first of all, the tweeting. wait a second, he doesn't like it? >> peter: first of all, that is a modern means of communication and -- >> should a journalist not cover it? >> of course they show, they should definitely cover it. if they want to criticize it, that is their right. but that is a means of communication, just the way radio used use to become a teln now. >> it would appear to me that as a journalist saying he is not going to do his job. a >> peter: i don't think you can walk away from that. >> it is direct statements coming from the person who is going to be president of the united states. at the same time, i feel like the idea that is going to cover or focus on what he does, not what he says, because actions do speak louder than words. maybe if you had one reporter that committed themselves to not talking about the talk and only talking about the action, i mean that is an interesting little niche if you labeled yourself as that reporter, you could have a pretty strong following. i think it's funny that paul krugman is saying that he's not a legitimate president, or that it's patriotic to not recognize

him as a legitimate president. remember, paul krugman, who has a nobel prize for economics, predicted that the stock market would crash if president trump was elected, and sure enough, he was elected, and it's up 9%, so he has a lot of credibility. >> but if you don't cover his tweets you are going to probably miss a large part of the story, as he says he will continue this tweeting. >> meghan: listen, the times has a huge problem with conservatives and republicans trusting their judgment on anything because i got this election not only wrong, but still wrong that it will be taught in journalism classes. if they don't start getting some people working at "the new york times" that sees the middle of the country, that understands why and how people support a president trump, i don't know where they go from here, they need to start calling themselves commentators are not journalist. and david brooks, i'm so sad to see the breakdown of david brooks over the last four years, eight years, used to be a good guy, used to be an interesting columnist, and now you can't refuse paid i actually disagree with you. what a president says in any

context is news and you have to report. >> peter: it's more authentic than a press release that is written by 20 people, this is his real thoughts. >> harris: and he's established that that is really what he thinks and what he's doing, and its established already, so that's like saying i'm not coming to your next news conference. it is establish communication, so why don't we ever mention the fact that mr. obama has a twitter account was to mark me know when he signs it be. oh. that is coming from him. i wonder whether if he didn't get, and i don't think we can go for a day without saying sloppy kiss, from some media members, if he didn't feel like he could get his messaging out via ben rhodes and others who say that they have friendly people that they can get stories out to, if you wouldn't take to social media. >> by the way, the obama white house launched hashtag campaigns. >> peter: it's this attitude that elected donald trump, because the rest of the country sees "the new york times," or the slimes, as you call it, and

they see what he is up against. to me this strengthens trump. >> in saying that, is it just kind of the statistics that we see the research, or do you also feel that as a republican you don't get a fair shake in the media? >> peter: i don't think we do at all. but to me, you can't complain, because going and you know that and you have to factor that into whatever you do. >> but you go back to that interview this morning with donald trump, for him to say he doesn't like tweeting? [laughs] our perspective is that he enjoys it very much, because he does it so often. >> peter: maybe he's protesting too much there, i think he likes it. >> he loves it. >> and we love reading them. all right, that is it for now, more "outnumbered" in just a moment.

i'm phil mickelson, pro golfer. my psoriatic arthritis caused joint pain. just like my moderate to severe rheumatoid arthritis. and i was worried about joint damage. my doctor said joint pain from ra... can be a sign of existing joint damage... that could only get worse. he prescribed enbrel to help relieve pain and help stop further damage. enbrel may lower your ability to fight infections. serious, sometimes fatal, events including infections, tuberculosis, lymphoma, other cancers, nervous system and blood disorders, and allergic reactions have occurred. tell your doctor if you've been someplace where fungal infections are common or if you're prone to infections, have cuts or sores, have had hepatitis b, have been treated for...

heart failure, or if you have persistent... fever, bruising, bleeding, or paleness. don't start enbrel if you have an infection like the flu. joint pain and damage... can go side by side. ask how enbrel can help relieve joint pain and help stop joint damage. enbrel, the number one rheumatologist-prescribed biologic.

these are difficult times for elderly holocaust survivors

>> get ready for a special edition of the "outnumbered" on inauguration day. we will be streaming live on the web with no commercials and no rules. trust us, you do not want to miss this. that will be happening this friday at 4:00 p.m. eastern on foxnews.com. log on now, keep it open on your computer, why not? >> the live chat is on fire. >> special thank you to congressman peter king. good to see you. >> why don't you join us over on

overtime? >> how can i pull myself away? >> we love that about you. go to foxnews.com/outnumbered, also facebook.com, we are back on tv tomorrow at noon eastern, "happening now" starts right now. >> jenna: thank you, fox news alert on a whole lot of action at capitol hill today, several confirmation hearings underway. welcome to the second hour of "happening now," i am jenna lee. >> jon: i am jon scott. let's check out those hearings, congressman tom price on the hussy right now to get confirmed as health and human services secretary, getting grilled by elizabeth warren, democrat of massachusetts questioning him now. we will listen in. >> the notion you have some metric other than the dollars that they need to provide these services. you might want to print out president-elect trump's statement, i am not going to cut medicare or medicaid, and post