>> jon: we just learned donald trump will have a visitor february 13th. at the prime minister of canada. >> jenna: there's a lot of news to get to. we'll get to it all and our next hour. >> jon: "outnumbered" starts now. >> fox news alert. just moments from now, president trump meet with a group of senators, including several red state democrats which he hopes will support his supreme court picks and other agenda items. at this is day after his choice for neil gorsuch calls his choices disheartening. here today, sandra smith, harris faulkner, eboni williams and geraldo rivera. sir, you are outnumbered. >> harris: happy snow day.

>> meghan: we have a lot to get to. judge gore such as nomination, including six democratic senators minutes from now. for those democrats, all up for reelection in states resident trump won handily. judges gorsuch disagrees with his choices. richard blumenthal met with him yesterday. >> my strong hope is that he will be more vehement publicly. he expressed to me that he is disheartened by the demoralizing and important comments made by president trump. >> meghan: this morning, president trump blasting the lawmaker on twitter.

"senator richard blumenthal, who never fought in vietnam when he said for years he had come a major lie, now most resembles what judge gorsuch told him?" they say he did not use the word "abhorrent" and he was not referencing any specific cases. i'm going to go to you first. what do you make of it? is >> geraldo: i think a lot of things. first of all, in political terms, i think judges be 24 has done a brilliant thing by distancing himself from donald trump if he hopes to get the necessary democratic senators he needs to get the 60 votes to be the filibuster and get his confirmation to the high court. politically, i think it's between a brilliant thing. it sounds a little whiny to me, disillusioned. grow up. the president has a right to make a comment.

of it's something that irks me because we have such short memories in the newsroom. i remember so specifically when the george w. bush appointee estopped president obama from expanding the dream act. in other words, they were republican attorneys general who asked to this federal judge in texas to stop this nationwide program to expand the dream act and the judge did. he stopped at, the obama administration said judicial activism, these right-wing judges are doing this and so forth, and now you're hearing the same language from exactly the other side when it comes to this case in the ninth circuit to stop the refugee ban from being withheld by this judge. i think it, grow up, people criticize the judiciary, it's not going to change anybody, is not going to be intimidating, i think way too much is being made about donald trump's comments. >> eboni: i agree.

donald trump is not the first to criticize the judiciary. i think were judged to be 24 is coming from, probably never in his life did he think he would be working on behalf of donald j. trump, but he spent his life in a fraternity of the judiciary. i think that means something to a lot of these judges. i think they take it very seriously, one of the camaraderie around it. he said an attack on any brothers or sisters is an attack on all judges. the authenticity of how much he believes that, i guess we'll never know. i do agree with you politically, but good cop, bad cop. i think it endears him to the democrats he needs to get through. >> sandra: this is an effort of judges be 24 to show his independence from the president. this is something the democrats would actually buy. >> geraldo: but this is really

an independent study? listen, speak 24 isn't my first choice. i think gorsuch is qualified. i have not seen that in his judicial track record yet. he seems to be a traditional, conservative guy. he's taking scully as a seed, the most right wing anti-activist judge. i think that gorsuch may be the right guy. he may be the one guy that gets through relatively unscathed. le curious as to why he thinks he needed to weigh in. the former general for president obama said he enjoyed working with him on the lower court. he's meeting right now with two of the republicans who voted

against the education secretary nomination of betsy devos. he's doing some reach out there. the president will meet with more moderate democrats. many of them have had great things to say about him. i just would question why would you weigh in politically at this point? why do you need to do that? >> geraldo: obviously, i'm only theorizing here. his fear is the confirmation process. he's afraid the democrats -- because he did not get a hearing. they are so angry at that. >> harris: mayor garland is his first meeting? >> geraldo: this guy knows the score. >> sandra: let me jump in. we have a reaction. it peter doocy spoke with him. he is insisting that he did not embellish or misremember his interaction.

>> eboni: he cooperated. we have two republican senators saying the exact same thing. we are arguing semantics. i think politically, he doesn't need to try so hard. i agree with you, it makes me buy out more. at that maybe he authentically has a problem. >> harris: >> sandra: here's wht peter doocy is reporting after speaking with blumenthal. he's saying that speak 24 needs to publicly defend the judiciary against the president's attack. this is blumenthal calling on him to defend it. >> meghan: i think, i don't even know. also just speculating, he seems very immature who is not very and political. he has a great reputation, very

respected. i think he's speaking authentically from the heart. i would implore our president not to come out and attack him. it would look bad for everyone all around. it would give the democrats more ammo. all red red red state democrats one republican states. what i want to know, the democrats meeting with president trump, either going to be eviscerated by people like elizabeth warren, bernie sanders and try to reach out? on these sacrificial lambs for the left right now? >> geraldo: these are all great questions. >> geraldo: i think that those f things diminish the president.

>> harris: we are awaiting a decision right now from a federal appeals court on president trump's travel ban. remember, they put the word out yesterday, it was going to come then. so will it come today? meanwhile stephen miller is ripping in the media coverage. watch. >> it is extremely dishonest and it is frankly contemptible the way that false statements have been made about the's lawful, necessary, and fully constitutional action. it was dishonest, it is false, and it is wrong. >> harris: meanwhile, attorney general jeff sessions is weighing in on trump's immigration order. >> we need a lawful system of immigration. one that serves the interest of the people of the united states. that's not wrong, that's on a moral, that's not indecent. we admit a million people a year plus lawfully. we need to end this lawlessness that threaten the public's safety.

>> harris: yesterday, and really the better part of this week, we have seen the associated press, "the wall street journal," and others come out and say, not in defense of anyone, but just pointing out the fact that there have been people arrested, people coming into this country from those seven countries. very early on, seven countries at the president had put a part of this travel ban, it was criticize. it is saying we never see suspected terrorist coming from there. i first want to get your thoughts on that. >> geraldo: if you're asking me if this one federal judge has the right to temporarily stop the president from imposing this refugee ban, my thought is that has to be litigated. for example, there is no job that the president has the authority by statute. there is a law that says he can stop anybody he wants to, is totally his call. except if he is trying to get around the first amendment of the united states constitution,

the law is subordinate to the constitution. if they're trying to do a muslim man and disguise it as a regional ban. that's a question of fact. did they really try, as giuliani said, we'll try to keep them out? >> harris: what about spokes people who talk on behalf of the administration. there argument to that is that there are other majority muslim countries that would be on the list. what say you? >> geraldo: what i say is, this is all a question of someone who has to determine what's true and what's not. here's the issue. this is a temporary restraining order. hold it a second, we'll try to figure this out. the president is appealing the temporary ban. the government has not yet

provided compelling evidence that the temporary pause is irreparably harming the federal government. the states come on the other hand, who are suing the federal government are saying wait a second coming of students i can get back to the state universities, we've got couples that have broken up, we got little children's and are waiting to get to their parents. >> sandra: can i get back to the point of how much the media is covering this? it's on exactly honest and fair. >> geraldo: i agree with that too. he's not as popular with the media as he is with the 52 or 53%. >> harris: i'm going to move on to you. at the other attorney on the couch. in my interview this week, i found out that in addition to colleges, there's some budgetary issues that states, particularly washington, are trying to show how they're being harmed. we are looking for human harm, aren't we?

>> eboni: not necessarily. it's really several elements that are being evaluated. it ultimately is an issue of whether or not the ban, the travel ban at its core, is truly on the roads to a first amendment violation. unfortunately, i think president trump's own words might be their own worst enemy around this issue. things were set on the campaign trail that are causing speculation. we heard that anyone listening to the arguments, that is what these states attorneys argued. what is the true nature of this band? it is a totality of its circumstances. >> harris: how long do you

think this will take? >> geraldo: i think may be today. i think it will be upheld. >> eboni: it could be narrowed, only because i heard a lot of language all round long-term permanent residence. >> harris: meanwhile, he just was sworn in as the new attorney general. that doesn't mean elizabeth warren will let go of her beef with jeff sessions. far from it. the twitter storm from the massachusetts senator getting a lot of attention today and reaction. and california taxpayers is shelling out some big cash for eric holder to fight president trump's agenda. it should taxpayers have to pick up the tab for this? is this even legal for them to do so? will talk about appeared after the show, we pop up online. you can go to facebook.com/outnumbered. we are facebook alive people.

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[applause] >> sandra: the vice president today, swearingen senator jeff sessions as the attorney general after the big controversy ahead of his confirmation vote. senator elizabeth warren excused from the floor after reading a letter written by coretta scott king. mitch mcconnell said as she was impugning the character. warren lit up twitter. here's just a sample of that. if jeff sessions makes in the ee tiniest attempt to bring his racism, sexism and bigotry into the justice apartment, he'll hear from all of us. consider this my warning. we won't be silent. we will speak out and we will persist. there you have it, geraldo

rivera. >> geraldo: i think the democrats basically disappeared as a political party on novembe. they were so ineffective, and so disorganized, so dysfunctional, that they almost seem to cease to exist. they are now all that is left, they are trying to refashion -- who is she appealing to question marks doesn't appeal to you or me, she's appealing to the people who are fearful of donald trump and angry that a minority popular vote president is in the white house and that they must of the on that. >> harris: i'm tweeting that out right now, what you just said. i can't wait to get a response on that. i'll report back. >> sandra: at some point, they have to stop and look at themselves and decide if this is a strategy. if they're trying to get in the way of every one of trump's cabinet nominations.

>> meghan: i'm fascinated with what she's doing right now. she's bleeding democrats. if you're a senator, i don't know if you want to get on that bandwagon. she's setting herself up for 2020. the #list2020 was turning over over. her book deal was announced this week. she went on rachel maddow last night. she is trying to get publicity and money for her book. >> sandra: ebony, i want to bring you on this. democrats are worrying the party. miss warren's ultraliberal politics are going to be a hard cell and states like north dakota. democrats are going to have to decide whether they want to

defend those seats or sacrifice them and the name of the resistance which ms. warren clearly thinks she's heading. the >> eboni: the democratic party is going to have to make a decision around what their identity is going forward. many people think that working with president trump is going to come with a huge consequence. i think elizabeth warren, what she's doing here can be effective. something mitch mcconnell said said, she was warned, given an expo nation, nevertheless, she persisted. she is using his own words against him. i became a huge trending meme on instagram yesterday. you have tons of feminist -- >> geraldo: what they mean? meme? >> eboni: they are or may be impassioned by the type of language.

>> meghan: she ended up losing historically. but i have yet to see evidence that these marches, these hashtag revolutions online, have any weight. >> eboni: and that's why going to be a risk. i don't think the surefire message, but i think this is a helpful avenue to get people to turn out in november. >> harris: you too often talk about differences. how does this help the woman's claws, i mean the woman like all of us. how does this help the woman's cause -- she did this on the first night, kind of alluding to the fact that she was shut down. she was a shutdown based on the fact that she's a woman. >> eboni: i'll tell you this. there are four democratic male senators were eventually able to read the letter. there's a difference there. elizabeth warren, some of her personal viewpoints, but that is

the message. if you don't know anything about that nuance and you're just a young woman watching this, you see men doing something. >> harris: something people need to know, is it she broke a rule. >> harris: i saw ted cruz call mitch mcconnell a liar and nobody imposed to the rules. >> meghan: she's just doing it to sell books. >> sandra: we are hearing from top military officials on what they are saying is the insidious decline of our armed forces. if the concerns they're raising and whether president trump will be able to make good on his promises to rebuild our militar military. and democrats trying to find their identity at a retreat this weekend. the growing risk of whether they should fight president trump or try to work with him. also, whether an attorney still has any relevance

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♪ >> harris: top brass are sounding the alarm. watch what was told during a hearing this week. >> i come before you talk about making tough choices. this year is all the same. while we are still able to put our first team on the field, our bench is largely incomplete. >> harris: just a few of the concerns. the marines, 44% of their f-18's are not ready for combat. across the board, funding cuts brought on a number of fighters, bombers, tanks, to their lowest point since world war ii. those are some disturbing things to hear.

>> meghan: to see the to mac when you broadcast to our enemies, you can do anything you want to us at any given time and the military probably won't react. we probably won't do anything to stop you. when the morale of the military goes down, and we aren't giving these men and women the tools they need to fight if god forbid, we come to that point. it makes me very sad that this is happened under obama. you cannot put any blame at the seat of donald trump. he's only been president for two and half weeks. i hope this is one of the things he starts off first and foremost to fixes as soon as possible. it >> harris: i wonder how you attack this. it clearly we are fighting a war on two fronts. look at all of the hacking's of our government and look at what they have done. it's really irrespective of the election and anything the tapping of the last six months. even before that.

we have to fight that too, but world war ii for our machinery, or equipment? >> geraldo: we all support the strongest military possible. if we also spend lavishly more money on our military than any other nation by far per capita and any other way you want to mention it. i caution this, while we want f-18 hornet jets to fly, on the other hand, how many of these appropriations are because of lobbyists -- as a president correctly pointed out, lobbing hundreds of millions of dollars -- how much of the taxpayers money are we spending on the military goes to a political sucking machine? >> harris: are you more confident now under this president?

>> eboni: that was going to be my point. i agree with megan. it when we broadcast our intentions before coming undermine their like he said, let's not pretend that we don't spend billions of dollars. yes, there were cuts, but there's still an incredible amount of money going there. it's the stewardship around all of the millions and millions and billions of dollars that's really the problem. whether we should see a result under trump, for america's sake, i hope so. >> sandra: we know we are too small for what we are being asked to do today. a smaller fleet operating at the same pace is wearing out faster, work is increasing, we are asking on and off a lot of our people to fix it. there's a huge problem there. i'm sorry, i'll cut you off. >> geraldo: i have no real idea. this mandatory limiting has

impacted the military may be disproportionately. having been on 22 major combat assignments and afghanistan and iraq, i saw an awful lot of money. i was in the last conway out of iraq. we thought it was the last one in 2011. when i looked the rearview mirror, we had at 1,000 ford f-150 pickup trucks that left behind. civilians climbed over the fence and they took them. there are amazing -- i'm sorry, i think that president trump, because he knows business, he can look at the boeing deal and boeing saying they're patriotic we have to do everything for america. >> meghan: again, you have a president that in my opinion, is totally committed. he pulled us out of iraq and afghanistan appeared he wasn't committed to giving up. donald trump could cut some of

this fat. i think there is a moral issue here. the fact that you're not supporting our troops, or military, of course, we're not going to care what happens. we have to move on. house democrats hold their winter retreat this week, and with next year's midterms looming, they discuss how to deal with president trump for the next four years. some saying it would be political suicide to go after him hard. "opposition for opposition's sake, even if we think the policies." a vocal critic of the president says while he does not the party to get dragged into president trump. if in a president wants to mix it up, well, it will go there. ebony, do you go nuclear or do you support him?

>> eboni: at the democrats are really being smart and strategic care, they play both sides. i think they let people cooperate with people around things like infrastructure, may be some pharmaceutical sale issues, things where there is a common political ground. let them work with him and get results. that will bode well for them politically and also for the party. for the super left side of the party, elizabeth warren, bernie sanders, let them go nuclear. let them be the moral opposition of donald trump and let them understand that they are working hand-in-hand and let the party do what is in the best interest of those in the party. >> geraldo: i think we have very short and selective memories. how many times did we vote to repeal and replace obamacare? how many votes where there? 40, 50? republic's are saying the democrats should cooperate. a baloney!

right now, the republicans control the house, the senate, and the white house. the republicans can force his agenda. right now, they showed appeared to stuff is crying about the democrats. at the democrats will find their way or they won't. right now, they have a mandate. a stop looking to the democrats. let them be their own anarchistic selves. focus on the agenda appear to get through or you can get through. you've got majority in the senate, house of representatives. shame on you if you can get it through. >> meghan: harris, maybe it's as simple as a fractured party. >> harris: it's interesting what geraldo is a saying i thought you would have championed bipartisanship. a particularly on what's going on at the white house. the president meeting with more moderate democrats try to bring him on board. republicans would like to get that support so they don't have to use the nuclear option. i thought it would go there.

what you're saying is astute, because there's nothing you can do about the democratic party right now to get along with them because they can get along with themselves. i think it's so optimistic that the far left people just kind of sit in their seats. >> eboni: what they're going to say is our party is on the brink of relevancy. >> harris: if the votes were going to that far left. they need more than just a seat, they need a throne inside that party. >> eboni: they undermine the moderate part of their party. if you force them to do what they're acting, they will relinquish their presence. >> sandra: political reports say democrats are have quietly set up meetings with the white house on areas where they might share common ground, bring down the cost of prescription drugs. >> meghan: elizabeth warren will go nuclear.

>> harris: you can put baby in a corner. [laughter] >> meghan: taxpayers in one state now showing up big bucks to help out former attorney general eric holder fight president trump's agenda. we'll talk about it next. ♪

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♪ >> sandra: california taxpayers now showing out thousands of dollars a month for eric holder to fight present trump agenda in the state. at that according to a contract obtained by a conservative watchdog group. it there shareholder will work 40 hours a month with legal challenges over everything from immigration to health care to

environmental policies. judicial watch calling the deal crony corruption. some claimant the contract is illegal and violates the constitution. what do you make of it, geraldo? >> geraldo: all i know is that works out to $625 an hour. i pay more than that to my litigators if i'm in court. i don't think the price is exaggerated. eric holder is an excellent attorney. this was in the topic, but what does this tell us? that is going to be the front line and the political wars of america. it's going to be poured out on the courts. it's about century cities, it's about refugee bands, it's about whether a wall can be put on the southern border, it's going to be the aclu is getting record donations. >> sandra: i think where one gets confused as post to do what's best for your state.

>> eboni: california voted for hicks hillary at 62%. it i have to tell you, i lived in l.a. for 5 years. they were delighted to see eric holder on the payroll. they were delighted to see their tax dollars go to him. there is not a more zealous advocate if you're trying to argue for the side of century cities than eric holder. >> harris: you're the attorney, so do you school them with the real meaning is? >> eboni: i think some of the people -- we are to give them some credit here. they understand what comes along with some of that. ultimately, they feel very strongly, very passionately about the moral issues. >> harris: do they feel passionate about the issue of sanctuary states?

>> eboni: they feel the alternative isn't something they can get on board with. it >> sandra: megan, here's what eric holder describes. i'm here to serve these gentlemen who are trying to protect the interests of the people of california. >> meghan: is a lot of money. i would certainly be angry if i live in california. i'm a republican. it's a socialist country. that is no joke, i'm not kiddin kidding. california taxpayers will care. they probably think that they are #theresistance. i don't think californians will care. >> harris: i want to ask you a quick question. can the president cancel his order, put it on the table hashtag >> geraldo: i think he is already modified it verbally.

he can take this paper with the executive order and go. he should do that. you have a kindness that is rare among newspeople. >> sandra: more companies facing backlash for supporting president trump and his family. under armour finding them subs in the crosshair after the ceo had something to say about the president. is this getting out of control? we will certainly be back to debate that

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>> hi, heroes. harris. >> jenna: next up, democrats on the hill are having a new war of the words. that ended democrats continue to

stonewall president trump's nominations. we're also awaiting the white house news press briefing. back to you. >> harris: thank you very much, jenna. my apologies, we are always excited to see you. >> eboni: liberals now calling to boycott under armour. >> we have such a pro-business president, something that we should grab this opportunity. he wants to build things and he wants to make bold decisions, and be decisive. i'm a big fan versus think, think, think, think. >> eboni: there we saw ceo kevin plank calling trump a asset.

steph curry said i agree with that description if you remove the et. he's a president, but are we promoting change? are we doing things that are going to look out for everybody? this comes after several retailers sidelined ivanka trumps fashion line citing declining sales. geraldo, you actually have experience on "celebrity apprentice" working with ivanka trump, working with nordstrom's yourself. i'll let you share with the couch what you said and why you said it. >> geraldo: i think nordstrom's stabbed ivanka in the back. i think what they did was really low down and dirty. i was on "celebrity apprentice," those presidents last season of a hit primetime program. one of the tasks was, we had to set up shop to sell ivanka's shoes. nordstrom's is all over it, they were so psyched about being in

business with ivanka. i do not by this excuse that her sales are suffering. they were using ivanka to set up, i think it was the first nordstrom's in manhattan, if i'm not mistaken. she was going to be the anchor of the retail side of it. she's got amazingly great taste. >> sandra: when you look at nordstrom's, macy's was also involved in all this, they are trying to find relevancy at a point which department stores transfers are being questioned for if they should even be around or not. there are in competition with amazon. it's a tough world to be a retailer right now. i think the question goes to whether or not the president should be publicly addressing this and it talking about it. is that fair? >> eboni: a lot of people of been tweeting out and there are nonpolitical's saying look at

what they're doing to his daughter, but look at this level of enthusiasm or energy around russia. why is he being more critical of nordstrom's then russia? >> meghan: these are the things that wake me up in the morning and get me going. that being said, kellyanne conway went on television and to said, i'm paraphrasing, i'm for all of you to buy ivanka trump' trump's. if you're going to have in a administration that is essentially hocking material, than they really are a reality television first family. they are obviously business people, very successful before they came into office. i sent yesterday, i'll say it again. it to be a successful politician is to be controversial. people will follow you around in every facet of your life, including if you're a salesperson. it >> harris: real quickly, i tweeted out today a chunk of the story that's missing is the fact that she and her husband began

divesting themselves from corporations as he was learning that he would take the white house job. i do think you have to report all the facts. the fact that she has divested, it is her name on shoes. cutting myself off too. we are just getting brand-new video now from the white house. remember we've been telling you with regard to the nomination of the supreme court nominee but the president would be meeting with moderate democrats today. here is that. >> a couple of great meetings this morning. there are a lot of problems, but it's going to be good. we just had talks with qatar and a couple of countries, afghanistan, i would say that's a tough situation, but will do something about it. we'll be giving you some

pertinent information. we had good conversations with other world leaders in the last two hours. a lot of things are happening and a lot of calls are being made. i want to start by thinking senator mansion for having the courage to vote for somebody who is really very outstanding. he's really outstanding. as good as i've seen in a long time. nominating the justice to supreme court, a justice has always been considered one of the important things that a president can do. i guess i'm looking very much at defense and negotiating on the contracts with airlines, will but when you get right down to it, the f35 fighters are very important. up but i've always considered it, i a lot of people have, the supreme court nominees to be right up there. we'll take defense number one.

i think senator, we have to go defense of our country number one. right after that, i suspect it's going to be supreme court justices. judge gorsuch is exceptionally qualified nominee. there's rarely been anybody who is more qualified. academic and legal credentials, he went to columbia. it very, very great student. he went to harvard, top of his class peered he went to oxford, great student. great intellect. he is in outstanding on the bench. he is a great writer. he very much respects the constitution. and he will apply the law as written. he's a mainstream judge, very much mainstream i urge you all to confirm him. he's been doing very well, a lot

of people are liking him very much on the other side. i think that because of politics, they're not going to vote for him. i think that's a shame. because as not being honest. i've had a couple people tell me from the other side, they think he's outstanding. that's one of the reasons that our country is in stagnation and the sony different forms and in some way different ways. i think it's very dishonest and i think it's very unfortunate. i think we'll see what happens. i think he is very well. i know that some people are going to come on board, and hopefully we can do this in a very quick and a civil manner. the cabinet, slowly is happening. jeff sessions just got -- we are very happy about that. he is outstanding. it we swore in jeff sessions as attorney general. i think is going to be outstanding. so, i just want to thank you all for being here. we're going to have a good lunch

and we're going to talk about our supreme court nominee and somebody who will do a fantastic job for many years to come. thank you very much. >> you misrepresented his comments, certainly. what you should do is ask senator blumenthal about his vietnam record that did not exist. his misrepresented that, just like he misrepresented judges to be 24. thank you all very much. >> tough words from the president there is a question was shorted from the media who are in the room there that the president was having with moderate members of the democratic party. i want to get your quick thoughts on this. >> i think that was a direct jab, pretty much president trump style, you bring a knife, i will bring a gun. he just really went last on

that. >> you mean figuratively, of course. good to see you, glad you are here. oh, my gosh, my twitter just exploded with your comments on the democratic party. have a great day, everybody, "happening now" starts now. >> jon: we begin with a fox news alert, we are awaiting the daily briefing at the white house with press secretary sean spicer. >> jenna: in the midst of a jampacked schedule at the white house, president signing more executive orders in welcoming his new attorney general. we are covering all of the news "happening now." politicking to the extreme, lawmakers on both sides of the aisle blaming congressional gridlock on the other party's extreme agenda as resident trump tweet out attacks against leaders of both sides. plus... a major snowstorm impacting 40 million people. >> stay indoors and do not get into your car unless you absolutely have to. >> jenna: they chaos it is causing for neighborhoods and airports. it is all "happening now" ."