contribution that this man made as he now lays in honor there at the capitol. >> a worldwide force. >> yep. >> thank you for joining us. >> absolutely. "outnumbered" starts right now. >> fox news alert. an evangelist who touched the lives of so many, counseling presidents going back to harry truman. the reverend billy graham, only the fourth u.s. citizen to lie in honor at the u.s. capitol. president trump and the nation's top political leaders paying tribute to the man known as america's pastor. we will be following this story as it plays out in the nation's capital today. >> this fox news alert, the white house coming to the defense of the president's senior advisory and son-in-law, jared kushner. yesterday kushner was stripped of his top-secret security clearance. this is "outnumbered." i'm harris faulkner.

joining us in the center seat, david asmund is here. >> it's a big day. a lot of breaking news. >> let's to it. the downgrade to kushner's security clearance, the administration has been criticized over revelations that dozens of aides were working under temporary security clearances. yet they still had access to the nation's deepest secrets. this comes as "the washington post" is reporting foreign governments may have sought to manipulate jared kushner, and those concerns may have held up his full security clearance. counselor to the president kellyanne conway says the president has the highest of confidence in his senior advisor, and brushed aside reports of more sniping from critics. >> i think that there are people

out there, gunning for folks inside all of the time, and that goes beyond doing one's job as a reporter, as a journalist. you know, since the moment we arrived here, folks have been throwing logs in our path, and it hasn't dethis president from carrying out the agenda on behalf of the american people. >> david, where do you put this. we knew after the departure after one of the employees in the white house that they were going to look at this sort of thing. >> right. >> republicans led the charge on that, by the way. >> well, the thing that i have difficulty with is if jared kushner's going to play a big part about what happens in the middle east, he needs access to top-secret materials. there's so much material dealing with the middle east that is labeled top-secret because of terrorism concerns, etc. israelis, of course, are highly concerned about their own security. this could curtail his ability to function as kind of a diplomat, if you will, for the white house, which particularly in the middle east, but "the washington post" story, the timing of the story is interesting, because even though it came out in the paper edition

today, a lot came out yesterday, and a lot of people are wondering whether general kelly was reacting to that with an overabundance of caution or whether "the washington post" picked up on what kelly was about to do. so there's a question about timing. there are several countries mentioned, mexico, some arab countries. israel itself. it's unclear who they're getting this from. it may be another fake news stories. >> it's unclear what they're staying. >> what "the post" says there were certain individuals in those governments trying to figure out ways they could leverage their own desires with regard to jared's business concerns. >> that's real news, because i think they probably try to get away with whatever they can. >> doesn't that bring to mind the clinton foundation? the exact same countries on that list were doing, donating tens of millions of dollars.

>> the clinton administration, they did give money to these foreign governments. >> i want to go, if we can, and just pull up a quote from jared kushner's attorneys. he says, no concerns were raised about mr. kushner's application. as general kelly himself said, the new clearance policy will not affect mr. kushner's ability to do the very important work he's been assigned by the president. >> it's interesting, because the state department made a similar statement, saying i can't see change on the importance of his issue, dealing with the mid east peace, and he will continue his work on this, and that will not get in the way of his work on this issue. it's hard to believe that. >> it is hard to believe that. again, you think of all of the sensitive material that anybody dealing with the middle east has to deal with it. some of it has to be top-secret. >> katie, when you sit down at the table, you don't want everybody to have more access

than you do, because you're at a disadvantage immediately. >> certainly an access problem for him now. it's important to point out this just wasn't jared kushner who had his status not revoked, but downgraded. >> that's true. >> there are a number of white house advisors who had access to this information who no longer will. jared kushner was receiving information about -- and seeing the president's intelligence briefing, which is important when it comes t to terrorism around the portland. it's important to have a chain of command and a system. if you don't follow the system and hold everyone to the same rules when it comes to security clearances, everything breaks down. we're talking about national security here. it's not an issue of a family member, jared needing access and therefore he gets it. i'm glad to see that john kelly is holding the line here, making sure everybody is playing by the same rules. >> kennedy, what does it inform us of when the president says

it's between john kelly and jared kushner? >> the president knows how bad it would look if he granted his son-in-law top-secret clearance, when the background is still held up because of some information jared kushner withheld, his foreign contacts. does that mean he's done something wrong? no, not necessarily. does it mean he's in the pocket of these different countries, where maybe his family company is trying to get financing from some entities in these countries? does that mean that? that's certainly the implication by "the new york times" and "washington post." this is part of what is problematic about, you know, what ann coulter raised about president trump hiring his daughter and son-in-law, and these very critical roles, and also having an unorthodox person in white house who does have business entanglements, surrounded people with the same kind investments. >> the point that kennedy brought up earlier is key here. you think of how loose the previous administration was, particularly the state department, under hillary clinton, with a lot of this

information that ended up on personal servers, etc., all of the compromising situations that she was in with regard to the clinton foundation, etc. this is such small potatoes. the way the media is playing it up, on the front page everywhere, when certain people, by the way, in the obama administration, either lost their security clearance or didn't get security clearance they should have had, that wasn't big news back then. >> the list of people. it wasn't one or two people inside the white house in limbo, i guess is the best way to put it, because there was such a backlog for security clearance process. it's a way to say we have our ducks in row, but it wasn't just kushner, wasn't just a handful of people. >> there's no doubt based on the way that washington operates security clearances could go through quicker but don't because of the bureaucracy they have to go through inevitably. >> i read there was a backlog of 1300 people. >> right. it's a lot. it happened during the obama

administration too. that's not small potatoes. anyone who has access to top-secret information, including the intelligence briefing the president gets every day, should have a pass. one point i want to make in terms of why the security clearance for jared kushner is taking so long, remember that most of the people who go into these government positions in the white house have worked in government their entire career. so you have a guy who does have connections all around the world, in a business aspect. he's not going through the pipeline of government where he's been approved before for a security clearance. >> by the way, i want to clarify one thing. i don't think it's small potatoes that general kelly is concerned about security. i think in comparison to what happened in the obama administration, what's happening right now is small potatoes. but again, general kelly knows what he's doing. i think you're absolutely right -- >> speaking of the obama administration, we have to have the same set of standards. we can't be outraged if one administration is doing, but give another administration a

pass. it's not okay. if this was happening to one of president obama's family members, we weren't getting answers, a lot of people would be asking questions. >> we should get answers. >> david, before we move on, i want to backtrack about where we are with jared kushner, and maybe other members of the staff, but particularly with him, understanding, well, what is his job now? >> that's a good question. that should be clarified. maybe it will be, because general kelly has put everybody in lockstep with each other in terms of what people have to do in order to get certain clearances. i think it's a step in the right direction. i think it's a positive aspect, but the question is whether jared is going to be able to do what he did do before, in dealing with governments like israel. i think the answer is no. i don't think he will have the same access to information that would be critical for him. >> so much was expected, you know, when you examiner mexico, the middle east, criminal justice reform, and the private

sector. >> adding to the mystery, we don't hear from jared kushner very often. we don't hear him speak publicly very often. >> uh-huh, that's true. again, when you have a family member involved, there are going to be these conflicts. remember robert kennedy and john kennedy, the same sort of conflicts. >> new questions now after a bombshell report that russia was found to have compromised seven states before the 2016 election. those states were never fully informed. did then president obama drop the ball on that issue? and dignitaries, including the president, honoring the reverend billy graham today as he lays in honor in our nation's capitol. president trump saying reverend graham changed the world. stay close.

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you know what's not awesome? 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. >> fox news alert. the nation's leaders honoring america's pastor. reverend billy graham's casket arriving at the rotunda this morning. the president saying reverend graham's work and message helped change the world. >> he took his message to the poorest places, to the downtrodden, and to the brokenhearted, to inmates in prison and to the overlooked and

the neglected. he felt a great passion for those that were neglected. everywhere he went, reverend graham delivered the same beautiful message -- god loves you. that was his message. god loves you. today we give thanks for this extraordinary life. it's very fitting that we do so right here in the rotunda of the united states capitol where the memory of the american people is enshrined. >> the late reverend lying in honor in the rotunda. this morning a beautiful ceremony, members of congress, the president, speaker of the house, paul ryan, speaking at that ceremony this morning. and now the public will be able to go pay their respects. >> the great thing about what we saw today is that the powerful people, the most powerful people in our country, at least

politically speaking, were there in honor of a person who always focused with the powerful on how humble they had to be, because we all, according to god, we all have to play by certain rules. some people get so powerful, they forget about that. billy graham was there to remind them. he would go in the inner sanctum, whether it was the white house, the senate, wherever it was, and tell powerful people, look, you may feel powerful, you may feel a step above the average person, but you're not. if you don't play by the same rules as everybody else. what's great about this country, yes, we have separation of church and state, it's important, but we also have faith in god. to put faith in god above our faith in government is important. i'm going to harken back to the old days. in the 1800s there was a book called "democracy in america," trying to find out what makes america different. he talked about religion.

he said upon my arrival in the u.s., the religious aspect was the first thing that struck my attention. in france, i had almost seen the spirit of religion and freedom marching in different directions, but in america they were intimately united. billy graham recognized it that it makes the country united. >> i'm so glad you read that. it's applicable in every moment of faith. the one thing too that stood out about the reverend graham, while he met with religious leaders of different faiths, he never lost the element of this is christianity in his walk. today we've become sanitized inhow we say things. maybe you've heard. it's okay to say happy holidays, but the reverend graham thought

christianity had a place in the world, and walk it out in the most remote corner of the world, where maybe they hadn't heard the word, but he preached it to them. that's part of his legacy. >> absolutely. no man in the history of the earth, in the history of human history, has spread the gospel more. >> what's interesting with his method, why he broke through with so many presidents -- melissa francis made reference to this last year -- there was a compelling episode of "the crown," which is about young queen elizabeth so far, how she was so intrigued by billy graham. she brought him to the uk. you know, there were people within the church of england who sort of doubted him and saw him as a charlatan. what he did so differently with her -- i'm assuming he did this with presidents. you know, people who are revered, have so much power, are treated so differently. he realize they needed some simplicity. the beauty of his message broke through from people who felt so different from the citizens or

subjects that they rarely interacted with. that's why he connected with those people, brought them back to that childhood simplicity in their faith. >> the rapport he developed with the queen was very -- >> intriguing. >> the millions, even billions, of people he's touched throughout his life. you see his daughter ann sitting there with the entire family. his legacy will live on through them, the good work they did. first time i went to israel, i went with ann and her daughter, learned about their family. to see the things they've been able to do with humility is a good lesson for everybody. to see the respect he's getting in the nation's capitol at a time when a lot of americans feel religion is under attack, their religion is under attack, to be the fourth person to have this honor -- >> congressman steve scalise

taking a few moments there to say his good-byes to billy graham. what a moment this is, though, for our country as we see obviously both bodies of congress, members of both parties, coming together for a religious figure. the first one to lie in honor in the capitol rotunda. >> when you see someone like representative steve scalise, and you know what he's been through in the last year, since being shot at that congressional baseball game, and you can imagine, and he's talked about it somewhat, maybe not in detail, but you can imagine leaning on faith, leaning on your christianity is something that he and his family have spoken of. rand paul recently had his injury, and he and his wife put out a video around christmastime, speaking of their christian faith. it's something that when you are in the presence of someone like a reverend graham, you know you've got a partner in that. they're saying good-bye to their partner. >> can i say there was one phrase that billy graham used to

use to describe himself, to describe what he said every leader should be, as servant leader. go back to jesus. jesus said the first in this life is the last in the ethics e in the next life. he was key in making sure everyone in a leadership position was a servant. we've lost sight of that in many ways. >> we'll continue to watch that ceremony as it continues, as members of congress continue to say their good-byes in respect to the late reverend. meanwhile, a big development in the wake of the dueling memos. now attorney general jeff sessions announcing the inspector general will announce alleged government surveillance abuses. how big of a deal is this and why does president trump seem less than pleased about it?

>> fox news alert. president trump publicly calling

out his own attorney general following a big announcement from the nation's top cop. yesterday attorney general jeff sessions said the doj inspector general will investigate alleged abuse of government surveillance powers against the trump campaign. the move following the release of two house intelligence committee memos. here's the attorney general. >> we believe that the department of justice must adhere to the high standards in the fisa court. yes, it will be investigated. i think that's just the appropriate thing. inspector general will take that as one of the matters he'll deal with. >> president trump tweeting this morning, quote, why is ag jeff sessions asking the inspector general to investigate potentially massive fisa abuse? will take forever and has no prosecutorial power and already leaked with reports on comey, etc. isn't the ig an obama guy? why not use justice department lawyers?

disgraceful! that tweet getting a lot of attention. here's republican congressman pete king. >> i do think the inspector general's investigation is important. there's no reason why the department of justice can't do it's own parallel investigation, because, again, the inspector general, in my experience, has always done a very good job. it can take time. >> it can take time, pete king says. pete king also went on to say, you know, didn't think it was necessarily a good idea for the president to speak out so publicly against his own ag. >> i know, but imagine the frustration, because it was jeff sessions who started the mueller ball rolling by his recusal in the first place. i don't think the president's ever gotten over that. i think he does blame jeff sessions for what has been an albatross around this administration's leg right from the beginning. >> when you call a guy an albatross, i assume you might be with those that agree he should

go. >> yes, absolutely! well said, harris faulkner. >> one would think so. peter king is right. after what the president thought was a monumental mistake, recusing himself and causing this special counsel, you know, he's done the best that he can to support the president. again, i just -- i don't think you can stand up to this kind of criticism and hold your head high. >> so, kennedy, when the president -- i mean, you can look at the recent past to inform us of this. when the president wants to call somebody out, he does it. it usually seen as an error on his part. there have been times -- you know, in the interview with judge jeanine, you know who, and we think that's who he meant. would there have been room for the president to make a move on jeff sessions and not get flak for it or not? >> yes. we heard from reince priebus in his own words that the ag resigned. he handed in his letter of

resignation. priebus says he jumped in his sedan and convinced him to come back and not quit so soon. i think his time has come. the president, it's obviously calculated. he knows exactly what he's doing. this is not an impulsive tweet. he called him out the first time. they seemed to mend their relationship. and sessions went back to the doj and focused his efforts. now there's so many things within the doj so problematic, including the department itself, and especially the fbi. it seems like he's lost control of all of this. i don't have an issue with the inspector general. i'd rather see an inspector general of this department as opposed to another expensive counsel. >> and the inspector general has done a good job until now. >> i think the president is wrong when he says it's a disgrace for the attorney general to appoint the inspector general to look into this. i think any other attorney general would do the same thing.

switching out jeff sessions for another person i don't think will solve that problem for the president or take away that grievance. he might not be mad at him, but in terms of moving forward for the inspector general, these things can take time. they also can be expedited. just depends on how long the investigation is. we're waiting on the report on whether the fbi handled the clinton investigation properly. as we just mentioned, the inspector general is the one who published the fbi's text messages to expose that there was some bias with the fbi happening. he's correct when he says the he doesn't have prosecutorial abilities. handing it off to the ig, an independent body, and trey gowdy says he supports the inspector general, gives the president and justice department more credibility and allows them to say this is what an independent investigation found. now it is our job as lawyers at the justice department to follow up. >> i still don't understand why

mueller himself is -- we don't understand everything he's doing. >> no, we don't. >> collusion with russia, the trump dossier, a bunch of bs, put in a report, paid for the dnc, and has the signs of collusion that mueller was looking for right there. >> does he also have the ability to objectively offer the oversight of the department he used to run? >> no, he doesn't. >> a shocking report over president obama's response to russian meddling in the election. reportedly he received information of the compromise of seven states prior to the election. nbc is reporting that none of the states involved were fully informed about the breaches. you can't fix the problem if you

don't know it's there. david? >> president obama, i believe, felt that hillary clinton was going to win the election. he didn't want to upset the apple cart. i mean, there were several things that happened, several problems that occurred during those last months of the obama administration. he did everything possible he could to smooth things out. i think if he was to investigate russian meddling in the election it would have created too many problems for the democratic party that believed that they were going to win the election. i believe that. >> katie? >> i don't think that the obama -- i think the obama administration saw the intelligence coming in. based on what the president had said previously, laughing at mitt romney for saying russia was a threat. they knew it was a president bush, but didn't think it was -- it was a problem, but didn't think it was that big of a problem. once trump won the election, they used it as a political weapon against the trump white house to delegitimatize him as a

republican president. i don't think they thought it was that serious, that they ignored it. i just think they didn't think it was that big of a deal. >> kennedy, i think that's worse if they underestimated russia. is that like isis, the jv team? >> what was problem about the obama era, they didn't take foreign policy terribly seriously. a lot of decisions were politically motivated. that's incredibly problematic. and now it's bearing fruit, because not only for not taking things seriously enough, that means you're not prescribing the kind of security necessary to protect the voting systems. anything with a chip can be hacked. russians know that. our own government doesn't seem to understand the threat. you know, six of these seven states have said nothing to see here, you don't have to worry about us, nothing was truly breached. we don't know the depths of it. in fact, the young woman who leaked information to glen greenwald at the intercept,

that's how we found out that voting systems in the country were hacked. >> one other thing. there was also the iran deal, which was in the midst of a lot of debate at the time. that was -- obama thought that was his crowning achievement in foreign policy, because he didn't have so much fecklessness in other areas. he needed the russians to get that deal done, to secure the deal, to make sure it would move its way into the future in another administration. >> how do you see the governmenk you're being facetious. they're not doing enough clearly. they could do more. >> in terms of cyber security, we're not doing enough in this country. >> my question is, does president trump understand the extent of this, attempting to tackle the problem? >> we just learned that the administration mass not given certain people who could look at this issue of cyber warfare direct -- the white house has not given direct orders to do it. i would assume it's their job to do it anyway. >> you also have to be very careful about the federal government overextending their

authority here when it comes to elections. elections in this country are state-based. it's the state's duty and obligation to protect their system. the federal government can give them a heads-up. i don't know why the intelligence committee -- or the intelligence community didn't tell them this was happening. the left has a vested interest in federalizing all of our elections. we have to keep in mind that states are doing what they can, what's best for their systems. the federal government shouldn't be given the authority to come in and override that. >> no. there don't have to be uniform systems absolutely, but i worry we're not -- we don't know the depths of the breaches. we know there were breaches in voter registration and voter rolls, and perhaps voting machines, but they all sweared it didn't affect the outlook of any votes at all whatsoever. >> we know that the russians like to meddle. that's what we're learning. >> not just the russians. >> oh, of course. anybody that could. are we doing all the things that

we can to make sure next november is difference from the previous election november? we'll move on. just minutes from now, members from the public will begin filing into the capitol rotunda to pay their respects to the reverend billy graham now lying in honor there. we'll have continuing coverage. keep it here on fox. and democrats going after longtime trump advisor hope hicks' testimony yesterday saying she refused to answer questions about her time after the inauguration. some republicans are pushing back. we'll talk about it. >> all answers were honest and truthful, coincided, and there's no evidence to show collusion whatsoever.

>> fox news alert. new fallout after the house intelligence committee grilled hope hicks in the russia probe yesterday. reports say hicks answered most questions related to the 2016 campaign, but democrats going on the attack, saying she refused to discuss her time in the white house. >> it was made clear to us that the white house had given miss hicks the same instructions given to steve bannon. this is a breathtakingly broad claim of privilege. this is not executive privilege. this is executive stonewalling. >> some democrats are calling to issue a subpoena to hicks, as the committee did for steve bannon. meantime some republicans on the panel found hicks' testimony forthcoming. >> hope hicks, again, showed there was no evidence at all of any collusion. she answered nine hours of questions. every question asked time and

time again from every different angle. all her answers, all honest and truthful. they coincided. just shows to me, after all these months, well over a year of investigations, there's absolutely not a scintilla offed to find collusion. >> seems like we're back in the position where republicans are siding with the administration and democrats are using it as a political talking about. >> it's so exhausting. we need more than two parties. republicans are, like, she did a great job. what stamina. democrats are like, it's treason. we need transparency. i would have no problem seeing a grilling like this on tv to judge for ourselves whether she's being truthful. both sides are playing for their own advantages. >> pete king didn't just say she did a great job, but she did an

exceptional job, went into excruciating details. she's already answers questions with robert mueller. when does this end? >> it doesn't when you have people jockeying for political advantage. it's not about getting answers, getting the truth, making the country any better or safer. it's literally so each side can score a point. >> speaking of scoring points, i want to pull up this quote from "the new york times," reporting on what hope hicks alleged said and told the intelligence committee. the report said, hope hicks told house investigators on tuesday that her work for president trump, who has a reputation for carjack exaggeration, and outright falsehoods, had occasional required her to tell white lies. david, this is my question. every single office on capitol hill has a communications director and press secretary. is it their job as well to tell white lies or is she simply doing her job? >> if i could answer by not answering directly, just as a

journalist. i used to work for the "wall street journal." that was the lead sentence in the "new york times" report. it was not an editorial. that was supposed to be a report on what happens. to say that, you know, she works for a lying administration, so, of course, everybody who works for a lying administration has to tell lies, in the first sentence of a supposed news report, i just went back and looked at obama's biggest whoppers, from "the washington post," their pinocchios. dozen of whoppers told. if you like your obama plan, you can keep it. the day after benghazi. you can just as easily the obama administration was a pack of liars, and therefore anybody gave testimony is telling lies. it's the way it's reported gets under my skins. >> not being on cameras, the congressmen won't be all over the tv networks, right?

there's harnessing that political exceed yensy. where do we go from here? >> you only get a delay. it's not like you're not going to throw. christopher stewart joined me yesterday, and he had just walked out. he says she's taking every question. i would say when it came to the transition, she said, no, i can't talk about that. she didn't say white house privilege, executive privilege. he said she wasn't answering those questions. he flagged, much like the democrats have, he said, you know, different story with steve bannon. he said his refusal to answer questions was far wider, and he might be somebody they ought to have back. i said when does it end? he said hopefully soon. >> i think americans are sick

and tired of the russian story. the question, david, when does special counsel mueller get his

investigation done. >> and democrats were so hoping they could own the news cycle this week with their democratic memo. it hasn't happened. there wasn't a single story in the "new york times" about the democratic memo, because there wasn't much there. so any kind of memo coming out of congress about-face, all abog to go back to the republican memo, because the democratic memo didn't refute it. >> we're so political right now, that's another reason it didn't move mountains as well. and carter page saying why don't you make my fisa application public? >> kennedy could change that by runninrun as a libertarian as president. >> that won't happen. >> one can dream. moving along, a big court win for president trump, and the

>> more "outnumbered" in just a moment, but first harris has what's coming up on "outnumbered overtime." >> as students return to stoneman douglas high school two weeks after the mass shooting the president is due to speak and meet with lawmakers on school safety. one of the lawmakers, republican congressman john rutherford, will join me. also as reverend billy graham lies in honor at the us capitol, the congressman who sponsored the resolution to give him the honor will be here with me as well. plus, dr. robert jeffers, senior pastor at first baptist dallas. that and more. back to you. >> thanks, harris. this is a fox news alert. we are awaiting to hear from broward county, florida, school superintendent, scheduled to hold a news conference just moments from now. students at marjory stoneman

douglas high school returned to classes today, exactly two weeks after a mass shooter opened fire on campus, killing 17 people. most of them students. we will bring you that news conference when it begins. president trump's border wall clearing a hurdle. a federal judge ruling that the government could ignore environmental laws to begin construction. the president celebrating the decision this morning. of course by tweeting, saying big victory yesterday with ruling from the courts that allows u.s. to proceed. our country must have border security. the federal judge handing down the decision, the same judge then candidate trump accused of being bias because of his mexican heritage. the judge was born in the great state of indiana. david, where does that take us with the wall? >> it gives us another leg up. the question is whether or not

the precedent that the judge was referring to is going to hold in higher courts. i think it will. this was one of those little things that the opponents of the wall kind of threw in the way in order to stop it from happening. it was being, based on a decision made in 1996 regarding the san diego wall, which as folks probably know in 1986, 10 years before that, san diego just had this huge problem. they captured -- border patrol agents captured 600,000 people in the san diego area during that one year, in 1986. they built a wall, fortified it in '96 in a way that didn't go around environmental protection things that the judge referred to. now they have 30,000 people that they catch. so from 600,000 down to 30,000. the wall works. that's what the judge was referring to. >> seems so far from reality, just a short time ago. so i think the american people, when they see this progressing, going forward, wondering what the wall will look like. >> the president is slated in

march to look at the prototypes in san diego. operatives, members of our navy seal community tried to breach the wall prototypes, and they couldn't. that shows they're doing the job they're supposed to. the irony is that this judge made the ruling. someone owes him an apology if they were critical of him, with mexican heritage, because he's clearly judging the law with no political affiliation whatsoever, and he green lit it forward. this isn't the end of litigation of the wall. >> it's not the environmental legal challenges posing the biggest threat. it is eminent domain. >> it kills the environmental objections. >> the irony on the environmental question is that

you've had illegal immigrants for decades destroying the deserts of arizona, leaving trash in valleys and the environmentalists haven't said anything about that, and yet want to have a sovereignty of a border wall they want to throw a lawsuit out. >> yeah, but there are -- some of those suits will gum up the system. >> for sure. >> we'll see how that jurists will rule when that time comes. at any moment, we're expecting a news conference out of parkland, florida, where high school students are returning to class today. we will bring you that live when it begins. and more "outnumbered" in moments. stay right here.

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for a free quote today. you could save $782 when liberty stands with you. liberty mutual insurance. >> many thanks to david asman: what a day to have you here. here we are in the middle of a busy week. having members of the capital rotunda along with the president to say goodbye. >> i love it when washington, d.c. doesn't deal with politics. such a rare phenomena which they take a break from politics and you realize what's important because i grew up in d.c. and they think that the only thing that's really important is politics until they get an occasion like today when they realize there are a lot of things much more important than politics. >> katie, kennedy? >> what one must accomplish in their life in order to receive that honor which, you know, as you noted earlier in the show only three other civilians

nonelected members of the body america have had the honor to lie in honor in the capital. >> we are back tomorrow noon eastern time and now here is harris. >> harris: we begin with a fox news alert. our nation, and the world remembering america's pastor. a public viewing for the late reverend billy graham begins right now. the reverend is lying in honor in the rotunda of the u.s. capitol where the public is invited to pay their respects before his funeral on friday in north carolina. earlier president trump spoke and laid a wreath at graham's casket. we will talk to a republican lawmaker from the reverend's home state who sponsored the resolution for this rare and special tribute at the u.s. capitol. watch for that also this hour we are tracking two big developments as stoneman douglas students return to high school for the first time since the shooting massacre. we go outnumbered overtime. i'm harris faulkner. let's take a look at the