>> jon: historic day in the u.s. senate. we'll be covering it and we'll see you back here and an hour. >> jenna: outnumbered starts now. >> harris: fox news alert, confirmation showdown could we make it a front row seat to history and a first. at the senate is set to hold an up or down vote on betsy devos for education secretary and it's expected to be a type. vice president mike pence way to cast a vote to break the tie. if that happens, it would be the first time avp has decided a cabinet nomination in our nations history. this is outnumbered. i'm harris faulkner. sandra smith, meghan mccain, and abby huntsman. today's #1luckyguy very funny. antonio sabato, jr., is

outnumbered. >> meghan: i love you documented your flight here. >> antonio: it's a movie. >> sandra: i feel lucky that i'm here when you're on. when you're on, people crowd the screen. >> harris: welcome for the first time. it's such a big news day. let's do the news. with that potential tie vote as i mentioned in the senate, vice president mike pence may have to cast the deciding vote. here's how we got here. two republican senators of maine and alaska announced they would not support her. at that place in with the democrats on this issue. not enough for the democrats to block devos. they held an all night talk-a-thon. watch.

>> and my mind, she is the least qualified nominee in a historically unqualified cabinet. >> if she is confirmed, she would enter this job as the most controversial and embattled secretary in the history of this department. >> the american people are making their voices heard in every senate office, the switchboard has been essentially shut down, and i can tell you that i received over 14,000 calls from maryland on this nominee alone. >> harris: the democrats do not have at all themselves. republican senator scott made a plea why she is right for the job and why a change must come to america's education system. >> one of my friends on the left said education is a right. but for too many of our childre children, quality public

education is not. it is simply not happening. >> harris: let's it up on the facts. mike emanuel joins us live from the hill. >> good afternoon. at this one has been tense with the teachers union mobilizing very early on to try and kill betsy devos' nomination to be our next education secretary. it let's take a lie look at the senate floor were this critical confirmation vote should be getting started any moment now. democrats upheld the senate floor for about 24 hours to criticize this nomination, trying to pressure one more republican it to join with them to defeat and reject betsy devo devos. the democratic leader defended their campaign to defeat her. >> it's not democrats were bitter about the election. it's the american people who are bitter about the nomination.

that's why millions and millions of calls, almost unprecedented on a cabinet nomination, have poured into this capital. >> vice president mike pens arrived to preside. he's expect it to break a tie, siding with the democrats on this one saying they will opposes nomination. in the vice president breaking the tie would be historic. the pelicans are blasting obstruction. >> now is the time, as a democrat equator said, to put the country before party. one way to do so is to end the unprecedented delay we've seen by democrats on the president's cabinet appointments.

>> republicans are critical of democrats, saying that confirmation of the trump cabinet is the slowest since george washington. if bottom line, betsy devos has been a target of the democrats from the very beginning. >> harris: you point to how this is a bigger issue than this particular nomination process for education secretary. it is that 4 out of 15 cabinet members who have been confirmed. i do want to say that while you are bringing us those facts, the story continued inside on the floor and now the vote has begun. we will be watching that together. mike emanuel, we may come back, but thank you very much from capitol hill. let's talk about this as a voting is now underway. >> antonio: it would be nice to see both parties support our presidents for once. he has been working extremely hard, putting a lot of things together in a very short amount of time. it would be nice to see the democratic party just toughen up and support president trump for one spirit we have some tough

times coming up. >> harris: abby, i want to point out -- this is very slow. president obama, 12 of 15, nearly all. george w. bush, 14 about 14 of that time, clinton, 13 of 14, and of the list goes on. gh w bush, 6 of 13, it may be a little. this is historic at this point on the state. >> abby: as mike emanuel said, the other time it's been this slow, george washington era. that really puts it in perspective. i think ultimately, the america people are the ones who are hur hurt. if we really want to get going on obamacare and health care, people aren't in place to do their job. i think the other big sign here is what does this mean for the next three years? if they are already making this complicated in just a few weeks that he's been in office, what is it going to be like a year from now? at getting anything done, as you said, at a certain point, the output politics aside and say we have to do this for the american

people. >> harris: you look at, megan, what has been done and why john kelly has been the focal point. that is one thing where the president has been able to put his focus on immigration and foreign policy, because he does have that secretary in place. >> meghan: the anger towards betsy devos, simply for looking at our public education in a different way. she is charter schools, using different ways that we can reassess how public schools are running, everything about donald trump presidency is about reassessing the way things have always been done. i don't know why it's so surprising that his cabinet picks can be a little unorthodo unorthodox. the vitriol at her is shocking in a way i can't believe. i find it a little sexist. i don't understand why you're allowed to parody her in a way the video on on saturday live. the tone that is coming out of f these democrat lawmakers. i just keep thinking of this dystopian, alien movies.

at the end of the world is coming, he's the worst president in history of history. as abby said, is this what is going to be like for the next four years? >> everyone that sat in that chair, antonio, who has come fresh out of washington, charlie hurt yesterday said it is chaos in washington right now. >> antonio: it's disgusting. washington needs something new. after the day is done, washington people are supposed to work for the american people. what's been going on is there a very selfish and their party. they're fighting president trump to this day and it's going to be tough. he's a tough guy, we've got the right guy in office. >> sandra: chuck schumer just said it's not the democrats that are better, they are bitter about the nomination of betty divorce. >> meghan: it goes against everything teachers need.

for a lot of people, it's not just about getting education, but getting quality education as well. i don't understand why having a person take this job who comes from a different space, why is it so unusual and so hard for these people to grasp that this is the type of person donald trump would put into place? >> harris: she sits in that box of being so different. at the people he's putting in place, not just in this cabinet position, but others as well. we look at rex tillerson and no criticism that has come there. how would you take a different look at the same people? that's the definition of insanity. i want to drive everyday's attention to capitol hill now. if you're just tuning into outnumbered, we are watching potentially history be made. this is the nomination process. the vote is underway on the floor of the senate right now. the vice president is the president of the senate, so they do come out in a 50/50 tie which

is to republicans who announced that they would join democrats in the vote against the nominee, betsy devos. if that happens, the gnu c vice president mike pence step up and break that tie with his vote. >> abby: sandra, he made a good point. at this just highlights what people hate so much about washington, d.c., and it dysfunction that have seen played out for years now. i ask you, antonio, what did you like about donald trump question market you came out very early to support him. you said was most attractive, he was the opposite of politics. he was going to go in and do things differently. you realize there's only so much you can still do as president of the united states put yourself to deal with congress and the dysfunction that exists. >> antonio: politicians are getting more powerful. what's going on in california is horrendous. at the country is going literally under the water. these people talk a lot of talk.

we have a president who backs up with a lot of hard work and changing things around. he's still fighting them. we'll keep fighting and we're going to win at the end of the day. >> harris: i want to hear the voice of our president if we can. he spoke earlier today under the bigger umbrella that only 4 out of 15 of his cabinet nominees have been confirmed. watch. >> i'm having a hard time getting approvals. it's only a delay tactic. it's all politics. one person came up to me, a democratic senator, came up to me the other day and it said it jeff sessions is a fantastic man. he's fabulous, he's a friend of mine, he's a great talent. we're lucky to have them. i said oh, great, that means you're voting for him.

he said no, i won't be doing that. a politics don't allow me to do that. i said it was a disgrace. >> abby: if i can put this into perspective, this will be the first tie-breaking vote happening in the senate by a vice president since march 13th, 2008 and that was by president dick cheney on a budget resolution. this is a big moment. >> harris: i want to add this also. we have a lot of emails giving us some guidance. he says please start with the senate, vice president pence is not breaking the potential tie yet. it's interesting, we'll have to see how this shakes out before we see the vice president walk onto the floor. if going for 24 hours, the

democrats could bring on another republican, we probably wouldn't be watching this as closely. democrats potentially would have blocked it. democrats can think themselves for where they are. >> sandra: megan, how much of this is because of what they have? you look at what they've experienced in this last cycle, they blast across the board. this is really all they have hang onto. >> meghan: this political theater at its very worst. i want to know how long it's going to take to get his entire cabinet for it confirmed. at this rate, it's going to take till the summer. at this point, we can get anything done if he doesn't have his cabinet in place. how un-american is that? >> harris: how they put in place the nominee for attorney general, jeff sessions, republican's would have been in more trouble because it would have lost this vote out of the senate, right?

democrats are going to suffer a great loss. they still couldn't pull another one to defeat. it just goes downhill from ther there. >> antonio: they will lose again for years down the road. i need to be hired for the council. i have to work. >> harris: again, we are watching the vote on the floor. >> antonio: i want to change formatting in schools, bring better food in the cafeterias, i'm very passionate about that. i have kids, i'm into fitness, let's hurry up. i know the fitness council is probably at the end of the list. >> harris: talk seriously though. first lady michelle obama tried to do something with schools and there was such a backlash, how would yours be different? >> antonio: i would work a lot harder than she did.

i think she came and went for publicity events, she stepped in and out. she didn't continue the process. you have to keep doing it for 8 years. it was only on tv a couple times a year. >> meghan: he's right. there's so much backlash against the quality, taste of the food. if you're in a place, literally being the ambassador better schools in america. >> harris: right now, we are waiting to see if betsy devos will be the next education secretary. as he watches on capitol hill, we are going to go for a quick commercial break and come right back to the news that's breakin breaking. >> no. mr. cotton. i. mr. kane. no. tives.

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>> harris: let's turn back into the senate floor right now for potential history being mad made. this is a vote going on right now. i can tell you, from our

producer on the hill, that both susan collins of alaska and maine respectively had voted no. or nay as they say in successions. at those of the true republican senators who have said no to betsy devos for education secretary. at that would mean that this is going along party lines with a pickup of two. it democrats able to pull on board republicans. it would need another one if they were going to steal this thing, because a vice president, as president of the senate can step up. they're going to tell me from the control room if we are going to listen and for this, and i will stop talking when that happens. for right now, senators are stepping up and casting their votes. we will stay with this picture because of some point, if necessary, we will see the vice president enter, take his seat and he will cast the tie vote.

>> sandra: susan collins asked if she will have to break a tie today and she said we will see. >> antonio: it's taking so long and so slow, can we just move on? we have a lot of people in need, a lot of homeless people living on the street, we have the veterans, have so much to do. this is just taking so long. i hope at some point, they will come together and work. the vice president will say something very soon. it's a shame that we are dealing with this kind of slowdown. >> abby: as you said, who knows how long this will take? if it goes as expected, harris, they will all get through at the end of the day. then you have to think about the democrats. how did they look in this process? if you compare this to george washington days and how long this is taking, this is about the american people. we have got to get things moving again. you have to get things working again. this is just frustrating. >> harris: you know it's

inching about that. megan, we've talked about this on the couch before, it's deeper than that for democrats. yes, you play to our base and you fight and you fight and you fight. does losing play to your base too? >> meghan: the only message they have right now as we hate donald trump, his entire cabinet. that is not a message that will inspire people. it's fascinating to see come after 2008, 2012, republicans really did come together with a different message. it going forward, i just don't know what they're going to say to the american people other than we hate donald trump and we are different. what is their base rate now question and really is the most prominent members of their party are from california, massachusetts, new york. this is not going to win over the middle of the country. in the meantime, your angering a group of swing voters. nobody likes this, i don't care who you are. as abby said, they're going to get through one way or another.

>> sandra: we just see the anger all across the board, everything will nominee is being criticized, torn apart, it's tough to see where there really critical and where they really have a problem with his nomination. >> abby: this should be a huge wake-up call for the trump administration for how things are going to go over the next four years. he also had members of congress talking about trying to impeach him already paired how many weeks has it been? >> harris: it's not time yet. it is been an f president trump even >> abby: if it takes this long, it's going to eat take everything to get anything done. >> harris: it will be interesting to see if judge neil gorsuch which does get them to come along. that's a fight that is also going on potentially over the next six weeks or so. it's important.

you've got the executive order on immigration, which we may see swing back peered at the constitutionality seems to be upheld. people have problems with that, we will see how that goes. can we talk a little bit about betsy devos? many charter schools across the nation are actually not private schools. i got a niece and one down in dallas, texas, it's a public school. you have been there in new york. the criticism of her only being cozy or knowledgeable about private schools with regard to charter, i think it's an interesting one. >> sandra: megan, you pointed out to many occasions, they're not criticizing her track recor record. >> meghan: it's interesting because rex tillerson is controversial. he's not being called the worst pick in the history of the country by chuck schumer. i do find this to be shrouded in

sexism. i find it -- i don't know if they would be saying this -- they didn't do it to rex tillerson. i don't understand why the anger is so intense with her, other than she is complete look at the way public schools are run from a complete a different lens, different angle. wanting to take a second look at charter schools. i don't know. i think what's happening to her is really unfortunate. >> abby: it's also what people expected for donald trump to do to make picks that you would not normally expect. look at someone like rex tillerson, he was not the first person to come to my mind. he doesn't come from that world, that background. that is what he is pushing forward, people like betsy devos who look at the education landscape a little bit differently than we are used to. maybe it's okay to take a step back and say look what she can do. >> antonio: look at the

united states as far as education right now. we're not doing very well. we need something really drastic, fast, and we need a change in politics. i think it's looking pretty good. i think she's going to be great in it. >> harris: you know what i also think is interesting, when we are at the conventions, democrats weren't necessarily talking all that much about education as their focal point. to see them hold an all-nighter, 24 hours, is against -- i'm a little curious to know what it is about the educational system that they would start with. as you pointed out, we have some challenges. >> sandra: the president has said how important this is to him. i continue to look this vote happening on the floor and think what a historical moment. what this is about to be here. it really represents how much he is also changing things in washington. >> antonio: he is working so hard over the last two weeks. that's what we need as a

president, someone who works for the people, by the people. it's been different from the last eight years. this is unique. he's going to win in so many levels. at this stage, he's probably going to be reelected in four years. >> harris: that's such a great point, sandra. you talk about what he would start the resistance to that now that we are seeing. it's not about democrats not liking the politics of what's going on, there in that slot so to speak. >> abby: what -- you can go across the board and even look at the ban of the executive orders that have taken place. what are democrats doing to fight terrorism? the list goes on and on. they can be out there protesting, but what are they doing instead? what is their planned? what is their alternative to what president trump is doing? >> harris: one thing we saw this morning was elizabeth warren saying among the democrats, she takes this personally. she might have been one, if you

are on the campaign trail -- >> meghan: why does pocahontas take this differently? everybody should take education personally. again, i think this is political theater at its very worst. things are doings so well for her reelection right now. i think is going to play that base is much as she can. as long as you're public and are evil, where the worst thing to ever happen, it's going to play really well to the massachusetts liberal, radical base. at the rest of the country looks like partisan politics. >> harris: antonio, if you look at the republicans just a couple years ago, they are on the flip side of being called the party of no. look at the difference between then and now for your party. it >> antonio: it's amazing what i've been seeing for the last most two years. it's fascinating. >> harris: hold on one second. at the is now, 50/50.

at that means, we artie knew that rutkowski and collins had joined the democrats. we have gotten to that point where it's a tie. we will closely watch the floor to see when the vice president, mike pence steps up. as the president of the senate, he will break the tie. >> abby: you never had a vice president step in and to be for a cabinet. as he said, i very much look forward to this moment. >> harris: let's watch and listen. speak out the is confirmed. majority leader. >> question is on the motion to reconsider. >> i move the table to reconsider. >> question is on the motion to table. all in favor say aye. all opposed.

the eyes appear to have it. the eyes do have it. the motion to table is agreed t to. without objection. >> harris: with that, ladies and ottoman, two points of history. we have a brand-new education secretary, betsy devos confirmed. we also have a tie being broken in the senate for the very first time in american history for a cabinet member by the vice president. history being made, we were there for that moment. now we have five cabinet members out of 15. we talked with a slow process,

we can check us off the list. it >> antonio: this is how it's going to be. we're going to win at the end of the day. democrats are living in a bubble. it's crazy to me that they think this country has been doing so well. we need a change, we need a change in education, our military, everything across the board. president trump is going to make that happen, even if it's going to be the hard way. >> sandra: what is the future look like now that she has been confirmed? all democrats voted no. as did those two republicans that we kept mentioning throughout the hour, lisa rutkowski, susan collins of maine. the vice president just stepped up and cast a tie-breaking vote for a cabinet confirmation. the first time we've ever seen that. >> harris: as we look at the senate floor right now, we saw some things that were predicted in terms of a two republicans joining democrats, we wondered if 24 hours by the democrats would make any bit of difference to pull one more republican, it

did not happen. we paused for the 50/50 tide, we paused for the vice president to take his seat and he cast the vote. betsy devos is the new education of secretary for the united states. stay close the best simple veggie dish ever? heart healthy california walnuts. the best simple dinner ever? heart healthy california walnuts. great tasting, heart healthy california walnuts. so simple. get the recipes at walnuts.org.

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>> harris: fox news alert. history. it did you see it? the very first time a vice president over a cabinet nomination has waited to break a tie. we saw vice president pence do that just moments ago. it now the next thing, the attorney general nominee that president trump put forth, they are now looking to break the democratic filibuster on it nominating senator jeff sessions. at this is a procedural vote to get to the point where they don't have a filibuster and they can make it faster to that up and down which is what we saw

today. 5 out of 15. it is february 7th. this is a been a process for president trump, he is starting to get his cabinet members in place. next, we will cover it at the break. it sandra? >> sandra: meanwhile, federal appeals court hearing oral arguments today to overturn a block on president trump's travel ban. federals say the president has the authority to say who comes into the country. this after attorney general's from 15 states and d.c. filed. meantime, john kelly is defending the order. he said he believes it is lawful and that people are treated humanely. also, president trump responding to a question today on how far he will take the trouble ban fight. >> we are going to take it through the system. it's very important to the

country. regardless of me or whoever succeeds at a later date. we have to have security in our country. if you remember isis said, we're going to infiltrate the united states and other countries through the migration. we are not allowed to be tough? we'll see. hopefully it doesn't happen. it's common sense. some things are law, and i'm in favor of that. this is common sense. >> sandra: he says that a lot, common sense. he is governing with common sense. antonio, it's been a while since we've had on the couch. where do you stand with this? >> antonio: i came in 1985 from italy. i had it to wait in line to get my green card. they were different times. we needed to be protected in this country. the bar complaining about these so-called countries that are not allowed to come here and all this stuff, what about italy,

france, everybody else? out a focus on this and set of the world? is to be equal for everyone. we should protect to the market people first. the same thing happened with president obama when he was elected, and nobody talked about that, but because it's president trump, everybody's talking. we needed to protect our country and there's a lot of people who want to hurt american people. we need to be on edge. don't look at what's been going on in the last eight years. san bernardino, orlando, the list goes on and on. >> sandra: megan, what you expect to hear today? >> meghan: it's going to be a fight until the death. this is what he went on, this what he promised. i think the american public, even people on the left, would be coming in on this little bit more. when you have iraqi interpreters stopped -- my brother is very

good friends when he he was ina rack with an iraqi interpreter. i want political strategist to come in and help a lot with this. everyone he wants our borders to be secure. this is exacerbated under president obama. i think there has to be a meeting in the middle when we're talking about people like interpreters. >> sandra: to go back to the president, yesterday, he said judges will be to blame if we suffer an attack. >> abby: he also said the road was beautiful. it went how i wanted it to go. i think megan is right that the country is less divided on whether or not we should do this. we live in a different world. i think the question is, sometimes how you execute something and communicate it is more important than what you're actually executing because there

are a lot of questions on this broke. if you have a green card, what does that mean? did you talk to some of your advisors? there seemed to be a rush to get this out, not how do we do this the right way? >> harris: senator john kelly took responsibility for that this morning. that responsibility may help the white house out quite a bit. >> meghan: antonio would be a great person to talk about -- how do some surrogates who aren't quite as combated with the media be helpful. >> sandra: president trump blasting the media again. the furious reaction, does the president have a point? we will debate 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.

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to report on attacks. >> you see what happened in paris and niece, all over europe, it's happening. it's gotten to a point where it's not even being reported. in many cases, the very, very dishonest press doesn't want to report it. they have their reasons and you understand that. >> meghan: later the white house handing on a list of 78 terrorist attacks to support the president's claim. it included many atrocities that did receive coverage. harris, i'm going to go to you first. basically, our president saying is is there is political motivation not to report terrorist attacks. >> harris: if you look wholeheartedly where terrorism is happening all over the world, is there an underreporting of that? that might be a legitimate criticism. if there are so many of them, they don't make the headlines.

in this country, and orlando -- you can look at the list that the white house put together, most of them were situations where fewer than three people died. that's not an excuse for not reporting it more, but what if the white house is benchmarked? that would be the question i would ask. what does more or less reporting look like to you? how do we sure up and make the difference? i have some questions, because if you're going to accuse the media not doing its job, if you're saying to us that we are not doing it, what is your idea of doing a more fairly? >> abby: i think the obama administration continued to put out press releases and say everything is fine, isis is not rising, we got terror under control. when he was able to do successfully in this moment was put the media on defense. you look at how all of the different outlets have handled this, you have to look back and research all of the terror acts

that they covered, how long they cover them for and then come back and say we covered them 76-62% of the attacks. >> harris: and also gets us to focus on all of the as tax rate at a time when the president is trying to make his argument for extreme bedding. >> sandra: back to your point, we're coming off an administration, the obama administration that was hesitant to even call an attack at terrorist attack when it occurred. the media -- >> antonio: i've talked to a lot of the media that president trump is talking about, the liberal media, they been attacking him from day one instead of doing their job and asking the right questions for the mac and people. they are so nasty through the process. i've never seen that in my life, even attacking me. you should be in the middle and do her job as a analyst. it's not fair.

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>> sports and politics, overlapping at again. it right now the patriots are celebrating their historic win. meanwhile, two patriots players announcing their plans to ditch the ceremonial visit to the white house in opposition of president trump. two seasons ago, patriots quarterback tom brady had coach bella bella belichick and robert kraft get the white house trick over their win over the seahawk seahawks. is this cool, antonio? >> antonio: it's cool that tom brady is friends with president trump. the best quarterback of all tim time.

>> sandra: what you make of all these political statements from athletes? >> antonio: it shouldn't be about that. they should be celebrating with the president. listen, we have the best of players >> sandra: isn't this a come together moment? >> abby: i am a huge tom brady fan. sandra, i think you have people that see this is a easy headline for themselves to be talked about and seen in a different light. for some of these players who aren't always the headline, art tom brady, everybody's going to be writing about this. >> sandra: the election is over, this is our president. >> abby: it's about being the greatest athlete this year.

i find it really unpatriotic that you don't want to visit the white house, no matter who is in office, no matter who is president. congress members didn't go to the inauguration. what we've seen in this past cycle, things we never actually witnessed before. to your point, megan, it's a sad point to witness. >> harris: i will say this about the congress. good luck with your constituencies going forth. they sit out on the lease hearings because they do represent people that didn't vote for hillary clinton. i don't expect marcellus bennett to be political. i expect them to go on the gridiron and play football. >> sandra: he said, this is why i'm not going to the white house. i don't feel accepted in the white house. there president having so many strong opinions and prejudices. i feel like certain people may feel accepted there, well i

don't. >> meghan: going to the white house is a privilege. if there are millions and millions of americans would love the opportunity to visit the white house, let alone meet our president. sit down, you won the super bowl, you get one of those fancy rings, go visit the president and enjoy your millions of dollars. >> sandra: soak in this moment on our screen. it will be right back. way to get your fiber. try these delicious phillips' fiber gogummies , a good source of fiber to help support regularity. mmm...these are great! my work here is done. phillips', the tasty side of fiber. hei don't want one that's haded a big wreck just say, show me cars with no accidents reported find the cars you want, avoid the ones you don't plus you get a free carfax® report with every listing i like it start your used car search at carfax.com

>> okay, you know what? we really are four lucky ladies, antonio, by the way, so many people in the building right now just hanging out. >> something to share with me or what? >> you have the mojo going. will you stick around for "outnumbered" overtime, foxnews.com/outnumbered, "happening now" now. >> jon: we start with a fox news alert, we are awaiting the white house news briefing at this hour as vice president pence makes history on capitol hill, breaking a tie vote in the senate to confirm betsy devos as secretary of education. >> jenna: meantime, we await arguments in the legal challenge to president trump's executive order on immigration. we are adding started for a busy news day on "happening now." >> it has been a very busy day for presidential statements divorced from reality. >> jenna: comments like those in reports of what is taking place inside the white house are not sitting well with the president and now the administration is firing back. plus the emaciation and says when it comes toee