you today. who knows what we do tomorrow? >> we know the house intelligence kim mitty has been checkup today. >> "happening now" happens right now. >> jon: a fox news alert, we are waiting for a senate showdown over judge neil gorsuc gorsuch's with republicans pushing ahead on a historic rules change and that supreme court standoff. welcome to "happening now" ." i'm jon scott. >> julie: and i'm julie bender, and for jenna lee. with the democrats refusing to budge on their filibuster. that would mean doing away with the 50 votes they needed to confirm a supreme court justice. and changing the rules to require a simple majority. meanwhile on the house side of capitol hill, congressman devin nunes, this breaking today, chairman of the intelligence

committee stepping aside from the investigation into russian meddling during the election. >> jon: all this is president trump repairs to meet with china's president preside. we have oxime coverage and mar-a-lago. >> first on the house side, three republican lawmakers are stepping up to fill the leadership vacuum left by devin nunes as part sure. those three are congress and mike conaway, congressman trey gowdy, and congressman tom rooney who are all going to work together to guide the investigation into russian meddling in the 2016 election. we caught gaudi getting on the elevators this morning. all he would say was have a nice weekend. the reason nunez said he is

stepping down is "several left-wing activist groups outside have filed against me." the office of congressional ethics now says in a statement that the charges against nunes are of the improper handling of classified information. house speaker paul ryan came to the microphones to say that the investigation would be a distraction from the proceedings, but that nunes still has his trust. >> chairman nunes must make sure this is not a distraction to a very important investigation, so he wants to go clear himself while this investigation continues on without any kinds of distractions. >> just minutes after the speaker expressed confidence in nunes, the top democrat on the

committee, adam schiff, stepped out of the intel committees meeting room and told us this. >> i just want to express my appreciation for the chairman decided to do. i'm sure it was a very difficult decision for him, but as he mentioned, i think it is in the best interest of the investigation. >> to other big stories on capitol hill, we saw at the speaker ryan press conference, the g.o.p. leadership standing by standby side -- there won't be a vote on that until after the reset, but it is something for skeptical lawmakers to think about and over on the senate side, we are just a little ways away from senate democrats trying to filibuster the nomination, the confirmation i should say of neil gorsuch to the supreme court, but the senate republican leadership is not expected to stand for that.

they are going to try to lower the threshold to break a filibuster. that will confirm judge gorsuch to the supreme court. we expect to see fireworks on the senate floor today as long-standing precedent is changed. that is the nuclear option and a final confirmation vote tomorrow with only 51 senators needed or 50 senators plus the vice president, mike pence, if there is some kind of surprise or absence that we don't know about yet. >> jon: peter doocy come alive on capitol hill. thank you. for more on the historic change taking place as we await the senate vote on ending debate over the gorsuch nomination. that vote we now understand is underway. let's bring in the political editor for "the washington times." as i mentioned, that vote is underway. it requires 60 votes to end debate, republicans have 52 members, they have four democrats who said they will vote with them.

that doesn't give them enough to end debate and that brings on the so-called nuclear option, do i have that right? >> that's exactly right and that will play out. the nuclear option will play out over a series of four, possibly more votes as they have to basically undo this filled vote they're going through right now, then they'll actually have to trigger the nuclear option and change the president, thus the understanding. then they'll go through and redo the filibuster vote at the new majority level. at that point, that will officially set up the final confirmation vote for tomorrow. >> jon: what is at stake here for both parties? if they make these changes, engineer these changes, they're going to be able to get neil gorsuch age confirmed to the supreme court, but down the road, might they come to regret this? >> absolutely. both sides know that. what's at stake for republicans here is a major victory for donald trump. this is the issue.

the supreme court was the issue that he offered to conservatives during the campaign, vote for me, i'll give you supreme court justices. he is about to make good on that promise, so for them, at this moment right now, this is a big deal. this is also in some ways a victory for chuck schumer, the democratic leader. he's been arguing for mike years, even though gorsuch is about be confirmed, over the long-term schumer going back 12 years arguing the ideology, not just legal credentials should be a big part of these debates. he has now won that fight. democrats have now agreed that ideology matters to the supreme court. schumer has one that brought her fight. >> jon: you can also say that each party loses something. >> senator john mccain yesterday offered the best take on this. he's actually been against the nuclear option both in 2005, he was a part of the group that

headed that off. in 2013, he struck a few deals to head off a nuclear option before democrats went ahead and finally triggered it. he said both parties are going to come to regret this because you lose the impetus to have negotiations, to have both democrats and republicans get together and talk about these nominees. you're going to have more nominees to the far right and the far left because over the president is, as long as he has control of the senate, he'll be able to get that person done on the strength of his party votes alone. i think both parties will eventually come to regret where they are, but given where we've gone over the last 20 years or so, in terms of this debate, it was inevitable that we got here. >> jon: doesn't make the senate a more polarized place? >> it sure does. in the long term, absolutely. i would say what we're looking at here today is a confirmation of how polarized it is.

and the very short-term, you're going to see democrats do a lot of small things to come up the works. they've already been doing that on president trump's cabinet nominations, but expect to see a lot more of that. after the democrats trigger the nuclear option in 2013, use our republicans then basically require the senate to go through all of these procedural hoops, usually they skip past them. republicans made them go through them which dragged out vote on, nominees for days and hours, expect democrats to do something very similar to that, essentially tossing up new hurdles so those senate slowdowns even more. >> jon: i think it's fair to say that if republic and acquiesced to wet republicans -- democrats say they wanted, they said he doesn't have the ideological temperament for a supreme court justice. ever publicans had said, okay, we'll put him on the shelf, we'll get the president to bring in another nominee, i don't think there's anyone on the

presidents list the democrats would have agreed to, absent may be a renomination of merrick garland. >> exactly. we haven't heard anyone suggested who may be acceptable to it the republican majority in the senate and the president. it's unclear there was ever going to be that compromise nominee out there. the one other thing i would add that absolutely overshadows his whole debate is how republicans did treat, merrick garland last year. the fact that he was denied a vote has poisoned the feeling on democrats so much that there is some sentiment -- chuck schumer has actually said this, there's some sentiment that if they withdraw or gorsuch, they woult to another nominee. i don't that's the case, but there was a possibility that gorsuch is going to be the sacrificial lamb and you make it back to normal, we'll never know because by the end of the day, will have gone nuclear.

>> jon: they are tallying the votes right now. again, they need 60 votes to end debate. 60 votes to pass culture here. we do not expect that the senate is going to have the 60 votes and that's going to trigger all sorts of senate parliamentary maneuvering that we suspect will end the so-called nuclear optio option. we may have the votes within the next minute or two go to to toy stomach republicans have the votes, it is believed to put judges gorsuch on the high cour court. there wouldn't be senator mccain voting against him, with their? >> senator mccain said he will support the nuclear option. all 32 republicans have expressed support.

if you asked me two or three weeks ago, i actually thought there would be enough democrats to oppose the filibuster and not have to force republicans to go nuclear. there are a couple things in play here, and particular, little groups have demanded that democrats step up and go for this filibuster. there were some reasons why they might not have wanted to, say their powder for future fights so to say. it was not to waive or support on the republican side, so you have a good argument against them. by fighting this fight now, they essentially give republicans the power to go nuclear -- they give republicans the power to get every single one of president trump's future nominees through on a majority vote as well. that's probably the most important thing out today is that whoever, whatever vacancy it arise, his hands are now free to name whoever he wants with the power of republican votes. >> jon: as you said earlier, democrats may come to rue the

day that they did not allow this vote, this up or down vote to go through. a fascinating times the u.s. senate. thank you, we will continue to monitor the vote and let you know how this vote turns out in the u.s. senate. >> julie: and fox news alert for you. president trump getting set to meet with china's president in florida later today and the stakes cannot be higher. with a looming nuclear crisis on the korean peninsula. trump supporters expecting him to deliver on his promises on trade concession. >> good morning to you. the white house says this is an icebreaker visit kind of a get to know you affair. some thorny issues will be

discussed, one of the things of the top of the agenda is the north korea program and that missile test that they had on tuesday. likely, some sort of a provocation ahead. i'm told by people on the national security council in terms of provocation, it wasn't much of a provocation at all, the missile only flew a portion of its range, about 30 miles and had a failure in flight. if kim jong-un was trying to send a signal, he wasn't sending a very strong signal. the president will lead on president speedily seven -- one of the other big items will be the trade deficit. president trump saying yesterday and again this morning that he is going to try to level the playing field so that he can better protect american workers.

>> it's going to be very interesting. everyone knows we have not been treated fairly on trade for many, many years. no presidents have taken care of at the way they showed and we have a big problem with north korea, we're going to see what happens. >> one of the things they will not be talking about is the presidents thoughts on terror against china. the president yesterday during a press conference, very strident language on syria, clearly, the gas attack yesterday had a huge impact and of the president saying yesterday that it has changed the way he is thinking about al-assad and syria. the regime change in syria was not a huge priority, that may be changing though. here's what the president said this morning on syria. >> i thought it was a terrible

thing. when you see little babies that are dead from gas in a very, very heinous form of gas that very few people have access to, that's bad stuff. that's really bad. >> the president would not tip his hand in response to that. on the devin nunes issue, then no official response from the white house but i'm told it's of no concern to them really. the house has to do with the house has to do and they have full faith that mike conaway will be able to lead a thorough investigation. >> julie: thank you so much. >> jon: new allegations against susan rice. that's next. i picked out my dream car.

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>> jon: a fox news alert, get ready for the nuclear option in the u.s. senate. the culture vote that we've been telling you about is still underway, but already, 41 nay

votes have been cast. that means there is no way for mitch mcconnell and the republicans in the senate to get to 60 votes to end debate on the nomination of neil gorsuch to be a member of the u.s. supreme court. therefore, there is going to be a parliamentary maneuvering. mitch mcconnell is going to be actually changing his vote and ultimately, what will happen is that neil gorsuch's will be confirmed, likely by a majority vote. that has never before happened with the supreme court justice in the u.s. senate. it is a big day. both parties have reasons to regret what's happening, but it's happening. >> julie: fox news alert, one of our top stories about devin nunes now saying he will temporarily step aside from the russian investigation. a california congressman says

several left-wing activists filed actions against him. nunes says the charges are false, but we are now learning the house ethics committee is also investigating allegations nunes may have made unauthorized disclosures of classified information. let's bring in fox news anchor an attorney. first of all, your reaction to him stepping down. he doesn't say it's just temporary. >> my guess is going to be permanent, we just don't know at this point. it's a smart move. you never want to give the other side, meaning democrats and outside critics, a reason to dismiss the future conclusions of the intelligence committee of which you are a chair. he unwittingly gave them reasons. he goes over to the old executive office building to review classified documents and a secure room. nothing wrong with that, in fact, it's quite routine. the problem is he should have brought his counterpart along, adam schiff.

that creates bad optics. it gives the opposition and opportunity to sate your bias, you are impartial. are not impartial. you're a rogue republican trying to help out the president. >> i guess some would argue that his job is to support the president. he went right to the top. he went right to the president. unfortunately, the president started tweeting and that's what started this whole thing. >> again, he should have brought his counterpart along, adam schiff, because the optics are really ugly here and all he is doing is giving ammunition to his opponents. that was an unwitting mistake. >> julie: coming up, we are going to be talking about susan rice. talk about optics, talk about concealing evidence, perhaps unmasking names and whether it was illegal. >> and did she contradict herself? >> julie: her reputation doesn't necessarily look great

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[ upbeat music ] the biggest week in tv is back. [ doorbell rings ] who's that? show me watchathon. xfinity watchathon week! now until april 9. get unlimited access to all of netflix and more, free with xfinity on demand. >> julie: welcome back. president trump accusing his predecessor's national security advisor of committing a crime. when susan rice asked for the names of trump associates swept up in intelligence report. in an editorial on our website, fox news.com, gregg jarrett asks the question, did susan rice break the law? susan rice has an abysmal track record of telling the truth. her remarks tuesday about the unmasking of surveillance may be another example and we are back here. was president trump correct? did she break a crime?

>> if she unmasked them for political reasons, then yes, it's a crime. there's only one reason she would ask for a name and that's of national security interest. what is the document of the surveillance conversation she reviewed shows that there is nothing whatsoever relating to national security or foreign intelligence. what if it's all about politics? then she would have made a false statement and her unmasking request, that's a felony, it's untouchable by five years behind bars. >> julie: what about the leaking of names like michael flynn? clearly a crime. it could have been susan rice. >> i could have, she's one of the individuals who would have had access to it. she absolutely denies it, but will wait and see if we get to the bottom of it. whoever leaked the classified information, that's a felony, five years behind bars. also, there is another felony,

unauthorized disclosure of national security information. that's also a crime and there are two other felony statutes, so there are loads of crimes here that may have been violated. did susan rice do it? we don't know yet. >> julie: thank you very much, we appreciate it. >> jon: right now, russia is still firmly backing the al-assad regime, glenda vladimn -- president trump said the attack in syria crossed many lines for him. nikki haley pointed the finger at russia for enabling syria. >> russia has shielded al-assad from sanctions. if russia has the power in syria that it claims to have, we need to see the music. we need to see them put an end

to these terroristic acts. a >> jon: joining now, lieutenant colonel michael walt's. are there any good options for the white house in syria right now? >> there's a number of options and to take a step back, i'm glad that president trump brought up the 2012 redline. i would add to that that president obama essentially made meaningless, i would add to that in 2015, the u.n. new that the syrian regime had kept its chemical weapons and still, we did nothing. i do think in the short term, we have to do something. we cannot let this stand. one option could be to strike the production sites and that chemical weapons storage of sites that know exist.

as a short-term military option, that's one deterrent for doing this again. importantly, we have to look at the strategic picture in terms of the signal that will send to the rest of the world that president trump is not president obama and we are looking to tie that into the talks were having with china right now, it will also send a powerful message to north korea, that the united states will not let this stand, even if russia will. >> jon: if you were the national security advisor, it would be telling the president that a military responses called for here? >> i think we can have a limited military response, that is, again, a targeted deterrent on the al-assad regime, using chemical weapons and using weapons of mass destruction on innocent people. we cannot, as the world's most powerful military in the most powerful nation, continue as we have the last six years, just to turn a blind eye to those types of atrocities. that's in the short term. and a longer term, there's been

a lot of talk of safe zones to ease the humanitarian crisis. 12 million refugees destabilizing europe. the head of nato, former head of nato, said publicly that russia is using refugees as an asymmetrical weapon to destabilize europe and the united states. they've done more with refugees than divisions of soviet tanks ever did to undermine nato, and then we know isis is trying to infiltrate fighters and those refugee close, so i think of the short term, a strike and the longer-term, safe zones, and then we need to drive al-assad to the bargaining table. as long as he thinks he is winning and getting territory, he's not going to sit down and negotiate. >> jon: it sounds easy, but is it? thank you. >> julie: history in the making on capitol hill. the senate voting for an

unprecedented change and how supreme court nominees are confirmed. there are 41 days on judging al gore search confirmation. this means they have successfully filibustered. at 55 yeas. of course, this will now spark the nuclear option, meaning that the senate will now have on the table to go ahead and override the democrats. this brought by senator harry reid, the democrat, and now that decision, made by harry reid, a democrat many years ago, now coming back and hunting democrats as they try to prevent neil gorsuch from being seated on the court. we'll have much more on that. also, a disturbing prediction about when north korea could have a nuclear missile capable of hitting the u.s. mainland. >> that's right, we'll have new information about when a nuclear tip icbm might be in the arsenal of north korea.

that's coming here from south korea, south of the dmz

>> jon: a fox news alert. at the procedural vote to end debate on the nomination of the al gore search to sit on the supreme court has failed. that means get ready for the so-called nuclear option. the vote was 55-45. four democrats voted to end

debate. they are gorsuchs -- 51 of the republicans also joined and debate, but you notice, there are 52 republicans and the senate, that's because the majority leader, mitch mcconnell, switched his vote at the last minute so that he could vote with the winning side. that gives him the parliamentary option to ask for a revote essentially and that is what triggers the nuclear option. all a little arcane and strange and has never been done before in the senate. it's also never been done, the democrats or either party has filibustered the supreme court nominee, at least for a nominated justice. anyway, big changes ahead in the u.s. senate. we will continue to keep you updated. it is expected that the 360 nomination will be voted on and in all likelihood, approved

sometime tomorrow night. also this fox news alert on north korea. the former south korean prime minister predicting that north korea will have an enter and continental ballistic kibble of hitting the u.s. mainland by the end of president trump's first term. this comes as president trump is about to meet with the president of china with north korea topping the agenda. there could be some devastating consequences of using a military option against the north because it some 28,000 u.s. troops and civilians live just south of the militarized zone. an attack on the north would put them in harm's way. greg pack off live in seoul, south korea, . >> the meeting between president trump and the chinese president xi is being watched very closely. there are a few places that are closer to the threat. in fact, just in this region a letter on city of seoul, thereot

includes u.s. troops and american civilians who are within artillery range of north korea. that's not including those missiles. the intermediate range missile, which was tested this week off the eastern coast of north korea, that could not travel too far according to the experts, but it traveled enough to send a message also according to the experts to those involved in the summit. the regime still very much in business. we met today with former south korean former prime minister. he confirmed what others have been claiming, that north korea could have a nuclear tip, icbm, ready to hit the mainland of the united states by the end of president trump's first term in office. that is 2020. here's more of that back and forth. how dangerous is north korea now? >> north korea is dangerous, certainly for south korea to the

region as a whole and at the same time, to the united states. it's becoming more and more dangerous to the rest of the world. >> china is arguably the only ally left for north korea. that ex officio was skeptical that any definitive word come come out of the summit, but he's hopeful that tougher sanctions involving china could evolve from other talks. for him and many here, the military option just as a nonstarter. remember, the trump administration has not moved. they say death and destruction on both sides would be -- many folks here say that the wild card in this summit is not the president of china, is not kim jong-un, it is in fact, president trump. he is the new kid on this

potentially deadly block. we'll see if he stirs anything up. >> jon: tough times on the peninsula they are, where you are. greg, thank you. >> julie: new information on a case we have closely followed here on happening now with jury selection in the trial of a man charged with murder. here's a timeline to remind you of this heinous crime. on april 13th, 2011, 20-year-old missing student holly was kidnapped from her home in tennessee. on march 5th, 2014, authorities announced a man named zachary allen was indicted on charges of aggravated kidnapping and felony first degree murder. on april 29th, 2014, a second man, jason was indicted in connection with the murder. but on september 7th that same year, or partial remains were found in a wooded area. about 9 miles from her home. ten days later on some timber 17th, john dylan adams, zachary

adams' brother is charged with tampering with evidence, but those charges are later dropped. then on october 14th, 2014, john dylan adams was indicted on two counts must be 24. opening arguments are scheduled for july 10th. joining us now, defense attorneys. thank you for talking to us. what a comp located case. 200 potential jurors are being summoned to the courthouse. >> it's going to be difficult to select a jury, i have to tell you, even under normal circumstances, it's hard to find people who can serve on a jury of for 2 weeks. you can imagine how to draw a lot of going on in your life for two weeks. then you attack that the media coverage has been so expensive.

a lot of people in that area of the country have very strong opinions, then you have to narrow it down further to people who are counsel and a penalty case. is going to be extremely difficult to find a jury but it's something you have to do. >> julie: is entered in about this case of the timeline. even though holly bobo's remains weren't discovered until six months later, does that explain the mountains of evidence? >> the problem with this case as the prosecutors, unlike most cases have missed deadlines, they dropped charges, they changed charges, even in house fighting between the offices. this has been a disaster. that being said, now we are hearing that zach has been essentially indicted on the confession of his brother who doesn't know how to tell time. we don't know what's going on and we've been really left in the dark. at the media has been trying to learn information about the prosecution, but it's been

really quiet. we don't know what's going to come out during this trial. >> julie: that is all the time we have, we apologize. joe meant, you very much. >> jon: biggest case in the tennessee bureau of investigation. as pressure mounts for susan rice to testify about her role, our next guest says president obama's national security advisor has become an inkblot test and a highly partisan battle. plus, breaking news on capitol hill as house intelligence chairman devin nunes steps aside from the russian probe. what is the investigation go from here?

>> jon: a fox news alert from capitol hill warehouse intelligence committee chairman devin nunes has temporarily stepped aside from the russia investigation. the california congressman says several left-wing activist groups of filed accusations

against him with the office of congressional ethics. nunes says the charges are false, but we are now learning the house ethics committee is also investigating allegations that nunes may have made unauthorized disclosures of classified information. let's talk about it with peter baker, chief white house correspondent. lots of things swirling on capitol hill, and they sort of interconnect. nunes is a stepping down, partisan groups are saying he cannot conduct a fair investigation into russian meddling in u.s. elections, if it happened. he's a saying he will step aside temporarily, wildly temporarily? >> i think he thinks he can dispense these allegations and perhaps return to the investigation. he has not stepped down as chairman of the intelligence committee and he'll continue to fulfill his other functions, but this particular investigation

he's going to step away from while he addresses the response of these allegations. as one of these cases where the investigation continues to tug on so many different people in so me different places. the trial by president trump, his people, susan rice, obviously now chairman nunes, it's been a real wrecking ball through washington. >> jon: republicans are saying that susan rice, because she has received a fair amount of bad press in recent days, but there was a attempt to change this topic, change the headlines by bringing these charges against congressman nunes. your thoughts? >> any time anything happens in washington these days, it's somebody trying to distract from something else. it's a little crazy, it's like saying we're going to point to the hurricanes to distract from the earthquake. any time we open our eyes in washington, something rather

extraordinary is happening. whether distractions can in fact work or not, this will continue to be a story, it will continue to be a story about president trump, devin nunes, susan rice. >> jon: it will continue to be a story. it you've written extensively about susan rice. we have to take a short break, if you'd be kind enough to stay with us what was i thinking? ok, mr. jones... we're all done. i told you it was easy. with life line screening, getting screened for unknown health conditions is so quick, painless and affordable, you'll wonder why you hadn't done it before. so if you're over age 50, call now and schedule an appointment near you. for just $149- a savings of over 50%- you'll receive a package of five screenings that go beyond your doctor's annual check-up.

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because the time to think about tomorrow...is today. go long. >> julie: welcome back. let's check out what's ahead on "outnumbered" ." >> harris: another big news day. the senate is making history any moment now by triggering the nuclear option on supreme court nominee neil gorsuch.

what's all this mean for how the senate works in the future and how will this affect next year's midterm election? >> meghan: plus devin nunes temporarily stepping down from the russian probe amid ethics complaints, he blames the left-wing groups. could this be a court in an effort to distract from the susan rice unmasking scandal? >> harris: we are ready to go. #oneluckyguy, direct from fox and friends, brian kilmeade is in the house. >> julie: see you guys. >> jon: the culture vote has failed in the u.s. senate. it democrats have for the first time ever successfully filibustered the nomination of a judge to sit on the united states supreme court. there was a filibuster some years ago, but he was already a sitting justice and there is a filibuster of his ascension to chief justice role. history being made and all kinds of ways in the u.s. senate right

now. the vote was 55-45. 55 democrats voted against ending debate, that means debate continues, except they have now given mitch mcconnell, the majority leader, power to override that vote and to subject it to a simple majority vote. he is following the pattern that harry reid established back in 2013. he ended -- he invoked the so-called nuclear option for federal appointees. it looks like they will be arguing about this back and forth in the senate for some time, possibly into next week, although we are told that mcconnell may find a way to get an up or down majority vote on neil gorsuch's nomination by sometime tomorrow evening. that would send neil gorsuch to the supreme court as early as this weekend. the denver judge -- the denver appeal judge did get the support

of his home state democratic senator, michael bennett and three other democratic senators, but all other democrats in the senate voted against him. these are polarized times in the u.s. senate right now and this is a pretty good example. >> julie: it's interesting because charles schumer, democrat from new york, he has been so vocal against this from the very beginning. when gorsuch was still being talked about as one of the names, he was nominated and many believed the democrats would support this man. he was nonpartisan, excellent background, smart education, good middle ground on many legal cases and didn't like to get politically involved in a lot of his judgments. of course, when he was being drilled through those hearings and he didn't answer a lot of those questions, a lot of people, a lot of democrats had a problem with that because they thought he should not be so tight-lipped.

if he did, had he actually invoked any kind of personal belief, he could be compromised as a judge. chuck schumer now is trying to delay this vote. it's almost like postponing the inevitable. >> jon: exactly. if you want any indication that chuck schumer would dump the work, he has proposed that a revote on this failed culture vote, the one that republican's essentially lost, he wants to postpone the revote until monda monday. that is not going to happen. the republicans have the votes to shoot it down and that sets up the likely confirmation of judge neil gorsuch to the u.s. supreme court sometime tomorrow evening or maybe tomorrow night. almost certainly now, using simple majority vote in a way that has never been done before in the u.s. senate, neil gorsuch will become a supreme court justice. confusing times, we'll do our

best to keep you updated on what's going on in the senate, but the senate works in its own mysterious ways. back with more in just a moment.

>> julie: we will see you back here and one hour. >> jon: "outnumbered" starts right now. >> harris: we are near zero hour and that means the republicans are ready to pull the trigger on the nuclear option. this sets into motion a showdown that some critics are saying could fundamentally change how congress does business for years to come. we are purged to watch the history being made right here. this is outnumbered. i'm harris faulkner. here today, here and make -- meghan mccain, melissa francis melissa francis, marie harf, and today's #oneluckyguy, with