>> jon: we are back in an hour, "outnumbered" starts now. >> julie: see you then. >> fox news alert, the push to repeal obamacare is in the senate right now. it could face an uphill battle, paul ryan defending their efforts on health care, calling it a rescue mission. you are watching "outnumbered," i am harris faulkner, meghan mccain, host on kennedy, deputy state department spokesperson under president obama, and today's #oneluckyguy, judicial analyst, smiling face, judge andrew napolitano, he is here, outnumber, and he is happy. >> is a pleasure to be here, thank you. >> we have a lot sitting right into what you do today. we are going to get some free

legal device. let's get to the news. the white house hers touting their health care bill as a move to the senate, some republicans vowed to start from scratch. speaker of the house paul ryan says that obamacare is collapsing, that the house bill is about lawmakers their promises. watch. >> this is a rescue mission to make sure that we can achieve the goals that we all want. that is getting the cost of coverage down and making sure that everybody has access to a portal for health care, especially and including people with pre-existing conditions. that is what the bill does. >> mike emanuel joins us now live from capitol hill. hello. >> top white house officials have been out in force trying to talk about health care reform in this country, trying to reassure the american people. and they insist that president trump will take care of people who have pre-existing conditions. >> nobody wants folks who have a pre-existing illness or injury not to be covered.

we want to make certain that we can do it at a lower price and broader choices for patients so that again they are able to see the doctor that they want to see, they are able to go to the hospital that they want to go to. >> obamacare give you insurance, but not health care. a lot of folks that were technically insured, they could not afford the premiums or the co-pay, that is what we have been driving at. giving people the care that they want, the quality that they need. the affordability that they deserve. >> senate majority mitch mcconnell has a health care working group made up of leadership. moderates coming and conservatives all seeing if they can come up with consensus among republicans about the future of health care in this country. senators are talking about coming up with a whole new fresh approach, but not clear of democrats play a role. >> i would hope so. it is really important. obamacare premiums continue to climb. insurers keep pulling out of markets. i would love to have some cooperation from the democratic party, but so far they have not

cooperated at all. because it is important. whether it is so blue state or red state, the insurance markets are escalating and cost, sometimes imploding. so we would like to get it done this year. if the other side decides not to help, it makes it harder. >> i just want to work, sit down, get something done. nobody has asked us. i understand we have 13 republican senators working on revamping the bill. the congressional delegation said, don't worry, the senate will fix it, nobody has asked any democrat. >> top house republicans are saying that they have no problem with this and it writes its own bill, they can go to conference if the senate passes something and work out the differences. when you have senators talking about starting from scratch, that suggest that this is going to be a time-consuming endeavor. >> absolutely, thank you very much. starting from scratch, not what we want to do with most of the recipes in our household with kids. we like to have a mix. >> the reason this started in the house was because the supreme court categorized obamacare as a tax.

and the constitution requires that all tax bills originate in the house rather than in the senate. >> is that a good thing? for this particular -- >> i don't know if it is a good thing or a bad thing, because the senate is going to write its own bill. but both of the bills, the one that the house passed, and the one that the senate probably will pass, in my view it has an unconstitutional premise. that is the view that somehow it is the power of the federal government to micromanage health care, and the obligation of the federal government to make sure that everybody has health care. >> it has become a right. >> and the ability to acquire health care, all of those three premises were in obamacare, and they are in the house bill. they will probably be in the senate bill. >> so the way that some republicans are reacting to this on the senate side, kennedy, if this was nothing likable in the particular bill, are they right or wrong? >> it is interesting, without the chasm was between from certain members of the

republican party within the house. but we are going to see quite a divide between the two houses. between the house and senate, and the senate has been watching the process. they feel like there is so much that the house has gone wrong, particularly failing to secure the votes for the passage. in the first place. so now they look at this, they see that it is deeply, deeply problematic. nobody wants ownership of the bill, and for them that is a mandate to go back and scrap it. unfortunately, for those of us who are on the side of liberty and the free market, it does not appear that they are going to be scrapping it and allowing the free market to really get its hands on health care. >> that is interesting. because what we had been told by some of the republican party was once we get to phase two, you will see that across state market. >> that's supposed to be stage three. >> we have to get through pays 21st. right, okay? so i want to ask again about

what if anything this got through right, because the president was excited about the fact that he was able to get past the hump. >> it was very uncomfortable on friday with the rose garden media blitz that happen, because i think i confused people that may be don't know that much about the government that this was locked and loaded, done. it was a giant success, and i am very superstitious when it comes to things politically related. it reminded me of george george w. bush banner behind him. >> that's a great comparison. >> the thing that is happening in congress is going to happen in the senate, adding the extra benefit of democratic hysteria. it's far from over. i was deeply disappointed when i did not go through the first time in congress, but i still have a lot of concern that it is not going to happen. >> i usually have a democratic question for you, but i want you to turn your head around a neutral reality today. >> you her to pretend she is dead republican? >> just not be a democrat for a

second. because i think it is interesting to seeing what you have amongst democrats right now. do some more conservative democrats who might be on board with some of what is being talked about potentially in the senate bill. gets politics are going to hold them back. we saw something similar with the freedom caucus members, they got over it, moved on. now we are seeing the moderates are among republicans in the senate too. what advice would you give republicans at this point? >> the senate is going to take some time. you heard joe mansion say that if people reached out to us, he is one of the moderate democrats. if people from the republican side reached out to senators coming he would help get a better bill in the senate. what is so interesting to me is that countless experts have come out and said this bill is going to drive up costs and mean less coverage for the elderly, poor, people with pre-existing conditions. it seems like the house republicans in the trump administration are betting that all of the experts are wrong.

they are saying, just trust us. because the question is right, how much should government due on health care? the republican house has kicked that down the road because they see the politics. now that people have the coverage, hard to take something away. but it seems like the trump administration is betting that all of the experts are wrong. that all of the dire predictions -- >> just like nancy pelosi did with the original obamacare. that was the big structural mistake that you would think republicans would learn from. it's that sort of opacity, not only bad for the legislation itself -- >> it is bad for average americans. and i hate to turn to this, but politically heading into 2018, this is tough. >> a year and a half away, we are already talking about it. >> i could not agree with maria moore, she will not like this word, but one of the more insidious things that obamacare did was spread throughout the land, all across the government that the idea that it is government's right to micromanage and government's

duty to make health care affordable. neither of those is in the constitution. neither of those has been endorsed by the supreme court. those are political reality is, once you give a class of people a benefit from the government, it is almost impossible to take that benefit back without catastrophic political consequences. >> it is an invasive weed that is designed to fail. it designed to fail to put us on the road to single-payer pay. >> one thing that the obama administration did was that they tied it to another agency with the irs. what republicans have tried to do, especially paul ryan and his plan, we saw with rand paul as well, take it away from the ira, maybe put it back in the hands of the insurance companies. difficult to take it away from the people, difficult to take it away from the governmental agency, it will be hard. i want to lay this out and then get your response to it. the president is now adding extra pressure, as if the senators did not feel enough. republican senators will let the american people down, he said in

a tweet. obamacare premiums and deductibles are way up, it was a lie, it is dead. that's what kennedy was saying. >> can i interject really quick? a really interesting piece where she is talking about her experience with obamacare, she is a person that democrats say do not exist. her premiums are at $3000. in this piece that she wrote, and for everyone to google it. but she is talking about how it is expected at $3000 a month from the perspective of democrats for somebody like her, affordable. she has two young children, also a widow. i do not speak for her, it is an incredible piece. a lot of stories where we are talking about 2018, republicans have to start putting stories like this, the huge failures of obamacare with people like mary catherine. because there are hundreds of thousands, if not more stories like this. bye for some reason the media focuses on only the stories of people that will be benefited. >> but here's a question whether

the president can get something out of the senate as quickly as he could out of the house, but the answer is no. the senate is smaller, insurance and claimed to resist, the republicans only have a two vote majority. i don't think that which mcconnell has control the senate the way that paul ryan dated for a while over the house. >> really quickly before we move on, i want to talk about the six, seven members that are moderates and republicans, you have the one who does not like the medicaid portion coming out ted cruz, rand paul who just want to see a complete repeal, let's start from scratch. your thoughts. >> that will force the senate to cobble together a compromise that will either be rejected by the house moderates or the freedom caucus, the same clinic small government people in the house. i expect it will be compromised by that group, then we are back to square one. so the white house, the republican leaders doing this just super misleading bragging rights?

or because they really do think that they can make health care less expensive by taking the government out of it? >> if this does not work, for some reason that fails, that photo ops is going to be branded on the trump administration for the entire term. >> you can bet that the town hall meetings has started this weekend, we have fox report on it, they are going to be fiery hot, republicans and democrats will get an earful. president trump's travel ban is back in the court, what we can expect when an appeals court picks up the president's revised order for the first time. how likely is it that this ends before the u.s. supreme court? cracking down on sanctuary cities. the state that became the first to ban them. yes, a bill on the table for that. the governor-like state. while others follow suit? ♪ ♪ the sun'll come out tomorrow... ♪ for people with heart failure, tomorrow is not a given.

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the shlike a bald penguin. how do i look? [ laughing ] show me the billboard music awards. show me top artist. show me the top hot 100 artist. they give awards for being hot and 100 years old? we'll take 2! [ laughing ] xfinity x1 gives you exclusive access to the best of the billboard music awards just by using your voice. the billboard music awards. sunday, may 21st eight seven central only on abc. >> fox news alert, the justice department heading back to court this afternoon, urging there were approval of the travel ban, making the case has come of the first circuit court and burgeoning, and at the first such hearings on the revised executive order. this is after a federal judge blocking a key portion of it,

calling it unconstitutional based on remarks that the president made during the campaign. today's hearing is the first of two appeals being heard this month. the three-judge panel on the ninth circuit appeal will hear several claims from the case out of hawaii. i'm so glad that you are here, you told me during the break that you or break this down for me. please explain. >> we have two judges, one in maryland, one in hawaii, each received a complaint that the revised travel ban was unconstitutional. the one in maryland held the unconstitutional, the one that bans refugees, the one in hawaii held the whole thing unconstitutional. the justice department appealed both of these decisions. one of them will be argued this afternoon, the maryland court is being appealed to the federal appeals court sitting in richmond, virginia. usually it goes to a panel of three judges. this court decided that every judge on the courts will hear it. this saves the step of going from three judges to the full court.

that whole argument is fair, there will be broadcast live at 2:30 eastern this afternoon. anybody who knows how to find its can listen to it. a week from today, the panel of three judges in the ninth circuit court of appeals all of whom were appointed by president bill clinton will be hearing the appeal from the hawaii judge. if these two courts agree whether they say yes or no, what happens to these cases? they go back to the trial courts for the trials. there have been no trials. just preliminary decisions made by judges based upon documents and oral argument from lawyers, that is a prediction as to how the case will end up. but a real case requires trials and testimony and challenging the testimony. >> how long can they take? are we talking like oj time? >> that is a great question. if the two appeals courts disagree, one upholds the band, one stops the band, the supreme court will be forced to

get involved, because when the courts disagree, you cannot have federal law meaning different things in different parts of the country. >> is and that what the president once, the travel ban's going to the supreme court? >> yes, but not to trial. if these two trials are held in maryland and hawaii, the results are repealed, and to the supreme court, i don't know that it gets the supreme court to during donald trump's term in office. that's how long the process will take. >> i have been reading that you still have some obama appointees along that r far as the judges are concerned. so that starts to complicate things for the president. let's say that it does get to the u.s. supreme court, you have a new member with neil gorsuch. i don't know what we know about his past or the configuration of the courts, how do you think the travel ban would do? >> i do not know the answer. i read during the proceedings, a lot of milk or sisters worth, his opinion on euthanasia, not an opinion on immigration.

it did not affect his court, so i do not know which way he will go. >> what about the judge in hawaii who took such burns with some of president trump's campaign language? >> that is a great question. if the judge in maryland and hawaii did not challenge his use of authority under a statute. they challenge his motivation. both of them said, i'm going to use their phrase. this is a muslim man. it is not based on national security, based on religion. if that is true, if the courts uphold that. that raises the bar so high that it will be nearly impossible for the government to jump over it. in order to come to the characterization, they did not say anything that donald trump said as president trump, he took it as canada and trump, something i have never seen the courts due to a president before. >> everybody says it is trump being trumped, turns out it has consequences. he sees it now.

>> it is unfair to them, i think to impose the words of candidate trump, whoever it might be on president trump, because you say things in the fire of the campaign, you don't necessarily mean. >> that is very different and policy order. >> i know what president obama did for six months in 2011 by putting a slow down on certain visas, also had 6 of 7 countries, he heads have been the second executive order dealing with six muslim countries, why does that not get talked about? >> i do not know the answer to that. i will tell you that judges are trained to resolve disputes. this is good law. this is bad law. under the narrowest of issues, not the broadest. once they find that it is bad law, they are going to stop their analysis. >> i could watch a live feed about your talking about the subject all day long. i love it. >> what are we doing at 2:30? listening to the oral argument. >> we have to move on. another great topic, texas has

become the first state banning sanctuary cities. governor greg abbott signed a bill yesterday that allows local officials to inquire about the immigration status of anyone they did attain, threatens sheriffs and police chiefs with removal from office if they do not work with the federal immigration authorities. here is governor's fee 15 earlier today. >> what is is going to do is allow cooperation between enforcement and officials so that we ensure that everybody is going to be following the law. now think about this, isn't this insane that we have to pass a law to force law enforcement officers to comply with the law? >> critics argue that the law will make communities less safe. >> when people are afraid to call 911, when they are afraid to cooperate and tell us what they have seen because they themselves are worried that their papers are not going to be in order, it makes our job exponentially tougher. that makes everyone less safe. when passing this law, i believe

that texas republicans have put politics over public safely. >> judge coming you are a man of the law, what do you make of this? >> a sanctuary city is not a term of art and the law, but it means a city that does the following. they are releasing somebody from jail because they observe their jail time, letting somebody out of the courthouse because there trial is over, and to the feds say, would you hold that person until we get there because we are pretty sure that they are an undocumented alien? when the cities do that, it's cost money, cost jail time, cost food, cost of the overtime of guards. when they do it on their own, they are not a sanctuary city. when they say that we are not going to spend this money, you can house them, they are a sanctuary city. so the statute does three thing things. it says that texas law enforcement when the feds come knocking, you will hold these people add to your expense until the feds get there. can the texas legislature do

that to texas law enforcement? of course it can. there are parts of texas law enforcement which are popularly elected, not some into the legislation. can they do this to elected sheriffs? that is a surgeon for the texas courts to decide. the third part says to all law enforcement, whenever you stop anybody for anything, bank robbery, jaywalking, you can ask them their immigration status. the same statute which arizona enacted five years ago. that is the same argument that texas judge that we just saw. if people are afraid to report a crime or use law enforcement per fear that they will be deported as a result of that crime would be more prevalent. >> can i ask you a quick question, what about applying federalism to the immigration policy and allowing different states to have perhaps a different threshold? >> that is the beauty of reagan statement when he said you ought to be able to vote with your

feet. if you do not like the law in texas, moved to oklahoma. moved to new jersey. you cannot do that with federal law. it is supposed to mean the same thing everywhere. but you can do it with the level of state cooperation with the feds. where is here in new york, zero cooperation between the states in the feds, in texas it's going to be closer to 99%. >> one is really important, the fact that there are no sanctuary cities as designated as such in the state of texas. we call them sanctuary cities, but whenever we get the information, they come back as jurisdictions that follow as such. those three things that you said. >> sanctuary cities is a phrase that we in the media use, it is not a legal phrase. >> it is a catchall, austin has already begun to set precedent by saying, we don't want to do these things. to spend our own money at a retention request. >> she is going to say to

governor greg abbott. i've known them for a long time. he is a great guy. i understand his heart. but she is going to say to them coming you want us to spend money to house hetero prisoners? you reimburse us. if that might be a way to cushion the blow. this is an issue of china and possibly elected holders figure out how to spend their tax dollars. >> indeed they should. urging lawmakers to put it aside and show courage by saving the affordable care act, will's comments have an impact after mr. obama famously refused to negotiate with republicans in office. we debate next. ♪ you feel like you're a part of the family. i love that i can pass the membership to my children. we're the williams family, and we're usaa members for life.

♪ >> welcome back to "outnumbered." former president obama making his first -- [laughter] >> i don't even know what was

said, i know it was funny. >> former president making his first comments as the house to vote repealing obamacare. while excepting a profile in courage award at the jfk library in boston. mr. obama calling on congress to show courage, put politics aside to save the affordable care act. watch. >> i hope that current members of congress recalled that it actually does not take a lot of courage to aid those who are already powerful. already comfortable, already influential, but it does require some courage to champion the vulnerable. and the sick. and the infirm, i understand -- hope they understand that courage means not simply doing what is politically expedient, but doing what they believe deep in their hearts is right. >> kennedy. >> obviously was not very courageous at all of

president obama campaigning for hillary clinton, because she was already powerful and comfortable according to his logic. bernie sanders was very vulnerable to the courageous, and would have been the campaign for bernie, but he did not put the support there. that's exactly what he is saying. to that is a logic he applying to this. also telling republicans to sacrifice their own careers to salvage his legacy. >> no, let's take a back a step. i know how people feel about president obama. i work for him, i watched that speech last night. >> you had a tear in your eye. >> i miss having a president who can put together complete sentences, even if you disagree with it. >> you don't think that president trump completes his sentences? >> that is beneath you. >> i want to hear your thoughts on what he said. >> forgetting whether or not you like obamacare, public servants being elected to do what is right and not what feels good politically, the reason that the

republican house got it so quickly, different politics in the senate, going to slow it down and tried to get it right or better come up forget what you think about president obama, he did not mention president trump, he has been very quiet, he did not mention him directly. >> what a hero. >> come on, kennedy. for a second. lemme get this out. he is trying to give him some room to govern where he does not have to. and he clearly has strong opinions, but i do think that he is giving him a little bit of room. he also is a public servant, he has every right to stand up for what he believes. >> he is not giving him room. he needs to allow the country to heal from one administration to the next. he needs to go into a shed in the woods and to learn how to oil paint like george w. bush. >> boat he was not giving the current president room in january on the heels of leaving the white house, he said about the signature legislation that he is fighting for now with what

he is calling his second act, if not a second career, was a giving him room by telling his own party, don't rescue the republicans on this? that is not giving anybody room. data's growing shade in epic proportion. >> president trump since that time has called obama some really awful things. everybody has taken advantage of everybody. president obama is trying to find a balance between speaking out when he believes in something and giving the administration some room. >> lemme get in here, the idea that it is all touristic and courageous when david n is giving you this hope this award. >> david letterman was there. david letterman physically handed it to him. >> i watched it, . >> give me a break that this is all touristic, this is about the legacy unraveling. it is manipulating the american public. i referenced mary catherine hammer earlier, and being

charged $30,000 in premium. a lot of people have been hurt by obamacare. that we are also courageous, if you repeal it, you're a big bad republican. that is the most manipulation. i know politics when i see it -- >> i think he believes it is a good policy. >> you think he believes that, why did he try to change it 30 times? >> he repeatedly said, we need to tweak it. >> tweak it? >> let me tell you this, obamacare was tanking in october. that's why donald trump became president. thanks in large part to jonathan gruber, the architect of obamacare who had this to say to chris wallace. >> who's fault is this? before president trump was elected, no counties in america that did not have an insurer. since president trump has been elected, and massive -- >> wait a minute, you're going to frames the problems of obamacare on president trump? >> we had a situation where there was at one time premium

increase that made up for the fact that insurance were underpriced in the first two years. then you have a president that comes in and undercuts open enrollment, does not honor the obligations that the law makes. >> i want to know from you, judge, was it courageous when that man, jonathan gruber credited the quote stupidity of the american people for passing obamacare? >> no, i do not think that is courageous. i don't understand why president obama said last night. he must've been aimed at the democratic base, because no republicans are going to accept be courageous and support obamacare. i think he was trying to ramp up nancy pelosi, or chuck schumer and company. >> i do not think he was trying to change republican votes on this. he was reminding people that of any party, you have to take votes that are tough because you know that they are right. barack obama in his heart believes that the concept of obamacare, while not perfect is that better policy than the new bill. >> but he really wants

single-payer. >> you know what the irony is, in the present course, obamacare has not fallen apart yet? >> exactly. he still intact. >> but last night was about legacy. >> the proof is in the pudding, if this was such a success, hillary would be president right now, and she is not. >> she hitched her wagon to that story, it is emotional, family, and if obamacare fails, no band-aid, then we will either have a free market system, the united states is based on freedom, or the single-payer system, that is north korea. we will see. or europe, more than a dozen senators calling for answers about the prisoner exchange with administration hide just how bad the guys that they let off the hook really are? if so, will they sell the iran nuclear deal to the public? we debate, that is next. ♪

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♪ >> what was in the iran deal? more than a dozen senators are demanding a man emerge -- information on the prisoner exchange with iran, they write in part, we are concerned that president obama answer in previous officials suppress the seriousness of the charges against these individuals in order to garner public support for the nuclear deal with iran, and we feel that these individuals may pose a threat to the national security of the united states. these four americans released in january '16 as a part of this exchange. as it was lifted $400 million in cold hard cash. do you remember? cash. the house oversight committee says that it is investigating whether the obama administration jeopardized security when trying to gain support for the iran nuke deal and the prisoner swap, you are not a nodding, what is going on in your head?

>> there is a person on the couch who may have some first-hand knowledge of this, but if i were her lawyer, i would say, they are going to kill me. you have the right to remain silent. >> you are a journalist, you can ask her whatever you want. >> ordinance inside the nuclear deal, that was finished in july 2016, the prisoner swap was not linked. that was done months before the prisoner swap happen. here is what i would say about the story, there were a lot of anonymous sources and accusations, i was there at that time. i was part of this. i helped to tell the public what we had done. if the administration, the entire national security team including fbi, doj agreed that the deal was the best, the best swap was the way to get the americans home with the family is printed out as been the goal for years since i have been taken. they were not getting treated well and the iranian prison. we wanted them home. i'm happy for them to be looking into the names of the iranians, a lot of them were dual

citizens, charges were either dropped because not either of them had been convicted in yet. about half had not been. or the ones where they were pardoned. >> the people that we sent back -- >> most of them did not go back. >> can they still harm us? that is the fear. >> that is severe. i understand the fear. the national securities team judgment who looked at this was that they were not a significant threat. that it was more important to get the four home. >> can i ask you a quick question, what do you think was a worse swap, the iranian prisoner or the burg doll deal? >> they are very different? >> which is worse? >> i think the iran prisoner swap that i was a part of that team -- >> so that makes it right? >> no, i know better was a deal that was good for us because we got these americans home, we made judgment that these guys had not been convicted, the

justice department was not sure that they should be. and they came in with a huge list of people. and we managed to negotiate down where we thought that getting the four americans who were languishing in american prison, that is how it works. >> the white house correspondent last year. >> he is amazing. >> the efficacy of getting them home was what we were focused on, right? i get that, but i want to go back to what you said, the timing. these things were not to linked? how is that even implausible. how is it possible when there were side deals to the iran deal that to the american public and some members of congress said that they don't know about, how is it possible that we are supposed to just suspend all disbelief and think, oh, timing is just coincidental? i don't believe in coincidences. how is it possible? was that in a side deal? >> prisoner negotiations were done in large part by a totally different team then the nuclear

experts. i was airport. i witnessed all of this. the nuclear deal was done in july of 2015. then people started implementing it. the prisoner discussions have been going on since they were targeting early next taken. for months and months and months. >> it is not about disagreeing. >> i'm sorry, but -- >> susan rising that he was honored with distinction, that was a total lie. >> it is similar. >> we are talking about of the judgment though. >> there is a feeling from the american public, the obama administration from lying about the rise of isis and the seriousness to people like bergahl, intentionally playing down the seriousness of trades like this for political expediency, you consider on the couch and say that we did x, y, z, no relationship, but people like me support trump because i do not believe that he would've traded people for somebody like bergahl, and i support that. >> they would be sitting in iranian prison today. >> i just can't.

president obama made this country completely left base. i'm getting laid out. >> i got an epa. >> the rose garden after their replacement bill, and wondering on that parade, keep harping, and i quote here, two male, too wide. don't worry, the mainstream media is doing just that. but to what end? we will talk about it ♪ ♪ fun in art class. come close, come close. i like that. [ music stops suddenly ] ah. when your pain reliever stops working, your whole day stops. awww. try this. for minor arthritis pain, only aleve can stop pain

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♪ >> nbc's andrea mitchell, critical of the rose garden after the house passed to the obamacare replacement bill, she slammed it as too male, too white. tom price not having it. >> look at that picture, congressman diane black, i was standing next to her. they administrator of cns, i was standing next to her. >> a loop of dozens and dozens people, you can cite a two or

three women? >> these are prominent individuals who are leading in this area of health care. >> and when you look at an uncapped photo of the event, you can see several women in it, including those in leadership roles who he mentioned. and the gender politicking does not stop there. senator dianne feinstein not happy about the working group who will craft their version of the health care bill. >> i do not know what the 13 white men when you have five republican women who are excluded from that, these 13 men are supposed to sit down. >> you are speaking of the working group? and it is all-male? >> it is all-male, and women's health is a big part of this. women are majority of the population. and to their health interest deserves to be contemplated in any reform. >> of the side, susan collins co-authoring a health care bill with senator bill cassidy. kennedy, i think that i have

done a lot of politics for a long time, the first thing you look out for his objects, you live in a visual media world. there are these female republican senators who are involved in the bill. somebody advance come up with them front and center behind president trump, why did that not happen? >> i agree with you here. i really don't like to agree with dianne feinstein on much, because she has done so much to taint the great state of california in collusion with the california democratic party. it is awful. but i will say this, many more opportunities. i think this was a premature celebration. and i actually agree with marie, in fact if republicans tank in the 2015 midterms, this will be the postcard that is set out. many on the fence. >> we were talking, neither of us like identity politics, in fact i actually hate it, but there is a point that's why are the women standing in the back? they need to have a strong voice as well. >> identity politics, but half of the country does like it, and

republicans need to be aware. as we were talking during the break, the whole thing looked like a celebration where the president of the united states was signing a bill into law. it was not. it was an agreement by one party on a compromise that will probably be rejected by their own colleagues in the other house. >> this is what we call layering. so you guys have been talking today about the photograph, at potentially the side by side will be used by opponents, maybe even some of the republican party if they do not agree out of the senate and back to the house. who knows? but the point is layering, now they are going to double packet with a couple of protective people designations if you will with women and people of color. now you have the second layer on that criticism. it just gets complicated. >> i am disturbed by the point that they picked 13 senators, and they did not pick any women. there are more women on this couch that are -- then are helping write the health care bill in the senate. women's health is very important to women and their families,

their children, their husbands. it is not an optics problem. i actually think they should include women in the discussion. >> i think you have made the ultimate point, marie. government is so incompetent, they need to absolutely get out of the way. particularly when it comes to health care, because the more bureaucracy you add to it, the more you water down. the well intended purpose, so the government needs to extricate itself from the process. >> women are majority of the country. women would be well served. >> amen, judge. paul -- lovely they can count on you in their corner. >> there are a lot of tentacles to this too, because people like to brand all women's issues as being abortion, 50% of women in this country are pro-life. so as long as it is pro-life men floating on this bill, i don't have a problem with it. but optically like you said, it is important to showcase other women who arebers of the

republican party serving in office. >> i would say that my party suffers that when that we talk about women's health that way. when we just make it about abortion. and when we don't talk about things like equal play, paid family leave, this is much bigger than that. i've criticized my party for the exact same thing. ♪ you don't let anything

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number one? good to have you. >> my favorite. >> the people thank you, too. we are going to wrap it up, see you back here at noon eastern tomorrow, "happening now" now. >> jon: we start with a fox news alert, awaiting the daily white house press briefing from press secretary sean spicer, set to start any minute now. >> it comes as the white house is putting major pressure on republican senators to pass a plan to rib place obamacare. we are covering all of the news "happening now" ." >> we have eliminated it, so the fight goes on. >> jon: defense secretary confirming the leader of isis in afghanistan was killed by u.s. and afghan forces as general james mattis meets with our allies on the fight to defeat the terrorist army. plus, former acting attorney general sally yates set to testify in the rush