>> thank you for joining us. >> "outnumbered" starts now. >> harris: we begin with a fox news alert. republicans on the house intelligence committee are drafting a contempt of congress resolution against fbi director christopher wray and deputy attorney general rod rosenstein. the committee says they are still mulling on information and fbi officials rolled to hillary clinton email investigation. the agencies have until the end of today to turn over all requested materials or the resolution will be triggered and presented next month. this is "outnumbered." i'm harris faulkner pretty here today, host of candy on fox business, kennedy herself. from a national security staff or under president bush and obama, gillian turner. from a deputy spoke person for the state department, marie

harf. today's guy in the middle, former u.s. ambassador to the u.n. and fox news contributor, john bolton is outnumbered although he tells us often that he doesn't feel that way. >> exactly, great to be here again. >> harris: happy monday. >> kennedy: he fights ninjas in the alley for practice. >> harris: i've seen him. this will be a walk in the park. good to have you. look get to it. house until chairman devon nunez says the fbi director and deputy attorney general are stonewalling on information about an fbi official who played a role in hillary clinton's email probe. justice department says it is complying and will continue to do so. but republicans want to know more about that fbi official. after "the new york times" and "washington post" reported special counsel robert mueller removed him from his team after it came to light that official wasn't sending anti-trump text messages while investigating the email use. the generals already looking into how he handled the clinton email probe. he happens to be the one who did

the interview with clinton back in july just three days before that fbi director james comey announced he was not recommending any charges against hillary clinton. president trump suggested this morning there's a double standard. >> hillary clinton lied many times to the fbi. nothing happened to her. flynn lied, and they destroyed his life. i think it's a shame. hillary clinton on the fourth of july weekend went to the fbi not under oath. it was the most incredible thing anyone's ever seen. if she lied many times. nothing happened to her. flynn lied, and it's like they ruin his life. very unfair. >> harris: the latest revelations raising questions for several lawmakers including republican congressman peter king of new york. >> this raises very real questions about the for the clinton investigation. but he who was so high up on it and that investigation who was involved in this final statement in making decisions, the fact that he was so anti-trump is

right in the middle of it. really puts a whole shadow over the findings of that investigation and the decisions that were made. why they focus on intent when intent is not required. he's talking about a shadow over the whole investigation. what do you think? >> john: there were a lot of things going on in this and part of it as a legitimate question of separation of powers. i speak as a department of justice alumnus and there is something i think it legitimate in congress getting involved in the specifics of criminal investigations. particularly while they are ongoing. there's more to be said once an investigation is concluded, but here the fbi agent in question is now the subject of the department of justice inspector general investigation. the one thing to go after that hillary clinton email issue which is concluding quite something else to look into muller's investigation of the

administration. although being opposed to the independent counsel concept in principle i would like to see that shut down as soon as possible. >> harris: do these things start to kind of negate one another, what we saw with general flynn on friday and all of the deals that he made, is it possible that any of this had to do with that? finding out that there's a guy who is anti-trump inside of the fbi? >> john: i think this is a serious potential problem for the fbi. when you put as much power as we do in the hands of the fbi, federal prosecutors, it has to be exercised under a very careful basis. in these kinds of political statements: to question just how truly nonpartisan objective, his investigation was. i think it's part of a bigger problem of criminalizing american politics. we are very much at risk of descending into third world for each new administration puts his predecessor in jail. that's not something we should be doing. but we're getting very close to it because the lack of faith in

our institution like the fbi, like the justice department is being called into question. >> harris: figuratively or literally. >> marie: i think makes a really good points and to your question, though flynn guilty plea on the ongoing muller investigation, i do view it separate. the inspector general of the doj is looking into this fbi agent. they will issue a report after they've done an investigation and it seems to me like members of congress should wait until the i.d. looks into this, not threaten this contempt citation which seems to me to be a little bit of grandstanding. the fbi seems to be taking this seriously and looking at this agent. going back to the hillary clinton investigation, multiple people worked on that. people can disagree with the outcome, but i don't think it's fair to say that he necessarily. >> harris: interview with hillary clinton.

the former fbi director had written maybe not his conclusion, but his thoughts on it. it doesn't look good. >> harris: i'm not saying that's why but it's in the constellation of events. >> kennedy: look look at the influence that one person you have on the investigation. he was lead investigator. he is also someone that, now there were questions about how we know these things and how much the government spying on himself but also some of these text that went back and forth they were anti-trump from this agent and his mistress who at also worked at the fbi. >> john: because there was a central element to this investigation that is particular information was at the center of which is is there a requirement for criminal intent in the handling of the emails? i think it's clear that gross negligence was sufficient. this guy concluded it wasn't and persuaded comey of it. >> gillian: didn't give them to the attorneys to look at tha

that. both stores that we are talking about, the contempt story and the fbi agent who is potentially sort of political here, i see them as both kind of emanating from the same root cause, which is not saying this is president trump's fault, the president trump's feud with intelligence community. it has been raging since the campaign. and that's the fallout we are seeing now. and when they fear is that in this situation, everybody loses. because you lose -- everybody loses trust in the institution, the fbi and the intelligence community will resentful of the president, that is an ugly. >> harris: i would argue this and from what the president said this morning, the fbi may be losing more than anybody. this is what the president tweeted. maybe people see it this way. after years of the former fbi director james comey with a phony and dishonest clinton investigation and more running

the fbi, its reputation is in tatters. the worst in history. but we fear not. we will bring it back to greatness. >> gillian: but the president has hurt their reputation more than anybody else i would argue. >> kennedy: to your point, i don't think it's a politicization meaning republican versus democrat. that's happening in congress, that is essentially given what and talk about grandstanding. the same, to have transparency. look to the documents. we seen so much, show us the rest of it. i also think it's about the deep state protecting itself. it's about the fbi agents were not necessarily democrat or republican, but they're protecting their good agents there and every time something like this happens, their hard work is undermined when you see that one person may have had a political ax to grind. >> that's goes back to what ambassador bolton was saying is that civilians not allowed to have personal private political

affiliations? >> harris: thankfully we have him here. speaker thing the person was from the fbi the most is james comey. i don't mean his legal conclusion, which was bad. i think the way that he handled it publicly for the greater glory of james comey was a problem. he never should've had the press conference where he said she's not going to be charged, but she was sloppy. he never should have the november letter. everything he did on that investigation called the integrity of the fbi. >> kennedy: very quickly, i agree with you about special counsel and if we are not going to have a special counsel and if were not going to reach some objective outside source, they have to police themselves better. if they have to do a better job of self investigation and so far, we are not seeing it. to carissa's point, that undermines the public trust. in fbi and the intelligence community in general. >> harris: i think the public sees the politicians no matter how high or where they are on the hierarchy are going to be

political beings. but they expect is for the fbi not to be. this brings into question again more than two times in a year, one with the former director and now with the investigation of his person who's involved in it or was, is this also as political as anything else? that's what drives the distrust. glad you're here. let's move on. just about a week before the alabama special senate election, republican leader mitch mcconnell dropped his opposition to that g.o.p. candidate roy moore. the president tweeting his outright support for the controversial ten candidate, polls showing at his neck and neck in alabama. what a moore victory would mean for republicans. and after historic senate vote on tax reform, republicans now working to get a bill the president's desk by christmas. all in on trashing the tax plan whether it's a good tragedy. we'll talk about it. stay close. hello, i'm an idaho potato farmer.

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>> kennedy: this is a fox news alert, start reconciling their tax plants and i. the senate passed its version saturday morning and there are some unresolved differences.

but the influential head of the conservative republican senate committee, senator very confident that they will get one bill for the president's desk. >> going to be a conference committee, members from the house and senate will get together to look for the best solutions, not far apart. fundamentally for the american public, double the standard deductions. double the child tax credits. we lower the rates and in terms of investing in america and the american first economy, all across the country as well as corporations to make us much more competitive internationall internationally. >> kennedy: how would they bridge those graphs? mike emanuel joins us live from the hill. >> won't be that bad to do the job.

the gloom of the senate bill to look little bit more like the house bill so we can iron out differences in easy fashion, some of the major differences are pretty much gone. >> let's take a look at some of the key differences between the two bills. first, look at the house proposal. it would preserve the affordable care act individual mandate. it makes permanent corporate and individual tax rates and the estate tax would be limited in 2024. the senate plan repeals the affordable care act individual mandate. the individual cuts expire, then the estate tax is limited, not repealed entirely. house majority leader is expressing support for at least one component of that senate plan, what it is the obamacare individual mandate. >> i think that's very positive. remember what that is, that punishes people for not buying something they don't want. what would you tax them on that? that's been able to pass the senate. >> the historic nature of what transpired late night friday

night in the senate chambers because you don't often vote to adjust the tax code. >> we've now made a 30-year decision. this may be the most important about any of us taking our career because this is in the reauthorization or even the farm bill. this is something going to affect every american, every business for decades. >> the houses to devote this evening and then go to congress and then we just how quickly they can work out those differences. >> kennedy: thanks so much. meantime, democrats are united in opposition to the tax overhaul. senator bernie sanders: the republican plan class warfare. in essentially calling the president a liar. >> president trump's allies continue. i'm rich, but i've got to tell you this tax bill is not the wealthy. it is for the middle class.

that is a blatant lie. >> kennedy: i thought of the president talking. what a great impression. in a twitter ran gone fireball blasting the g.o.p. process on the bill and saying it will hurt regular americans. watch. it would take a look at this. this is your government at work. here's the bill as is written. as the modifications as written. i can read one word. it's called language but this is unbelievable. we are doing massive tax reform on absolute incredible timelines. this is going to affect everybody in this country. it's going to shift money from middle-class families to the rich. >> kennedy: president trump with this warning as he counts his party successful senate vote with no thanks to democrats. >> 52 republican senators, 51 voted and we ended up doing and

we didn't need our great vice president to break the tie. we got no democrats help and i think it's going to cost them very big in the election because basically, they voted against tax cuts. i don't think politically is good to vote against tax cuts. >> kennedy: that's what the president is banking on. is he right? will tax cuts be the savior of this party? >> if this bill doesn't get enacted and signed into law, republicans are toast in november of next year. so adoption of this legislation is necessary, but not a sufficient condition for republican success. i happen to think it's a pretty good bill. i'm optimistic they're going to reach agreement between the house and senate versions. i think it will have a positive impact on the economy. as far as the process points of the democrats of race, life is hard. and too bad. so people look at the effect of the tax bill rather than the way

it was legislated like so much other legislation, i think it will be positive for the economy and positive politically. >> kennedy: he's absolutely right because the economy is going in the right direction right now. the president if he doesn't talk about it enough that with wall street and unemployment gdp growth. >> harris: wall street isn't telling me that the economy is going well for the people on main street. it never has. and an evening that's part of the argument for republicans. i think it's kind of smart that they haven't leaned in the 65 times the debt has broken the record or something like that will close outside of territory were seen before. >> kennedy: except for working people who have 401(k) plans and other savings grade >> it really that is their paychecks. but the first 24,000 is without tax, people will feel that. if it goes away which has been around since 1914, people will feel that too. and what it may feel like to them that there was a movement of that money and to quote one of our leaders today, can't

remember who said this, spending it on booze and women in regards the death tax. not everyone is in that learning category is actually taking and wanting to put it anywhere other than back into the economy. that they preserved. so there are some chips of money here that do require some explanation. but if the president moves in the corporate tax rate, it's going to be a discussion. >> john: the fundamental point to substantial cuts in the corporate tax rate than it make the united states for more competitive internationally. make it an effective tax rates to allow corporations to bring back to this country something like three to $4 trillion in earnings. not every company will invest those but they may clear up their balance sheets will return money to their investors, all of this is going to have a positive impact. the problem for the republicans was should've passed this in march.

>> gillian: extends beyond the differences between the house and senate versions of the bill. senator was right in that respect. ambassador bolton pointed out, the heart and soul of the senate version of this bill was the corporate tax rate reduction from 35-25%. i spent a great deal of time haggling over every percentage point on that scale. resident trump went out on saturday and said to reporters, business tax all the way down from 35-20. it could be 22 when it all comes out. you will see what ultimately shakes out. as under the difference of two percentage points. economists have now pointed out that would make a difference of about $200 billion of additional revenue. it sounds like the president is not really committed to the senate republic's version of this bill. >> kennedy: will look at this bill to the president's desk?

>> marie: i'm not sure if it'll be by christmas. they had to keep the government opened this week. it starts out on friday. they have a lot of other business and the goals i think are still pretty wide. just wanted a ticket for 2019 if you don't get it done before the end of the year. >> john: don't get it done before the end of the year. >> kennedy: they outnumber casino. president trump's stepping up his battle with the mainstream media. he says some americans could sue abc news after brian ross's false report on michael flynn briefly sent markets into a tailspin friday. plus, a growing war of words on capitol hill over what former national security advisor michael flynn may know and when the white house should be concerned about where the russian investigations are leading. we will debate that from the couch in a moment. stay right here. morning on the beach was so peaceful. until... it... wasn't.

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>> harris: a lot of new reaction to tell you about. as a former national security advisor michael flynn's plea deal and what it could mean for the white house. the top democrat on the house intelligence committee says it shows don't do my general flynn did not act alone. >> he wasn't acting as a rogue agent grade he was acting with a knowledge and at the direction of people who were senior members of the transition team that indicates to me at least that this is not the end of it by any means. >> harris: george w. bush's former attorney general mike in the case he says the deal suggests opposite of that. >> what made of it is that a lot of the heavy breathing and a lot of the speculation is completely unwarranted. that plea agreement does not to me indicate that there is much else there. >> harris: we mile meanwhile, president trump tweeted this. he has pled guilty to those lies rate it is a shame because his actions during the transition were lawful. there was nothing to hide.

no senator dianne feinstein of california says the judiciary committee is taking a closer look to building a case against president trump over russia. watch. >> i think what will be getting to see is the putting together of the case of obstruction of justice. i think we see this in the indictments, the four indictments and please that have just taken place in some of the comments that have been made. i see this most importantly in what happened with the firing of director comey. it is my belief that that is directly because he did not agree to lift the cloud of the russian investigation. that's obstruction of justice. >> harris: you agree with that? >> john: this shows what's fundamentally wrong with the whole concept of these independent councils. we have yet to hear a shred of evidence of any legal action involving the trump campaign

when the government of russia. but we have now are pleased to blank the fbi by two people, clinton campaign staffer. we have paul manafort indicted for crimes unrelated to the investigation. so here's the critical fact. the only crimes that are out there pay because of the investigation. that is to say, before the investigation, these crimes would not have existed. you're saying a of potential lying to the fbi, perjury, description, altering of evidence, obstruction of justice, conspiracy to obstruct justice, you could be indicted on all those crimes if the fbi were investigating your christmas list. that is something fundamentally wrong and goes to the point we discussed earlier about the criminalization of politics. this is very dangerous. >> harris: can i just talk about kind of the confliction if you will of facts with dianne feinstein? at first, democrats wanted james

comey out. if they were angry with the whole situation over hillary clinton and we think we have more emails. yes, we do right before practice we on the eve of the election. how that might have damaged her and how to the hillary clinton campaign was going. i think it's a little disingenuous when they beat the bushes about i'm angry because they fire james comey or that was obstruction of justice. >> kennedy: the only thing that would've happened if hillary clinton were reelected president's james comey would've been fired much sooner. >> john: generate 20th which is when trump should've fired him. >> kennedy: my problem with dianne feinstein's interview this sunday was she was trying to connect these dots between the indictments that we'd seen in presidential obstruction of justice. she also said the mood in the white house, and i'm sorry i don't know she took a weekend seminar in fortune-telling them about so far, it's very immatur immature. you can't have someone in power who is going to obstruct justice for misuse the power of the

office. i haven't proven that present trump has done that. it's a very, very serious charge that will rip the come country apart at the seams and we haven't seen that yet. democrats have to start acting as though we have. >> harris: the other issue here is that by firing james comey one that's how we got the special counsel robert mueller and last i checked, the democrats were happy because i thought that this guy was a guy who could get to the truth. >> gillian: to me, all this stuff, we know in the investigation right now is that general flynn pleaded guilty to lying to the fbi. so the next question becomes what did he lie about? we now know that he lied about his interactions with the russian government. that is the crux of the problem. we know that -- there's two cruxes, let me just what i said. there's the fact that he lied, but there's also what he lied about in the content of the conversations that he had with the russian government.

is what he lied about. i think that's equally important because -- i think president trump is saying that to win his tweet. he saying i had to fire him because he lied to the vice president. what we don't know was if he lied to the president. and that will come out in the investigation. we don't know whether what he said to the russian ambassador was directed by anyone or came from him just taking national security into his own hands. but he wouldn't any other administration -- >> john: we don't know he said to the russians. for god sakes, don't do anything, going to lift the sanctions on obama imposed. there's absolutely nothing wrong with that. the new incoming and administration is perfectly entitled to tell anything. >> kennedy: i'm not saying that be wrong. >> john: why did he lie? >> harris: that's a great question. >> john: to me, it's incomprehensible but if there is an explanation, it's because it was embarrassing. it's embarrassing because.

>> marie: what you said earlier, life is hard. lying to the fbi's criminal. >> john: only because of the investigation. of course he shouldn't have lied. but here you created an independent counsel utterly out of control. >> gillian: what if he also lied to the president. we already know that he lied to the vice president. >> kennedy: if any enemies or she was going have any conversation with the russian government about fighting isis. >> marie: what is the plea deal? [all talking at once] >> marie: they wouldn't have given him that deal that they had that offer. trust us, we are going to go ahead and invade iraq. >> john: let's come back to that. there's no crime here. i think dianne feinstein is right. this whole thing is water hot air. >> kennedy: speaking of hot air, president trump blasting

"abc news" after the network suspended its chief investigative reporter brian ross for four weeks. ross erroneously reporting on friday that form a security advisor michael flynn would testify that then candidate trump told staffers to make contact with russian officials. it was actually when trump was president-elect. there's a difference there. president trump tweeting "people who lost money when the stock market went down 350 points based on the false and dishonest reporting of ryan ross of abc news should consider hiring a lawyer ensuing abc for the damages the bad reporting has caused. many millions of dollars. meanwhile after the network is forced to issue a correction, abc news saying in part they deeply regret the error and the report had not been fully vetted to our editorial standards assess. >> harris: can i ask a question? when you basically have your erroneous reporting take down the stock market for just a moment. didn't take long, it came back,

when you disparage the president, the sitting president, not then candidate, nothing like that but as president in your reporting and get it wrong, how did they come up with for weeks without pay? >> marie: you've never done that, here is? not everyone can be held to your high standards. >> harris: not funny. i did they come up with this exact list of repercussions for him? when at a firing? >> kennedy: there are too many reporters who are lazy, sloppy, they don't care about whether they get the facts right, just big into the side of the couch that's been in the government, how many stories have we seen that involved us for issues we are dealing with that or just flatly wrong? forget whether it's left or right, republican or democrat, too many reporters who don't do their job. this guy is the first in a long time that i'm aware of who's gotten some penalty for it. the only thing i see, said is it should've been fired sooner. >> kennedy: i will say this.

there were reporters from several news organizations who jumped on him immediately. not necessarily conservative editorialists but seeing this as reprehensible. what it does is it hurts a journalist to do to do a good job. there were a journalist every day across media outlets who are trying to get the truth, trying to do good work and where there is someone like gives president trump people who don't like, inclined to not trust the media, gives them a really powerful data point which hurts legitimate journalists when they are trying. >> harris: or just allow some to say this is wrong. let's take the game of scoring points on it. it was wrong. i brought up dan rather, remember and what happened back then with former president bush. >> john: you never get to strike back. they have more ink than you do. they just get away and never bear the consequences of it. this guy should bear some consequences big time.

>> harris: four weeks without pay. very arbitrary thing. i wonder where that comes from. how exciting. he know who doesn't? voters in alabama. neck and neck with just eight days to go until voters head to the polls. in battle candidate and what will this raise me and for the agenda? plus house investigators making headway in their search for answers on whether the obama administration use that unverified anti-trump dossier to justify surveillance on the trump campaign. details on all of that next. my friend susie cracks me up. but one laugh,

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>> harris: house investigators taking a huge step towards answering seller's questions about that anti-trump dossier funded by the clinton campaign and the dnc. one of the biggest outstanding issues, wasn't unverified and largely debunked? is it a piece of opposition research used to justify then surveillance of the trump campaign by the obama administration? and the justice department is permitting the house intelligence committee to interview the fbi official who worked with christopher steele, the british spy behind the dossier. ambassador, this is definitely in your wheelhouse in terms of what are we looking at your? a british spy and some information floating out there about a guy running for president and maybe it was used against him. but it is a lot here we still don't understand. hopefully this interview will help cut through. you have to ask yourself, what are the fbi think it was doing? when this dossier rolled in? if it was in fact used as the basis of a court application, i think they're going to go ballistic because this really

compromises the process here as well. part of a larger concern about what the fbi under james comey was doing. so once again, because of the damage that's been done overall the fbi credibility, we need to know. >> harris: look at all the other things that we know this week about something going on in the fbi. you had at least one anti-trump person on an important investigation within that agency. which is it necessarily to conflict these issues, but it's all around it. >> marie: i think the court takes its obligations very seriously when it either says yes or no to an application. we don't know that because there's no transparency at all whatsoever. permitting of ever heard in my experience limited in government but with that court was a take that job very seriously. i agree with the ambassador close get more information. we don't know all the facts here. we'll see what the outcome of that is. my suspicion is that the court

application if there was one and i don't know that there was one, if there was one, contains a lot of information from a lot of different sources in a lot of different places, i would be shocked if they relied solely on this to get a warrant. >> gillian: it almost defies belief that that scenario take place. and put it this way, the dossier that was provided to the fbi ultimately proved to be some type of source material that they used in order to get a pfizer warrant, every word, every letter of that dossier would have been verified. >> harris: we know that, they want to quote both of you because i take it seriously. that's how we know that? you have it because of how they structured. >> kennedy: we don't know how they're structured. they could've been spying grade [all talking at once] why was christopher steele still working with the fbi?

of the job is taken so seriously and there's so much transparency, why was it still -- and maybe some of it is not so with the ratio? >> john: i've actually sign the application at the end of the day. it is true that there is a verification process, but that's why the role of this particular dossier is so important. because it clearly was not verified. therefore, if somebody's direction was put into a application and played any role in it, i think it compromises that application and this is something that the court has to respond to in the justice department does because is ultimately responsible. this is not an fbi matter. this is something jeff sessions intake. >> kennedy: with his recusal, can he do that? be three appeared before the court and that affects

everything that will happen for him to let next three years. when the president thrown his support behind and battled g.o.p. senate candidate judge roy moore. he says republicans need him for their agenda. the race is neck and neck. voters head to the polls a little more than a week. in war way to? what would it mean for republicans? stay close.

>> kennedy: we've got more "outnumbered" in just a moment. first up, let's touch base with harris faulkner and what's coming up on "outnumbered" over time in just a few moments. >> harris: thanks for waving back. south korea getting ready for their biggest ever joint military drill and as that happens, north korea is morning as tensions flare up as to nuclear war. the u.s. will be held responsible. which of the trump administration do next? event tomorrow, the supreme court is set to hear the case of the baker who refused to make a wedding cake for a same-sex couple. citing his religious beliefs. it's the first big test of gay rights since the high court legalized same-sex marriage. we will talk about it, a debate you won't forget between two young scholars who battle it out on u.s. campuses all the time. >> kennedy: thank you so much.

so the alabama senate races going down to the wire. republican roy moore and democrat doug jones are neck and neck. when university polls showing moore ahead by three points while "the washington post" poll has jones ahead by three points. jones is stepping up his attacks on moore. >> he's been an embarrassment ever since he's been elected. he's been removed. these ads that he runs talking about 40 years of honorable service, he's been removed from office twice. he's been kicked out of office. >> gillian: meanwhile, senate majority leader mitch mcconnell appears to be changing his stance on moore after earlier calling on him to drop out over sexual misconduct allegations which moore has denied. >> people of alabama are going to decide a week from tuesday who they want to send to the senate. it's really up to them. it's been a pretty robust campaign with a lot of people weighing in. to the president and i of course supported somebody different

earlier in the process, but in the end i'm a the voters of alabama making their choice. >> gillian: offering his strongest support you have to wymore pretty tweedy today, democrats refusal to get even one vote is why we need republican roy moore to win in alabama. we need his vote on stopping crime, illegal immigration, border wall, military, pro-life, v-8, judges, second amendment, and more. note to joan, of pelosi-schumer puppet. moore responded saying thankful for president trump's support, the america first agenda will make america great again. can't wait to help drain the swamp. the white house today saying the president had a positive phone conversation and endorsed his campaign. so folks, it sounds like this eight days is going to be a long eight days. >> john: i don't know what else mcconnell could've done. he called to withdraw from the race earlier and hasn't done it

this is quite obviously it is for the people of alabama. the issue i think is what happens if moore wins and shows up to washington to be sworn in. it's pretty clear from the president on the house side, moore meets the constitutional qualifications. he will be sworn in as a senator and the question is will he be expelled as a number of people. the effect that would be a worse case scenario, don't you think? >> john: nobody in the house is ever expelled anybody before they become a member of congress and that's a pretty big bridge. >> gillian: i don't think anybody has ever been expelled for sexual misconduct. so that would be. >> kennedy: the current makeup of the u.s. senate, i think that's a prerequisite. both parties are in a race to the bottom. by the way, can't just undo an election because you don't like the results. that's my republicans have been saying to democrats his entire time, they have to take their own advice and it's an unfortunate situation got bless the people.

you know how the senate choosing other members of the senate which is not really great for anybody. i would use a stronger term than unfortunate. we have talked so much on this couch and all of the shows about this moment of reckoning. we are having in this country about sexual assault, sexual harassment, multiple media figures have lost their jobs. comedians have lost their jobs. >> kennedy: that the private sector. space is i'm not saying it's the exactly the same thing. it's something called a double standard. at the time our politicians, donald trump got elected president after being accused of a lot of these kinds of conduct. it is amazing we are talking about members of the senate, members of the house, politicians, which of the standard be, should they have to resign, should they get to run in elections? yes, the voters should decide let's put it against his back drop of a discussion of this country about men behaving badl badly. be through happened is the private sector has responded very quickly and very harshly

against the public sector. the democratic theory here, the people of alabama are going to decide and they may not come to the decision but they've got the first shot. >> kennedy: i will tell you this, we have more "outnumbered" in just a moment. stay here. the best simple salad ever?

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this week. here's harris. >> harris: a fox news alert as we begin "outnumbered overtime" right now with alive picture of the president of the united states, he has just arrived to salt lake city, utah. this is a planned trip, he is joined by senator mike lee of utah and other dignitaries from the government on this issue. we know that as he was exiting, president obama irritated utah republicans by creating the bear's ears national monument on 1.35 million acres of land sacred to native americans and home of thousands of archaeological sites. the president may sign an executive order or take some steps to rectify what has happened there with the antiquities act. the importance of that is something republicans have wanted to do, to make sure there is a mask between the land that is set aside for the monument and that it is not an