>> jon: chasing the subway train, we assume he was celebrating, the train was already gone. >> melissa: celebrate a little more safely. >> melissa: thank you for joini. >> harris: a fox news alert on this monday, a critical vote to get the government up and running again. the senate is about to hold a procedural vote to break a filibuster. if they can get 60 centers on board, so you know they are going to need some democrats, they will be one step closer to ending the government shutdown. this is "outnumbered," i'm harold harris faulkner. sandra smith, lisa kennedy, katie pavlich and pete hegseth. and a salute from the veterans, welcome. >> pete: the games were rough yesterday for minnesota fans. >> harris: i thought all the games were great, i thought

jacksonville played well. the vikings scored first. >> pete: we've all changed diapers in our lives. that was better than watching the game. >> kennedy: thank you for that visual, good to see you there. >> harris: on my instagram page, photo of you doing skol. senators need 60 votes to breaa filibuster. for now, we are on day three of the actual shutdown and republican senator of texas as the effects are starting to sho show. >> the shutdown is beginning to have its most dramatic affect, not only for military and the children's health insurance but the federal workers who are uncertain about what their future is and my hope is that

senator schumer and democrats realize that this is not a hostage that they want to take. >> harris: president trump tweeted this, great to see how hard republicans are fighting for our military and safety at the border, democrats just want illegal immigrants to pour into our nation unchecked. republicans should go 51% nuclear options and vote on real long-term budget, and ocr. democrats have shut down our government in the interest of their far left base. they don't want to do it but are powerless, sarah sanders says the president has been working behind the scenes. >> the president has been incredibly engaged, he talked to a number of members over the weekend, is also had his staff working with members on both the house and senate sides and trying to advocate for reopening the government. what we saw on friday was the president attempting to try to work with chuck schumer, i think

the disappointment there is that senator schumer showed he was not an honest broker in this process. >> harris: democrats say they are eager to reach a deal with republicans, ben cardin of maryland is suggesting the president is the one in the way. >> the president has not been helpful, every opportunity where you think you are moving forward, he changes his mind after he talks to someone else on his staff. the president has not exercised the leadership he needs. >> harris: chief congressional correspondent mike emanuel is live on capitol hill, lots of action today. >> no doubt about it. it's arizona senator jeff flake who was a "no" friday night says he thinks they could get the 60 votes so that something to watch. mitch mcconnell has been trying to reassure democrats that he is serious about addressing their priorities if they reopen the government. >> as long as the government remains open it would be my

intention to take up legislation here in the senate that would address daca, border security, and related issues as well as disaster relief, defense funding, health care, and other important matters. >> the action is expected to be on the senate floor for that critical procedural vote. there's also been a bipartisan push, about 25 senators trying to find a way out of the shutdown. a couple of the democrats involved in these negotiations talked about their efforts. >> i was more negative yesterday, last night than i am today. i think we made some progress on some ideas about how to make sure we are moving forward on that long-term budget while at the same time getting a vote on some bills that would protect the dreamers from being deported. >> we are hopeful that some additional confidence voting measures and strengthening the terms they could say to each

other will be sufficient to help us move forward but there's a lot of challenges here, people trusting each other. >> the first couple of days of the shutdown or over a weekend but now the house speaker notes the impact is being felt by many americans. >> you are seeing furloughed workers across america, troops not getting their pay, border patrol not getting their pay. law enforcement, i can go on and on. this is totally pointless and needless. senate democrats did this. senate democrats are the ones who can stop this and that's at noon today. >> this vote in the senate would require 60 yes votes on three week government funding package. paris? >> mike emanuel, thank you very much. pete, something that lit up the social media airwaves was a tweet i put out over the weekend about why congress is still getting paid. you can go to some of their

congressional pages, some of them are not essential. >> double standards are rampant. members of congress should not only not be paid but they shouldn't get back pay. if you can't do your job you shouldn't get paid and i think that's where the american people are. democrats know the shutdown is bad for them. behind the scenes they understand that it is bad for them. the question is what's more important to them, 2018 or 2020? your 2018 senators are voting for the continued resolution. they want the government open because they know it hurts them. your 2020 contenders, kamala harris, bernie sanders, elizabeth warren are driving to their leftward base and they want the shutdown to continue all the way to state of the union. they want the government to be shut down during the state of the union. those of the two polarized sides of the democratic party and this will be an indication of what's more important. 's we want to them strategy, the military gets paid on the first in the 16th. if they can figure this out

maybe they won't have to settle for back pay. >> one of the reasons why congress gets paid while the military does not is because of the constitutional premise that congress gets paid even in a shutdown. that being said, congress has the ability to change the law. despite having multiple shutdowns they have decided not to change that law and that is on them which is why they are still getting paid. some of them are donating their salaries to charity during this period but that doesn't change the fact that the military are not getting their paychecks. the democratic party has a very big problem on its hands when it comes to the far left of the party running the show here. you have the reporting about how the middle-of-the-road moderate democrat are trying to get out of this thing. the bottom line is on the daca issue which is driving this entire issue, democrats had the

opportunity to do this under barack obama, it is now not the republicans job in the white house's job to make that happen. >> sandra: this is when democrats and republicans could've come together and instead of failing at health care they could have had a meaningful comprehensive immigration reform and there are plenty of republicans in congreo have that conversation and vote for that legislation. they didn't do that. and now the government shutdown is being held hostage over the daca demands which will then lead to further immigration -- it's because of that inaction. it used to be republicans and democrats, the differences were how you prioritize the most important things, the most important aspects for the country. there is no prioritization and they are paralyzed by the fear of not being reelected and that's a horrible way to govern. >> sandra: as we continue to look alive at the senate floor

there, this vote if you can sort of look forward as to where you see the outcome, what we just heard with senator jeff flake saying he thinks they may get to 60 yes, it is. he says we think they are there. senator collins walking in said a deal is within reach. let's see if we can get seven democrats on board. >> pete: they would've gotten a better deal on immigration, so-called comprehensive immigration reform before. now they have a president that truly believes we are not going to trade something that looks like amnesty without getting a wall and an end to chain migration. democrats are going to have to blink here, it depends on one. i think this president has taught republicans how to fight, republicans have not been good on that in the past. it would be a realization that the president is going to require funding the government before we have a conversation. he's been clear about that. >> harris: a couple of things, we've seen tweets but we haven't heard directly from the

president. we know behind the scenes there are conversations going back and forth. we haven't seen -- it was helpful to see that, that dealmaker on capitol hill. >> he met with dick durbin and dick durbin ran for the cameras and talked about both the language. >> may be all meetings should be on camera. >> harris: i am talking about and out of the government shutdown. >> katie: i would argue that this is not the president's job. congress funds the government. the president has very little to do with the way congress funds priorities and so he has said, laid out on the table his priorities, they talked about daca not being a part of this because of the bigger issue. the democrats have already talked about how they think daca should be about more people which means amnesty overall. it's up to congress to get it ready.

>> kennedy: it has a lot to do with what the relationship is going to be between the president and democrats. the legislative director has suggested that the relationship between democrats and the president is probably deteriorating through all of this. >> pete: the president did have a long meeting with chuck schumer in the oval office talking about getting closer to a deal. they said they got closer but you can't get closer until you separate the funding from daca and that's where democrats are drawing the redline that i think they will have to walk back on. >> kennedy: also the issue with daca, i think this is an important point, there's a big difference between shielding people from deportation which a vast majority of americans agree that the people who were brought to this country essentially against their will as kids it should be shielded from deportation. they shouldn't be forced to go back to places many of them have never been. that's something vastly different than amnesty and amnesty is the big issue. instead of politicizing it and running to the cameras they need

to sit down like rational human beings and figure out what that really means and who gets amnesty because i love the idea of having hardworking immigrants come to this country but being a citizen is something very important and special. if you join the military, if you have exceptional grades, if you started businesses, those of the kind of people who should be in line for amnesty first. >> katie: i want to go back to the vote count here and how we may be able to get to a deal today. last week we had five democrats voted in favor of moving forward. we have the potential of six democrats who are in states like virginia, a lot of federal employees in that state and maryland as well, a lot of federal employees. democrats up for reelection are really the ones to watch here because there are a number of them, eight of them we are watching to see if they can push it past the finish line. they are in places like montana,

ohio, wisconsin. those are the ones they're going to be pressuring and maybe if the white house is more involved they will be making some phone calls to say look at how your constituents voted and by the way the election was a referendum on illegal immigration. >> harris: two people who would pretty much consider themselves a referendum on the president, jeff flake and lindsey graham are expected to be again. >> if -- half the members of the senate want to be president of the united states, a lot of them democrats at this point in 2020. they want to cater to their base and their base has demanded keep the government shutdown until daca gets solved. >> katie: their base is there a reason democrats lost 1,000 seats under barack obama. we are talking about new york and california running the show, that is not how the rest of the country thinks. >> kennedy: when you push this

to the far left that's when people dig their heel in. there's also a standoff and it's exhausting and counterproductive that this is the only way we govern from now on is kicking the can going from shutdown to shutdown. >> harris: february 1st is the goal because you've got to get your military paid if you can do that so they don't have to sit out there and wait for back pay to come. my question becomes this. claire mccaskill, doug jones recently out of alabama, the first time in a quarter-century as a democrat in alabama, they came up with this idea, this bill to take the money for the military and make it separate from all of this. basically do what dianne feinstein wanted to do with daca. mitch mcconnell said no, i object to that. he objected to that and that would've put this in a different place at least for that money. why? >> chuck schumer we are being told right now, our reporter on

capitol hill letting us know senator schumer will be speaking on the senate floor and just the next few moments. we thought we were going to hear from him earlier today and there was perhaps stop pause, don't speak at a now we are waiting on him possibly to step up and began his comments on the senate floor. we will take those when they begin, obviously that will be a key moment. >> katie: to answer your question about why they wouldn't take the military pay out of it and have it stand-alone, the truth is because republicans are using that as leverage as well. they need that political point. >> harris: out of all of this it is the only thing, as we keep talking about for daca, they had at least until march and when the judge stepped in and said we want to keep everything in place, he can even see it on his docket until june. >> kennedy: do you think of the president went to chuck schumer and said full amnesty for all the dreamers, build the wall, could he resist?

's >> harris: we don't know what happened in that meeting. >> pete: luis gutierrez from illinois has said that exact same thing. for people who believe in law and order, you solve the problem by building the wall if you don't revisit this. >> sandra: that is republicans argument. you can't just allow daca amnesty, you have to prevent the problem and the whole point of border security is to make sure we are not here again in five or ten years which is the exact problem. again with the government shutdown over this issue. >> harris: my big question is with democrats, we will do something like what you are talking about and get to february 8th if you can give us confirmation. what's firmer than writing it down and signing it?

i don't understand what has to happen to make a firm confirmation that we will talk about it. >> kennedy: pinky promise. secret handshake. >> katie: we've heard the white house talk a lot about the deficit of trust with the chuck schumer there is a proble problem. the only thing you can depend on his people's word when it comes to moving forward on this. that's difficult. >> harris: lets hire some people who can trust one another. let's focus on senator chuck schumer, take a little bit of water before he takes the floor. let's watch and listen together. >> we enter the third day of the trump shutdown. the first ever real shutdown to occur when one party controls the entire legislative process. the republican party controls the house, the senate, the presidency. and yet they were unable to keep the government open for the

american people. leader mcconnell knows it takes 60 votes to pass the spending bill and yet he moved forward with a last-minute extension that he knew lacked the votes. both democrats and republicans voted against that bill. the reason the republican majority had such difficulty finding consensus as they could never get a firm grip on what the president of their party wanted to do. these days, you never know who to deal with when it comes to the republicans. the republican leaders told me to work out a deal with the white house. the white house said it work it out with republican leaders on the hill. separately, president trump turned away from not one but two bipartisan compromises. each would've averted this shutdown. each would have led to a deal on

the budget. and health care and disaster aid and things like opioids and veterans and pensions. and on immigration. my recent offer to the president was a generous one. i put his signature campaign issue on the table in exchange for daca. and still he turned away. president trump's unwillingness to compromise because of the trump shutdown and brought us to this moment. the facts are well known. now i wish to update the senate on where things stand after this weekend. since our meeting in the oval office on friday, the president and i have not spoken. and to the white house refused to engage in negotiations over the weekend. the great dealmaking president sat on the sidelines. despite and because of this frustration i have been having

conversations with the republican leader over the weekend about a path forward. after several discussions, offers, counter offers, the republican leader and i have come to an arrangement. we will vote today to reopen the government to continue negotiating a global agreement. with the commitment to that if an agreement isn't reached by february the eighth the senate will immediately proceed to consideration of legislation dealing with daca. the process will be neutral and fair to all sides. we expect that a bipartisan bill on daca will receive fair consideration and an up or down vote on the floor. it's a shame, mr. president, that the american people and the senate have had to endure such hand-wringing, finger-pointing, stridency to secure a guarantee

that we will finally move to address this urgent issue. it is something the majority could have avoided entirely, a concern the president could have obviated if you were only willing to take yes for an answer. while this procedure will not satisfy everyone on both sides, it is a way forward. i'm confident that we can get the 60 votes in the senate for daca bill and now there is a real pathway to get a bill on the floor and through the senat senate. it is a good solution and i will vote for it. i'm incredibly grateful to the bipartisan group that has come together in recent days to renew the immigration debate with a sense of urgency. i believe that this group has

the potential to return the senate to the kind of place it should be on the issue of immigration. a place for bipartisanship. a place for action. a place for achievement. the bipartisan group, in a very fine way filled the glaring absence of the president in these talks. i expect the majority leader to fulfill his commitment to the senate, to me, and to the bipartisan group and abide by this agreement. if he does not, of course -- and i expect he will, he will have breached the trust of not only the democratic senators but members of his own party as wel well. through these complicated and lengthy negotiations, democrats have always sought to be reasonable, to act in good faith, and get something real

done. despite of our entreaties, the president was obstinate. despite bipartisan support for daca, the republican majority -- the senate has muddle along for too long, content to delay action on our most pressing challenges. until the very last moment. that ends today. the republican majority now has 17 days to prevent the dreamers from being deported. mr. president, we have a way to address the fate of the dreamers. starting right now instead of waiting until march, with the minority and the moderate middle empowered to bring a bill to the floor instead of being held by the most strident anti-immigration forces in the republican caucus.

we on our side of the aisle will continue to fight as strongly as we can for the dreamers in the weeks ahead. i say to all americans, urge your senators to vote yes on the bipartisan compromise when it comes forward. right, tweet, email, phone, vis. so we can finally pass this bil bill. in a few hours the government will reopen. we have a lot to do. the issue of the dreamers demands resolution. a budget must be written. health care has to be addressed. relief provided to disaster stricken parts of our country. pensions and opioids, veterans, child care all have to be taken care of. the trump shutdown will soon end but the work must go on and it

will. thank you and i yielded the floor. >> harris: a few minutes there from the leader of the democrats in the senate chuck schumer talking about the fact that he will put a signature on whatever comes up, he's going to vote yes and he says they will have the democrats vote to get this continuing resolution and what he says is he expects the g.o.p. leader, republican mitch mcconnell to honor the february 8th -- let's watch and listen as mitch mcconnell, let's watch. >> over the issue of illegal immigration is something american people didn't understand. and would not have understood in the future. i'm glad we've gotten past that end we have a chance to get back to work and therefore, mr. president , the mandatory

court all be waived. >> as their objection? the court will put forward the motion to revoke closer. >> we the undersigned senators to here by move to bring to a close debate on the motion to concur with the further amendment in the house amendment to the senate amendment to hr 195 signed by 17 senators. >> by unanimous consent to the mandatory quorum call has been waived. the question is, is it the sense of the senate the debate on the motion to concur in the house amendment to the senate amendment to hr 195 with a further amendment should be brought to a close? the court will call the role. >> mr. president, i ask unanimous consent that the democratic whip be allowed to address the chamber for 3 minutes.

with the gracious approval of the majority leader. >> was their objection? >> no objection. >> i want to thank the majority leader for this opportunity and let me think my friend and colleague and partner on the democratic side for his passion and personal commitment to the issue involving the dreamers and daca. he has been by my side and i've been inspired by his leadership from the start. and let me think my colleagues, so many of you cast a vote that was very hard and very difficult because he believed as i did that the issue of immigration and the issue of dreamers is the civil rights issue of our time. you stuck your necks out and said you will go on record even if it's going to be hard to explain back home and i will never forget that. the question now is how to move forward. what i have seen here on the floor of the senate and the last few days is something we have not seen for years. a constructive bipartisan and

dialogue on the floor, not just about this issue which is obviously front and center but about the future of this institution. and what the senate will be from this point forward. that to me has been encouraging because it says to me that we do have an opportunity to work together. my special thanks to senator susan collins, lisa murkowski for joining with jeff flake jeff flake and joining with lindsey graham and joining with cory gardner and others who have been working on this issue for so long, to try to make a positive impact on this debate so we can move forward. i cannot tell my colleagues how many have come up to me from the other side of the aisle and said we are with you on this issue, we want to help you get this done. each of them has a little different take on what that means but i do believe them. and i do believe we have this opportunity to move together. now comes the real test as to whether we can get this done. whether we can be the senate

again, whether we can turn to constructively having a debate. for some of you will be the first time you have ever seen it but believe me, it is worth the price of admission. all it took for you to come to the united states senate. we have to stand together. my last word is this. we've gathered the largest bipartisan group of senators to ever commit to moving forward on the dream act. we have a process. i want to thank for supposedly saying it will be a level playing field, we will look to both sides. thank you for doing that. i believe that sets the stage for us to work together. for the first time in five years, we will have debate on the floor of the senate on the dream act of immigration. to all the dreamers that were watching today, don't give up. i know your lives are hanging in the balance, three weeks from now i hope to be joining you in

celebrating the passage with you and your families in your communities on a measure that will strengthen america. >> the clerk will call the role. >> mr. alexander, ms. baldwin. mr. bennett. mr. blumenthal. >> harris: as we watch what's happening on the senate floor, we will have further from the leaders on the democratic side, chuck schumer and dick durbin just then talking about the fact that what this does and the reason why they are going to vote yes to reopen the government today. part of that was for the senate, most of that was for their constituents i would imagine. the reason they are going to vote yes is they feel now that they have that firm confirmation that it's the end of the continuing resolution period on february 8th, they can bring to

the senate floor of a deal for daca and dreamers which they say, and i am going to durbin now, they've gathered the largest group of bipartisan senator support to move on daca and of the dreamers. what will that bill look like? we've been talking about the gang of six and some things with immigration that have been talked about in recent weeks. >> pete: i think the big take away is this is senator chuck schumer blinking. they said they were going to stand up to the president, get a daca bill or shut down the government. they got nothing. they are voting to open the government up because they realized it was a bad move for them politically, absolutely. they've been given a promise they say by the majority leader mitch mcconnell to open it to a discussion over daca and illegal immigration which is exactly what the president has said he wants to do. you heard dick durbin call it the civil rights issue of our time.

that is democrats doubling down on illegals over citizens. >> harris: what's happening on the screen right now in case you are just tuning in and wondering okay, where is everybody on the couch. we are so focused on what the government is doing right now. is it going to be able to reopen on this vote? democrats have said there leadership of said you will get the seven or so votes you need to reopen the government and this is the vote that's going on right now. we are watching it live in real time together. >> dick durbin just got off the floor and he is making a big to-do about this bipartisan ship that is together surrounding daca. bipartisanship on daca has been there from the beginning. the only reason it became controversial was when democrats decided to tie it to the continuing resolution. now he's trying to take credit for all this bipartisanship that is been there from the beginning on this issue. >> sandra: once the senate

approves the interim bill to reopen the government through february 8th the bill must go back to the house, the house and senate will not be in alignment is what he's putting out. something else chuck schumer just said when he was speaking on the senate floor a few moments ago, the voting is happening right now. schumer asked where dealmaker trump was over the weekend. it's an interesting question because he has been sort of laying low over the weekend, he had that meeting with chuck schumer on friday and i asked sarah sanders about this earlier, she said he has been working in the white house, but katie, did you notice sort of more quiet version of the president over the weekend? >> i really don't think this is necessarily the president's goal to be coming up with a deal to fund the government. this is congress' job, he's been clear about what he wants, he talked about daca in september of last year and telling

congress to get it together to bring a bill to the floor after democrats failed to do so under president obama when they had a majority. i think that was good for him to stay out of the way and let chuck schumer fight it out with mitch mcconnell. >> kennedy: the president was criticized for not taking a more active role behind the scenes during the health care debacle. if he's actually behind-the-scenes working the phones and talking to senators in particular i think that's probably a smarter move for him, unless the shutdown takes center stage and not some of the tweets and other distractions. it's really interesting because there was obviously a big shift on the wall and chuck schumer said we talked about this before we heard the senate minority leader speak. what if he was offered amnesty in return for the wall. it sounds like he threw the wall on the altar before the president.

democrats have been so obstinate about the wall, saying that is their redline, that is a point of resistance, never. >> harris: they should have read the law that was put forth with an allocation of funding back in 2006. there was quite a bit of that strong defense line. what the president had said, if you want to talk about a little bit of a shift, he knows it's not a solid line. i wonder if there are other places where it's perforated where you can't put a wall. >> i expect senate majority leader to respect the commitment. >> pete: this is a tactical retreat from the democrats but a very important note here, they set the new deadline is februarg

daca to the budget which is what they just lost on. it's a terrible idea for them and i think republicans should stick to their line. if if you want action on daca wh is effectively amnesty, which it is. we better get the wall as we campaigned on it. >> katie: schumer senses about the agreement, what's the agreement. one of the terms of the agreement? what are the details? >> harris: what chuck schumer said on the floor, the senate will immediately proceed to legislation on daca and dreamers up or down vote on february 8th if they don't get something before then. it's automatically tied to what we've seen now. this ends of the government shut down for at least a few days. >> pete: the white house would never give away a daca vote without getting a vote on the wall. it's not going to be a clean up or down on daca.

>> kennedy: is it because of the president has been pushing the senate to do away with some of these procedural issues and go straight to the nuclear option which i think it's a horrible idea. whichever party is in power, democrats found that out the hard way. >> harris: you said earlier, senator graham was talking about the fact that there needs to be stronger language on daca. can we take a quick peek, we might not even want to go away from this vote if we think it's going to come up quickly. otherwise we have senator graham on mcconnell's language if you want to watch that. >> i think if the majority leader says stronger words about we will, we will go to immigration, he will stay that it didn't matter.

democrats have to convince mitch mcconnell stronger language results. >> kennedy: susan collins agreeing with him there, she had a chance to speak after that and she said he needs to use not only stronger language but more specific language. >> katie: maybe he did, that was earlier this morning. again, we don't know what that agreement means. they are acting like the daca issue is a very simple issue, it is not. it depends on how many people are going to be included, are the parents going to be able to say as well? is it permanent status, is it citizenship? >> pete: look at the screen right now, you see mitch mcconnell shaking hands with dick durbin, for conservatives and trump supporters, all of

that is potentially worrisome. basically the comprehensive immigration reform, what has codified a legal status. they are going to be worried about what comes next. the question is will it be something the white house actually does -- >> harris: >> kennedy: will hars except a term like permanent legal residency? as opposed to citizenship. you can be talking about it in both those ways. permanent legal residency allows people to do all the things you would normally do but citizenship is different. >> harris: right now on the senate floor they are deciding to reopen the government on the senate side. you heard sandra say this will go back to the house. what i am understanding is because the dates don't necessarily match up, the house version has the continuing resolution. if it comes back from the senate, what i am seeing being reported on fox news and

elsewhere is that the house would then pass what the senate has passed. the dates may not match up. speak to my question listening to you, are we right back where we started? does the government shut down go right back -- >> kennedy: can kicking at its finest. >> harris: we don't know what made democrats feel better or if it was #schumershutdown >> kennedy: i think it's the threat of the nuclear option. >> harris: all the agreements s that make this. >> sandra: a senior g.o.p. source in the house tells fox they expect to ask the senate version of the continuing resolution later today and it could be on the president's desk late this afternoon, early this evening perhaps. >> harris: the only thing they have to reconcile are those two

dates. >> pete: what changed is democrats realize this really was becoming the schumer shutdown. if they want to move past it and have this discussion about daca, i mentioned it earlier. luis gutierrez, congressman from illinois has backed away and said listen, if we want these so-called dreamers to say the next day we will have to make a deal. that's also the debate president trump wants to have. no one wants to shut down. i think both sides think they win and that's a big electoral bet. both sides are going to dig their heels in here. >> harris: both people think they got a little something. my question with the wall, democrats have already voted on this years ago. i don't understand what the big sticking point was. was it the lingo? they are still sore because their woman didn't win?

>> kennedy: when you talk about building fences, it's eminent domain and you have to -- they've made their way through the court system. the exact same thing is going to happen, particularly in texas. there is 1200 miles of border, only 100 of those miles are federally owned. you got all sorts of renters and home owners. >> katie: more of the land in arizona is federally owned. people have been there since before texas was texas. they are going to have a problem with that. you just mentioned democrats voting for the wall or the fence, they've also voted or at least -- they've also agreed to ending chain migration and the visa lottery program. i don't understand why those things are now not even being talked about is part of an agreement. >> harris: what pete said about the blank.

>> pete: you see history happening before you. trump said no immigration until we divorce it from the budget. schumer and the democrat said the only way we are passing the budget is if we get daca. >> sandra: we should remind everybody what the president has tweeted so far today. he also said democrats have shut down our government and the interest of the far left base. they don't want to do it but are powerless. he's only tweeted a few times this morning, he's been quiet. >> pete: they called dwight eisenhower the hidden hand presidency. if you don't think this president does not have a hidden hand behind this debate you are wrong. he's got a twitter feed, rapport with mitch mcconnell, clearly mitch mcconnell is able to drive some sort of deal to start a debate on immigration. >> harris: couldn't have been the president of the

united states who started that conversation on friday? senator schumer was headed to the white house. >> kennedy: he made mitch mcconnell jealous. we can report this, the government will reopen. the vote is still open but they are right now pushing 80 yeses and of course they needed 60 to break the filibuster as we continue to watch this vote play out. the government will reopen, obviously having over 60 votes, now pushing 80. >> pete: the word went out, it's time for everyone to vote yes. you will probably have rand paul and mike lee voting against it, god bless them. from the freedom caucus to those groups, will be played on the margins. it will be played on the left, elizabeth warren kamala harris, on the right it will be dominated by talk radio conservative people, the president who believes that

walls need to be on the books and in forest. >> harris: the summer in the middle or the american people and out there, there are people who are serving this country. those paychecks won't stop now on february 1st, they will get at least the next round of pay and again we had to see what's going to happen on february 8th and get past the continuing resolution. these remarks from the senate majority leader mitch mcconnell, we watched them live. he said "i want to thank the democratic leader or his comments and his indication that he intends to support the measure before us. i think if we learned anything during this process it set a strategy to shutdown the government over the issue of illegal immigration is something the american people didn't understand and would not of understood in the future. i'm glad we have gotten past that and we have a chance to get back to work." that's mitch mcconnell. >> katie: another warning, if this doesn't go down the way the

democrats want to they should not be tying it to another funding bill. >> pete: congratulations washington, you cap the government open for 17 more day days. >> katie: this is just coming in as we watch the vote continue, the government will reopen, the vote is still open but they are pushing 80 yeses. they will also need to pass the actual continuing resolution itself, same with the house. is it safe to say that will be -- >> pete: that will go quickly. the reconciliation on the daca bill, the agreement we are hearing -- >> kennedy: i don't think either side wins here. that is washington business as usual now. >> harris: the military works 24/7, this is not only a week

to -- >> pete: it's always a work day. this continued resolution is still no-go to, you still got this frustration and to dramatic cuts to the military. >> harris: did you know it may cost american taxpayers 6 billion extra dollars a week? i wish i could give you a complete breakdown but when you have 1.3 million people in the military and uniform that are potentially on back order for their paychecks, there are things that come into play. you've got military families right now perched to see if there death benefits from those morning through the government were going to be made accessibl accessible. >> katie: this idea that we continue to fund the military through the crs and the uncertainty that we continue to see is really pathetic when it comes to congress doing their jobs and passing a real budget which we haven't done and out very long time. >> kennedy: it is canned kicking and both sides are so

incredibly responsible with their spending. the confines of a budget or even a spending bill. >> katie: budgets hold congress accountable for what they've actually allocated. it's so frustrating to continually see this ridiculous charade and circus on capitol hill. the politics that come into play have nothing to do with the task at hand, funding the government. >> pete: they are not doing a threat assessment. they are building artificial islands in china and we can't fund the government for 17 days. >> sandra: it's been interesting to watch all of this, marcus as we know, there is been on multiple record,

today that markets have been following the ins and outs of these negotiations. now look at that. the highest of the session as we now know the government will reopen, the dow is 80 points higher. it was negative at one point today. when it was looking like this wasn't going to go in the direction of reopening. >> pete: this market has never really blinked in this entire shutdown, why not? >> kennedy: they know it's going to happen, this is not a critical impact end of the markets very forward-looking. they also know the corporate profit, that will follow from tax reform. the market -- wall street will continue to flourish on the promise of those majority

workers. >> harris: and its resilience. the $6.5 billion a week the government shutdown could potentially have an effect on negatively would be for the entire economy. we are taxpayers in that econom economy. as you look at this, would that be enough based on what we've seen prior, would that be applicable today? we are in such resilient territory at least with investments and corporations and tax cuts and jobs that perhaps that wouldn't be applicable. >> pete: our private economy is in resilient territory but our public debt and the government is nowhere near resilient. the military context, that's deferred maintenance, training that doesn't happen that has to happen later on which means it only gets worse. as much as i am having the is open, we have not solved any of our -- >> kennedy: there is a

disconnect in wall street and that optimism. people finally feeling that hourly wages and gdp growth and the drama in washington. the drama in washington hasn't served people, that's why they voted for someone like president trump. the fact that the economy is doing well is very large independent of this insane shutdown and what it symbolizes. >> katie: i think it also depends on the issue at hand, when the government is working towards a deregulation there is more panic and then marketplace. the been able to take a lot of the regulations off. tax reform has passed, there isn't a big piece of legislation that would actually benefit businesses. >> harris: the vote, they have it to pass this but they continue to vote and as soon as this comes to a close officially we will let you know but there are upwards of 80 votes. they know they've got this thing in the government is going to reopen. some of our producers are live

outside the doors of capitol hill and outside the senate and so far cory booker did not respond to shouted questions on daca as they were leaving and you wonder why, senators who were departing the united states capital right now are saying a few journalists and undocumented immigrant advocates mulling about. as they reach the doors of year, when they are done voting. they -- to make the senators nt responding. >> pete: for democrats who want to be the president in 2020, this vote is all about that. it will be the ones that want to go back to their constituents and primary and say i said i would never do it and i did. where did cory booker vote, kamala harris, where did all of those -- >> sandra: some interesting reaction coming again from the vote that is still ongoing,

democrat senator tester facing competitive reelection this fall vote snow on the procedural vote to reopen the government. some color there. voted no. >> pete: i want to see the final vote tally, which will be as close of an indicator as we are going to get in the modern democratic party which has been very much in flux. are they trying to moderate and win in the states were trumped won or are they going to their bases. >> sandra: senator tester from the state of montana voted no. waiting for this vote, we can't with certainty the government will reopen until this vote

actually closes. it is still ongoing but what an hour, what a day, what a weekend it has been. >> katie: traffic in d.c. today was very minimal, i am very sad it will be hot and heavy here when we get back. >> kennedy: as we started this discussion on the couch, we were wondering whether or not they would push the shutdown another eight days until the president addresses both chambers of congress. what a victory that would be for the progressive wing of the democratic party. the fact that chuck schumer led the charge, he just tweeted this out. we have a lot to do. #protectdreamers, write a budget.

though shutdown ends but the work goes on. >> pete: democrats did a great job of taking care of veterans, great job. did nothing during the scandal. that tweet right there, what you just read is exactly what people are sick of in washington, d.c. take the deadlines, fake issues, tons of rhetoric, lots of hashtags, none of which tied to what affects people's lives. that's why i think chuck schumer new this was the schumer shutdown. president trump stared him down. now we will talk about a real debate. they've got to be worried whether they can win that debate, too. they had to decide which part of their base they are going to cater to whereas president trump and republicans -- trump taught republicans how to fight. where will democrats be? >> sandra: our producer on capitol hill just writing that

we are now waiting for senator corker to vote to reopen the government. senator mccain should be the only absence when they close. >> pete: bob corker, former republican. >> sandra: they've gotten the vote they need, the government will reopen. >> the crisis is over, everybody, it's going to be oka okay. >> pete: you can call the agriculture department and they will answer their phone. a procedural vote to end debate, they will vote again on something that only needs 51 votes. they will go back to the house, who knows how long that will actually happen. >> katie: i do think it's worth pointing out how the trump

administration handled the shutdown versus the obama administration. barack obama immediately used it for political gain. i remember seeing those barricades, they had to have people unpaid put out because they are never around the monuments any other time of year. they specifically had them put up, veterans took them down and march them to the white house. they have handled this in a way that is much different than the previous administration data. they are not used it to their advantage, they have used it as a way to get what is best -- >> kennedy: president obama would've shut down disneyland. what's in there, i would like to know. now that we have averted the shutdown -- not averted but at least marched away, let's get our eyes on that memo, how has government power been abuse? >> other issues like fbi bias --

>> sandra: senator richard shelby came to the microphone and said there is a good thing to move for reopening the government, the immigration issue can be resolved. >> pete: inside the republican party, repealing and replacing obamacare, tax cuts universal for republicans. immigration is always the wedge that has differentiated this president. it's his issue, where this debate goes will be very interesting as far as how much president trump has turned his agenda into the republican agenda. >> kennedy: do you want him to be the dealmaker president or the hard-liner? >> pete: i think he can be both because he is a dealmaker, drives a hard line, force the democrats to define what they are for witches for illegals and get a problem solved so we don't have to revisit this down the

line. >> katie: i guarantee democrats will overstep their bounds. that's where the problem is going to be. they are going to turn around and accuse republicans of not wanting to protect dreamers when they have moved the parameters of who is actually covered. >> kennedy: if they really want to fix the problem they have to be responsible adults. i don't think anyone in congress at this point -- >> katie: is a high bar for them. >> sandra: this crucial vote, the senate has successfully passed this vote that would break the filibuster to eventually get the government back up and running again, the senate has successfully voted to get that done.

it has been an eventful ride, we will see where this goes. a lot more is going to be happening here on the fox news channel, harris faulkner has continuing coverage. >> harris: we will continue with the big vote, 81-18, putting our government back in play and opening the doors of our government with a continued resolution that now goes until february 8th. the deal the democrats say they got for their leader in the senate chuck schumer, senator schumer says they got a deal to immediately tackle legislation for daca in the dreamers program. that and they had supposedly aa week ago, what happened that changed is that democrats voted with republicans to reopen the government. i'm harris faulkner, you are watching our continuing coverage today as though shutdown ends at least temporarily on capitol hill. this is "outnumbered overtime," let's bring in my very first guest because he is in the