>> jon: will be back here in one hour with more. >> jenna: "outnumbered" starts now. >> hi drama on the hill. democrat senate still holding the floor. this after things took a dramatic turn last night when republicans made a rare move of silencing senator elizabeth warren. they say she ran a foul of the senate rules reading aloud from a decades-old letter from the widow of martin luther king jr. criticizing sessions. this is "outnumbered," i'm sandra smith. here today, harris faulkner, meghan mccain, dagen mcdowell and one of our original lucky guys, brian kilmeade.

he is outnumbered and it doesn't have much to do. >> brian: i was almost there christopher columbus of this show. i was the second or third one ever. >> harris: you brought a stuffed bear with you. i >> brian: i felt as though i wasn't representing my gender. >> sandra: here we are, almost three years later. good to have you, dagan. let's get started with a another showdown. at the drama kicking off late last night when massachusetts senator, elizabeth warren began to read from a 1986 letter by civil rights leader coretta scott king referred to senator sessions as "a disgrace." >> the senator is reminded that is a violation of rule 19.

>> mr. president, i don't think i quite understand. i'm reading a letter from caretta scott king. >> you stated that a sitting senator is a disgrace to the department of justice. >> let me understand -- >> the senator is warned. >> sandra: and an extraordinary rare move, mitch mcconnell leading a partyline rebuke. >> mr. president, mr. president, this senator is warned by the chair. senator warren "said senator session has used his awesome power of his office to chill the free exercise of the vote by black citizens." if i call the senator to order under the provision of rule 19. >> mr. president, i am surprised

that the words of coretta scott king are not suitable for debate in the united states senate. i asked leave of the senate to continue my remarks. >> is their objection? >> i object. >> i appeal the ruling -- >> objection is heard. the senator will take her seat. >> sandra: what a moment. democratic colleagues rallying her to her defense. >> this is selective enforcement and another example of our colleagues on the other side of the aisle escalating the partisanship and further decreasing the senate. >> i am proud tonight of senator warren. she stood and told her truth. to see this body act as it did tonight is disappointing to me. >> sandra: after getting the

hook, senator warren took to facebook to read ms. king's letter. then she tweeted, "i will not be silent about a nominee for attorney general who has made derogatory and racist comments that have no place in our justice system." "i will not be silent as three publicans rubber stamp and ag will never stand up to the president when he breaks the law." brian kilmeade, did any moment capture a surprise? >> brian: that should've been on broadway, not in washington, d.c. it was all a big act, there was nothing sincere about it. if she felt that way about one of her colleagues, that he is a racist and dating back to the 1980s, how dare she say silent all those years. she could have come and spoke out. but now she picks this time and they're during an all-night or for no apparent reason other than to raise money. she all of a sudden feels that this is when she should draw the line in the sand?

this is an embarrassment. she's going to benefit, she's making money, she's making appearances on shows. >> sandra: it was determined, megan that she broke rule 19. she was simply quoting kennedy and king's words. i heard you take a deep breath. >> meghan: there's a lot to unpack. this is unprecedented, she did break the rules. have no doubt, she wants a 2020 add and she just had it right there on the senate floor. a lot of democrats are hesitant on elizabeth warren. a lot of democrats aren't ready to push her wagon to her. last night there were all these hashtags, these feminist, leftist rhetoric from the extreme left, she wants to be sort of the next hillary clinton

if you will, except more extreme and this is all about politics part of this is all about hashtags on twitter and it's all about being on the news. this is not about jeff sessions, because have no doubt, he will be confirmed and he will get through. at the democrats are just going to throw tantrums until apparently, all night in the middle the night. >> sandra: senator marco rubio took to the floor as well to say this isn't just about elizabeth warren, it's much bigger than this. i want you to hear this and then react. >> turn on the news and it see where people throw chairs at each other and punch. ask yourself how does that make you feel? it as a give a lot of confidence. i don't think we are anywhere near that here tonight, but we're flirting with it. we are footing with it with in this body and in this country. we are becoming a society incapable of having debates anymore. this body should be able to have those sorts of debates. where is this going to happen? what other form of this nation is this going to be possible?

>> dagen: these democrats are being pushed by the far left who were liberals i think they've taken a page from donald trump and it trying really put pressure on chuck schumer or elizabeth warren. it's like sarah silverman calling for a military coup to overthrow donald trump. that's how crazy the rhetoric has gotten. to the point on elizabeth warre warren, the feminist so-called champion of women, she's invoking ted kennedy, who by the way, left mary jo to drown to death. that's her opposition add rate there. that's in a broadway play, that was acting that was like a third-grade thanksgiving pageant. it >> brian: it frankly, she is struggling. not only is it she not emerging as a leader.

>> meghan: shouldn't we ask our leaders to speak the truth? i'm confused about what that means. altogether, this is all political theater at its very worst, they're just doing this to get on television, they're doing it to try to take all republicans out like everyone is racist, this is the worst cabinet in history. >> sandra: senator orrin hatch, peter doocy sat down with him and he said the dop said they share some of the blame. harris, 22 react to this. >> the democrat's have been way out of line. three publicans have done some questionable things, but by and large, there are very bitter about the loss of hillary clinton to donald trump. they hate trump and i think that's a fair word, because you're not hearing behind the scenes. they're not going to be any of assistance to this president. >> harris: what i'm reading

that senator orrin hatch get to the point of, we're just coming out of the most nasty election and the recent open era, not ever, but one of the nastiest ever. the tone and the bar for civility, i think it's been lowered to such a point that you would see something like this on the senate floor might brush up against the rule 19 that we are talking about. to give senator marco rubio the credit of pointing out how this can devolve into the next level is where the roll came from, which is basically when they fistfight and brawl back in the early ruling. there's a lot of subject to suo whether she would approach that. it starts to get dicey if we are going too far. we've already proven that we are willing to get down in the muck, get back up and cast blame or

finger in somebody else's direction. this hurts everybody in the roo room. >> dagen: i think of to push back on the democrats. given how few of donald trump's cabinet nominees have been confirmed, it's historic. president obama, 1215 after 14 days at work. 13 out of 14 for both george w. bush and bill clinton. trump has ten open cabinet positions. >> sandra: chuck schumer, leading democrat, accused mitch mcconnell of escalating. he said vice president mike pence did something no one else is ever done, cast a tie breaking vote on his own cabinet number knee. #riggedcabinet. >> brian: when you talk about

that, because he had to break the tie, because you had to repost into factions think about this, if senator harry reid didn't make the move to get rid of the filibuster and have a simple majority, every one of these cabinet -- they would all be approved right now. >> harris: now democrats have to chew on their own arm. it's only going to get harder for them, because as one of the contentious anticipations to be made. >> dagen: we found out that andrew puzder paid taxes on undocumented -- >> harris: that's a wound. what we're seeing with betsy devos, they were trying to make all sorts of arguments and i got personal time. >> dagen: let's call out three publicans side for voting against betsy devos. >> brian: eight years of

obama, that never happened on the democratic side. >> sandra: will leave it there. a high-stakes decision looming over president trump's temporary travel ban affecting seven majority muslim countries. a court could rule as early today to restore the ban. what can we expect? iran's supreme leader and now mocking president trump of the travel ban, tensions between iran and the u.s. appear to be rising. it could thus spark a fresh confrontation with the islamic public? and put stomach could have put the iran deal in jeopardy you don't let anything keep you sidelined.

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>> meghan: federal appeals court could decide as early as today whether to reinstate president trump's early travel ban affecting seven predominately muslim countries. three judges on the ninth circuit appeal court said the ban is needed for national security. meantime, president trump doubling down on his push to get the policy while speaking to a meeting of policy chiefs earlier. watch. >> this is for the security of our nation, our citizens. so that people come and who aren't going to do us harm.

one of the reasons i was elected was for law and order and security. >> meghan: here to weigh-in, we have dan springer who is live in seattle. >> hi, megan. yesterday, they spent a fair amount of time talk about the motivation behind resident comes travel ban. some would argue -- here's where trump's own words would come back to haunt him. he did say after a terrorism attack, he would ban muslims from coming into the country. washington state flipped to the case, also cited rudy giuliani. >> there are statements that we quoted in our complaints that are rather shocking evidence of intent to discriminate against muslims. >> it is extraordinary for a court to join the presidents.

>> the judges were hard on both sides. at two the panel judges were nominated by democratic presidents carter and obama. richard clifton was put on by george w. bush. he tweeted again this morning about the decision to issue the temporary restraining order going at horrible and dangerous. he spoke about his authority to issue the executive order and then took another partial swipe at the judicial system. >> courts seem to be so political. it would be so great for our justice system if they would be able to read a statement and do what's right. >> in the hearing ramped up last night, one of the judges it said they will make a decision as soon as possible.

we're expecting at some point this week. megan? >> meghan: thank you so much. what stuck out to me most is president trump saying the courts were so political. it do you think this is paloma melodically motivated on their part? >> brian: i was shocked that rudy giuliani would actually sway a court. i don't think you should look at campaign rhetoric and have that play a role, but you have to wonder if you have a jimmy carter judge, you have a george bush judge and a barack obama judge, those are the ones that put them there. on a telephone, we're doing those question markets 1966? you hear some of the questions, you can definitely see a point of view in the questions. you can hear it when we do this every day. i'm not used to hearing that from a judge. >> meghan: harris, one of the things that surprised me was

general kelly wasn't saying the rollout wasn't as good as it could have been. it is there anyway to put the genie back in the bottle? >> harris: i think there's comfort in that because somebody stepped up and took accountability for something that there wasn't so much video of, no matter what you look at, you knew there was something going on at the airports. sunday night, this was something that piqued my interest this week. as we have a storm coming on the east coast, i'm wondering how we're going to see people from those seven countries getting on planes. there was an increase of numbers coming in the gap of this decision. they were paying astronomical amounts for those tickets to try to get into this country from some of those countries before this would be decided on because there is some thinking that the white house could actually prevail on this. there were a ton of attorneys still at the airport and the gap of this decision on sunday night. i find that fascinating. >> dagen: based on the questions that those judges asked on that call yesterday,

this is completely politicized. they have it two things to decide. do these states have a standing to sue the government over this, and what's the harm done to the states and to the judge in seattle act within his rights? they are not there to decide the merit of the travel ban appeared the questions they were asking were on the merits of the case. there are 43 cases roughly about this travel ban. these judges, do they know they're wearing robes? >> harris: that's usually what does happen. it they take similar cases and put them in one place. >> dagen: he says i have trouble understanding. >> sandra: by his own calculations, 50% of the world's muslims are affected. you will back to that phone call, by the way, they did put

it on youtube. 130,000 people tuned into youtube. there's one thing for sure, this is captivating the country. >> brian: taught me if i'm wrong here. this is a pause to come up with a procedure for criteria. if i'm donald trump, i'm disappointed. i'm working on the extreme vetting procedure and we hope that pakistan gets on that list. imago, your argument, just forget it. here are not my new rules. >> dagen: what does that say about our security in the interim? >> harris: the president able to make a stronger argument for what's happening. >> meghan: charles krauthammer said this last night that since 9/11, there haven't been any attacks from one country of the seven bands.

>> harris: the associated press did a check on that and it's not exactly true. >> dagen: there are 11 who have been arrested. from those particular countries. >> brian: there's investigations in all 50 states going on right now, some of them involve these people. >> meghan: we will certainly stay on this, as you said, the world is captivated by this. they can't say they weren't warned. how the democrats plan to fight back in the heated rhetoric between iran's supreme leader and president trump. the white house responds. did you make that? i did... n't. hey, come look what lisa made. wow. you grilled that chicken?

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the >> harris: welcome back. tensions are rising between iran and at the u.s. after their supreme leader mocked the u.s. after thinking "mr. newcomer." ayatollah also scoffed at president trump. the white house is firing right back saying there's a new sheriff in charge. >> i think the president is going to realize that there is a new president in office. this president is not going to sit by and let iran -- he will continue to take action as he sees fit. the president has also made clear time and time again that he will not predict with these actions will be. i think iran is cutting itself if they don't know that there's a new president in town.

>> harris: president trump told our bill o'reilly that is keeping the plan open. >> we will see what happens. i will say this, they have a total disregard for our country, they are at the number one terrorist state. they're sending money all over the place and weapons and you can't do that. >> harris: can i set the table for one second with something that i read this morning and they need order? remember when we gave him that $1.7 billion that was not ransomed for getting our people back? at least six americans and two green card holders are now in prison or have disappeared inside the islamic republic. one is now the longest held hostage and u.s. history. an undisclosed number have not been publicly identified. that's who we are doing business with. >> brian: absolutely. we could have wrote that. that leaves on the prompter also dating back to 1966. we've always had it tensions rising with iran.

the only reason -- what he is doing -- is not donald trump the businessman -- what he's doing is not taking a backwards step. what happened yesterday? iran pulls their missile back from the launchpad -- >> why do you think they can come back and haunt him like this? >> brian: we have been given the go sign from our navy to take action. these guys can reconfigure control of the persian gulf. >> harris: we just brought some home last year, it's almost exactly one year ago and they are plucking more. >> meghan: i deeply feel for

our president regarding everything with iran. at the last eight years have done nothing but -- it's a complete and utter mess and they are in gold and because they had a president for eight years who let them jerk america around for as long as possible and release a sanction. president trump has the responsibility to show them that there is a new sheriff in town. i think iran could possibly -- >> dagen: with the obama administration did over those eight years makes it tougher for the trump administration put pressure on iran. the obama admin's ration their backs on the ballistics missiles test with death to america written on the side of them because they were so worried about preserving that nuclear deal. we've shipped $1.7 billion in cash to them.

all these companies have started making deals with iran like boeing. those who sanctions, the new round of sanctions last week did not affect any individual or firm that is doing business with iran now. again, once the money starts flowing -- >> harris: you adamant? add >> harris: >> it's important foe american republic to remember that president trump has top people who understand the atrocities and understand the shortcomings of the last eight years. i think it's important to know that these people, whether iran likes it or not, there is a new

sheriff in town and they are not going to sit back and be jerked around by iran with this kind of rhetoric. >> sandra: if they further provoke us, should we be letting them? >> brian: you keep your cards close to your vest. he keeps saying it. he edited himself and said i'm not going to tell you what i'm going to do. guess who also have a? israel and saudi arabia. syria doesn't know what to make of it. it >> harris: that relationship with israel. i will say this, he is new. he is coming to the table new. he could own the label newcomer and assay that's why you don't know what i'm going to do. >> brian: absolutely. at that be great. >> meghan: anything is better

than the last eight years. the g.o.p. is already gearing up with national elections. from blue-collar parts of the country were president trump is popular. at one vote of the districts listed are states where president trump carried over hillary clinton. the success of our government depends on republicans remaining strongly and the majority of the house. we owe the american people assurance. for democrats to win control of the house in 2018, they'll need to gain 24 seats. democrats releasing their target list for the midterms. they are banking on president trump's policies backfiring and giving them a boost. i just can't help -- elizabeth warren, bernie sanders, i don't see how they're going to be able to get over this hump in four years. >> brian: they're not.

he's saying, get over it. you have to think long term. >> sandra: why would you and come up with a target list if you don't have a strategy? they haven't decided what their messages going going to be. it wasn't donald trump promising a gross and his first term in office, 4% in each year? if he's achieving that come two years, 4%, can you see democrats even having a harder time and they just did? that's a high ball for him. it >> dagen: there is all this talk about repealing and replacing obamacare. right now they're bogged down in the court with this travel ban. it looks like tax reform, both individual and corporate are getting kicked down the road. people are talking about the fall, front page of "the wall street journal" today about how there's mortar

adjustment taxcutting in in the way of that. everything the trump administration does needs to be scrubbed with is it growing the economy? is a growing wages? is it bringing jobs to united states? if he can get that done in two years, it's going to be a tough midterm. >> brian: i would say a couple of things. they say why it was bill clinton able to survive the scandals, why can other people get through with what they do? that's what people care about. the rest is a sideshow. when it becomes intolerable is when the economy is crumbling. it's solid right now, but it's promised to do more. >> meghan: economy aside, donald trump is a political ico icon. you cannot underestimate his continued to appeal.

democrats are dead in the water. >> brian: emanuel's recommendation was to go get some sheriffs and military men and women and run them in the election. >> dagen: rahm emanuel, doesn't have a city that's imploding? >> brian: he's the one that told obama, don't do obamacare. he was 100% right. >> dagen: is another concern and i and i think that's why you heard president trump trying to bring down expectations of obamacare, because he does know that they -- the republicans will own the fix. it's very tricky. >> harris: real quickly, last night, we were time of the town hall that you and i watched with ted cruz and bernie sanders. it was exactly what you're talking about. you saw senator ted cruz talking about repairing and dealing with the issues of medicare and medicaid. we don't know how much of that is really dealt with in the replacement plan yet from the g.o.p., but it has to be.

and you do slow down to read those pieces in there. it's interesting. it >> brian: i was amazed with ted cruz, by the way. he was able to dissect everybody else's health care problems and challenges. the problem with the obamacare, nobody ever read it including the people that read it. i'm sure president obama could not survive the 25 question quiz on it. they say a lot of the rules are contradictory. we are asking our lawmakers to redo health care twice in eight years which we didn't do for 200 years. i don't know if they want that challenge. >> meghan: i just hope they keep putting elizabeth one on television as much as possible. >> dagen: and nancy pelosi is a saying i fired them all!

>> meghan: is putting donald trump's daughter in the crosshairs a fair thing to do are they crossing the line

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lift the burden of getting a home loan with rocket mortgage by quicken loans. [whisper: rocket] >> sandra: liberals are targeting ivanka trumps fashion line. nordstrom is ditching the brand citing decreased sales. new reports that several other retailers are following suit. the decision coming after the gradual wallet movement calling for consumers to boycott the trump family placed ivanka's brand on its list. it president trump are acting on earlier today writing my daughter ivanka has been treated so unfairly by nordstrom. she is a great person -- always pushing me to do the right thing! terrible all right, so you're left to

speculate whether the stores are dropping her line because of the decreasing sales or because they're getting into this movement. it >> brian: i know a lot of women. every woman i talked to says her brand is fantastic. you were saying, this is an anti-trump movement, and i think this is pushing more people onto amazon and other things we can buy the same product and out of the retail stores. you're cutting off 50% of the country who voted for donald trump who are going to be extremely angry and militant about this move. >> sandra: megan, what you make about all this? >> meghan: i think it's controversial. if you want to be president of the united states, you're automatically going to get a portion who doesn't like you are even hates you. i think people who are using the

free market to voice their opinion one way or another, i think it's within their right. i don't know enough about nordstrom's and macy's to know if it's politically motivated. i know that it is a fair and free way to protest donald trum donald trump. >> dagen: we know enough about business to know that if it was helping their bottom line to drop their brand, it would be very difficult for them to do that. they dropped to the brand because of declining sales where nordstrom let go, there is opportunity for other retailers. you could buy the shoes and the clothing on amazon.com. >> brian: go to trump tower and ask her for stuff. >> dagen: i think it's unfair because she's not the president. she's a family member who has the same last name. if it was any other family and,s move would be called wildly

sexist. it's not racist. >> harris: except for the fact that we've seen her sit in. she is part of the politics of the white house. we don't know what she's going to be doing it, but she's married to someone with one of the highest roles in the white house. we know there's access there, if nothing else. you and sandra know this best, when that happens, that's supposed to make you as i understand, dependent from what's going on. she's put it in a blind trust and i've talked to people who are handling that, and that should be enough for her to say i'm not connected to that. what are the decisions? as it being driven from the customers of our calling these companies? >> meghan: in the case of macy's, a major chain that we know is collapsing in on itself. most department stores chains are struggling that way. they are saying that their

employees are uncomfortable with their roles selling and marketing her brand following the election. it >> brian: we are not sure what macy's is doing, remember it was a first retail chain to get rid of donald trump's ties after he made that comment about the wall. >> sandra: one of donald trump's biggest critics looking to take it to the next level. at rosie o'donnell lobbying to play top white house strategists steve bannon on "saturday night live." is it really about comedy or is hollywood's hatred becoming unhinged? that's coming up next constipated?

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>> dagen: >> we are awaiting thy news briefing from sean spicer. he is sure to get questions on the ninth circuit court of appeals. if they are said to weigh in on that ruling staying president trump's orders on immigration. plus, the latest on on the alde battle to get trumps nominees confirmed. it lets out a on "happening now now."

>> harris: the reaction has been fierce over liberal actor alec baldwin's portrayal of president trump on saturday night live. that's not fresh, this is. over the past weekend, melissa mccarthy is making waves. debuting her impression of white house press secretary sean spicer. now the president's longtime enemy, rosie o'donnell is lobbying to play his strategist, steve bannon on "snl" ." responding to requests on twitter saying she is here to serve. no word on whether nbc will take her up on that offer. at some point during this, we'll do some side-by-side pictures. just to get your vision on this. it >> brian: what does it steve bannon sound like? she does look similar to him. rosie o'donnell is desperate to have a full-time job. even though i don't like alec baldwin as donald trump, because he's so literal. it seems to be hate.

during a 22 year high in terms of readings, something is paying off. stephen colbert spends all his time ripping donald trump. he is beating the tonight show. >> harris: >> dagen: here's the difference between rosie o'donnell and melissa mccarthy and alec baldwin and kate mckinnon. rosie o'donnell can't act. her last role is in pitch-perfect to a few years ago as a view host. she's in one movie wearing leather bondage gear. that's something you can't see and your entire life.

>> harris: you don't look anything alike. i don't really get it. >> brian: i'm supposed to be a really dumb guy, that's okay. >> meghan: it used to be a form of flattery and a cachet and your hat, if you will, if you are parodied on "saturday night live." if you take that way? >> brian: not yet. it may be therapy. >> meghan: it means you've made it on some level. i used to work at saturn i live in college, so i feel like i have a different kind of insigh insight. i feel like it is on some level, a badge of honor. i think one of the reason they have such high ratings, i think donald trump isn't handling it well. instead of handling it and making fun of it, they are so

angry. >> harris: why not ignore it and just go do your presidential stuff? >> dagen: i have to point out, when chevy chase started doing gerald ford in the '70s, that hurt gerald ford. >> meghan: don't underestimate the power of the show, i think that's dangerous. donald trump understands the power. >> harris: he said we would get tired of winning, i would if that applied to nbc. he's helping them win still. think about that he's done on that network. >> brian: he's not helping the apprentice after he left, because arnold george necker isn't suffering. >> harris: what i read this morning as he beat "celebrity apprentice" ." i have never seen a bigger

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