>> lovely to have you with us today. >> even though it's monday and we love it. >> thanks for joining us. >> "outnumbered" starts right now. >> sandra: fox news alert, president trump state of the union address is tomorrow night. we are told the fee will be a safe, strong, and proud america. the president is expected to focus on the economy, immigration, . he is struggling in the polls and amid the ongoing russia pro, a lot is riding on what he says tomorrow night. this is "outnumbered," i'm sandra smith. and here today, harris faulkner paid republican strategist and fox news contributor lisa boothe. the host of kennedy on fox business, kennedy. and joining us today on the couch, political editor of townhall.com, guy benson and he is outnumbered. we we had you quite a bit becaue you do all right covering just about anything with us on his couch.

>> guy: always good to be back, happy monday. it's just easy. >> lisa: i'm sure you've never heard that before. >> sandra: let's get started, tomorrow night, president trump will deliver his first day of the union address. he's going to speak to a nation that is pretty divided on issues ranging from everything from immigration to race and religion to economic and gender-based opportunities. trump is expected to promote his new proposal for border wall and a path to citizenship for so-called dreamers who came here illegally when they were children. he spoke about the speech just a short time ago. >> we worked on it hard. covered a lot of territory including her great success with the markets and with the tax cut. it's a big speech, an important speech. we covered immigration. >> sandra: he will also lay out his infrastructure plan while calling for bipartisanship and collaboration. printable deputy white house press secretary gave a preview this morning. >> the president is going to

speak to the whole country. he's going to speak to democrats. we want them to support our infrastructure plan. this is a trillion dollars to rebuild america's roads, bridges, schools, and on the issue of immigration, the president has come forward and offered a ten to 12 year pathway to citizenship for people who were brought here illegally as minors. that's reaching across the aisle and in exchange, looking for real border security and reforms towards illegal immigration system. >> sandra: you look at history of the first state of the union address for this president's predecessor, it is a defining moment in the presidency, what you expect a big picture from the president tomorrow night? >> guy: this is the biggest possible megaphone for the presidency with a few exceptions. and it's an opportunity for any president to really drive home a few core messages. for me, i think it's important to hear from the president's mouth himself with specificity what his immigration offer is to the democrats. i think a lot of americans understand there is a controversy over this, there's

fighting back and forth. i happen to believe that the president has put on the table. it's reasonable. explaining it in layman's terms to ordinary americans i think is really important, and an opportunity for him to say i'm being reasonable. i'm bringing them into the table here that's fair and here's why. the other thing i hope that he does and i think he'd be crazy not to do so i suspect they will use to really hammer all of this good news on the economy or take a tax reform. it's a law that has bounced 20 points in the right direction in terms of public polling since december. a lot of that because of those bonuses that have been paid out. he should tell american workers check your pay stubs, look at your pay raise. >> sandra: could one expect possibly this is going to be the president taking a victory lap tomorrow night? >> kennedy: absolutely. i think what guy said is right. he's going to start and end with the economy. that's how he will and how he should stand because if he just talked about those economic numbers, that's really all he

has to do. but we know that he's going to touch on other areas of bipartisanship. i think he's going to move to infrastructure before daca because that one is a politically complicated. infrastructure is much safer, something that the president loves, he's campaigned on and would love to make good on this campaign promise. democrats love spending money but the big issue here is spending money we don't have. again, this is another one that he has to have straightforwardly by expanding how he's going to pay for it. then you move on to the dreamers but again, the big clothes will be brought economic message. >> lisa: to that point, you talking about there are a lot of divides in this country right now and there long has been. under the obama administration, the one thing that transcends race, transcends religion as the economy. that is the number one issue for all americans. it doesn't matter what race you are, doesn't matter what you are, that's the majority family care about this company.

president trump has seen great economic success as her just when he was at the world economic forum of world ceos, of major, major companies talking about bringing investments to the united state united states, jobs to the united states. we've already had companies dedicate and commit bringing jobs and economic investment to the u.s. >> sandra: this is the first end of the union for this president comes as a major immigration battle looms, ten days out now from another deadline to fund the government or face another shutdown. >> harris: i imagine the president will take some of his cues from republicans inside his own party who have expressed their concerns, their cares about this. you got senator rubio who is come out and said he has his own issues but he's waiting to see the specific legislative language to see where this is going. you have the more smith, congressman smith say i don't like that word amnesty and i don't know how far this can go forth if you're going to give amnesty to 2 million people and

that doubles the amount of citizenship that you might have seen under barack obama. i imagine today he's taking or is seen taking some temperature there. i will say this, the economy and you and i talk about this all the time is really what matters to people because it's hard as you said to work up a care about anything else if you're struggling. so that boggles the mind for me by mark ruffalo, alyssa milano, whoopi goldberg, some of the richest people in america are planning to protest as president of the state of the union tomorrow. what will their economic message be? how will they battle back against open your paychecks? >> sandra: a bigger question is if the white house is saying that the president is going to be using a bipartisan tone to bring the two sides together he's got a huge job to do. how does the president achieve that? >> guy: i don't know. he's not a trans-partisan figure. he's a very polarizing figure. so i think they're probably going to work some language in

there, there's reporting now that on immigration, they're going to talk about trying to keep nuclear families intact which raises questions to me about is this a nod to the other obama era executive order that was thrown out by the court? i think he's going to throw some bones to the other side. >> harris: chain migration, keeping that. >> guy: if you're going to legalize and make a path to citizenship for the dreamers, but about their parents who are here? that's tough. 25 the other thing that he does is he inextricably linked daca with wall funding. and that's what he's going to do to the american people he's going to sell the message that we need security on the southern border at the same time my love these dreamers so much, i'll protect the dreamers, give me money for the wall, that's been the big issue. he can make a logical sell tonight. there are enough people can pardon the pun, on the fence about the wall but if you can

make the logical push and bring enough people in enough independence. >> harris: what is that language did to look like? >> lisa: you have nancy pelosi saying that giving amnesty to almost 2 million illegal immigrants is somehow making america white again. this is an opportunity for president trump to explain what he laid out which is down the road immigration plan. got both the right and the left with him probably where he wants to be if you want to get something done. for very different reasons. it president trump's opportunity to explain the fact that this is a very rational approach that his administration is taking, common sense and opportunity combat. >> harris: when democrats say they don't like this particularly, she plays the race card. when republicans say they are concerned about terms of precedents with amnesty, and that's numbers game as far as i

understand it and other issues on the table. no one is playing the race card. >> lisa: the republicans who heat to the term amnesty is much as democrats hit the wall. is the point is you have to stop the edges and to find them in a careful way. and it makes it palatable to the people. >> harris: but the racist card that they are applying is one that knows she'll get some kind of scream of the room from that has nothing to do with politics. >> guy: reversed with the greasy previous president, he was much more popular than his policies, president trump is less popular than his policies. if you can come out and articulate what his policy posture is of some of the staff and a way that is inviting and logical, i think he has potential to gain some people and bring them over saying maybe he is not who the here that's being in transient. >> sandra: he said the president tomorrow night is

going to talk about how america is back and he's going to make an appeal to democrats to work with them to do that. as we get ready for the president's first state of the union address, keep it right here. we will have all day coverage leading up to the speech which we will bring you at nine eastern time and then we will have all the reaction that you will need into the wee hours of the night right here on the fox news channel. this is the only place to be. so tune in for all of that. meanwhile, new calls for a second special counsel to investigate anti-trump text messages exchanged between two top fbi officials, whether the justice department should act. plus, that controversial memo containing classified information that allegedly reveals little bias within the doj and the fbi could be made public as early as tonight when house republicans should vote to release that report next. >> i'm guessing that is not just the fbi, that is also the intelligence community. it goes to the heart of what we are scared about in america is

that our government is actually spying on us.

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you know what's not awesome? gig-speed internet. when only certain people can get it. let's fix that. let's give this guy gig- really? and these kids, and these guys, him, ah. oh hello. that lady, these houses! yes, yes and yes. and don't forget about them. uh huh, sure. still yes! xfinity delivers gig speed to more homes than anyone. now you can get it, too. welcome to the party. >> harris: a fox news alert, the house intelligence committee could vote as soon as today on whether to release that memo,

some call it secret, that republicans say shows surveillance abuses by the obama administration doj and fbi. "the new york times" is now reporting that document revealed deputy ag rod rosenstein approved an application to extend surveillance of a former truck campaign associate last spring. meanwhile, "the washington post" reports white house chief of staff john kelly met with jeff sessions regarding the desire to have that report released. even though the decision is ultimately up to congress. white house legislative affairs director marc short also shed some light on the president's stance on the issue. watch. >> we don't know what's in the memo. it's classified. i haven't seen it. but i think they president generally sites on the side of transparency. so i think you believes that should be put out. >> harris: trey gowdy who helped draft that memo said this on "fox news sunday" ." >> i do think the fbi should look at it before it is released

and i have provided that counsel to chairman newman nunez and hs taken it under advisement. i want the bureau to know everything that is in the memo. i think you'll be surprised. it is not a hit piece on the department and fbi. >> harris: face up poker he said. somebody just got dealt a hand. fox news has now confirmed that fbi director christopher wray with a capital bill yesterday and saw the memo. meanwhile, democratic senator joe manchin blamed house until committee chairman devon nunez over his handling of the entire situation. >> i cannot believe, and i when i say this, no pun intended, but what congressman nunez has done basically to the intelligence committee on the house side, he has neutered it from having any confidence of the american people. >> harris: where you stand on this? >> guy: there's a lot of moving parts and it's really complicated. i don't know what or who to believe. i think trey gowdy is a pretty stand-up citizen with credibility in my mind and he

says it's a fair shake. if this is going to get released in a sound like the fbi director has now seen it which i think is an important piece of the puzzle if we are confirming that reporting happened yesterday. >> harris: his team is looking at is what they were asked to do is see if there was anything they wanted to change, any inaccuracies to be said his team is looking at that. >> guy: prior to his memo potentially being released. it's important to remember this memo was written by republicans based on calling all this information from many, many pages of intelligence and boiling it down to the american people. what the democrats are saying is it's only a snapshot in his cherry picked it doesn't really tell the whole story and paints a picture that's a bit distorted. if cover their own memo that they say sort of shines a light on the broader picture more accurately. i think if we see the republican memo, we should also sue the democratic memo and some of the underlying intelligence and, with own conclusion. >> harris: was a take away for the american people because we all have enough paper and set

houses. >> lisa: i think more transparency is important here because there was a lot of distrust in these institutions. you have a letter to the head of the doj, attorney general sitting down with bill clinton on the tarmac of a plane while his wife was under investigation. you have james comey, head of the fbi who leaked classified information and broke the same protocol that he was criticized hillary clinton for doing and did so because he wanted to spur a special counsel investigation. so there's been a lot of distrust in the fbi as well as the doj so i do think it's important to release us memo and also we saw under the obama administration, it's not like they were against abusing their surveillance powers. the court condemned the obama administration for fourth amendment abuses. they spied on senators, they spied on reporters does not like the obama administration didn't abuse their power. >> harris: so the way that guy laid it out, i do kind of understand why you'd want your own memo versus the memo coming

out. again, do the american people need to see both memos? where are we on this? >> kennedy: to add to the beautiful analogy of cherry picking, so you have two parties that have big two cherry pies. i think take the city orchard. enough of the middleman. let's not read a memo that's about this intelligence. give us something more. and we have people like trey gowdy and devin nunez who have been so staunch in their desire to renew section 702 of the act and allow for more warrantless spying on american citizens and now all of a sudden they have a problem with only part of it? they may be people who have problems with all of it. there are institutional weaknesses, show us what they are so we can see and make up our own minds for ourselves instead of having these intermediaries who keep driving things that are apparently so agreed to send to your point, we

started the special counsel because of some leaked information to the media. but now this is trying to end it, at least it's going through a protocol and legal means. >> sandra: if this does tell us about the dossier that we do not know and trey gowdy has insinuated that's what we will learn about we will learn more about that anti-trump dossier from all of this, jason chaffetz this morning laid out both cases. the case for revealing this in the case were not revealing this book four page memo. this is the debate that's happening at 5:00 today. >> guy: "the new york times" story today, they may as well release it and one other small point, when the times reported today the remote surveillance on carter page was started as early as 2014 way before as a politician, it was extended by a trump appointee, rod rosenstein. that complicates the narrative about a democratic witch hunts. >> sandra: meanwhile, growing

backlash over the anti-trump text messages exchanged between fbi agents peter strzok and lisa page, those two on your screen. in our public and lawmakers want to answer as to whether the two may have influenced former fbi director james comey's exoneration in the hillary clinton investigation or the launch of special counsel robert mueller's rush appropriate house to share a committee bob goodlatte renewing calls for an independent investigation. >> a month ago, i called for and mostly other members of the house judiciary committee on the republican side called for the department of justice to appoint a second special counsel to look at how matters were conducted last year with regard to former fbi director comey, former attorney general lynch, and all the things that swirled around that investigation. now with the page-strzok texts, we are seeing these things blend together in one long continuum with the two of them at or near

the center of what was going on in the fbi. >> sandra: would there's a lot of questions not answered at this point on this. >> guy: i i don't know, maybe i speak for myself or more americans. i'm starting to get special counsel fatigue talking about this. let's put another one on top of the mueller pro. it's a tough one because i agree with you there are unanswered questions. i think some of the stuff coming off of what we are learning about the hillary investigation in peter strzok smells a little bit fishy. they were going to look at how it came to pass, generally the people who do the investigations are the federal bureau of investigation. in the doj. but it's their conduct is under scrutiny, how do you do that in an independent way? >> harris: you know who you sound like? the president who said that you need to investigate the investigators. that was sizzling which early on. it's interesting. although legal experts have told me that you want to leave the apparatus in place as much as you can because they are tasked

with keeping a look all along not just when something happens that we know about anyone that apparatus to be solvent. so is difficult. >> sandra: it is difficult and there are still a lot of questions. what you think needs to happen here? >> kennedy: i don't think we need to appoint a special counsel every time we got issues for every time there's a crisis in some governmental agency. there is a mechanism in place and that is the inspector general and right now, the department of justice is under investigation by itself and maybe need to broaden them. maybe it's impossible but that's what the inspector general is therefor. >> harris: and it worked this time because they found those text messages. >> kennedy: that's absolutely right, that were mysteriously missing during a very curious time period and magically appeared the day before rod rosenstein named him the special counsel. there they are with the white house travel papers. >> lisa: here's the thing, even if if you have a we dislie the president and you dislike is in administration, the reality is we had one of the lead investigations for the

hillary clinton investigation text messaging about wanting to go easy on her who also change the language to carelessness which is something that is a criminal act or something that was not. but then text messaging about an insurance policy with president trump and the deputy director's office for at least according to the text messages. i don't care if you like this president or not. that is deeply concerning. >> guy: dictated his point, i agree that is concerning and i think people deserve answers. >> lisa: is deeply concerning. >> guy: there is a next level of special counsel versus the inspector general which is looking into that. do you think an ig is sufficient? >> lisa: i don't know. i truly don't know what the answer is here. i do worry about weaponizing special counsel investigations and i do know it's been alan dershowitz who said even the one that we have now is under fair

and without merit. so i do worry. >> harris: you created a two-headed monster. they're going to go in every direction that they want to go in. >> kennedy: when the democrats are in power, what are they going to do as far as appointing special counsel? >> harris: the goose, the gander. >> guy: don't have subpoena power if they control the house. >> sandra: kind of looks like that, doesn't it? president trump is giving up for his first date of the union address but some are watching to see what he says after and if it translates into midterm victory for the g.o.p. how much his speech will boost republican's chances come november. we shall debate. patrick woke up with back pain.

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>> harris: president trump is gearing up for his first hit of the union address tomorrow night. it's where we started and we are going to continue now. some say what matters most speech is what he says after it, so it translates into legislative achievements and electoral victories in the midterm election. the address comes with the republican party is in an uphill battle to keep its majorities. historically, the party of the president loses speed and the president shows democrats or had on the generic ballot question. former white house press secretary to george w. bush ari fleischer told politico president trump has to be normal. he is entering the must get things done part of his presidency in a big part of that can be driven by a state of the union speech that's normal and gets bipartisan support if he remains a president that solely represents his base, it will severely limit his ability to get anything done in congress if he gives a unifying speech and talk about things that elevate us, not divide us, he has a chance to move voters into his

camp. the entire time i was talking, guy benson was shaking his head. it was at my? >> guy: you are enunciating every thing perfectly as usual and i think the council from ari fleischer is wise and correct but i am sorry, one speech even if it's a grand slam tomorrow night is not going to change the dynamics in washington, d.c. he's not going to become a unifying president because of one speech. people are speculating maybe he can help republicans for their chances in november with a good speech. i don't think he couldn't help republicans in mid-february because by the time the speech -- coke >> kennedy: i want to point out things really quickly because i think you're absolutely right. you know it has the most impact? that open meeting. i think every meeting should be bipartisan and bicameral. they should be cameras, which is exactly what i it gives because they went to a closed-door meeting, that's what you have to say. about descriptions of certain countries in certain parts of the world. >> harris: a member on the couch sounds like the president, you must be reading his tweets

because what he said it was maybe all of those types of meetings should be televised. >> lisa: optics matter. the optics of that meeting were incredibly important. member during the election and president trump went to mexico, that made him look like a president. that had a big impact on changing the narrative and having voters look at him a little bit differently because he was very criticized as this reality by, not as much emphasis on his business background and i i'm going there, the optics of that were very important to the election so i do think if he goes out there and looks like the commander in chief, talks about these economic successes most importantly transcends the political divide in this country and he goes out there as commander-in-chief, talks about the success with isis. i think it has a big impact, at least the way that he is viewed. >> harris: it so interesting because eight years prior where border issues were coming up because we had all those undocumented children coming by the tens of thousands across the border, that was a president who didn't had to the border of

mexico so talking about the juxtaposition at a time when then canada trump needed it. >> guy: to be clear, i'm not disagreeing with you that this is not important. of course it's important, it's a huge opportunity for the president to advance his message that can have an impact and it can be a lasting blip in terms of the poles. even for trump, i'm just saying the idea that speech is going to have any effect months from now in an election i am deeply dubious. >> harris: i wonder about that because what we saw in davos with the change of the conversation at the time had those 15 global business leaders in the room and opened up the cameras just like you had on those previous. >> sandra: don't think you're underestimating this president's ability to win and a necessary moment in to reach out and unifying people with an emotional message he's capable of doing that? he showed us that on the campaign trail, he is expected to bring in the mother of a

daughter that was lost and killed by an ms-13 gang member. there's going to be emotional pleas that are aimed at unifying the audience sitting in that room. >> guy: don't misunderstand me. i'm not saying that the president doesn't have an opportunity and the ability to give a uniting well-received speech. i think that's entirely plausible if not likely because they were working hard on the speech. i just don't think that anything that the president says in a prepared text at the end of january is going to be on anyone's mind by the time they go to vote in november. it's all i'm saying because it can be one tweet from the president the next day or week later or two weeks later that she is the entire conversation and it will seem like a distant memory. >> harris: we are getting some reporting of the president unlike other previous presidents is not planning to go right out and hit the trail for lack of a better term to sell what he says tomorrow night. that's typically what we seem presidents to. it sounds like. >> guy: they have to keep the

government open. there's a crisis. >> harris: i guess if he potentially drops the mic, he won't need anything else. >> lisa: i think we are all kind of saying the same thing a little bit. i see what you're saying in the sense of our people going to run with a precise thing which of the things he's saying? the point i'm making is at the optics are important of him standing up there as commander in chief and i think that resonates with voters and helped republicans the midterm election. >> kennedy: is a low bar, he can make that kind of a big speech. but you're absolutely right, the new cycle goes so fast as you're going to pound out that we can forget it with one tweet, one comment, one thing and that is a blessing and a curse. >> harris: one thing with presidents as their tone and every president says it, the state of the union is strong. then they have to back that up. has it reached 99 record closes are still at 98? somewhere along the line of almost 100 record closes on the dow since this president took office.

it's almost 100. so then you look at unemployment where it is now particularly for people who look like me, ten. and that's at record lows as well. can you talk about those types of things, it can be the tone of optimism, which we have not had, it can be that. you're right. they warm up the words. i'm just asking the question, could the tone resume and have a long-lasting effect? >> kennedy: that's the most important thing that you just pointed out. people are feeling at home, that's how they're going to vote. it doesn't matter what someone tells them. if that's not your reality, it doesn't matter. that's why there's been such a big disconnect between voters in washington. >> sandra: we want to alert in here that we are expecting to see and hear from president trump potentially just moments from now. it was on the white house calendar today, 12:tend to be meeting with his u.n. security council the second time since becoming president. let's listen to the president of the white house moments ago.

>> president trump: thank you very much, everyone. i'm honored to be joined by secretary tillerson, ambassador haley, general kelly. and general mcmasters. very distinguished group of united nations united nations security council ambassadors from all around the world. today, we will discuss our cooperation, range of security challenges including the de-nuking of korea, stabilization activities in the middle east, ending the syria conflict, and confronting terrorism. this is x of the united nations depends on the independent strength of its members and thee very strong members. some of them are new to the council. we are meeting on the global stage to renew this founding principle of sovereignty, the united states has done a lot over the past year. i appreciate all the congratulations but on economic front and the financial front,

it's been incredible what's happening. it's a whole different place. it's booming. it is going to continue. we have a long way to go. and it's been doing really well so we appreciate that. we take in the world a long with us, helping the world that's why some of the countries throughout the world are doing much better is because of what we are doing. my administration is proud to work with you. we've already done a tremendous number of buildings and united nations security council in particular is very important to us. the power and the respect that it has all over the world is very, very excellent. but there's much work that we have to together do. earlier today, the ambassadors viewed a display of iranian missiles and arms that the regime has transferred to its militant allies and yemen and later today, they are going to view syria's atrocities

exhibited at the holocaust museum. so they seen the missiles from iran and looking at some of the atrocities taking place in syria. we will also discuss what more we can do to defeat taliban. i don't see any talking taking place. i don't think we are prepared to talk right now. a whole different side over there. they are killing people left and right, innocent people are being killed. left and right, bombing in the middle of children in the middle of families bombing and killing in afghanistan. we don't want to talk with the taliban. there may be a time, but it's going to be a long time. we will roll out and that's taking place right now and it's a whole new friend, and a whole new set of principles that we are being governed by and we see what they're doing in the atrocities that they are committing and killing their own people and those people are women and children, many, many women and children that are

totally innocent, it is horrible. so there's no talking to the taliban. we don't want to talk to the taliban. we are going to finish what we have to finish, when no one else has been able to finish and we are going to be able to do it. so thank you all very much. we appreciate it. we are going to a tremendous discussion about that and other subjects. thank you all. thank you. >> sandra: that is the president wrapping up his second working lunch with the u.n. security council at the white house. talking many different things at the very end, you are to question thrown out to him about andrew mccabe and now you're saying the banner at the bottom of our screen because it was just confirmed by fox news while the president was speaking that the fbi deputy director andrew mccabe is out at the barrow. this just coming in with the confirmation from fox news saying that sources familiar

said that in advance of the ig report, mccabe was told to begin what is referred to as terminal leave is the language being used. in other words, taking all his vacation time until that is done but now he is officially out. he will not be going to work anymore at the fbi. can you provide some context for us on this breaking news? >> guy: its specular tories were spent with him at this point, but you look at this timing, yesterday, reported ando capitol hill and vote today at 5:00 p.m. on whether to do that and then the next day, the deputy announces that he's done. it is something in that memo that reflects poorly on mr. mccabe? is he resigning effectively in protest over the imminent release of the memo? we don't know yet. but the fact that ray wrote the memos yesterday and mccabe is out today a week before. i think it's interesting.

>> harris: he didn't just read the memo. he was asked to look for any inaccuracies or thing that he would need to maybe change before would be potentially released which is an important detail i think as we been talking about. one person was put into place by this president and one person and some of those text messages i believe the name and he came up and we all felt that it might be andrew mccabe between those two and two trump text message exchangers, the two people having an affair at the fbi for lack of a better term. so you got that going on. but if christopher wray looks at this along with his team and determine if there were no inaccuracies or any reasons for him and his camp not to see this released, that's potentially bad for mccabe because we know that he was a player before ray came on board. >> kennedy: we also know she was potentially one of the more political figures and we talked about this a lot because his wife of course receiving upwards of $700,000 in campaign contributions from terry

mcauliffe, the governor of virginia at the time and his related political entities. it certainly does. this is one of the most loyal clinton allies there is on the planet. giving hundreds of thousands of dollars for state senate race to the wife of the deputy director at the fbi. i think there's a correlation there. that doesn't necessarily have to do with this. mccabe is up for his full pension and he can retire in about four weeks and instead of staying on, he's resigning. >> sandra: is going to be staying on the fbi. >> kennedy: he's done. he is stepping out so he's taking his five weeks of lead in leaving and he is doing this the day republicans are voting as to whether or not to release this. >> harris: so no tea leaf reading there, just enumerating the facts and one of them is andrew mccabe, deputy director of the fbi is gone. lawmakers are giving up for a new round of immigration debate after the white house released its wishlist to congress.

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you can leave worry behind when liberty stands with you™. liberty stands with you™. liberty mutual insurance. >> harris: we are working this breaking news story here on "outnumbered" and that is the deputy director of the fbi is out. you remember after james comey previously was fired by the president, this was the man who was acting director for a while before the current director christopher wray took over. christopher wray we have learned through our sources at fox news and confirmed was given an interesting memo just yesterday written by republicans house intelligence committee which seemed to show questionable activities by the fbi and some of those who are in charge of taking a closer look at the trump campaign before mr. trump became president. so all of that, that ♪ ♪ in particular is going to get a vote today on whether or not that should be released to the president. and here's what's interesting,

and those are just the facts. you don't have to connect the dots, you can just listen to the facts. but this particular individual was mentioned in those text messages. i have two fingers in the air from the couch. let me finish this one sentence. he was mentioned as andy and those messages, those antitrust messages that we now know about between two mpi agents at the t. one is some sort of insurance policy to see that mr. trump didn't get into office. >> sandra: this is exactly what came to mind immediately when this news popped up his remember, and he was reference and it is to be believed that this was referencing andy mccabe who is now stepping down of the bureau. i want to believe the path for consideration in andy's office, the two lovebirds exchange in the text messages. there's no way he could get elected.

remember, trump tweeted about that. he says this is the fbi we are talking. that is treason. called it treasonous. >> kennedy: i want to add to that because if you remember, they were also talking about recusal and the fact that mccabe didn't recuse himself from this investigation until the very end and they were senior official at the fbi who wanted him to step aside from this and those lovebirds who brought up the point of the story and whether or not that was going to get traction and whether that was going to have some impact. >> harris: his wife getting all that money for people who are just tuning in a didn't see it previously before the commercial break, getting all that money to run for office. >> kennedy: they reference recusal great >> harris: who really quickly before you talk about that dialogue bubble above your head, we know with judicial watch was on our french, the program this weekend and he said back in september, we sued for andrew mccabe's text messages of the number two at the fbi and

they just now have told us this week, this was saturday, and this weekend that they've given us everything they're going to get. not one text messages turned over. they lost all of andrew mccabe's text messages, i would put it question mark there because it's not my reporting. but he says he doesn't believe it. he wants to know what andy mccabe might've been talking about since he was mention of those anti-text messages between the paramore and her coworker at the fbi. >> lisa: the timing of this is interesting because we do have the house voting on this memo today as it is announced that he is indeed stepping down. i do think the timing is slightly interesting in that. what is in the memo, what is in the memo relating to him. that is interesting and we will find that out if they do decide to release the memo. we will know if there is reference to his name in any action that he took that perhaps he shouldn't have taken. if i had a bent, if i was a betting woman, i would say more

people are going to alternately step down because there is an intense focus on the fbi with these text messages that have come to light. congress is on this, congress is an investigative body to wonder why they're so interested in this. people are going to end up stepping down. the five we have to clarify that we don't know if there's a direct correlation between andrew mccabe. >> harris: not asking anyone to connect the dots. >> guy: that's a perfect segue to my point which as we begin the program earlier today debating about the release of this memo potentially or otherwise. i think what just happened with mccabe stepping down strengthens the case to release it. it's impossible not to at least wonder if one led to the other and if you have the deputy fbi director stepping down because of something in a secret memo that none of us have seen, there's going to be a cry to see what's in that memo. >> harris: when the doj says, they put a block on it last week that says they want to take a look at this because of there

were any improprieties, they want to be able to address them. when they say that, have they done that? what's our measure that they actually did that? >> sandra: the make of this other tidbit from our fox news reporting. it would be accurate to say mccabe was removed, that's how it was initially described, he was removed and further we are told this is most likely the earliest date possible for the fbi to remove him and still leave him fully eligible for his pension. >> harris: that's interesting. >> guy: that's another element of the timing. we could be looking at it in light of the vote tonight in the house intelligence committee, may be just a game of math and when they can get rid of him as soon as possible while he still gets his pension. if i've maybe there's something else in there and another part of the investigation where his name is a critical element. >> harris: i have to stop you when you get to the third may b be. we have a lot of facts to work with here and i've got to tell you, as you look at this, the

big question is what's in that memo and what went on at the fbi home and just a lot of questions at this point. >> kennedy: too many. let us see it. let us see all that there is hidden. i understand what actions for the sake of national security, but the rest of it, go ahead and open it up so there's not the kind of speculation. >> harris: he'll let me know if i'm getting it wrong, but that there might not be any reason to redact anything. i know representatives eldon who said last week, they might not be any reason to redact anything. again, if everyone is taking a peek at it and they look and they see. >> sandra: is important to point out that while this vote is happening at 5:00 today and they're getting together to debate this, doesn't necessarily mean we're going to get to see it. but when i want to know where the doj is in terms of their look at this too. is what we do know. >> guy: goes to the president so if they vote to release the memos, the president has the window a few days to object. >> sandra: he was estimating

last friday would be ten to 12 days from last friday, so looking at potentially another week. >> lisa: there's no way the president would if, in fact, this passes and he is and this memo is able, but going back. >> harris: he arty says he wants transparency through marc short at the white house communications department. >> lisa: again at the base level, we have a lead investigator for hillary clinton talking about going easy on her and then the same guy talking within text message talking about an insurance policy into former deputy director's office. so we really do need to get to the bottom of this and is highly concerning. i don't care if you like the president or not, if you have an abuse of power there that is deeply concerning and we really do need to get to the facts. >> sandra: we better send you up to your studio. the briefing is starting at 1: 1:15. >> harris: can i quickly say, laura trump will be joining us. going to talk all about the state of the union. she was one of the forefront faces for women for trump during

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>> sandra: we've got a few seconds left, eric holder is responding to the news right no now.

or maybe he did something wrong, who knows. >> guy: that's a baseless piece of speculation from the former attorney general, he does not know. >> sandra: and our full of breaking news, more to come. thank you to guy benson for joining us today, here's harris. >> harris: let's continue with the breaking news, this is coming up. we are awaiting the start of the white house daily press briefing expected to kick off minutes from now. fox news confirms that andrew mccabe is leaving the agency. the news coming about 24 hours before president trump is set to deliver his first date of the union address. chief white house correspondent john roberts breaking down from the north lawn outside the white house this breaking news. >> good afternoon. it looks like this took the white house by surprise, they learned about this from seeing it on television so it appears there was no prior notice given to