>> tough newsday but thank you for joining us. >> "outnumbered" starts now. >> harris: we will start with the new details on the deadliest terror attack in new york city since 9/11. please say a 29-year-old immigrant from uzbekistan plowed his rented truck into pedestrians on a busy bike path in lower manhattan yesterday. chilling eyewitness video shows the suspect during that attack. which unfolded just blocks from the world trade center. a people are dead including children. 11 others injured. this is "outnumbered." i am harris faulkner. here today, sandra smith. republican strategist and fox news contributor lisa boothe. democratic strategist and fox news contributor jessica tarlov. in today's #oneluckyguy, fox news, sr., judicial analyst, judge andrew napolitano is here.

a tough day for new york and for the nation. >> andrew: brings that horrific memories of those was who are here on 9/11 and brings back the gratitude of the great professionals at keep us safe. if you asked me if i feel nervous in the streets, i don't. >> harris: we will get into it it. the suspect is now in the hospital after police shot him in the abdomen. and just in the past hour, new york city officials provided an update on the investigation saying the suspect planned this attack for weeks. but what happened yesterday was not okay. he will never be something any of us will just accept as inevitable. since 9/11 9/11 mama we along h our partners at the local, state, and federal level have disrupted or prevented two dozen plots against new york city but none of that matters when a innocent lives are taken by a criminal committing a cowardly act and driving a rental truck.

>> this was an attack on the united states of america and an attack on new york city, an attack on our people. and it was the definition of terrorism. >> harris: witnesses described that scene after the terrorist unleashed carnage on one of the busiest areas of our nation's largest city. >> we were having class and a couple of my classmates heard the shots and then we went to the window and we see you two of the bodies lying down. it surprised us because you usually never sees a man like this happen, especially around here. we looked at the window and they were just laying there dead. >> harris: david lee miller is live in lower manhattan with the latest. >> that news conference lasted nearly one hour and for the first time now, we are getting some very detailed information about the 29-year-old suspects. sayfullo saipov. the authorities say that he followed essentially to a t the isis playbook on how to perpetrate an act of terror.

they set forth a very elaborate timeline, they said that yesterday at 2:06, he rented the truck he later used as a weapon of mass destruction. it had 2:43, he entered new york city over the george washington bridge and at 3:04, that's when the rampage began. he used that rental truck as a weapon of mass destruction and he began to plow down both cyclists as well as pedestrians along new york's westside highways. the authorities today also talked in detail about some of f the things he had in his possession at the time of the attack that starts with some of the weapons. here now with the deputy police commissioner john miller addressing some of the weapons that authorities found. >> there have been a number of search warrant executed and there may be more. we've interviewed, associates tracked down and other activities we've been able to piece together a number of fact

facts. covered in and around the vehicle were multiple knives, the two imitation pistols, one a paintball gun. the other a crossman pellet gun. >> authorities said that the 29-year-old suspect has never been the subject of an nypd or fbi investigation, but they did say there was some connectivity, that is a quote to subjects that were under investigation. and they also talked about the note that was found in his vehicle. they say the note was written in arabic. in the is from his pakistan, so that perhaps to the level of his radicalization although they would not elaborate. the note said the islamic state would endure forever. now we also heard more from the police commissioner. listen to some of the things he had to say. >> based on the investigation overnight, it appears that mr. saipov had been planning this for a number of weeks.

he did this in the name of isis and along with the other items recovered at the scene was some notes that further indicate tha that. >> one of the things worth noting now is we are approaching about 20 hours since the attack took place and here in lower manhattan in tribeca a significant portion of the city is still sealed off just down the street from where i am now standing. sitting in the middle of the street. it is the rental that was used to kill as many as eight people. authorities very methodically, slowly, deliberately continuing their investigation. they say they are checking surveillance cameras. they are checking the license plate readers. what is taking place now on the ground in essence is a bridge search. they are looking for and all evidence and interestingly one of the things that they said i

can't remember the last of heard authorities say that they are asking members of the public to come forward with any photographs or video that may be helpful in this. >> harris: that goes to the first question i wanted to ask you about and so much of what we have seen and know about came from, we sought on social media so many people have phones ther there. when the advent of social media now broadens their ability to collect information. what are they saying about it? >> that's right. they are simply now asking for anyone who has this material to come forward. one of the things that i discovered yesterday because i was down here minutes after the rampage ended was that they were students in the nearby high school overlooking the site for the shooting itself took place. and i talked to some of the students and they told me that they were in lockdown for about three hours but many of the students through the windows were able to observe what was taking place, many of them had

cameras and phones with them and they documented much of what they saw. one young girl, 17-year-old girl who went to my school told me she didn't think it was possible for a bicycle to be so twisted and damaged, and then she described me that a few feet away from this bicycle or what remained of one were at least two bodies in body bags. it was an absolutely horrific site that the students from the high school observed as they were under lockdown for their own protection. >> sandra: it's sandra smith. when you point that out, it reminds me knowing that neighborhood so well of just how many students are walking about that time of day. 3:00 p.m. eastern time, there is a community college right across the street there as well. many of us are familiar with that area. we are showing his live shots they are now, and look like the area is buzzing.

talking to bill hemmer this morning, they are doing america's newsroom, people are back out on the sidewalks, they are going about their daily business whether that's to school, doctors appointments, grocery stores. in its amazing to see how fast those areas are out there, how many people are going right back to their daily business. >> you make a very good point. if you were to venture just one block from here, you wouldn't think that anything this horrible had taken place. the streets are teeming with people and to a great extent, life goes on outside of the perimeter is now sealed off. also coming up to take into consideration as you point out that there are many schools here. there's a community college you talk about, there's also another school, at least three schools within a block radius of where the rampage ended. it is noteworthy that more lives were not lost. this could have been even more horrific than it was. another thing that should be

pointed out during this news conference today, authorities hailed the police officer and brian nash, 28 years old, five year veteran and described him as a hero. he used his service weapon to end this rampage. had he not been here at this time and thought so quickly, more lives could have been lost, possibly even schoolchildren because remember, this unfolded a little bit after 3:00 when many of these kids would otherwise have been leaving school. >> sandra: david lee miller, thank you for your coverage they are the ground. it's been such a short time since the attack took place and how busy that area already is. >> andrew: before we get into it, there are many legal issues here, it does seem as though the crash that the school bus is stopped him. and stop him from killing many, many more people. i know people -- because that school bus was there, other innocent lives were saved.

>> sandra: there were two adults and two schoolchildren on that bus that were injured and taken to area hospitals. we continue to get updates on that. >> andrew: at that point after the crash is where he wants. with weapons in his hands that really can't hurt anybody, certainly not going to stop the police. that's a head-scratcher. what's he doing with a bb gun and a paint gun? that's when the police thinking these are real weapons shoot him and stop him. >> harris: you can tell by some of the video, it was pretty quickly last night. a lot of people were out there cameras because it was halloween. some people were already out in costume early part of the day, sue had a lot of people already snapping away and rolling video. more maybe than they normally would be but what you see from that video amount wasn't necessarily so much the weapons but it was the sulking. and you could tell that this was somebody fleeing something from seeing that. then you had the weapons that were useless but certainly police fired on him. >> lisa: you've heard some of the witness accounts and i cannot imagine being there. on a different note, hearing the

press conference this morning, i was sort of dismayed and hearing that islam is not responsible for this. what do you think inspired this terrorist to commit these acts? if it's not the tele- band, if it's not al qaeda, it's isis, and what do all of these radical extremists share? a common ideology, a common radical version of their religion. if you look at the isis leader, he has a degree in islamic studies. he has a phd and a masters in the studies. this is what he teaches and this is what he has inspired, tens of thousands of people to china for jihad is in. wrote for the national review and i thought this was an interesting point he made. it's not about the geography and the terrain in which he controlled. it's about the mind that they control. >> harris: i would step in and say this. when you take out a scorpions nest, the scorpions fully and they go somewhere else and they may not be able to hit you but because of social media and other things, you can even see

online like those sites because they are so interconnected now, they become more dangerous than ever. i think it's important that our military take that out. i want to get jessica into the conversation here. >> jessica: i grew up and try back up that i in tribeca. this is deeply personal to me. my parents were on lock down last, hard for me to get home. >> sandra: they couldn't get in and out of their apartment building? >> jessica: they were away but no one was able to get out of river terrace. so what is different when it's where you're from and i know that all of us feel that, thank you for visiting, from d.c. >> harris: i'm here every day. >> jessica: i think that we obviously are keeping that in mind as we discussed this and we are going to get into more of the politicization of this later in the show. i think your point about the press conference, i also counter with the point that the president of the states of america politicized that i record time and didn't want to say anything about what happened

in las vegas. we know how many people are killed by crazy white men with guns. >> harris: i want to talk about that a bit because you are talking about it before we went live here. or just your thoughts. maybe they're not a rebuttal. >> andrew: not a rebuttal. in fact, i agree with it jessica. the president uses twitter more effectively than anybody in the land but to leave this on chuck schumer because of a piece of legislation that republicans passed in a republican president signed in 1990 is not going to withstand. >> harris: we are just reporting on what they are saying. >> lisa: pointing out what is inspiring this individuals is not political. [all talking at once] basics mental health is an ideology problem as well. these people who have access to guns, have no business having. >> sandra: we are all talking over each other. in the bottom line is we were talking before we even started

the show and watching the news conference, you were appalled at how many red flags they stood up there and told us there were and this attack still played out. >> andrew: they told us the attack was planned for weeks. that means he used his mobile device, he spoke to people, he communicated with people, he purchased goods, he rented the truck. how could intelligence agents have not picked this up with weeks of planning when the nsa supposedly exists for safety and captures everything we say and do on these cell phones. everybody in the united states, everybody watching us now, including this guy an information overload. we are not able to target him because of that. >> harris: part of the argument that you and others have made that they scooped up so much, they can't even extrapolate, they can't even go through all of it. we will talk more about politics later. we will talk about the news conference and some things that were said. right now, let's let the victims be the last word on this. our prayers for those who are surviving and those who did not.

we will move on. new questions about how the suspect came to the united states. sources tell fox news he appears to have some connection to other individuals police were already tracking. catherine herridge with the details on that part of our coverage ahead. as we continue to follow the fast-moving developments after yesterday's terror rampage in the shadows of the world trade center. >> it's 3:00 in the afternoon and i hear all the noise and when i go back and i look, i see a truck a few more blocks down going down the bike path. for some reason, i went that way. when i went that way, i saw a couple of bodies laying right there in the bike path. let's take a look at some numbers:

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>> sandra: fox news alert, authorities say the suspect in yesterday's terror attack in new york followed isis's playbook to a t. and it was radicalized domestically. now sources telling fox news a suspect also appears to be connected to other individuals already on law enforcement's radar. we are also learning he came to the u.s. from uzbekistan on a diversity visa. that program provides up to 50,000 randomly selected foreigners permanent residency in the u.s. each year and a set number of visas available to low admission countries. they then undergo reviews by the

state department and dhs with the process taking about two years. chief intelligence correspondent catherine herridge's live in washington with more on this. a lot of debate on this today. >> based on parliamentary evidence within the last hour, suspect planned the attacks in arabic with symbols and words expressing his belief that the islamic state would endure forever. fox news reported earlier today the suspect had connections to individuals who were already known to federal law enforcement. a short time ago, new york debited commissioner for counterterrorism. >> mr. saipov has never been the subject of an nypd intelligence bureau investigation nor has he been the subject of an fbi investigation. it appears he will have some connectivity to individuals who were the subjects of investigation though he himself was not. >> information in the last hour shows this is not a standard investigation. it is pulling together resources

from the joint terrorism task force in new york and new jersey with leaves getting pushed out to federal agents in other states. the suspect as you mention came into the u.s. in march 2010 201. a citizen from the former soviet republic of uzbekistan. saipov is a legal permanent resident through what's called allow p.r. in law enforcement circle. this money, the revoking chairman of the house homeland security committee was asked about reports of suspected come through this diversity program. >> the lottery system i've always been against it because it's a random system that brings people into the united states. it's not merit-based. why aren't we scrutinizing people over there before they could even get into the country with a higher betting system, putting i.c.e. agents over in consulate and embassy offices? >> those close to the matters of law enforcement is scrubbing the suspects electronics and already they've seen evidence that he was searching online for isis instructions for using trucks as weapons.

>> catherine herridge, thank you for the update. we'll see you in a bit. >> andrew: i'm getting angry here because of the accuracy of catherine's report which is telling me that government should have known about this. he is going online while looking for isis material and isis instructions about how to use a truck to kill people. if the nsa is capturing everything it's doing, why aren't they finding that and why are they telling the nypd about it for the patterson police department which is where this guy was at the time? >> sandra: with the president's response be we can't possibly follow up on every single instance? >> andrew: yes and the reason that is an accurate responses because the government surveillance everybody. it is book surveillance. rather than focusing on people. catherine said they merely typed his name into a government web site and it popped up five times. they could've done that three weeks ago. >> harris: can i just to ask you about this element of it. over the last two years, the

terrorism investigations by the fbi looked at five people, most of whom were from uzbekistan in a terror investigation, some of them pleaded guilty to some charges, there was no record then whether or not saipov, the suspect in all of this that happened yesterday and knew of these men or was connected with them, but is it fair then in the nation when you know you have many from one area and one investigation, that you go looking for other in the united states that may or may not have a record? what is the fairness, with the legality and that? >> andrew: is very difficult to do that. when he is already a legal permanent resident of the united states. which gives him the exception of voting and running for office. the same rights as the rest of us do. therefore, translate the government could not commence an investigation on him without him suspicion. what would bring suspicion? the fact that he's looking for isis materials. the fact that he knows and is looking on his computer for information about how to use a truck to kill people. once you have that suspicion,

that opens up the door to a surreptitious investigation. >> lisa: have a question for you. determine the call on special report yesterday said there is at least 1,000 individuals that we are looking out for suspected terrorism in all 50 states. he mentioned that we should have been able to flag this, should have known about this we did because obviously those records of this. but is law enforcement just simply overwhelmed? >> andrew: i think that the nsa, which is the chief domestic intelligence agency, i keep holding on my iphone, most interested in since we all use them for everything. a texting, emailing, and talkin talking. i think they are overwhelmed because they download too much information. if catherine's people, catherine herridge's people, can type this guy's name into government web site a few mins ago and his name popped up five times, if you would add that to

what the nypd now knows about and what the nsa knew about him 24 hours ago but didn't know that he knew it, we could've stopped this. >> lisa: what should've law enforcement then done with him? let's say we don't necessarily have specific details about him trying to put together this attack, what does law enforcement to legally? >> andrew: great question. let me say the joint terrorism task force without getting into too much detail combines state and federal assets in new york city and new jersey, state police, city police, fbi. the other entities. if they were aware of his existence and what he was doing, they could've monitored him they would have known that he went to home depot to rent a truck and would've stopped the truck. >> jessica: is interesting to me that this conversation that we are having, we have tech companies on capitol hill right now getting a good grilling. dianne feinstein was out this morning saying to google and facebook of the world he made an amazing product, you change the world and how you got a big

problem on your hands. you need to play a bigger role in helping us fix this. because you say texting and emailing, tweeting, the ending. >> harris: that's a conversation that we had with san bernardino. over the phone company is going to because that's a different thing. the fast way to get into one of those phones that they need to. >> sandra: i want to alert in here because the president has a meeting at the white house. we know he is seated with oxytocin and james mattis on either side of him. we want to point this out because were going to go to this in a second. he spoke for several minutes about the terrorist attack in new york city yesterday. he speaks about the diversity visa program. then he talks taxes and goes into trade, also you will make fed announcement tomorrow. that is on target as well. he is leaving on sunday, first top japan and says they are staying behind to keep working

on plans pretty we are about to get to this but he has questions about will the suspect in the terrorist attack could go to gitmo? the present response we will consider it. if the family under investigation? they might be. continue to answer more questions, we are told he ignored a question further about the potential incoming federal reserve chairman. so we're just getting the details of this cabinet meeting. the president at the white house right now. let's listen in. >> president trump: new york city just blocks away from the site of the world trade center. a man drove a truck into a pedestrian bike path and murdered eight people and injured very seriously 11 more. all of america is praying and grieving for the families who lost their precious loved ones in this horrible act. our hearts break for them and we pledge to renew our resolve in their memory.

my administration is coordinating closely between federal and local officials to investigate the attack and to further investigate this animal who did the attacking. and updates will be provided as available. i am today starting the process of terminating the diversity lottery program. i am going to ask congress to immediately initiate work to get rid of this program. diversity lottery. diversity lottery sounds nice, it is not nice. it is not good. it hasn't been good. we have been against it. so we want to immediately work with congress on the diversity lottery program on terminating it, getting rid of it.

we are on a merit based program where people come in based on merit. and we want to get rid of chain migration. this man that came in or whatever you want to call him brought in with him other people, and he was the point of contact, the primary point of contact for -- this is preliminarily 23 people that came in or potentially came in with him. and that is not acceptable. we want to get rid of chain migration. and we have wanted to do that for a long time. and i have been wanting to do it for a long time. and we will be asking congress to start working on it immediately. there are bills already about ending chain migration and we have a lot of good bills in there. we are being stopped by democrats because they are obstructionists. and honestly, they don't want to

do what's right for our country. we need strength, we need resolve. we have to stop this. we are going to get rid of this lottery program as soon as possible. he came in through the diversity program as you know and we are going to stop that. we are going to as quickly as possible get rid of chain migration and go to a merit based system. terrorists are constantly seeking to strike our nation and it will require the unflinching devotion to our law enforcement homeland security, and intelligence professionals to keep america safe. we will take all necessary steps to protect our people in our communities and to protect our nation as a whole. we have to get much tougher. we have to get much smarter, and we have to get much less politically correct.

we are so politically correct that we are afraid to do anything. and that's not only our country. that's other countries too. that are having very similar problems. we have to get tough, we have to get smart coming up to do what's right to protect our citizens. we will never waver in the defense of our beloved country, ever. and we will never, ever forget the beautiful lives that have been taken from us. that was a horrible event and we have to stop it and we have to stop it cold. we also have to come up with a punishment that is far quicker and far greater in the punishment these animals are getting right now. they will go through court for years. at the end, who knows what happens? we need quick justice, and we need strong justice.

much quicker and much stronger. then we have right now. what we have right now is a joke, and as a laughingstock. and no wonder so much of this stuff takes place. i think i can speak for plenty of other countries that are in the same situation. so with that being said, we will be starting our cabinet meeting today. it'll be a discussion that will focus on vital issues of tax cuts and tax reform. it'll be the largest tax cuts in the history of our country by far. the house is doing very well. they've taken an extra few hours which will go in tomorrow and will be announcing, and i'll probably be standing with them as you know for asia, leaving on friday morning. so i will be standing with them

sometime tomorrow to be will be announcing a massive tax cut and reform. not just tax cuts. tax cuts which to me is the most important. it'll be tax cuts and reform. our economy and our country cannot take off the way it really should so it's really, really competitive but the rest of the world unless we get the kind of tax cuts for companies and are middle-class, our workers unless we get the jobs we need. he can't really take off until we get the tax cuts. this week, the house ways and means committee will unveil a historic tax plan that will create new jobs, higher wages, which hasn't happened in many years and now is starting to happen. i'm happy to tell you, many, many years people making less

money today than they may 20 years ago. you've heard it many times before. but it will lead to tremendous prosperity american families, communities, and also where a job businesses. at the center of our plan are tax cuts for the working americans. we will reduce tax rates, increase the amount of income that is taxed at zero and increase the child tax credit which is very important to families. we will make the tax cuts simple and fair so that the vast majority of americans can file their taxes on a single sheet of paper. we will be simplifying. it will be called simplificatio simplification. our tax code. we will restore america's competitive edge by lowering taxes on america's business for the first time in more than 30 years, and that will be historic time. right now, other countries are

so far below us and then when you wonder, you see all these companies leaving one after another, they leave when it's not going to be happening. i'm telling you, i've stopped even before this but we are going to be stopping it in full. people are coming back. we we will be announcing very shortly possibly right after i get back, a major company that is moving back into the united states. it's going to be a major name. people are going to be very surprised, especially the country from which they are leaving will be surprised. under our plan, we will go from being one of the highest taxed nations in the world to one of the lowest, meaning more jobs, more factories, more plants, more opportunities right here in america where we want them. we will reduce taxes for businesses of all sizes. i must say that we are also negotiating right now, we have a full team here, tremendously different trade deals.

trade deals are horrible. they were made by people that honestly, it's sad. it's very sad for our country. every trade deal we have is disastrous. we are renegotiating our trade deals. and if we have support from congress, we will make trade deals that are horse shows into very good and respectable trade deals that are good for both countries and many countries. very important is that we renegotiate our trade deals with mexico as an example, we have a trade deficit of $71 billion. that is nafta. we have trade deficits with china that are through the roof. so big and so bad that it's embarrassing saying with the number is but you know what the number is. i don't want to embarrass anybody four days before i land china. but it's horrible.

and you look all over the world no matter where we can trade, we have bad trade deals, we are renegotiating those deals. that's going to be a big factor in our growth. finally, our plan will bring back billions of dollars from offshore my trillions. we have in my estimation $4 trillion that will come pouring back into our country will be put to work and will be spent by our companies that could never get the money back for many years. interestingly, it is something that republicans and democrats have agreed on for years, bring the money back. and what's not to agree? bring the money back they couldn't get it done because of his lack of leadership. they all agreed it should be done, they couldn't get it done. so we will be bringing that money back for rebuilding america. i will be announcing tomorrow the new head of the federal

reserve that will take place sometime tomorrow afternoon. i think you will be extremely impressed by this person. as part of our push to renew our prosperity, i'll also be making a very historic trip on friday as i said. the visit will take us to japan, south korea, china, vietnam, the philippines. your member the philippines last trip made by the president that turned out to be not so good, never quite got to land, and we will host meetings with world leaders across the indo pacific region. i look forward to it. we are to meet a lot of presidents and leaders of countries that have been friends and have become very good friends of mine, and we have great trade relationships other than the fact that we are right now being taken advantage of, but i think they will start changing them pretty quickly. he administration officials

including secretary mnuchin and gary cohen will be staying back from the trip to asia to remain vigilant in making sure the tax cuts passed, so if i have any problems, i will be blaming secretary mnuchin. believe me, will be hearing from me. but i think they're going to do very well. we are doing very well and the house has been working really hard, and they are coming up with a great plan. in the senate is coming up with a great plan and it's going to be put together and something is going to come out of that that will be really something very special. again, we are doing senate, doing the house, it's put together and then we have our beautiful new tax cuts and reform and i think it will be very special. i am also counting on our great vice president mike pence and

the rest of my cabinet to continue to push for the tax cuts on the reform while i'm away, and they are going to be all over the country. they will be all over the country working on it, but specifically, they will be working on the members of the house, members of the senate. we think we will actually get some democrats to join us in the senate because frankly, i actually think they will lose their elections, those communities in those states because the people of those states and the people of all states need tax cuts. again, we are the highest taxed nation just about in the world. we need tax cuts. so with that, we will start our cabinet meeting. we have a wonderful group of people. we have a great cabinet. we are doing an incredible job. i don't think we've been given the credit that they deserve but that doesn't matter. we will let you know when it's time to tell you about it. but we have done at the border,

we have done a fantastic job. we have done great with the military, isis is being decimated. they are being decimated. they quickly moved to other laces in the world like africa and others and we are there to meet them. this has never happened. we have done more to annihilate isis then eight years of the previous administration. so we are doing a real job. we are making tremendous strides in afghanistan also and i think you see what's happening. you see what's happening. so we have done a largely, really a job that's been very well respected by many. one of the things that has happened that nobody is paying attention to what you're going to see it this week our judges, federal judges not only justice gorsuch, who is doing

fantastically on the supreme court, but we have many judges that are being approved at the district level, federal district judges and court of appeals judges read it will have at this moment, we will be up to fairly soon the approval of 145 federal judges and the court of appeals about 17 at this moment. so we will have a big percentage of the court will be changed by this administration over a very short period of time. i don't believe other than perhaps when they started the whole process, i don't believe anybody has come close. so we will have 145 and that number will be increasing with time. 145 district or judges and we will have 17 court of appeals judges, i must tell you "the wall street journal" gave us great reviews on that, really fantastic reviews but i think

it's a very important element that should be pointed out because a lot of people don't know it. so again, tomorrow is a big announcement and we will have another announcement having to deal with the tax cuts. that will be tomorrow pretty early. but i appreciate it read i will see many of you on a trip to asia. thank you very much. i would certainly consider that, yes. i would certainly consider that. send him to get mail. would consider that. they say he came in through that program. we are looking at it. he came in. it's very simple. what we are demanding is merit-based immigration. we want people that are going to help our country. we want people that are going to help our country safe. we don't want lotteries.

where the wrong people are in the lotteries and the suckers that get the people and we want a merit-based system and we do not want to change migration where someone like him ultimately will be allowed to bring in many, many members of his family and we don't want that. thank you all very much. they could. they certainly could. he did. they certainly could represent him. thank you. thank you very much, everybody. thank you very much. i think janet yellen is excellent. i think she's excellent. i didn't say that, i think she's excellent. thank you very much. >> sandra: following

yesterday's terror attack in new york city, the president with the rex tillerson and his defense secretary at his side james mattis, and we have to get talking about american citizens. breaking news for the president just now. he said he wants to start the process of terminating that diversity program, the diversity lottery as he referred to it, and he tweeted about this this morning calling it a chuck schumer beauty. it's a state department program, saying it's not nice, it's not good. we want a merit-based program for this country. coming to this country based on merit. he wants to get rid of chain migration, and he reiterated that multiple times. he moved on to democrats, calling them obstructionists. he addressed tax reform saying we will get beautiful new tax cuts and reforms, now is the time to redouble our efforts. at the head of that meeting, he also previewed his trip to asia which begins on sunday. we are going to open it up to the couch with this because he ended by taking a couple of questions. he was asked as the suspect going to gtmo?

he responded all considerate. he also said what we need is justice and we need strong justice. what we have right now is a jok joke. >> andrew: i profoundly disagree with him that what we have right now is a joke. the joint terrorism task force, which is operated out of lower manhattan prosecutes terror suspects in federal courts. they have never lost a case, many of the defendants have been sentenced to federal prison for the rest of their lives. they are superb prosecutors. they do provide swift, certain, and fair justice. about gtmo, this person has terrific as he is, as a lawful american resident, he has the same rights except for voting and running for office is the rest of us. there is simply no provision for terminating his constitutional rights by putting him in the hands of the military and taking him to gtmo. >> sandra: is that okay with you? >> andrew: it is not okay with me and is not okay with the constitution for the president

or someone in government to decide you don't have constitutional rights, we are sending you to gtmo. it's horrible what he did, he killed innocent human beings. he will face justice. he is tried in the state courts here in new york, he cannot be exposed to the death penalty. if he is tried by the joint terrorism task force in lower manhattan for committing acts of terrorism in the united states of america, he will probably be convicted and he can be executed. that would be fair, lawful, and constitutional. but if they sent him to gtmo, it would be unfair, unlawful, and unconstitutional. >> harris: i just want to know about when the process starts? he is hospitalized right now with nonlife-threatening injuries, so we are told. when does this process start? >> andrew: very quickly they will have to decide. state jurisdiction in new york or federal jurisdiction in new york. >> sandra: president breaking news started the process of terminating the diversity program you heard catherine herridge report earlier, it's not good, it's not nice. he wants to do away with it and

get rid of chain migration. the president at the white house just a few moments ago, more "outnumbered" in just a moment. you always pay

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>> sandra: ahead of his cabinet meeting moments ago talking about the process by which the accused terrorist who

committed this heinous act in new york city yesterday afternoon came into this country addressing the diversity visa lottery. he was introduced back in 1990 by chuck schumer, a democrat. the president called in that nice, not good. the state department program for it he wants merit-based system for entering. this targets people in in a wih people from countries with low immigration rates. there was a debate that is building by the minute on this. bill gavin joins us now, the former head of the fbi in new york. to weigh in on this. what is your take and you heard what the president just had to say about this. >> i think that we really have to back up and look at what the president is really trying to say. we want to try to bring into this country individuals who are promote this country, who have devotion to this country, who love this country, and who are not criminals or have a

predisposed mind to do something evil to this country. that is basically what he is saying. how will they do that is a very difficult problem. >> sandra: are you okay with him saying he wants to terminate the program? >> first of all, i would have to look at the merits of the program and how it has worked. we really don't know anybody else that might have been brought in without that and the relatives brought in the same way that very well at all. it's difficult. i don't think i can make a general statement as to this ought not to be done anymore. >> sandra: if you can stay with us, judge andrew napolitano was on the couch. >> andrew: always a pleasure to see you and to work with you. take us to the process now that they government is going through as it decides and the nypd and the estate prosecutors in new york city, who gets custody of him and where he will be tried? >> i think you summed it up very well in the previous segment.

wherever they can have the best case with the harsh -- harsh might not be a good word -- with the most severe penalty for conviction is probably where he will go. the joint terrorism task force has brought the country that produces marvelous results with new york being the premier one of course. but if this gets tried federally in the federal district court in the southern district of new york, then i think he is exposed to the death penalty whether or not that will ever happen to somebody else's thought. that is the conversation that is going on now. i think everybody in law enforcement and everybody on the prosecution side of the house really would like to see him face the most stern form that he can face. >> sandra: lisa boothe has a quick question. >> lisa: chairman mccall said we are looking at 1,000 people in 50 different states. does law enforcement have the tools they need to fight terrorism within our own borders? >> is a very difficult question.

the basic answer was no. but we do have, the ability to capture electronically the conversations and everything. we have the ability to capture it, but we don't have the ability to monitor all of the information that we capture. and the argument could be made with capturing too much and if we can press that, maybe we can monitor more. that is probably true. but where'd you put the perimeter, how do you set those guidelines to say we don't want it for this, we do want it for something else. it's a real conundrum. >> sandra: thank you for joining us on "outnumbered," good of you to be here. >> it's my pleasure, thank you so much. >> we will have more "outnumbered" in just a moment.

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terrorism in new york city. >> sandra: we'll be back tomorrow noon time. here's harris. >> harris: terror returns to new york city and the suspect pledged allegeance to isis. i am harris faulkner and eight people are dead and 12 injured, some in severe condition. he mowed them down blocks from ground 0. he yelled allah akbar before he was captured by the police. and it is a different. it was a errie scream.