fox news channel. >> julie: he said he's going to ask the questions that haven't been asked. >> jon: that will be must-see tv. that will do it for us. thanks for joining us. >> jon: "outnumbered" starts right now. >> fox news alert. we're waiting a vote in the full senate on the nomination of mike pompeo to become the next secretary of state. that vote should come in the next hour. he's expected to be confirmed. over the last several days, democrats have announced their support for mr. pompeo. it was uncertain whether he would receive the votes. but we're watching for the vote and we'll have the updates as they happen. fox news alert. new reaction from president trump to white house physician ronny jackson withdrawing as the president's nominee for v.a. secretary. this after democrats revealed a string of unverified new allegations against him. president trump is standing by

dr. jackson calling the claims false and blasting democrats, accusing them of obstruction. this is "outnumbered." i'm melissa francis. here with us, katie pavlich and dagen mcdowell. and fox news analyst, marie hart and corey lewandowski. he's outnumbered. ready? >> i'm ready. one lucky guy. >> you're surrounded. >> i punched him in the arm walking in here. he -- >> to get me ready. >> he knows where he stands. >> perfect. >> let's get to it. dr. ronny jackson withdrawing as consideration for v.a. secretary but staying on as white house physician. he decided to pull out after new details were released of allegations against him. they include claims that he prescribed drugs recklessly and

drunk on duty and crashed a government car. dr. jackson releasing this statement. "unfortunately because of how washington works these days, these false allegations have become a distraction for this president and the important issue we must be addressing. how we give the best care to our nation's heros. president trump was asked about jackson's withdrawal and he blamed democrats for keeping good people out of important jobs. >> the democrats are obstructionists. they're not approving people. they're taking them out to the maximum 30 hours. that's a lot of time. these are all false accusations. they're trying to destroy a man -- by the way, i did say welcome to washington. welcome to the swamp. welcome to the world of politics. >> the ranking democratic on the veterans affairs committee was john tester. he was asked to respond to the president. watch. >> i'm focused on the next secretary of the v.a.

we need somebody that will serve our veterans and make sure that they can run that organization and move it forward for the best benefit of the veterans of this country. >> there you go. corey, i'll start with you. what do you think? >> this is the worst that washington has to offer. you have now maligned an individual that served overseas and here in the white house not just under president trump but under president obama around george w. bush as well. what the president asked on "fox and friends" who is truly qualified to run a giant organization of the v.a.? if you look at the qualifications of dr. jackson, a man who by all accounts was a professional, understands the medicine side of this, has served in the military and knows because he's served with so many people that are using the v.a. system, what the needs a, i don't know if we'll find a better person. >> it's not all accounts.

there's people accusing him of the misdeeds. >> but nobody on the record. one of the things he's been accused of missing a telephone call. if that's a crime and stops somebody from being a secretary, we have a serious problem. it's an unfounded salacious allegation by individuals that have not come forward. in this country, we're allowed to address our accusers. that's not what is happening here. we have individuals making accusations that are very discouraging and more over, this is an individual who president obama gave the highest recommendations for and the highest praise for. where were the critics at that time? >> one of the critics is john tester from montana obviously. this is what the president had to say about him this morning. >> i watch what john tester of montana, a state that i won by like over 20 points, you know, really, they love me and i love

them. i want to tell you that john tester, i think this is go to cause him a lot of problems in his state. >> marie, what do you think? >> john tester was working very closely with the republican chair of the v.a. committee. they were confronted with a situation here where over two dozen currently serving members of the military came to the committee and said, we have these very serious concerns. corey is right. they haven't been proven. the senators have an obligation not to overlook them in this process. i think that, you know, the fact that republican support for ronny jackson had cratered on the hill, not just democrats, but records that republicans weren't going to push forward. if ronny jackson did these things, he shouldn't be v.a. secretary. i'm not sure or not. a responsible -- >> that's the key word, "if." for the nomination of this doctor who has worked admirably

for three presidents be railroaded over accusations that haven't been proven, we don't have a single person on the record talking about what happened. i was listening to jonathan swan over the weekend. he didn't report them because he couldn't report if they were true. my question is, ronny jackson, i would argue, is one of the most trusted people in washington d.c. he's in charge of the president's health and that is a very serious responsibility. and if these allegations are true -- i say if because there's no evidence if they are -- we won't get a hearing to have him defend himself in public now that he's been smeared across the country. if the allegations are true, there's serious questions why nobody said anything because he is the most trusted person to the president. why is that? one more point. this is political for a lot of reasons. but david shulkin is a political holdover from president obama.

there's consequences for bad behavior and privatization is on the table. >> this is a message from democrats to the trump administration. anybody that you nominate, if you think about taking a job in this administration, we will wreck your life. we will wreck your life with very specific allegations from unnamed sources. the fact that -- the level of detail in these allegations where he wasn't -- he didn't get to face his accusers. this this was spread around like garbage in the wind. it's a message to this administration that -- >> i think they're fair -- >> i think they don't want good people in this administration. >> the president addressed that. listen. >> any idea who you might nominate next? >> i do but i won't give it. maybe -- i think we'll have somebody great.

somebody that is more -- look, the admiral is not a politician, which is what i liked. >> is your nominee somebody in politics right now? >> somebody with political capability. >> but he won't say from that point from what dagen said. >> that's not fair. what were the senators supposed to do when two dozen military members came to them with allegations? i agree the names of the people aren't out. they won't release them because they were worried about retribution. we cannot overlook serious allegations. >> wouldn't you track it down before you spread it out? >> if ronny jackson wanted to defense himself he could have state in and had a confirmation hearing where he addressed it. it's unfair -- we have to take this seriously. we can't just say that any allegation made is political when they involve something so serious dagen, you have a guess, right?

>> one idea, i've heard people shooting down this idea. but what about nominating senator joe manchin? i dare a democrat vote against him. he has a tough race against him. whether he would take the job or not remains to be seen. i dare the democrats to go after senator manchin the way that they went after ronny jackson. part of the problem with the v.a. and this is what i find, every american that wants our veterans treated with dignity and with the care that they deserve, having served our country. the problem is there are vast interests at the veterans within veterans affairs, within the veteran system. it's got a $200 billion annual budget. a lot of special interests that want to hang on to that power. they don't want anybody to shake it up. >> it's not just admiral jackson. he's gone through three fbi background checks, a senate hearing, a man up for his second

start. none of these concerns were raised. i would assume as president trump came in, admiral jackson would have gone through another background check to stay on in his capacity in the white house. all of a sudden he comes up for a v.a. confirmation hearing. we have 24 individuals making accusations that are unfounded. see what they did to the director of the cia. top of his class at harvard law school. they malign him and call into with his ability. we hope that the confirmation hearing will take place today. good people don't want to serve in the government because of things like this happening. dr. jackson had a historic and distinguished career in the military. who will he be remembered for? these accusations that are unproven. >> it's important to point out that the navy has assigned the doctor to the white house. admiral jackson will stay as the white house doctor. now the accusations are out

there, the navy will look into whether these are true which gives him an opportunity to clear his name. >> or not. >> or not. at this point it doesn't matter. it's been out there. the idea is that senator tester would go -- you say we have to address the allegations. but sure. he ran to the cameras as fast as he could to spread this garbage around. >> what is at work here is something that the "wall street journal" page pointed out. as much as people he call president trump a fascist, this power center and nobody can control him. it's the permanent bureaucracy, the interest groups and the media that are grinding down the executive authority in this country and this is part of that it disgusting. >> great to investigate claims out there but you don't spread them and smear them before you investigate them. that's not understandable. a federal judge will weigh whether to appoint a special watch dog to sift through

documents seized targeting the president's attorney, michael cohen. mr. cohen's lawyer wants to shield anything that might compromise attorney client privilege. we'll have the latest developments from the courtroom. new concerns that former fbi director james comey may have shared his memos with more people than initially thought. who sources say is another likely recipient and what this means for the investigation into comey's conduct?

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xfinity delivers gig speed to more homes than anyone. now you can get it, too. welcome to the party. >> a live look at u.s. direct court in new york city. a short time ago, the president's personal attorney, michael cohen, walking into court. a federal judge set to hear arguments related to the fbi raids on cohen's home and office. mr. cohen's legal team says many of the documents are protectedpy attorney client privilege. the just must decide whether or not to appoint a special catch dog to review legal files and other materials seized in the raids. we'll have more in the hour and bring you any updates as we get them. president trump unloading on former fbi director james comey in an interview this morning. the president accusing comey of

breaking the law by leaking memos of private conversations with the president. >> comey is a leaker and a liar. not only on this stuff, he's been looking for years. he leaked classified information and the memos are about me and they're phony. he put a lot of phony stuff in there. >> the president calling out comey. sources tell fox news that comey's memos were more widely shared than previously known. sources identifying former u.s. attorney patrick fitzgerald who now represents comey as a likely recipient. that's in addition to columbia law professor daniel richman and they're not ruling out a third individual. after president trump fired him, coney did not describe richman as an fbi employee and gave no

indication that the memos were shared more broadly. >> i asked a friend of mine to share them with a reporter. i didn't do it myself for a variety of reasons. i thought him doing it would prompt a special counsel. >> this apparent omission did not go unnoticed by the president. >> he never said that in congress. he said he gave it to a friend. he gave it to a friend to leak classified information. he did an illegal act. he said it himself in order to get a special counsel. against me. >> corey, the plot thickens. even if comey did something that was illegal with secret information in the memos, will he ever pay a price for that? >> i sure home so. in addition to leaking classified information, what we know if you're an fbi agent and you receive information as a professional in that capacity,

you're not allowed to give out that information without the express written authorization of your supervisor. in this case, it would be the deputy attorney general or the president of the united states. comey had none of those individuals who have given him authorization to release the information. at bare minimum, he's broken the protocol of the fbi. realistically, he's now leaked classified information to an individual that didn't have access to the information or knowing that that information under james comey's own words was going to be used and given to the media to try to appoint a special counsel because james comey knew there was no protocol in place to have jeff sessions recused from the russia investigation and he wanted him gone. >> the irony here, if you read through james comey's memos, you'll see the common theme is comey actually agreeing with president trump about leaks being a huge problem. they talked about putting journalists in jail, prosecuting people for leaking information, not just classified information

but leaking information to the media. now here we with him saying yes, i leaked the information. james comey has done a number of interviews as we all know. he doesn't believe he did anything wrong. he's being investigated by the inspector general for wrong doing as andrew mccabe was found guilty in the report that came out earlier of wrong doing. we'll have to wait and see on the legal side here. doesn't look good for him. >> i'm surprised. it's so sneaky and slimy, which is not exactly what you'd expect in your fbi director. he's supposed to be a law enforcement officer. here he is out trafficking work product, shopping it around so he can get a friend to do it. >> he said i didn't want to do it for various reasons. >> if you have a problem, say something. ask about the investigation. don't traffic and work product

behind people's back. >> you were here when judge andrew napolitano was here with us. he was not excusing comey, by the way. the fbi has a huge problem overall with leaking. they always have had trafficking -- >> the director setting the tone -- >> they always have, regarding criminal cases or something else. it's a problem across the board. when it comes to leaks, congress leaked the memos an hour after they got them. >> it doesn't change the fact that you have the director out there trafficking information -- >> they're work documents that belong to the government. sitting there and behinding behind someone else -- >> and being a sanctimonious frankenjerk in every interview that he's done. he's auditioning for a prime time gig on msnbc, for pete's sake. you asked how could -- how could james comey of the fbi act like this? his entire history as a prosecutor here in new york points to this. it's why the "wall street

journal" in 2013 cautioned president obama from appointing him as the fib director because of his treatment of people like the former investment banker, frank controne, this man accused of the anthrax mail scare. time an again -- by the way, patrick fitzgerald was appointed special counsel in the valorie plain case because james comey recommended him. they went after scooter libby who finally got pardoned. not for leaking, by the way but for perjury. >> james comey has a massive messiah complex. he will make the determination of what can and won't be shared. the fbi has a problem from james comey to mccabe where the inspector general is now investigating the two top agents in the fbi. our premier law enforcement

agency has said three times under oath that mccabe has lied. he lied under east the day that he became the acting director of the fbi. everything is wrong and we need a better leadership at the fbi. >> and let's not forget, there's different stories being told by james comey and loretta lynch and andrew mccabe. they could be lying to each other to save their back side. >> what if there is a mccabe trial and and james comey? >> there's not going to be. >> each accusing one another of being a liar. >> he just made a lot of money to pay for his legal fees. >> the american people need to know what went on. all of this is sure to come up tonight. bret baier sits down with the former fbi director james comey on "special report" this evening at 6:00 p.m. eastern. don't miss it. get down. president trump's new attorney,

rudy guliani, now handling negotiations with robert mueller about an interview were the president in the mueller probe what this means for the investigation going forward. president trump's long-time personal attorney michael cohen says he will plead the fifth in the civil suit brought by adult performer stormy daniels. is that a smart move or could it backfire?

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the russians." but guliani could be overly optimistic. >> when the president asked that guliani would represent him, he said i'll have this over in three or four weeks. that's an ambitious and unrealistic goal. unless by have this over he meant the president's interview with bob mueller but he said have this over he meant the whole investigation. >> a new fox poll shows 2/3s of americans say it's somewhat important that the russia investigation continues. 29% say it's not important at all. a large majority say it's somewhat likely president trump will fire the special counsel before the probe wraps up. we've gone back and forth whether he will sit down with mueller and whether he will fire him. where do you think we are? >> i'm happy that the president brought in guliani. he's a contemporary of the president. he has known him a long time. he has good legal and political

advice. you have to look at this post ways. there was no collusion with russia. there's no collusion with the president or the trump campaign to do anything. that's very important. i think if it were me, the president is probably going to allow the investigation to continue as the right thing to do but there has to be a definitive date. you can't allow the special counsel to go on in perpetuity. >> and president trump did mention that this morning with an interview with "fox and friends." >> they have this witch hunt going on with people in the justice department going there. they have a witch hunt against the president of the united states going on. i've taken the position and i don't have to take this position and maybe i'll change that i will not be involved with the justice department. i will wait till this is over. it's a total -- it's all lies

and it's a horrible thing going on. >> marie? >> he was fired up this morning. i think that bob mueller doesn't want this to go on forever. i get the sense he wants to wrap it up as soon as possible. the question is whether the president will sit down with him or not. i don't think there's a magic formula that rudy guliani can wrap it up. i agree with corey that rudy is good talking about this and where the presidents have had attorneys in the past in the public sphere. at the end of the day, we'll see what is there and bob mueller will write a record. the american people deserve to see it. that's up to the justice department. a lot of news still to come on this. >> as credible as rudy guliani is, i don't think robert mueller will be working on his timeline.

he's said the president has turned over 1.2 million documents. the question is what is left in the purview of what they're supposed to look at. >> rudy guliani is the perfect place for this job. he's an attack dog. he was an incredible prosecutor. he understands exactly how this works. he knows what they're looking for. to our knowledge, he's somebody the president listens to. i do think that he could talk to bob mueller on the left that mueller would understand. like i understand here's the gating factors. maybe he could get a sense of how much time is left. that would be helpful to everyone involved if he can get a sense of where you are in the investigation. the outcome is up to robert mueller. >> a realistic sense. >> yes. >> again, we've talked about this fixation on time.

they should be focused on not testifying in front of investigators, not talking to him. because we talked about it on this couch time and again. you can fib in front of a crowd of adoring fans. if you fib, talking to investigators, it's a crime. >> rudy guliani knows that. >> you never know what these investigators know. by the way, there's a new concerns after the raid on michael cohen's home and office and his hotel room, the president could be questioned on any matters related to cohen or his business dealings with him potentially. you never fully know what the mueller team knows. they will trap you. it's the classic perjury trap. because rudy guliani knows robert mueller for many years, it doesn't matter. one thing that rudy guliani said to the "wall street journal," they were trying to ascertain do they favor comey over trump in terms of credibility. the focus seems to be at this

point is obstruction of justice, at least investigating. you hear that, the swirl in the media about that. again, credibility? james comey and bob mueller are friends. >> president trump's long-time personal attorney michael cohen says he will plead the fifth in the suit brought by stormy daniels. this as there's new developments in the separate criminal investigating involving cohen. a federal judge is hearing arguments over whether to appoint a special watch dog to review legal files seized in fbi raids in cohen's home and office. here's mr. cohen a short time ago. his team has requested a court-appointed a new special master to weed out documents protected by attorney client privilege. katie? >> the interesting part of this is how hard the prosecutors are working not to get the special master appointed. that means that they would be able to look at all the information between michael

cohen and every client that he has, more importantly to them, the president of the united states. i assume they will probably appoint a special master to look over this. the cohen team gave them four names as options for the judge. they're in serious territory here in terms of what they can see and again, with the special counsel, what kind of rabbit holes they'll go down based on the information they see in the documents. >> corey, the president says he's not a target of this investigation. this morning on "fox and friends," he went a long way to distance himself how much business he did with michael cohen or michael cohen's business was focused around him. yikes. >> where is the media outcry right now? if this was on the opposite side of the political idea and hillary clinton's personal attorney had their home raided, huma abedin, cheryl mills, who were given impunity who sat in rooms and tied about what was said, it's amazing. but this is a very serious

issue. real question becomes what happens to attorney client privilege? a special master -- i love that term, by the way -- should have the turn to be appointed. not a star like some other people. but you have to have somebody that is independent, can look at the information and make a determination of what falls under attorney client privilege. the only personal that can waive that privilege is the client, not the attorney. it's a clear distinction. the attorney cannot waive attorney client privilege. >> you mentioned the president's comments. he said that michael cohen handled a small fraction of his legal work. who knows how much of this information is even attorney client information between the president and michael cohen. we'll see. i'm all for a neutral party taking a look at it. there was a process through the justice system to get approval

for a raid on someone's attorney. these were approved by republican appointees. we'll see what happens in the court. there's more to come on this story. as we know, michael cohen will plead the fifth, which comes with not -- comes with not an assumption of guilt or innocence. in the court of public opinion it doesn't look good. >> dagen? >> in terms of pleading the fifth, pleading the fifth in the civil case as to not incriminate himself there. but cohen's lawyers says that he doesn't even have the documents to defend himself because of this raid. that's one of the arguments. you talk about the media outrage. all the media wants to do is say porn performer. person performer. >> she's a star. not just a performer. >> they're trying to paint everybody that voted for this president as a sinner. that's exactly what they're

trying to do. all those voters, you're a bunch of heathens. >> we have to go. scott pruitt in back-to-back hearings on capitol hill. he could take questions about ethic scandals. can he weather the storm? >> not aware of the amount nor was i aware of the by passing or the ppo process not being perspective.

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>> all right. breaking right now, we want to tell you the vote is underway in the senate to confirm mike pompeo in his nomination for secretary of state. it is believed right now that he does have the votes in order to be confirmed. democrats have come over to his side including senator doug jones of alabama, heidi heitkamp and joe donnelly.

it's looking like he will get confirmed. the vote will be 55 for him. we'll let you know just as soon as it happens. dagen? >> another big day on capitol hill for the head of the environmental protection agency. scott pruitt taking tough question in back-to-back house hearings. lawmakers asking about reports of a $50 a night condo lease and big races giving to aides. pruitt told the panel that he has nothing to hide. here's some of what went on earlier. >> not aware of the amount or nor was i aware of the bypassing or the ppo process not being respected. >> well, then i'm concerned that you have no idea of what is going on in your name at your agency. >> it's been recorded that five epa employees were reassigned or demoted or retaliated against after they raised concerns about your spending.

is that correct? yes or no. >> i don't recall a conversation. >> i'll take that as a yes. i was further alarmed -- >> shouldn't be taken as a yes. >> they were out for the biggest reformer that the president has put in to washington. what do you think comes out of this? >> this is obviously political theater. they want to see administrative pruitt leave the position because he's done a fine job of cutting regulations and making sure the government is functioning the way the trump administration wants to function. releasing the overburden government regulations that the epa has put on so many small businesses and farmers. the democrats want to take this out on administrator pruitt. it's up to the president to decide if -- nobody can question

his success. >> the people that prefer to protect plants over actually people in this country hate scott pruitt. if you go through some of the things he's done, he rescinded the waters of the u.s. rule. he tried to save coal by repealing the clean power plan rule from the obama era. there are a number of things. he urged the u.s. to withdraw from the paris climate accord. >> he talks more about transparency for the science on the programs and develop certain initiatives, money flowing out the door. he's been very successful. it's not just democrats calling for him to resign. also a number of republicans. he's trying to answer for all of these allegations that we've seen. he had a difficult time answering questions to ed henry when he asked about a number of raises given and things that happened. so the bottom line, this will

come down to whether president trump believes he's too much of a distraction or the work he's doing at the epa is outweighed by the questions he's asked. >> i heard that will a lot of people on the republican side would be happy to get rid of the pruitt controversy, the senate doesn't want another nomination right now. we have the -- >> they're all controversial. >> they're all -- >> because the epa is often a lightning rod position on both sides, quite frankly. senators on the republican side that have a very tiny majority are saying we may not love scott pruitt, they like his policies but they don't need another confirmation battle. >> they all feel stacked at this point. anybody that goes up for confirmation is getting vilifies. i don't like waste, fraud and abuse. but at the same time, this is very stressful in the sense that the epa was so far out of control. the idea that someone was going

to reign it in. i think about the delta smelt in california. the tiny official that was protected at the cost of so many other things. the epa has been out of control and reigning it in. >> these are ethical concerns, right? now that the -- >> environmentalists are some of the most rabid, anti- -- >> that's not what we're talking about -- >> i am talking about that. >> that's not what the controversies about. he's paying undermarket for an apartment. >> the $43,000 sounds booth telephone booth. >> those are serious things. >> what is more serious is the damage that's been done to american business and people that wants jobs in this country by some of these ridiculous environmental rules. pruitt's focus on cleaning up super fund sites. actually cleaning up pollution. >> the president's epa director spent as much money as he did.

that doesn't mean it okay. but because he's rolling back on these policies that don't actually improved the environment, but the damage spill that that had. there's been a double standard there and we should be getting rid of it. but if you're going to have standards for one administration, you can't have it for the other. >> i want to spreadsheets from all the separators, past, present and future. speaking of future, secretary of state. mike pompeo, the confirmation vote continues in the senate. again, he came out of the senate foreign relations committee with a surprising favorable vote. now it goes to the senate floor. as many people said, president trump deserves to have his secretary of state of choice. we will keep you up to date on that. meantime, a growing showdown at our southern border. a caravan of migrants prepares to enter the u.s. illegally

seeking asylum. the homeland security warns arrests are be made and with the administration push mexico to stop these border crossings. alright,

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>> so we want to show you right

now the senate flow. we now know that they do have the votes to confirm mike pompeo as the next secretary of state. voting is continuing. it's not over yet, but they have the necessary amount in order to confirm him. i'll bring it back out to the couch. corey? >> this is the right decision by the senate. mike pompeo has proven himself as a congressman and as the former director of the cia. he has a strong relationship with the president, which is a clear difference between this secretary of state and the previous secretary of state. that is only going to help international relations around the globe. we now know that this secretary of state has made a trip to north korean and had a meeting with kim jong-un. this is the right thing that the u.s. senate has done. >> mike pompeo has a lot on his

to-do list. he has a lot of work to do with the work force. we heard about how morale was not great under tillerson. mike pompeo talked about rebuilding that work force. that has to be the top of the agenda. obviously north korea, the decision on the iran deal. mike pompeo is going to hit the ground running and i hope he does focus on the people at the state department who serve every administration regardless of party and who want to be more involved with an active secretary of state, which i think mike pompeo will be. >> i'm glad you reminded us of that. we were on the couch when he was going through his confirmation. he talked about that out of the gate, how much respect he has for the people that work at the cia and how much respect he has for the state department and how he wants to put them first. i thought that made a lot of sense and made people feel better. >> his history has proven that he's capable of leading people and managing his military experience is a perfect example

of that. next week, he's going to nato and his first official trip will be to jerusalem ahead of the embassy opening in may. he has a good relationship with the palestinian intelligence services. interesting to see if talks with the middle east peace agreement can be reengaged. >> dagen? >> i'll reiterate what i said earlier. the president has the right and deserves to have the man in the job who he wanted. he's going to get him. >> it's interesting. now you look and corey you can speak to this. surrounded by a lot of the people that he liked in the first place. that maybe he was dissuaded from having him on board. what do you think about that? >> i love the moves of john bolton, rudy guliani, larry kudlow. people that have long relationships or strong relationships with the president. if you're going to work in an administration, particularly at the highest levels of the

administration, you have to have candid and honest conversations with the president. what we've seen in the past is those weren't taking place. >> thanks. more "outnumbered" in just a moment. there's little rest for a single dad.

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>> melissa: thank you to corey lewandowski. we are back at noon eastern. >> dagen: too bad nothing was going on today. >> melissa: i love to be outnumbered. >> dagen: do you ever call the president on the phone saying

maybe we need a break? don't tell our commander-in-chief what to do. [laughs] terrific to see you. right now, it's all about "outnumbered: overtime." melissa, take it away. >> melissa: fox news alert for you, the senate voted to confirm mike pompeo as our next secretary of state. they now have the votes necessary. this after several red state democrats crossed over to support him. there had been concerns he would not make it through but now the current cia director is about to receive confirmation in the senate and he will be sworn in as our next secretary of state. mike emanuel is live on capitol hill. mike. >> it was not easy but mike pompeo is leading the cia to be the next secretary of state, thf state. let's look at the senate floor. the first procedural vote, we are waiting for the gavel to drop on final passage. ahead of the vote,