>> sandra: market is down got to watch the close today on fbn. >> jon: going to be fascinating. >> julie: outnumbered starts right now. >> harris: it is go time. fox news alert on that critical vote this afternoon. house republicans are trying to pass a bill to avoid a government shut down. the deadline to reach an agreement is tomorrow at midnight. top democrats are against it because it does not include protections for some illegal immigrants. some conservative republicans are also against it, may vote no. a short time ago president trump said a shut down would hurt the economy and the military. this is outnumbered. i'm harris faulkner. here today sandra smith. the editor of town hall.com katie pacheco listen. former deputy spokesperson for the state department marie hamp and outnumbered this hour the editor and chief of the weekly standard and fox news contributor steve hayes is here. great day to have you. >> good day to be here.

good day to get out of washington. of course any day is a good day to get out of washington. >> harris: we will talk about washington though and we are glad you are here. >> thanks for having me. >> harris: lawmakers on capitol hill are cutting it very close they have until midnight tomorrow to approve a temporary measure to fund the government until the middle of february. the house meets later today we're told. the house can only afford to lose 23 votes before needing democrats to fill the void. conservative members don't appear to be on board just yet. and in the past hour, president trump arrived at the pentagon to talk about military strategy. and he suggested that democrats may be pushing for a shut down to stall a growing economy. watch. >> our tax cuts and our tax reform has turned out to be far greater than anybody ever anticipated. and i'm sure the democrats would like to blungt that by shutting down government. but, again, the group that loses big would be the

military and we're never letting our military lose at any point. >> harris: here is democratic leader schumer with some strong words against the plan and saying republicans will get the blame if the government shuts down. >> the revulsion towards that bill was broad and strong. we want to do everything we can to avoid a shut down, but we democrats believe if there is one, it will fall on the republicans' backs. who called for the shut down? not a democrat. but donald trump has repeatedly said on tape over and over again what the country needs is a good shut down. >> harris: democratic senator joe manchin says the only ones that are going to lose in a shut down are the american people. >> i believe we should work right through this. we should be able to work and keep this government operating the way we are supposed to do and to punish 300 million plus people is just ridiculous. long enough here people.

working through and getting an agreement that we can all agree on. >> so, steven, a couple of people now are popping um. you have got senator. it doesn't deal with daca. almost sounding like a democrat on that side. and then you have got representative massey in the house saying, you know what? i'm just not happy with all the spending. you just gave tax cuts and now you want to create more deficit. these are republicans. what do you say? >> there is another group of immigration who is not happy that there hasn't been a stand alone vote on provision or bill by judiciary chairman goodlatte. want to toughen up the immigration. have you got republicans in a variety of different camps. what paul ryan is trying to do is to use the old cliche herd cats. he is trying to get them together to pass this continuing resolution to get to the next continuing resolution. >> harris: because they really don't need democrats, indicatey. republicans can do this on their own.

what is the hitch and get along? >> i think it's fair to have the argument about spepsding. it's not great that it's coming up against the cr. but the fact is we just did have massive tax cuts and we haven't talked about spending cuts at all in the last year in terms of what republicans have run on in their campaigns for nearly a decade. so i think that's a fair conversation to have. what i don't think is a fair conversation to have a conversation that democrats want to have on daca right now. this is something they have some time on. they are not necessarily up against a deadline on this specific issue. and they are using it as a way to go after republicans in 2018 and they are using it as a way that they can get what they want in the bill right now. >> sandra: i know you had raj shaw on your show the other day. he is the white house deputy secretary he released a statement from the white house saying the president supports the continuing resolution introduced in the house congress needs to do its job and provide full funding to our military with the two year budget cap deal. as the deal is negotiated the statement reads the president's to ebb sure our military and national security are funded.

he will not let it be held hostage by democrats. >> harris: so i mean when you hear democrats saying no, the president has called, marie, for so much of a shut down, it actually has not been this cycle. it has not been about this very issue about this time with the cr. he want to see something done. he also said in a tweet that he doesn't want to see that very important child's health insurance program, chip, be tied to any sort of a cr. it should have a permanent solution. >> maria: well, what's interesting is the proposal that republicans on the hill came up with was for a 6-year extension of chip. so it seems like donald trump wasn't aware of the specifics of the proposal. that is not temporary. that is a six year fully funded program. >> harris: the white house is aware. i had raj shaw on yesterday. >> maria: the white house may have been. when donald trump tweeted this morning it not appear he knew chip was going to be funded for six years. the problem is lindsey graham said on the record we don't have a reliable negotiating partner in the white house. republicans have no idea what the bottom lines are

democrats have put a number of different proposals on the table. they are willing to compromise u but at this point, you have paul ryan, you are absolutely right, trying to herd cats. you already have at least two republican senators saying they will vote no. this will be the first time that a party that controls the white house and both chambers of congress in the modern era shuts down its own government if they do so. >> mark me down as skeptical that democrats really want to get a deal here. i think they are happy to have republicans in disarray like they're right now. you are absolutely right when you talk about the president's tweet this morning. it sue' as sewed confusion. senator feinstein's call for a clean daca. second on the fisa where he tweeted that morning and owed confusion. >> putting warrants out. >> there same reaction on capitol hill this morning. house republican leadership

this is the last thing we need the president to call into question the plan. he seems to be unfamiliar with what his positions are, what the white house's positions are. >> harris: you are starting to sound a little bit like chief of staff john kelly and we will leave that conversation to come up a little later. specific to this issue senate majority leader mitch mcconnell said we just need to know what the president will pass. what does that look like? katie, has the president not been clear enough? i mean, let's set the tweets aside. we know when he talks about this he does not want the government to shut down. >> katie: sure, burr the tweets come from the president. when he says something on twitter, that doesn't match up with what they -- what has been conveyed through official channels, people in the house, republicans in the house and the senate want to know specifically what the president wants. they can get his agenda passed. if there is conflicting message on social media versus the official channels where it has been communicated that is a problem. can i just say as an american this ridiculous c.r. every four months we have this huge crisis.

>> harris: fourth time. >> katie: passing bad legislation every single time because congress isn't doing their job on a permanent budget resolution every single year. it's ridiculous. it's absurd and they are not doing a basic function of their job over and over again. >> sandra: i hear a lot of frustration on both sides of the argument here. moving on to this, president trump and his chief of staff both weighing in on that southern border wall. the president has been promising. john kelly met with some democrats yesterday and border where a solid concrete wall is not needed. he said campaigning is different than actually governing and elaborated on his remarks. in an interview last night with bret baier. >> there has been an evolutionary process that this president has gone through as a campaign and i pointed out to all the members in the room that they all say things during the course of campaigns that may or may not be informed. this president, he has changed the way he has

looked at a number of things he has evolved in the way he has looked at things exafn and governing two different things and this president is very, very flexible in terms of what is within the realm of the possible. >> sandra: president trump tweeting this morning quote, the wall is the wall. it has never changed or evolved from the first day i conceived of it parts will be, of necessity, see through and it was never intended to be built in areas where there is natural protection such as mountains, waste lands or tough rivers or water. the wall will be paid for directly or indirectly or through longer term reimbursement by mexico which has a ridiculous 71 billion-dollar trade surplus with the u.s. the 20 billion-dollar wall is peanuts compared to what mexico makes from the u.s. nafta is a bad joke. writes the president. this as sources tell fox news that trump was, quote, furious over kelly's comments on the wall and told him as much when he got back to the white house last

night. he didn't like the words that john kelly used, including thought president has evolved and that he wasn't fully informed proclamation. >> i think bret did a fantastic job with that interview. he let john kelly talked. he asked him the questions and he got out of way. and john kelly talked and talked and talked. bret asked about "the washington post" story that had been published that afternoon that suggested that john kelly had told this congressional hispanic caucus that the president wasn't fully informed when he made his campaign promises, that he was evolving, that he was open to some compromise u that there wouldn't be a wall that mexicans wouldn't pay for it and now have you seen the president try to recharacterize those arguments. i think if you go back and look at the rhetoric that the president used during the campaign, this is different. what we are hearing from the president now is different. it's more nuanced. people will debate whether it's a broken promise or not when we get through the process. but, retorque tore rickly this is a different message that the president is seconding. the key point here with what we were just talking about on the shut down, these are

mixed message. president saying one thing and chief of staff -- >> harris: are they? >> katie: i don't think it's really fair for john kelly to be getting heat for using terms like evolved or saying things like the president is now governing rather than campaigning because sarah sanders uses that argument quite, quite often in press briefings. but in terms of the evolution of what has been said about the messaging to go back to the early early days of the campaign, i'm talking about 2015, candidate trump did talk about the wall in terms of a wall that went all the way across. and then that language changed going into 2016 to him saying half a dozen times there are natural barriers that we can use. we don't have to spend all the money building the wall all the way across, these things have changed. in terms of what they are going to do now, they have these prototypes ready to go in san diego. the president is likely going to go visit them. i don't know why this is part of the conversation right now when we're up against a budget dilemma.

>> harris: how early the conversation was it made it into the revamped republican platform if you recall. there was language in there that said wall our entire southern border. >> those words were actually part of that. so obviously there has been evolution. i'm just a little confuse you had about how we get to the point where the chief of staff and the president aren't on the same page going out. >> sandra: is that fair to say they are not on the same page though. >> harris: when you say the word evolved and taking exception to the word evolution. he doesn't like nafta but just said in a recent tweet nafta needs to stay. i think that is a bit of conflict. i'm just looking for the resolution of it so we can talk about. >> i think the reason that the president tweeted what he tweeted this morning was to correct or append additional. >> append to. >> what john kelly said last night and as you said in the intro fox's reporting confirmed that the president had been frustrated with john kelly. that certainly suggests to me there is tension there.

>> katie: to be fair too, presidents do campaign outside of trump everyone campaigns on a certain set of issues and when you get seated at the oval office desk, sometimes your views change on that. >> maria: that's okay. >> katie: best personal you can ask as former dhs secretary to brief him. >> maria: you knew the president would react to those words. you could count the minutes down. you knew. >> sandra: we saw them travel not guilty motorcade together. they were traveling together today. >> harris: it's not a divorce. it's just kind of going forward. of the president could own this. >> maria: it's a language issue. >> harris: i'm not the at this point wall politician. of course i'm going to evolve. own that too. >> difference is often you see these disagreements take place behind the scenes. with this administration increasingly we see the disputes in public. >> sandra: stinging reaction to jeff flake each bashing president trump over his criticism of the media.

whether other republicans agree and how the white house has responded. plus, sanctuary cities refusing to cooperate with an upcoming federal illegal immigration sweep in northern california. does this make communities less safe? and could city officials face consequences for their failure to comply? ♪ ♪ (vo) do not go gentle into that good night, old age should burn and rave at close of day;

rage, rage against the dying of the light. do not go gentle into that good night. ♪ ♪ ♪ ♪ [ click, keyboard clacking ] [ keyboard clacking ]

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>> harris: it was hot. new reaction now to republican senator jeff flake's speech on the senate floor yesterday when he blasted the president for his ongoing feud with the media. the senator compared the president's rhetoric to that of soviet dictator joseph stalin. fellow republicans weighing in. senator roger wicker said, this quote: i don't think that sort of speech is helpful. i disagree with those quotes. i don't see any need to further stir that pot, end quote. senator jim inhofe saying of flake who is not seeking

re-election, i think we all knew that. he hates him. he doesn't like the president. and it gets closer to the end of his time here, i think he is going to accelerate his rath against thwrath againstthe president. end quote. the white house had this. >> he is not criticizing the president because he is against oppression. he is criticizing the president because he has terrible poll numbers. and he is, i think, looking for some attention. i think it's unfortunate. >> harris: well, i guess you can get attention by lambasting the president when you vote with him 92% of the time. >> yeah, look, i don't think that what jeff flake is doing is primarily about attention. i think he does have these concerns. i have talked to him about it i think he does have these concerns. i think some of his concerns are legitimate. i wouldn't suggest that the president is comparable to joseph stalin. but. so things the president has said about the media being the enemy of the american people i think are irresponsible. the white house would be much better off in my view to make substantive

critiques of media bias and unfair coverage when they can. and there are lot of opportunities. >> harris: they do, actually. if you watch those press briefings on a regular basis there are examples. >> very good for the white house to push back on substance to correct erroneous reporting. >> the bush administration didn't do that hardly at all. certainly didn't do it often enough. it's long past time for conservatives to stand up to the mainstream media, to the establishment media and challenge them. >> harris: let's put the shoe on the other foot meaning senator jeff flake's. why wouldn't he want to handle it based on substance? why did it get personal? katie? >> katie: if you listened to what jeff flake said he said i vote with the president this is more of a personal issue. he believes now you have to be lamb bass stick in your approach to politics. you can't just talk about policy. the i agree with steve. the white house has a problem they just don't go after facts that are wrong. this a they tend to go after reports they don't like and call it fake as well.

they would be more effective if they would just go after the things that aren't true. that being said, i think jeff flake's speech is completely over the line. this president hasn't issued any kind of decree that is official with the government to go after the press. we haven't seen congress introduce any kind of legislation as far as we know the justice department isn't listening in on phone calls or watching reporters and what their movements are between government agencies as they tap in and tap out. i think we have a long way to go before what the president has been accused of. >> maria: what he has said and what he has done. who spech like that helping? for a senator to take to the senate floor. >> katie: the media likes it. >> sandra: to use that opportunity to compare the sitting president to joseph stalin. is that helping anybody? >> maria: i do think this is what he firmly believes. and it's not just about attention. believe me, i actually think he would be go home and never have the spotlight again. >> harris: he did have a book out when some of it started? >> maria: i read it it's a very thoughtful book. i don't agree with his

policies. you are allowed to do things publicly for good reasons. i think that's what he is doing here. one the biggest problems that he feels and steve, correct me if i am wrong, you know him better, i think he has been bothered that other republicans who are -- have a future in politics unlike he doesn't anymore, that they are not willing to stand up and -- >> harris: let me pick up on that point because, sandra, did you an interview this morning with senator rubio that i watched. what made an impression on me is when you asked him what did you think of the speech he said well, i wasn't there okay. i know a lot of people are busy. but it's a speech about the president on the senate floor and it struck me that he doesn't have that sort of, oh, yeah, we agree with you jeff flake. it might be because he compares the president to stalin, which by the way, was part and parcel how he built up, you know, eyeballs to the speech all week long he talked about that. >> maria: other republicans are trying to cover for the president even though they disagree with him privately. that bothers a lot of people. >> katie: the bottom line is if you have serious concerns about the way the president

speaks about the press calling them enemy to the supreme legitimate to have that kind of language you can't compare president trump to joseph stalin. it ends the conversation. >> harris: you can if you want people to watch your speech. >> katie: right. >> harris: he could have changed that. let's go to congressman steve russell and get his take on it and then we will bring this into the conversation. >> i think that both sides need to call a truce. it's not healthy to the united states. as the media tries to poke the president in the eye answered pokes back and all we got is a bunch of blind people that are mad about what's going on. >> maria: my question what does that mean? he is calling the president and the media to call a truce. i don't think i know what that means. >> i think i know where he is coming from. he is a smart member of congress. what he is saying let's focus on the real issues and not just trade personal barbs back and forth. like i said earlier, i think the white house. >> harris: is that realistic. >> no, it's not realistic. but, look, i can see why he

would make the argument. if you are a member of congress and you want to get back to actually legislating. the white house has legitimate beefs. there are some places you go where you are clicking around on cable or reading mainstream publications where the antipathy for president trump is so over the top. you can't even get a sentence out of his mouth and he is criticized or, you know, or minimized. but it's also the case that the white house is much better off focusing on substantive arguments when they push back on the press. >> harris: all right. we will move on. americans appear to be split over the fairness of robert mueller's russia investigation. what a new poll shows. and james comey's former chief of staff at the fbi is now on the hot seat. the questions lawmakers have about controversial memo that exonerated hillary clinton even before key witnesses and clinton herself were interviewed. we'll talk about it. stay close.

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>> fox news alert. president trump's attorney telling cbs news the president is, quote, very eager to speak to special counsel robert mueller. and that he wants to put the russia investigation to rest. last week the president said that any sit down would be unlikely since, as he insists there was no collusion. meanwhile new polling shows americans are split on whether they think the probe is fair. 48% think the russia probe has been fair, more than a quarter think it has not been fair. and about a quarter are unsure. but there is largely agreement that mueller should not be fired. 68% say mueller should be allowed to finish what he started. and steve hayes says what to do that? >> yeah. i think that's right. i mean, it's interesting to look almost 2 to 1 that people think that the probe has been fair. there have been, i think, legitimate questions raised by some republicans about, in particular, attacks back

and forth between the fbi officials who are involved in this investigation and raising questions about their ability to let their private views remain private and not affect the work that they were doing. >> and involved with each other and involved with each other there is a whole host of problems involving that it will be helpful to learn more. and it will be helpful to learn more about -- from james comey's staff as to what happened with that memo. why was it drafted in may when the statement came out in july. >> sandra: maria, somethin' tells me i can guess what you have to say. >> that is a fairly partisan break down i would guess. and that's not to be unexpected in this time we are living. in i do think donald trump is going to have to sit down with bob mueller there is a long history, think about president clinton's taped interview with ken starr i think he will have to. and the more he tries to negotiate out of it or says he shouldn't have to, it won't look good for him

publicly. he is going to have to and that will be a big deal, i think. >> katie: i think about six months ago the president realized robert mueller may be interviewing him. we haven't seen a direct attack on twitter about robert mueller in a while. another polling though most people don't care about the russia probe. though these people may have a opinion most don't think it's a main concern of theirs in their every day lives. >> sandra: there is a man in the studio carrying a big camera and he goal on the wall and show you the break down. maria, you brought this up, russia probe fair by party. democrats 72%. republicans 26%. independents 46%. >> harris: you said there was a man in the studio. i was looking around. >> sandra: he has a beautiful camera that he wears and he scans the wall for us. >> maria: its wish more republican could say take the issue of russia

interfering apart from the collusion and say they are concerned about one and want to prevent one. that doesn't give space. >> democrats, however, early on made one about the other. >> maria: those numbers aren't surprising. the number i'm very heartened by is the one that he should not be fired. i have think most americans should agree that he can finish out his investigation and it's important. >> katie: to address your argument of needing to separate the two collusion versus other, that may be true. however, this investigation is not separated that way. i mean, you have the indictments that have come down being not about collusion but about personal business dealings and lying to the fbi. it's difficult to separate those two things when the investigation itself isn't mixing them together. >> maria: interesting part of the investigation i think we will hear more about is the obstruction of justice piece. we focus so much on the collusion piece, but i think we are going to focus more on the obstruction. >> one thing to be sure of bob mueller and his investigators have a

mountain of information that none of us know anything about at this point. >> sandra: all right. if we could, i know we are going to get to the next subject but i wanted to break down the impression that is out there of special counsel robert mueller as this polling reveals. if lucky can scan the wall again, favorable 29%. unfavorable 29%. unsure in that category 42%. so, of those polled, many are just don't know how they feel about him or how they see him. >> yeah. and i think that's to be expected. remember, he received very high marks when he was named. had you people across the political spectrum saying bob mueller is a good person for this job. i think part of what they have tried to do dirty him up a little bit. cast some doubt o on him. >> harris: millions of dollars later. >> katie: fired fbi director james comey second in

commands fbi chief of staff will be on the hot seat today testifying behind closed doors to two house committees on the hillary clinton email probe. big topic why comey drafted an exoneration letter before key witnesses and clinton herself were interviewed. trey gowdy, chairman of one of the committees says there is evidence that clinton's case was handled differently from any other that fbi agents can recall. >> those exxonneration memo drafted in 2016 as a former prosecutor i just found stunning. i find stunning that a law enforcement officer would draft it two months before have you interviewed the target of the investigation and before have you interviewed almost two dozen witnesses. so we need to know what role, if any, special agent roebucky had in that. we need to know whether or not there was a prosecution memo. we have seen the non-prosecution memo. was there a memo laying out the case if they had decided to prosecute? and if not, why not?

>> katie: comey's former deputy expected to face questions on peter strzok, the fbi official who also played a key role in drafting clinton's exoneration. strzok was dismiss from the mueller probably forrics changing anti-trump texts with a bureau lawyer. steve, how does the credibility of this investigation and how they handled the clinton investigation affect the credibility of the special counsel? >> that's a good question. i'm not sure. but there are real questions about this investigation. i think trey gowdy raises one of them. stop for a second and think about what trade gowdy said. they drafted an exoneration memo two months before interview of hillary clinton the subject of the probe. that is extraordinary. i don't care how are, i don't care where you sit politically, how do you draft an exoneration memo before have you interviewed the key witness? >> katie: can you imagine robert mueller drafting exoneration letter of president trump? >> sandra: the defense of it has been it is not unusual to draft it in the direction that you think it's going to come out. >> but you haven't interviewed the key witness

or as gowdy pointed out 12 other keyens withs. his second question was there a second memo pushing towards something else. >> maria: i think that's an interesting question were they just sort of trying to get ahead a or b? we don't know? there are lots of questions. he will answer them. and i feel fairly confident there is not some like big pro-hillary clinton conspiracy inside the fbi. and we will get some answers to those questions. >> katie: don't they have an obligation to show that the american public. >> harris: if they were there with the way things leak i think we would probably know about it. it would make the system seem a lot more fair. so if only to exonerate one's reputation itself, i think they would float out that other side like oh we also thought she was guilty so we did these talking points, blah, blah, blah. we haven't seen anything like that. the word special has been throughout the hearings both public and behind closed doors. representative jim jordan said to me that his big question was, in fact, about

how was that word special really seen? was it special treatment? i mean, we have a lot of special. we have a special prosecutor. we have a special team within the fbi that was looking -- i mean, we have a lot of usage of that word. was it special treatment? i think it's important to get to the bottom of that. >> good question. >> katie: steve, what is the end game here? we keep hearing about investigating the special counsel and opening another investigation. the clinton story has been closed for a long time. are they actually going to reopen it should they find. >> if there are new facts, if we don't get answers to questions that i think are legitimate questions that deserve answers, you should reopen the probe. you should take a second look. we can't have those kind of things just hanging out there. however, i think the president has complicated this by repeatedly insisting in public on twitter after having initially said look, we are not going to push this anymore. now he has been tweeting we have to go after hillary clinton, you know, why isn't jeff sessions doing his job?

it gives a political gloss to something that ought to be a fact based investigation. >> katie: it's not over, that's for sure. california showdown with the trump administration reach allege new level. police in the bay area now reportedly refusing to help ice agents in upcoming raids aimed at arresting those violating our country's immigration laws. we will discuss the growing battle up next ♪

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tomorrow, it's a day filled with promise and new beginnings, challenges and opportunities.

at ameriprise financial, we can't predict what tomorrow will bring. but our comprehensive approach to financial planning can help make sure you're prepared for what's expected and even what's not. and that kind of financial confidence can help you sleep better at night. with the right financial advisor, life can be brilliant. >> maria: there is a new front in california's fight to keep sanctuary city status. oakland city council banning police frrl enforcing federal immigration laws the city's mayor saying quote it's no surprise that the bully in chief is continuing to try to intimidate our most vulnerable residents. acting ice director thomas oweman responding saying quote for politicians to prohibit one law enforcement agency from assisting another law enforcement agency with a public safety mission is uncon thennable

and poses dangers for local communities and for the brave men and women who carry the badge. steve, sanctuary cities are obviously incredibly politically charged. there has been a lot of the discussion but not a lot of debate actually recently as we have talked about immigration at large. where is this debate going from here? and do we think california is way out in front of where they should be? >> i think california, look, the kind of things we are talking about here, the kind of comments you hear from the oakland city council are the things that drive this polarization. they take people who would ordinarily be probably reasonable about accommodating dreamers or who have you and saying no, no, no these people in california want to avoid us enforcing the law. if you don't like the law, change the law, don't prevent federal authorities from enforcing the laws that exist. >> maria: in your area. >> i think it's outrageous. >> katie: we need to point out what ice is asking for. people have this impression that they're asking for local authorities to go in on their own and too do

these raids. they are not asking for that at all. they are asking if they find someone who has committed a previous crime who doesn't have documentation, who is suspected of being in the country illegally that they simply take them to a detention center and wait for ice to get there to interview them. that's all they are asking for. i have seen this happen in arizona. great relationship with them where the local sheriff's department will bring people to the jail. they treat them very well. they give them a full meal. they wait for ice to show up and it's ice's problem. they are not asking for local authorities to go into the communities and do the raids that ice now has to do. >> in some cases it's simply the referral. some cases it's simply saying here is the person who has broken the law. >> harris: that's true. you saw katie gesturing my way that's because we have both lived in the state of arizona. we deal with these issues all the time. i still have a home there part of the issue too, maria, you need communities to report. in you need to have the types of relationship with certain communities so they

cooperate. there are many people of diverse neighborhoods in arizona whom i have talked with who say you know what? we want it to be done legally. it keeps everybody safer. it keeps everybody on the same track to getting things done legally. you want those people to be working with your local authorities. so, when you don't uphold the federal law, when you allow people in your state to break it, it complicates the relationship that you have with people who are here, who want it to see even on their own behalf done in a legal manner. >> maria: i think it's a fine line because have you some police officers unions or representatives who will say we also need, ivan undocumented people to feel comfortable coming to the police. this is the challenge with sanctuary cities that the public debate gets pushed to both sides and there is not a lot of space in the middle to actually have a discussion. sandra, there has been some talk that the federal government wants to start arresting these politicians or leaders who refuse to enforce law who have sanctuary cities. that seems like a fairly extreme. >> sandra: see where this

goes. >> maria: do you think that's where it's headed? >> sandra: i don't know. i don't know. you have seen the moves by this administration so far and have you seen judges willing to block those moves. i don't know the answer to that do i know that we have all gotten a chance to hear from thomas homan, the affecting director at ice and some ofs have you spoken whim. he is adamant about these changes at the local level. this is severely affecting the people who live this these cities and states. and he feels a responsibility to speak out and do the right thing on that. mayor. >> katie: we have this illegal immigrant who murdered two sheriff deputies in northern california. in the courtroom just this week saying i wish i had murdered more. he was deported twice, came back twice. those are the kind of people, that criminal element of violent repeat offenders that is who ice is very interested in and very disenginous to say they are interested in everyone who comes here illegally because they're not. >> harris: all right. i am going to step in here. you see marion one there he is headed joint base andrews

in maryland. hop aboard he has now just arrived there. head to air force one. going to pittsburgh, pennsylvania, the president is visiting a company called hnk equipment. here is what we know he will be talking about. he is going to mention in his speech later today touting companies who are giving out those bonuses and pay raises. have you seen that list get longer in just the last few days. the president will say that pennsylvania alone will benefit from $11 billion this year. now, again, he is talking about the tax cut that corporations just got at the end of 2017. he is touting how that is a differencemaker, a game change if you will in our economy for jobs and opportunities in our country. for moneys that have been outside revenues that have been outside of the united states being brought in. you can expect him to maybe include comcast, which has a big pennsylvania presence. pnc financial, nexteer bank.

he may talk about apple. that's not on my immediate list. steve, a lot of times saying that the president needs ting to gel back to his strength at this point. this speech gives him the opportunity to do this, how? >> it sure does. look, he has a lot of ground to make up, flight when republicans pass this tax reform package, it wasn't popular. i think if people knew what was in it, it would be popular. and we're seeing these news stories about companies giving bonuses about repatriating money. >> harris: his own tweets. >> 90% of americans are going to see bigger paychecks when this is fully implemented. these are the kinds of things the president should be spending his time on. unfortunately from the perspective of many republicans they are distracted by the day-to-day back and forth the fighting that we see in the tweets and what have you. >> harris: couple things coming up that we don't want to miss. two days we will see the one year of the president's inauguration. and all of those promises that he talked about among

them were making america's economy great again. and so you have seen the dow, sandra, hit 26,000. last week we're saying 25,000, that's a la la la la, lifetime. and then 26 like a week later and then have you got a situation where people are opening up their paychecks in the next couple of weeks and they are going to see, many of them, some differences, bigger paychecks as fewer taxes are being taken out as some of those realizations of what were promised are happening. >> sandra: there has been 96 records of the dow since election day since this president was elected. he is going to be speaking at this manufacturing plant, important aspect of the president talking today. some feel the manufacturing jobs have not picked up at the pace that the president promised. that will certainly be part of this story. but, the message is key. because the president, you see it in the form of his tweets. but in response to apple's big news, he says this is a huge win for the american people, for the american winner, which it certainly

is to talk about billions of dollars and thousands of jobs coming back to the united states. many republicans are saying that is where this president is winning. let's stick to that message as we already in an election year. we will see what we hear from the president today. >> harris: all right, if you are just tuning in to outnumbered and wondering where are the people on the couch? this is joint base andrews, maryland and we are watching because of the man in the center of your screen the president of the united states who has just gotten off. he is making his salute there heading to pittsburgh, pennsylvania today. you heard sandra giving remarks about hnk equipment company where he will talk about the tax bill that just passed and made law and the difference that it's making in our economy already. but he is also expected to talk more broadly about the economy in general and all of the touch points that have happened since he became president. it will be one year ago since his inauguration on saturday, this saturday, january 20th. and, of course, the state of the union is coming up in a couple of weeks, too. where he is expected to

expand on taxes. and there is a tweet from just this morning from the president as he boards air force one. i will quote it: we'll be going to pennsylvania today in order to give my total support to rick saccone. rick is a great guy. we need more republicans to continue our already successful agenda, exclamation point. many are looking at the matchup between saccone and lamb as potential district bellwether. the temperature is on republicans at this point. the president is on board air force one. we'll continue to keep the picture up to the left of the screen. we will talk about more with this president. just days ago democrats flipped a seat republicans have held for 17 years in a special election in wisconsin. important for the president to make this trip, steve hayes, handicap it for us? >> sandra: if i can jump in for a second, this is the pea speciapaspecial election.

he is a supporter of the president. he claims to be trump before trump was trump. so and the president is tweeting as harris has read full support of this candidate this morning. not only going to tout the economy and success of jobs and stock market but political purposes. >> harris: to make sure i saccoene takes that seat. >> hasn't done well in special elections. look at margins trump won in these districts in 2016 and compare them to the march jirns for republicans, even when they have won in 2017 special elections and there is a big gap. that's a problem for the president. it's a problem for republicans. you know, many people are pointing to these special elections as bellwether, potential bell wheres, the state senate in wisconsin 10 was a district that was republicans for 17 years. it's not an overwhelmingly conservative district. but it's on the west side of wisconsin. it's a seat that republicans expected to retain and were

surprised at the major swing giving the seat to the democrats. >> harris: stairs away from air force 1. they are getting ready to get to pittsburgh pa with the president on board. we haven't actually seen that happen in the last two or three -- special election situations. so that's the component in this political, katie. >> katie: i think this candidate will be a better pick for the president than candidates we have seen in places like alabama, for example. virginia i don't think can you compare to alabama. a different situation. but, you know, the left during the 2016 election they weren't excited about hillary clinton. they stayed home. her problem was turnout. and the election of donald trump was a wake-up call for them. so, they don't like to lose. they're involved. republicans can't take advantage of any seat, take anything for granted. they have to work really hard. scott walker was tweeting

this week when the results came in for the special election saying okay, republicans, we need to get out there. we need to let everyone know what our message is in wisconsin. what we have been doing. we can't sit back and think because we are in power, because we have the white house, bowers we have these local seats or that it was a red district locally that we can just assume it will be flipped back. you will. >> maria: walker called it a wake-up call. >> harris: he would know what a head wind feels like. >> maria: republicans thanumberi think republicans are most concerned about independents, women in the midwest. there are 24 hours seats that democrats, i think 24 democrats need to take. and there are a lot of those seats that hillary clinton actually won the district. >> 23. >> maria: almost enough. so, i think that republicans are nervous. and they should be. right? and that, you know, in some of ways democrats going into the mid terms in 2010 weren't nervous enough. i think they were over confident and republicans should avoid making the same mistake. >> sandra: talk about the

other side of the aisle is that democrats don't have a message. what is the message? >> i said this a lot. in midterm elections it's more about individual candidates that match their individual district. >> i was just asking what is the message. >> maria: can you go to all those districts and find a. >> harris: it's all local. >> maria: look at the democrats challenging congressional members in california, new jersey, and new york. that message is about taxes and how their taxes are going up. so, they are local. >> sandra: because of who? >> maria: there are local candidates who have messages tailored to the district. 2020 the national message is a problem for democrats. but we're not quite there yet. >> harris: make this point, too. coming out of tax cuts and jobs creation act as the president likes to say get the lingo right. don't just say reform. say what it is. coming out of that and going in to the state of the union speech, which we know will be heavy-handed on that subject as a win for republicans, democrats are going to need even in those individual markets that

overall message as well. the president is on board the center of your screen air force one headed for pittsburgh international airport to talk the economy. stay close to outnumbered. we're coming right back whoooo.

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we will leave it there. thanks so much for joining us. join us again tomorrow live every day at noon eastern time. here is harris. >> harris: we have breaking news having to do with how our government collects intelligence on foreigners to protect us stateside against terrorism and it is just past the 5702 program section 702, 65-34 in the senate. congress needed to act by tomorrow night in order for the program not to have gone dark. we've heard from people like house speaker paul ryan most recently saying you have to keep this in place in order to protect americans and on the flip side of that, a man who felt very passionate about it and along with privacy advocates has spoken of really wanting to filibuster, senator rand paul did not get the opportunity to do