>> jon: we are back in an hour, "outnumbered" starts right now. >> harris: fox news alert and escorting threats from north korea and a tough response from the united states. the north announced a plan to attack u.s. military base and guam. president trump with this morning. this is "outnumbered," i'm harris faulkner. here today, host of kennedy on fox business, kennedy. coast of fox and friends weekend, abby huntsman. katie pavlich has with us today and today's #oneluckyguy, fox's new senior news analyst, judge andrew napolitano.

>> judge andrew: the news is so dreadful, it's difficult not to laugh. >> harris: now back to the serious stuff. thank you, judge. a massive ramp up and intentions from north korea. they're threatening to strike the u.s. territory of guam. watch president trump. >> north korea best not make any more threats to the united states. they will be met with fire and fury like the world has never seen. he has been very threatening beyond a normal state. as i said, they will be met with fire, fury, and frankly power, the likes of which this world has never seen before. >> harris: those comments coming after a "washington post" reports confirmed by an american intelligence official that north korea has produced a

compacted nuclear warhead which can now fit inside one of its advanced missiles. analysts believe those muscles are already capable of hitting half the united states. still, the president tweeted this today. my first order as president was to modernize our nuclear arsena arsenal. it is now far strong goal also, ed markey, a member of the foreign relations committee compared the stand off to the missile crisis. >> we have a country with nuclear weapons that can be aimed at our 29,000 troops in the demilitarized zone. they can be aimed at 25 million south koreans within a 30-mile radius, absolutely. if this is not handled properly and it escalates out of control, we can cross a trip wire that we

can even see right now. >> harris: judge, i know a lot of people may have read these words, but when you watch the video of him, kind of looking down and his arms, there is a certain thread out there of observation that says this seems targeted, prepared and deliberate. >> judge napolitano: the constitution requires them to protect the nation, against a person who is it rational or crazy, there is no middle ground. he has the wherewithal to attack americans and american interests. whether it be here or in guam. he has directly is that he's going to attack guam. i wasn't crazy about the president's rhetoric, which i gather we'll discuss later, but the president has access to intel that we don't have, he knows if kim jong-un can carry out these threats, how long it will take him to do so and what

we need to do is neutralize it. maybe intel is saying to him, challenge a guy and that will cause them to back down. maybe intel is saying delay because we have to do certain things that we need some time to do. we have to give the benefit of the president, hyperbolic language and all, we have to give him the benefit of the doubt that he's up to the task of defending the country that he knows how to do it and has the tools with which to do it. >> harris: four-star general jack keane had this to say because it's going to take more than united states, china joined with russia 15-0 to put those sanctions on north korea. let's listen to the general now. >> you are going to see us get really tough with china because i don't think china will behave necessarily in a way that ambassador haley wants them to behave. i think they're going to come up short and we are going to have to really go after china and nail interests with korea, but also their interests in the

region. they'll have to put significant geopolitical pressure on china. >> harris: katie, i'm curious to know what you are seeing and hearing, what is the drumbeat on bipartisanship? you heard from one lawmaker, there will be no daylight between the publicans and democrats. >> katie: maybe not, but i think the republic environmento political, there will be some kind of coming together. in terms of how the white house has reacted to this, they knew this news was coming, that's why the president was looking down at a statement that he had in new jersey that the white house has been preparing for, not only just about a foreign policy perspective, but a diplomatic response level. nikki haley has been instructed to go to the u.n., to handle the north korean problem there and we saw that happen over the weekend. it happened with russia and

china getting on board, but it's a big deal. they've known him as a beginning of this presidency that north korea is going to be a big challenge, especially getting china involved. >> harris: kennedy, you see us having to bring china on board, it's going to take everybody because general keane, not just now, but a couple of days ago told me that they were markings all over this program by china. let's build the nukes and then let's say you can't use them. that's going to take everybody, because of we have to bring them into these strikes, you have to get authorization to do that. >> kennedy: you're right, and we have to put some of the politicized squabbling aside for a second and sort of take this apart. we have to think about two reactions. one is to china like you're talking about and one is to north korea. it's interesting because i think there is some utility and the fact that you have three different people in the administration, including the president who are saying slightly different things about

north korea which is its chaotic and destabilizing, but i think that's purposeful. when it comes to china, i think there needs to be a much more unified message, not only with congress, but also within the administration because this is where we need with the pressure. this is where there's still some diplomatic hope and this is where there can be economic solutions and the kind of pressure that is necessary to actually move the needle and change the game on north korea because china is the only one who can actually do it. that's where the unity has to b be. >> harris: abbey, on coming to you last on our first round because of the role that your father has played as ambassador with china. i'm curious to know, and your talks with him, where he stands. >> abby: this is serious stuff. everyone should be watching and realizing that this is probably one of our greatest national security threats that we face right now. as you guys were both saying,

our culture has become so politicized. when it comes to figuring out how to handle north korea, it shouldn't be political, we should all figure out a way to come together on this and get china to act because as you said, kennedy, china is the only one who can put this without going to war. the only way that china feels threatened is if you pull them back economically, but also if you threaten them in the region. maybe we can say, i think president trump is already alluded to this, we are going to strengthen our allies in that region whether it's south korea, japan, if they can build up their weapons, that's the last thing that china wants. china also doesn't want a war with north korea. >> kennedy: i want to ask the judge is something about because i think this is where we can agree on something like free trade. it's something this president had an objection to, but what if there was some way to unify

economically and have more free trade with that region of the world and put pressure on china that way? >> judge napolitano: i would like to think that ambassador haley almost miraculously succeeded in doing at the other day with the 15-0 vote on the security council at the u.n. agreement on financial pressure and north korea, you're talking about financial pressure on china. the problem is it would take a year for them to feel the sting of the financial pressure because of so many things in the pipeline on the way there, goods that we are selling to them, and on the pipeline on the way here, goods that they are selling to us. >> kennedy: what about the party in the region that they were not invited to a first for they want to be a part of? >> judge napolitano: that would be very significant. if he's just a talking to vladimir putin through your father, and my hats off to him, and as excluding china for most conversations, jealousy. the green-eyed monster. >> harris: mr. huntsman said

to be maybe another ambassador as well, going from china to russia if he gets confirmed. >> abby: era talk about the importance of china, but you also need brush on board for your very point. if you can somehow isolate china, make they feel like they want to be a part that party, that is where you hit them hard and that's where we say okay, we have to do something. we still want to be a leader on the world stage, that's all they care about. >> judge napolitano: what is the status of his confirmation? >> harris: maybe look at some some work done. >> abby: if i had any advice for mitch mcconnell, stay an extra week, take four weeks of vacation, get people through confirmation. just a thought. >> harris: all right come up much more in korea's threats and the way president trump is handling the situation. he's facing criticism for his rhetoric, some are saying the president needs to tone it down.

does he? or is it time for the united states to start talking like this? former "cbs news" anchor dan rather is calling the recent white house leaks "a public service." does he have a point or do the leaks do more harm than good? we'll talk about it. after the show on tv wraps, we pop up online. foxnews.com/unnumbered, click on the overtime tab or facebook live, our handle is outnumbered fnc. [upbeat music]

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♪ >> north korea best not make any more threats to the united states. they will be met with fire and fury like the world has never seen. >> kennedy: reaction pouring in after president trump steps up his rhetoric against north korea. secretary of state rex tillerson singh the president simply wanted to be clear that the u.s. is prepared to act if necessary. >> what the president is doing is sending a strong message to north korea in language that kim jong-un will understand. he doesn't seem to understand

anything else. i think the president just wanted to be clear to the north korean regime that he has the unquestionable ability to defend himself, will defend himself against. americans should be able to sleep at night. i have no concern over the rhetoric of the last few days. >> kennedy: that's very soothing, but now president trump is facing criticism from democrats and republicans i'm a listen to this from john mccain. >> i take exception to the president's comments because you've got to be sure the you can do what you say you're going to do. in other words, walk softly, but carry a big stick. the great leaders that i have seen, they don't threaten unless they are ready to act. i'm not sure that president trump is ready to act. >> kennedy: president obama's former director of national intelligence james clapper says the rhetoric may make things

worse. >> the rhetoric itself is becoming quite incendiary. i don't think it's productive to engage in dueling banjo rhetoric back and forth, which is quite provocative. to come out with that kind of rhetoric from the presidential level raises the ante. that kind of fiery statement doesn't apply to just north korea because that jeopardizes literally millions of people in south korea, not to mention the regional implications. >> kennedy: let me ask you this, harris. the diplomatic solutions and diplomatic toxicity that we've engaged in has really worked. what if the president is speaking in terms that he knows kim jong-un will understand? >> harris: and everyone else will understand. china will understand it, russia will understand that, they know what we have in our arsenal.

kim jong-un can sit there and chat line with dennis rodman all day long. in answer to your question, i guess that's possible. this does not seem like a guy who draws a redline, president obama, and then takes out a huge eraser and erases the redline. it doesn't seem, based on his behavior with a tomahawk missiles in syria, it doesn't seem based on his consistent language with china. remember when he was saying to china, he used a little bit of that, people were wondering, what are they doing to china? think about the person that you are doing this with and north korea. just recently, the president said he might legitimize him by talking with him. it was the legitimize of people

put an editorial on. he said he might be open to having a conversation, anything short of war. but now something has gotten him to this point. he sees things we don't see in terms of the national information and our national security. we don't know what that is, it's not for us to see. something has gone him to this point, the question is, where did it come from? >> kennedy: there's a shift in tone from the u.n. ambassador who says all options are on the table. we just saw a rex tillerson who said the americans can sleep at night, so at what point is there a shift from rhetoric to action and what can the president do? >> judge napolitano: i was initially appalled at the president's language, then the day wore on and i listened to nikki haley and to rex tillerson, and i realized this is coordinated, this is planned and this is timed. this is the carrot and this is the stick. to echo what you just said, the president has intel, raw data from intelligence sources all over the world, that may be telling him this short, fat guy

is not crazy, he is rational and this is the type of language that will keep him up at night. >> harris: it then you have the state department to rex tillerson -- he reiterated when he was in the region and that is you are not our enemy. the speed when we don't want to peninsula. >> judge napolitano: and my opinion, he should have it, but that's my opinion. the president does not need expressed authority from the congress to take out muscles or to engage an offensive weaponry. if he believes that attack on american interests, they could be south korea, japan, guam, los angeles, is eminence, he can attack 1st for 90 days before he has to go to congress.

>> abby: whenever something is said like this, you'll get social media, he'll be trending on twitter. you've got democrats attacking him, and it's a lot harder to take a step back and actually think about what he said and what's going on behind closed doors. he's surrounded by generals, you think about the people he has in place -- must >> judge napolitano: john mccain is right in the president does have the wherewithal to do this. >> katie: he's proven himself to be someone who acts upon threats that are made to the united states, whether it was afghanistan, the tomahawk missiles in syria, one thing i find amazing is that president trump's response to threats from north korea, he didn't issue the threat first, they issued threats to us. let's go back to what north korea said on tuesday and response to the u.n. sanctions, they said physical action will be taken mercilessly with the

mobilization of all its national strength. president trump made his response to that. this idea that president trump is the one in the wrong for using this language, was whichm jong-un understands. he understands national pride, he understands meaning what you say and that will be respected more than strategic patients that we seen. >> kennedy: and he understands adjectives and that's exactly what the president is doing. it is a measured response and we'll see where it goes from there. now president trump sending private messages to his lawyer, to special counsel robert mueller, whether it's a sign that the president is willing to cooperate with the russian probe or if it's inappropriate. plus, former cbs news man dan rather saying the lease coming out of the white house are a public service. this despite new warnings for how the leaks can be endangering our national security. will discuss that and more rain here.

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♪ >> harris: welcome back on this fine wednesday. president trump has been sending private messages through his attorney to special counsel robert mueller letting him know how much he appreciates the job he's doing. that's according to the president chief counsel who tells fox news all communications have been "professional." mueller has been investigated g collusion. we find out that fbi raided the home of paul manafort late last month. his spokesman says he's consistently cooperated with law enforcement and the fbi, while not denying that ray declined to comment. they say they cannot comment and open investigations i understand that. let's go back to the top of the

story and this idea of sending notes through your counsel to the person who is looking into the investigation. >> judge napolitano: i think the president has stopped his rhetoric of referring to the special counsel investigation as a witch hunt because they persuaded him that that's counterproductive. you are taunting fbi agents who have the power to make your life miserable, don't do it. let me, his lawyer, deal professionally with them. i'll tell them you appreciate their work. that level of professional cooperation is what normally exists when the fbi is investigating someone in what we call white-collar crime. these two things are connected. the realization by donald trump that it would be better for him to cooperate then condemn the special counsel and a predawn fbi raid on someone represented by counsel, to lawyers, it's

very telling. if you want evidence from a drug dealer, you go to a federal judge at three in the morning and say, if we don't give us the next hour -- >> harris: people are watching and i wanted to make sense to the audience. you got separately, the president smoothing over the waters. let your attorney do your job. we've learned that late last month, there was a raid on paul manafort who played a pivotal role back in the campaign days for this candidate. >> judge napolitano: the fact that paul manafort is represented by counsel, there's probable cause of crime in the place to be searched, his home, or things to be seized, computers, data, and documents. we don't trust him to give it to us and we don't trust them to preserve them or his own lawyers

are telling us they can control their client. that's a very damning. >> kennedy: if you see to them, the political costs may be greater then what you might gain from going after special counsel, although it may feel that the time, you may feel justified, it can do so much damage to you personally that is not worth it. >> judge napolitano: i have issues only search warrants. when they come to you with a search warrant, they have to tell you, they can get this by any other means and it's likely to be destroyed or removed and we need this awesome power, literally breaking down a door of a white-collar person at 5:30 in the morning, we need the source of power and we needed now now. that tells me there is a there there.

>> abby: is this simply into paul manafort's personal dealings? maybe there's some financial fraud they're concerned about. that's where a lot of people are taking this. are they going to find some collusion when he was campaigning? >> harris: they're putting pressure on the presidents friends. >> kennedy: we heard they were trying to -- >> judge napolitano: they will indict paul manafort for something irrelevant to the campaign and the russians and then squeeze him for what he knows about the president. >> katie: there is a big separation between what's happening with paul manafort. he's been dirty dealing in eastern europe eastern europe and ukraine and russia for a very long time. i'm not sure they'll find a connection to the president, the white house has repeatedly said, trump counsel has repeatedly said there's nothing there. this raid has to do with paul manafort and his personal problems with the fbi.

one thing i want to say real quickly on the bob mueller stuff, i think he's a professional and regardless of what the president is praising him privately through an attorney or berating him publicly, he's went to do his job and of the facts fall where they may. >> kennedy: we are still getting plenty of leaks out of that case and there have been trades for the recent leaks out of the white house from the former "cbs news" anchor dan rather. >> news so often is what the public needs to know that particularly someone in power doesn't want them to know. everything else is pretty much advertising and propaganda. president trump didn't want his information out, but somebody somewhere said the public needs to know this and they did a public service. >> kennedy: he was talking about the leaks. after someone spilled

transcripts of the presidents calls with the leader. it's being warned that these leaks are helping anyone. >> it's dangerous, particularly when it involves classified information. you can refer to the fbi, you can refer to the justice department and obviously, when and involves us find information, it's going to be investigated. the key to preventing leaks is to create a sense of teamwork within the white house so that they see a loyalty to the president of the united states. >> kennedy: panetta is saying teamwork and loyalty. do we need to make a differentiation and these leaks and what's acceptable, what's reprehensible and much be prosecuted? >> judge napolitano: yes, but i like a lot of these leaks because the government often resists transparency. i don't like the president's telephone calls being leaked because he should have the confidence of knowing when he's talking to a foreign leader,

it's not going to be on the front page. >> kennedy: he is protected by his own government. >> judge napolitano: correct. i agree with leon panetta, but sometimes certain leaks tell us that the government has been lying to us and we have a right to know what the government is doing. sometimes whistle-blowers are great, sometimes whistle-blowers are afraid their careers are destroyed and they have to leak outside the whistle-blower channel. >> harris: you are pointing at me when you said whistle-blower because i talked about this in the previous commercial break with you. there are instances where the person giving you the end information should be protected. i think the problem with this particular leak realm is you see classified information who don't necessarily handle it that way among the media. it's more than just a little embarrassing that they act that way. it's terrible, it paints all of

us as people who don't have the integrity. >> judge napolitano: we are in the media business and our job is to reveal what we can. if this is classified -- >> kennedy: who are privy to some of those white house things, we see you on camera asking questions, so what is your responsibility as a journalist? >> katie: when you go to journalism school, they teach you are these going to do harm to the national security of the country? i agree with the judge, there are certain circumstances where whistle-blowers play a key role. my first book, i talked to a lot of lawyers. if it wasn't for brave whistle-blowers coming forward and going around the system, that was to show that the government was lying and to make

sure more people didn't get killed as a result of the program, but when it comes to leaks we've been seeing, particularly on the transcript of the phone calls of the president, that is about politics. it's not just about politics of the person who gave the transcript out, it's about the people publishing it, having a political motive for publishing it and set of thinking about what kind of damage that will do, not to president trump if you don't like the president, but to the country as a whole. >> abby: how much news there personally going to get as a journalist, whether you're a journalist or you work in national security, you should be a patriot first and foremost. you look at the leaks that have happened this past year, what if you know something is wrong and you know the government is lying? isn't it incumbent upon you to get that truth out there?

we look at the leaks we've seen over the last few months, when we seen anything that has been for the better of the american people? none of it has. we don't need to be reading these transcripts. >> kennedy: we will have so much to discuss on the other side of this, including senate majority leader mitch mcconnell slamming what he calls president trump's excessive expectations about how quickly congress can get things done. is he right or is it the presidents job to try and shepherd the herd? will debate and discuss and we are keeping a very close eye on the korean peninsula and beyond. tensions between the u.s. and the north, reaching new heights. we'll bring you the very latest as we get it right here. ♪ no. with claim rateguard your rates won't go up just because of a claim. i totally could've - no! switching to allstate is worth it.

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♪ >> abby: welcome back, senate majority leader mitch mcconnell calling out

president trump were not fully grasping how washington can wor work. >> our new president has not been in this line of work before and i think had expectations of how quickly things can happen. part of the reason people think we are underperforming is because too many artificial deadlines, unrelated to the reality of the complexity of legislating may not have been fully understood. >> abby: those deadlines, you heard it there, mcconnell mentioned deadlines, an apparent reference to the pressure put on republicans just last month. the president tweeting this. after all these years of suffering through obamacare, republican senators must come through as they have promised. it's very sad the republicans, even some that were carried over to you very little to protect the president.

the senate majority leader must have needed another four years in addition to the seven years to repeal and replace obamacare. a lot to unpack here. we talked about the president setting unrealistic expectations. to that point, he wasn't the one who set those expectations, and was members of congress for the last seven years. >> judge napolitano: i fully agree with you. they can't send one obamacare appealed to the desk of donald trump knowing he's going to sign it. one of the democrats in total lockstep? nobody veered from a standard, not even joe manchin. >> harris: it you can't take on the establishment of the democratic party. we'll move on from that, but back to the point you are making about republicans.

they passed repeal so many times and they didn't have anything to back it up at that point. they knew the problems presided veto it. >> abby: you lived this every single day, what is your reaction to mitch mcconnell? the american people are irate. that strategy of pinning it on president trump, is that working? >> katie: the system was set up by the founding fathers to be a slow legislator process. seven years as a slow enough and it's not the president, as you said. the deadline of obamacare, it was the republicans are promised over and over again, we've been talking about this for so long, that they would get it done. they have the opportunity multiple times and they totally choked and blew it. if that's the excuse they're going to give during the august recess, it's going to be a rough go. for the party that claims to be

all about personal responsibility, they're blaming everything else for the failure that they had. >> judge napolitano: here's the next question, as republican leadership up to the job? >> kennedy: their caucus is not in love with them and that's one thing that's refreshing about the republic and party is when they're disenchanted with leadership, it's a losing issue for mitch mcconnell, i think it's very easy for the president to come out and say, we had an expedited timeline because we needed to get this done for the american people who voted all of us into power. the reason we had such a monumental presidential election is because people want actual change, they want to see results in their lives. now their learning that it's very slow. >> abby: welcome to the real world.

>> harris: if you can get it done in seven years, why would you need an extra three or four years to get it done? >> judge napolitano: you buy, you sell, you close. congress moves the goalpost all the time. >> abby: i think we all agree. how concerned should we be about the attack on guam and what should president trump to next about it? one democratic congressman slamming his party saying they need to work on their messaging and consider new leadership if they want to win some elections come out why there appeared to be in such disarray right now and whether they can turn things around, we are going to discuss. stay around for that one. ♪ ugh. heartburn.

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was >> harris: you want more "outnumbered," but you have to wait because jon scott is standing by with its coming up in a second hour of "happening now." >> jon: any my 15 seconds of fame. the world on edge today as the u.s. and north korea trade threats. we have fox team coverage and in-depth analysis including from gordon chang.

we ask about news that the fbi raided the home of the one-time trauma trauma campaign manager paul manafort. at the next on "happening now" " >> katie: no concerns about what's ahead for the party. the democratic party needs to work on its messaging needs to consider new leadership if they want to start winning elections. >> there was no central organizing plan. unfortunately, secretary clinton did not have one and we weren't able allowed to allow candidat. we need to have a message that appeals to middle class americans. they have to think about the leadership in washington today, is that the leadership americans will look to, i'm not concerned

it is yet. >> katie: the party appears to be disorganized. candidates competing for the same job, take a look at this. 11 democrats ran in the same michigan state legislator primary election just yesterday. there were five candidates where karen handel ultimately defeated jon ossoff. and since there are nine democratic candidates the first question is a main complaint of nancy pelosi and chuck schumer, why is the democratic party continuing to protect them? >> judge napolitano: did they really want sanctuary cities, something that is extremely left? i love this guy from ohio. the irish catholic pro-life democrat lawyer named tim ryan

who challenged mrs. pelosi. he should be the face of the democratic party, not the extreme left wing politics. i don't think it works. chuck schumer has these left-wing groups demonstrating in front of his townhouse in brooklyn and if he does give them what they want, -- >> kennedy: >> abby: he's not going anywhere they have a really hard time making it not about themselves in front of the camera and doing what's best for the democratic party. the best a blessing for republicans right now is keeping nancy pelosi and chuck schumer in their positions because you can't get things passed like obamacare, so they can hope the democrats can figure out the leadership. >> katie: what is their economic message? he is talking about how they don't have one. >> kennedy: if they want to win, that's what they have to d

do. you hear harold ford junior is upset with the president because he has solid branding and a good message that everyone understood and everyone can latch onto during the election. democrats have failed to come up with the same thing and it's about sanctuary cities and medicare for all in a single pair insurance. it may feel good to bernie sanders and progressive who do have these and they are imposing a litmus test and unfortunately for democrats, that is splitting the party. i don't think it's going to make them successful. >> katie: these numerous candidates are running for the same seat, are these litmus tests helpful or is it them just flushing it out? >> judge napolitano: you'll see some pro-life democrats popping up. >> harris: we are breaking in with news now. we have just gotten an official release now from jim mattis and

here it is. it has to do with north korea. i'm going to read a couple of highlights, it's a longer lease. north korea should cease any consideration of actions that would lead to the end of its regime and its destruction of the people. his first orders to me, meaning mattis, emphasized the readiness of our ballistic missile defense. we were talking about what the president would know coming into office, how his words were so specific that people have been talking about today that he made yesterday. the north regime's actions will continue to be grossly overmatched by hours and would lose any arms race or conflicts it initiates. again, this is on the heels of the president's very strong words yesterday, he seems to be looking down. katie pavlich says it may have been a statement and that is certainly in concert with what

the defense department is saying now. big news this hour, we'll talk about it more in just a moment, stay close.

>> judge napolitano started us out with a laugh about the breaking news today did not let us stay there.

it is a pleasure to be with you guys no matter what. >> you are going to pop up online with us, go over to facebook and watch us live there. this is "happening now" ." >> melissa: a fox news alert from fox news global headquarters in new york. >> jon: president donald trump is sending his warning you have to north korea as that rogue nation levels are a dangerous threat of military action against the u.s. territory of guam. welcome to the second hour of "happening now," i'm jon scott. >> melissa: i melissa francis, president donald trump making his message clear, that the u.s. will not be bullied. >> north korea best not make any more threats to the united states, they will be met with fire, fury, and