>> jon: been a busy hour. we'll see you back here in one hour with more. >> heather: bio. >> sandra: fox news alert. busy day on capitol hill as we are watching some high-stakes hearings. deputy attorney general, rod rosenstein facing a senate panel for a budget hearing earlier. rosenstein, assuring lawmakers that robert mueller will be allowed to do his job. president trump has not talked with them about the probe. more and all of this ahead. another fox news alert, also on the hot seat will be rosenstein's boss, attorney general jeff sessions was such not to testify this afternoon in front of the senate intelligence committee. sessions is expect it to be over his role in james comey's firing and about his undeclared

meetings with russian officials. all of this is the white house won't rule out sessions citing executive privilege when it comes to certain questions. buckle up, this is outnumbered. i'm sandra smith. here today, host of kennedy on fox business, kennedy. also, melissa francis, fox news legal analyst and host of justice with judge jeanine. judge jeanine pirro, and our #oneluckyguy is richard fowler fowler. so much going on, let's begin. attorney general jeff sessions will be the highest ranking government official to testify in the russian probe. his testimony, coming after fired fbi director james comey dropped hints during his testimony last week that there

may be more to sessions recusal than the russian probe and while he will be testifying before his former colleagues, he may not get a warm welcome from all. one of his questioners, jack reed on what we may expect. >> i think it's important to establish why he was involved in the dismissal of director comey. he recused himself from apparently all matters with the russian investigation. the president himself indicated that he based his dismissal on the russian investigation. the attorney general's involvement will be raised. >> sandra: special attention will be paid on whether he does indeed cite executive privilege. especially when it comes to private conversations the attorney general has had with the president. catherine herridge joins us live

from capitol hill with the latest. >> based on the testimony this morning from a deputy attorney general and the line of questioning from democrats, we get a pretty good idea where they'll be heading this afternoon. >> i do have questions for the attorney general. i want to know why he has provided false testimony to me and to senator franken. i want to know why if he was recused from the russian investigation why he played any role in the dismissal of fbi director comey. >> the fired fbi director james comey testified last week. he already had a sense based on other evidence that his boss, the attorney general would recuse himself from the russian case. here's that exchange. >> when it comes to the president, i took it as a direction to get rid of this investigation because we are going to follow that request and

so we decided that we have to keep it away from our troops, but is there anybody else that we ought to tell at the justice department? as i laid out in my statement, we considered whether to tell the attorney general, decided that would not make sense because we believed that he was going to recuse. >> the fbi director testified that he was fired over his handling of the russia probe and then he questioned what role the attorney general played in his firing because the attorney general had taken himself out of all matters russia. >> i think was a reasonable question. i don't know why he was involved. i don't have an answer. >> the attorney general pointed to the fact testifying in an open session this afternoon. it will be his chance to set the record straight based on the fired fbi director's testimony. >> sandra: richard fowler is on the couch.

i sent you two up. sean spicer is not ruling out that jeff sessions might not answer some questions and cite executive privilege. what are your expectations? >> richard: judge napolitano talked about how jeff sessions are not here is the ag, he's here as a witness and the russian investigation. i think that's where the line of questioning will go. were you involved? donald trump said that he did fire james comey because of russia. i think that's going to be the line of questioning from democrats. >> judge jeanine: i don't think that jeff sessions is testifying just to talk about russia just like rod rosenstein wasn't there just to talk about the budget. anything is really subject to questioning. you know more the democrats are going. they're going to try and make this man look like a liar. here's the problem. he is experienced in congress,

and testimony as a prosecutor. this is a guy who understands the ways of congressional hearings and he's a very ethical guy who took himself out of this whole russia thing when i don't think he had to. when you look at eric holder, he didn't take himself out of anything. sessions is such an ethical, honest guy that he said let me get out of this so no one can be concerned that i was working with the president. >> sandra: can he invoke executive order? >> judge jeanine: absolutely. he can invoke executive privilege if national security is an issue or if there are public discussion was of the president that should not be subject to the public domain or the information is classified. this is totally legitimate. then there may be litigation if someone says i don't really buy that, i want the answer to this.

>> kennedy: the issue is, having seen the grand statement when she was testifying on the hill and then invoke the fifth. i think that's with the public and some of these lawmakers and the senators who know jeff sessions best don't want to see. i don't appreciate when someone cherry picks and decides when they want to dive into the bunker of salvation to save themselves from some incense grilling. however, i'm not a huge jeff sessions fan. i have a number of reasons why i question his ability to be the attorney general in this country, but they don't necessarily have to do with this case. i want him to answer some of the questions about what the president has said. >> judge jeanine: you may want him to answer questions, but there are legal guidelines. it's not about what we want to hear. it's like jim comey saying i can't talk about this or that. i'm glad you want to hear it, you don't want to jump into a

bunker, but this is a man who understands the law, he understands his role as attorney general and he understands how far he can go. the >> melissa: when lay he is saying he should not be involve involved, can we start a list for why comey deserves to be fired? everybody has been calling for the firing for so long. he is the chatty kathy fbi director of all time. his most recent testimony, he talked about doing things that were widely questionable. >> kennedy: this speaks to what you're saying. what if the president didn't share that he was firing james comey over russia? what if he went to rod rosenstein and said why don't you put out a complete graphic of why james comey needs to be removed? what rod rosenstein did was wrote a thorough memo and give it to the president.

what if he had internally decided about russia and didn't share that until he spoke with lester holt about it? was that cause for recusal? >> richard: that's why democrats are asking the question. i agree with you. i do believe that jeff has the ability to invoke executive privilege. my problem is the p.r. problem. the moment he starts invoke executive privilege, people say, something's up. >> sandra: judge, set this up for us. what's at stake with this testimony today for the administration? >> judge jeanine: what the administration is saying is jeff sessions may say i want to testify in a closed hearing. he said i want to testify and an open hearing. i want everyone to question me, i have no problem. if i have to, i'll invoke the legal protections that it is incumbent upon me to allege.

what he's going to do is try to explain what he did and why he did it. i agree with what you said, kennedy. the truth is, it doesn't matter what the reason is for his firing and i'm so sick of talking about it. jim comey at this point is a leaker. he did nothing when they're all kinds of problems with the obama administration. right now, i have a real problem with mueller. >> melissa: he compromised himself. he went out there and said he felt sick about the clinton investigation but he went and did it anyway. >> kennedy: judge, what happens if jeff sessions goes before this committee and gets a completely different account of what this conversation with james comey was? the president said, jeff sessions didn't say anything.

his body language insinuated that he knew it was wrong and he was uncomfortable, but he did not speak to why it was okay for the president to meet with comey privately. what if jeff sessions goes before the intelligence committee and gives a complete a different account? >> judge jeanine: what's he going to say? >> kennedy: he can say i told him to go in there. >> judge jeanine: that's such a hypothetical. where do you go from there as you continue to ask in dade? that's why sessions has said me out there. >> sandra: that's the read you are getting. it's going to be a huge day. we are waiting for that testimony from jeff sessions. we will bring that to you, that hearing before the senate intelligence committee live on the fox news channel our special coverage held by bill hemmer and shannon bream. it all begins at 2:00 p.m. eastern time today. keep it right here on

fox news channel. that is all coming down in just a couple hours. meantime, we're more of the testimony from the doj's number two, rod rosenstein. what he is saying about the independence of the special counsel, robert mueller. plus, new questions about mueller's legal team's impartiality. some of his new hires have made donations to democrats. after the show, you can join our live chat by clicking the overtime tab at foxnews.com/outnumbered or go to facebook.com/outnumbered fnc. the conversation continues there. send your questions, we will read them. of course, you can tweet us during the show. we'll see you after as well.

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special counsel robert mueller is being given full independenc independence. >> you have my assurance that we will faithfully follow that regulation and director mueller is going to have the full degree of independence that he needs to investigate appropriately. >> sandra: rosenstein also being asked about reports that president trump has not ruled out firing mueller. >> if president trump ordered you to fire this special counsel, what would you do? >> i'm not going to follow any orders unless i believe those are lawful and appropriate orders. under the regulation, special counsel mueller may be fired only for good cause and i'm required to put that cause in writing. >> sandra: he also testified that he has had no discussion with the president about special counsel at any point. kennedy, you are having a strong reaction during that exchange. >> kennedy: no.

i'm just curious to see with the balance will be. i'm watching rod rosenstein's testimony because i'm very curious about the budget at the department of justice. that's the thing is a fiscal conservative that i want to make sure that they really put the screws to those guys and make sure that they are pinching every penny. having said that, there's a little bit of drama sprinkled then. it's like being in astrophysics phd and every once in a while watching the kardashians. the way he answered that question was excellent because all these hypotheticals come up in these hearings. why in the world would you take on a hypothetical? >> judge jeanine: when he said that, i said this guy is an experienced. all these crazy what ifs. we've been waiting for the connection between the russians and the president for the last

ten months. let's focus on something real. >> sandra: what you expect richard? >> richard: it paints a picture of what we are looking at. it's going to dissipate into whether or not the white house engaged in some propriety. i think the timing on the firing was bad. if it were me, i would have fired my first day in office. i think the timing of this is why we are still talking about it. the white house has created a lot of self-inflicted wounds. from a p.r. perspective, no matter what question i'm going to get about comey or russia, my answer will be let's talk about my health care plan.

>> sandra: people in the country are talking about tax cuts. while this is all interesting. we don't want anything nefarious going on the country. >> when you see these town halls, especially when her publican house members go, there is no one there screaming about russia. they're all screaming about health care. >> what happened yesterday with the rollout of that apprentice program? the whole idea of saying not everybody needs a college education, not everybody needs to be in debt for the rest of their lives. let's train people so they can fulfill jobs that are out there. >> richard: i agree with the judge. i'm a big fan of apprenticeship. sadly, that message will get lost because jeff sessions is testifying. >> does this allow the president to move on with his agenda? >> let me tell you it's going to happen. not that i know or hypothesizing, but jeff sessions

will come out and be jeff sessions. he's a straight shooter, he's smart and he knows the ways of washington. the democrats are going to say he lied, the republican's are going to say let's move on and the country is in a mess because the democrats at this point can't work on behalf of the american people. >> richard: can i make this point? i say this they are given every. we are in the house as a small majority. we can't do anything. all we can do is complain. we can sit on our hands and disappear. you can get it done. you cannot blame democrats because the freedom group cannot work together.

we ate are we having this hearing? >> richard: we are having this hearing -- >> kennedy: if democrats come up with good solutions -- >> richard: when president obama was in office, we tried to get reform done. democrats and republicans are working together and they still couldn't get to the house. i think it's a good bipartisan investigation where richard burr is concerned about rest of engagement. let's be very real. >> judge jeanine: this person must have committed a crime ergo -- >> richard: the mueller investigation is about criminal intent.

>> sandra: you said you would get along beautifully, that doesn't happen. >> melissa: robert mueller facing questions about whether he can remain neutral. this amend multiple reports that they have donated to democrats. newt gingrich who has been highly critical of mueller's appointment believe his legal team cannot be impartial because of the links. >> i do think congressional republicans ought to look into this. mueller's first four or were all democrats. one had deliberately hid evidence from the defense. these are bad people. these are people who will be after trump. >> melissa: judge, that's one

side of the story and the other side, you could say there are always attorneys like author and defend criminals who they don't agree with. that's their job. they have to be unbiased. >> judge jeanine: being unbiased is one thing. i'm not criticizing someone for what they've done in the past. when you bring on a whole team that has made it very clear that their money, their hard earned money is going to hillary clinton and barack obama and let's investigate trump, all you need to do is have half a brain to figure out where they're headed. they're looking for a crime, as far as i'm concerned, they are prejudging him. why not have people who supported donald trump? >> richard: let's have a real conversation. this is a washington thing. a lot of times, people want to work for the justice department and they play both sides. i'm going to get someone -- this is a congressional appointment.

all of these people were once doj staff and to get a geo just daft, you have be approved by senate. you play politics. there are probably some out there who gave to george bush. mueller -- he's one in charge of the investigation. >> judge jeanine: mueller and comey are buddies. in the assessment, if you are friends with one witness, i would throw that person out. that's not ethically appropriat appropriate. >> sandra: to be continued. we have to get to the white house because president trump is inviting senators to meet with him at the white house for lunch today. we are told to discuss health care with those senators. the white house saying obamacare continuing down a death spiral. the president and the vice president meeting with many

senators in that room, let's listen. >> thank you very much, i greatly appreciate it. i'm very happy that you were all here today. republican senators, we are going to be discussing the urgent need to repeal and replace the disaster known as obamacare. it was just announced yesterday that 2 million people have dropped out of obamacare, 2 million additional. they are leaving fast. premiums have been increased by an average of more than 100% nationwide. and north carolina, premiums have gone up 76 -- 176%. in arkansas, 128%. pennsylvania, 120% and i hate to say this, but in alaska, they've gone up 207% on obamacare. i used to mention only arizona

because they were up 116% in arizona, now arizona is good by comparison. they are way up in arizona. insurers are fleeing the market. last week, it was announced that one of the largest insurers have pulled out of ohio. nationwide, one in three u.s. counties have only a single insurer and many of those have announced that they are leaving. obamacare has been broken and it's been a broken promise. one after another, americans were told that if you liked your doctor, you'll keep your doctor. that was a lie. they were told that if you like your plan, you keep your plan. that was a lie. americans were told the premiums would go down by $2,500 per

year. instead, their premiums went up to levels that nobody even thought possible. the house has passed a bill and now, this senate is working very, very hard and specifically the folks in this room and i appreciate what you're doing, to come out with a bill that's going to be a phenomenal bill for the people of our country. generous, kind. that's what i'm saying. that may be adding additional money into it. we are going to come out with a real bill, not obamacare. the results are going to be fantastic and hopefully it will be announced at the appropriate time. we have democrats on the other side who truly have become obstructionists, even their new

motto, resist. it's a pretty accurate model. every time i see it, i say that's right, that does represent the democrats. it's very unfortunate. i said if we came up with the greatest health care plan or tax cut, we are coming out with massive tax cuts, if we came up with the greatest health care or tax cut ever, we would not get one democrat vote. as obstruction. the republic ends are working hard. we passed and signed 38 pieces of legislation, which shall be like to talk about. i think probably seldom has any president or administration done more had more success including the record number of resolutions to eliminate job killing regulations. we see it all over the country where jobs are starting that would never have started ever under any circumstances. i would like to thank all of the

senators who i have so much respect for. i know and love some of them and know and like others, but i have great relationships with everyone of them. i tell you what, i do have a lot of respect for people in this room. i appreciate you being here. just a little bit on the economy. unemployment has fallen to a 16 year low in manufacturing confidence is at an all-time high. just came out with a report, the highest level of confidence in history of the reports, it particularly says -- and history of this report, the confidence level is at the highest point it's ever been. companies are moving back into the united states. you see it in michigan where the auto companies are coming back in and they are saying, maybe we just have to build in the united states and that's how it has to be.

i was also really thrilled last week and it had a lot to do with an opening ceremony. in pennsylvania, they are opening a brand-new coal mine. that's the first one in this country in a long time. it's brand-new. this is a brand-new mine. it hasn't happened for many, many years. we are keeping our promise to the american people and that's why it's so important for the senate and the senators that are with us today to come up with a great health care plan. i really believe they're going to be able to do it. we are very close and i really believe they'll be able to do it. the economy is great, everything seems to be working really well. a very big focus for us over the next period of time will be tax cuts, tax reform, we are going to be putting in a very major infrastructure plan and for this group in particular, we are going to be focused on obamacar

obamacare, repeal and replace. i've been talking about repealing and replacing obamacare for almost two years. on june 16th, june 14th is my birthday, but june 16th was the day i announced i was running. some people said really? it happened. it's going to be exactly -- three days is exactly two years for me. we have kept our promises. the economy is going really well and is going to get even better. numbers for the quarter are going to be very good i believe. when the gdp numbers are announced, they are going to be shockingly good based on all of the facts that we are hearing and based on the enthusiasm of businesses because they are doing well. we've just started. i want to thank you all and thank you senators for being here. we appreciate it. now we are going to start

talking about the replacement for obamacare which will be far better than obamacare. thank you very much. [reporters talking over each other] >> thank you very much everybod everybody. thank you very much. enqueue. >> kennedy: that's president trump ending with the senders of the white house over lunch to discuss the health care in this country, saying health care is a disaster. he said democrats truly have become obstructionists. by the way, i should point out who was sitting in that room among the senators, the senator of south dakota where premiums in 2013-2017 skyrocketed 124%. also pennsylvania were pumas are up 120% and also senator mike lee, republican from utah. utah is up 101%.

they are all taking keen interest in meeting the president today over lunch at the white house. the president then went on to tout the economy and talk about other things promising tax cuts. also talking about infrastructure saying more to come. he says it is important to keep our promises to the american people. president trump at the white house. >> kennedy: james comey and his testimony last week of forced admitting to orchestrating a single leak to "the new york times" after his firing. >> my judgment was i needed to get that out into the public square so i ask a friend of mine to share the content of the memo with the reporter. i didn't do it myself for a variety of reasons, but i asked him to because i thought that may prompt the appointment of a special counsel. >> kennedy: now a closed source says president trump may accuse comey of other leaks dating back to at least march. and they are said to file complaint with the justice

department. this as an independent fox for review comey testified in may that he had never been or directed another fbi official to be an anonymous source for news reports about the trump white house or the hillary clinton email investigation. >> melissa: the drive of this is very interesting. the speed with which he got that into the public square indicates that he had to have done this a billion times. when you look at it, he said i had to get it to the public square, i didn't do it myself for a variety of reasons.

>> judge jeanine: when you have jim comey deciding that he's going to leak, think about why he's leaking. he leaks with the purpose of getting a special counsel. wait a minute, you're ahead of the fbi. can you see through this? he needs to get that information out so he can go up to the president. >> kennedy: "the new york times" had several interesting stories written by the man who wrote the comey memo story, michael schmidt with daniel richman who is the columbia law professor, the close friend of james comey. the three of them tend to collide in a perfect storm of journalism several times dating back decades. >> richard: if he is a leaguer, he perjured himself by saying he never leaked.

i don't think there is -- i disagree with people in my party that there is some sort of collusion between russia and the trump administration. the reason why we are having this conversation is donald trump, whether he likes it or not could have possibly engaged and obstruction of justice or there could have been some perjury. his own appointee would not have appointed a special prosecutor. >> judge jeanine: you know what? the next four years, will be saying there's something there, i can feel it in my bones. james comey allowed "the new york times" story, saying there were conversations between russian intelligence and the trump team now he says he wants to be transparent.

this guy -- >> richard: you cannot say the white house is blameless. mike flynn should have never worked at this white house period. >> judge jeanine: didn't obama give him clearance? let's not even go there. >> richard: he worked in the obama white house and clearance is a courtesy given to people -- >> kennedy: the court of foreign appeals will rule against another travel band. we will discuss. this is "outnumbered" "

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♪ >> president trump taking aim at

ninth circuit court of appeals. the court citing he fired back and said well, as predicted, the ninth circuit in again. ruled against the travel ban on such a dangerous time in the history of our country. supreme court. ranking member, dianne feinstein praised the decision releasing a statement saying the band will not make any of us safer. ed sends a message that the united states is taking punitive action against one religion. the president has broad authority over immigration, the ninth circuit rightly noted that power is not absolute and president trump far exceeded it. that ruling comes after the fourth circuit also blocked the travel ban last month.

>> kennedy: i'll keep it brief brief. diane feinstein is all over the place. yesterday, she wants to investigate loretta lynch and today she is saying the president overstepped his bounds. the one thing i do agree -- i think the travel ban gives us a false sense of safety. i think we should not appease terrorists. i think we do need to have a discussion about immigration and how we can make it safer for us and some of the safe holds and messages we can use and modernize things and perhaps privatize aspects of this bureaucracy. >> does the president tweeting about this -- first of all, is

it affecting the situation? >> judge jeanine: they made it clear that they were looking at the president's tweets. here's the problem. any document, any contract is to be assessed, including the executive order needs to be documented. i've never seen anything like this in my life. the order is based upon the document south. >> melissa: thoughts was so educational. a lot of us thought it was supposed to be based just on the document. when you read the writing of their ruling, that's one side's interpretation.

>> judge jeanine: this is fundamental contract law. this is one on one. you did not go inside the four corners of any agreement. >> kennedy: i think it's fair to look at unintended consequences that follow from what's within the four corners, but i agree with you. going outside and trying to infer intent, it's very problematic and no one on either side of the political aisle wants that. >> richard: the intent is clear. as a travel day on. the reason he calls it a travel ban, i don't know hall is it. >> melissa: if you are saying it's a travel ban from countries where the government has fallen apart. >> richard: what we've seen from his language is the reason the band was created was to ban a group of people. that's discriminatory.

you are penalizing 180 million people. >> judge jeanine: get some fundamentals here. they are -- they do not have a right to be in this country. >> richard: we got here because there were people who were green card holders. >> melissa: with health care and tax reform among the big issues looming, president trump is hoping the first meeting of his full cabinet, but chuck schumer is making fun of it. starring in a video mocking the meeting. should he be focusing on other priorities? >> how does my hair look? >> you have great here, nobody has better hair

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of the staffers were very complimentary toward him. here's schumer's version. >> i want to thank everybody for coming. lucy, how to be doing a sunday show? >> your tone was perfect. >> michelle, how did my hair look? >> you have great hair. >> i just want to say thank you for serving your agenda. [laughter] >> kennedy: it's now been retweeted 34,000 times. one twitter user responding one would think he had more pressing matters at hand. another response. you are a giant. instead of using your skills a

senator, you punished by americans by constructing. >> richard: it was funny. in all honesty, the president's cabinet look like a bad episode of the apprentice. >> sandra: it's chuck schumer taking the time and money away from things he may want to focus on. >> richard: we forget that donald trump goes to palm beach every weekend. i think it was funny, it was unjust. >> melissa: he is a bad.

they're hoping we stick to our policy overseas. everyone else's light, your hair looks great. >> sandra: the democratic party was in some sort of optimum shape, i could see this. but shouldn't he be coming up with a message for the democrats? >> richard: it was a 32nd video. >> judge jeanine: here's what i think. you kind of laughed for a second, but at a time where we have this shakespeare in the park thing where they are killing donald trump, his head, everything else, this is lightweight. we are surrounded by people who so hate this man that he's not able to do anything without

people jumping on him. >> richard: i'm not jumping on him, i try to avoid him like the plague. >> kennedy: is this what we are going to see all summer long? >> richard: democrats could sit back and watch this car wreck. >> kennedy: this is our country. don't you care about voters in health care? i feel that they don't care. >> richard: the last four years of the obama administration, we tried to fix the affordable care act with no help from house republicans, nothing got done. we don't have the ability to shutdown the power because we don't have enough votes.

jeff sessions could have picked when he wanted to testify. >> more "outnumbered" in just a moment, stay right here you don't let anything

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speak up thanks to richard fowler, it turned out to be a great show. are you going to stick around for overtime? how about you, judge?

we are back on tv tomorrow at noon eastern time, thank you for joining us, "happening now" starts right now. >> we begin with a fox news alert, the countdown is on to another highly anticipated hearing on capitol hill. attorney general sessions are set testify before the intelligence committee next hou hour. >> jon: we are covering all of the news "happening now." >> the fact of the matter is we have millions of people who are losing -- who essentially don't have care because their premiums are so high, the deductibles are so high. >> jon: what are the next steps for republicans to repeal and replace obamacare? president trump meets with the 13 g.o.p. senators on the issue ahead of his own health care remarks later