shoes. speak out that the crocodile. the big one. >> nice to be back with you. because that's it for us, "outnumbered" starts right now. >> harris: fox news alert for you now in the next step to confirmation now that president trump has nominated brett kavanaugh to be the next supreme court justice as you see here, judge kavanaugh's on capitol hill today with the vice president pence and senate majority leader mitch mcconnell as he makes the rounds and some democrats launch their effort to block his confirmation. this is "outnumbered" and i'm melissa francis. here today is harris faulkner, town hall had a direct contributor, the birthday girl herself, katie pavlich. there you go, former deputy spokesperson for the state department and fox news analyst and host of benson, marie harf. in joining us today on the couch, fox news senior judicial analyst judge andrew napolitano.

>> judge napolitano: did you pick me just for today knowing what was going to happen? >> melissa: obviously. welcome to the party. >> harris: you look 18, you look great. they do a lot to get two, president trump supreme court nominee brett kavanaugh on capitol hill today. vice president trump escorting the nominee this morning to meet with senate majority leader mitch mcconnell as the quest begins for the votes he needs to be confirmed. president trump wing and this morning before he departed for europe to attend the nato summit. the president reflecting on his announcement last night and sounding optimistic. >> last night was an incredible evening. brett kavanaugh has gotten rave reviews. from both sides. i think it's going to be a beautiful thing to watch over the next month. but you a lot of money already spent on both sides of the aisle on ads for and against kavanaugh. democrats say they're going to

do all they can to stop this confirmation. here senate minority leader chuck schumer. >> president trump with the nomination of judge kavanaugh has fulfilled or is fulfilling two of his campaign promises. first, to undo women's reproductive freedom. a second, to undo aca. so i will oppose him with everything i've got. >> melissa: here is vice president mike pence from just a short time ago with judge kavanaugh and leader mcconnell. >> we look forward to working very closely with you to advance the senate's proper role in considering judge brett kavanaugh is the president's nominee to the supreme court of the united states. >> melissa: doug mckelway is live on capitol hill with more. big day. >> no doubt about that. for republicans, this is all about expediting this confirmation process as quickly as possible to see that the confirmation is done in advance

of the midterm elections in november. they have a timeline of 66 days from the confirmation of neil gorsuch and they would like to meet that with the confirmation of judge kavanaugh. for democrats, it's all about obstructing come all about holding up his confirmation as long as possible until after the midterms at which point they hopefully could regain control of the house and potentially to a lesser extent a smaller chance of regaining control of the senate. and to that end, all eyes are now on a handful of democratic senators facing reelection battles in states where trump one won big in 2016. heidi heitkamp of north dakota, joe donnelly of indiana, claire mccaskill of missouri and joe manchin of west virginia. three of those people actually voted for neil gorsuch. they are being torn between intense pressure from the leadership of the democratic senate and intense pressure from their constituents back home who voted for donald trump. he was joe manchin who we caught up with earlier this morning.

>> i am not speaking on any other senators, i know what i feel in my heart is right to give everybody the benefit of the doubt, look at it, study it, have them come in and sit down and go over the concerns we might have. i'm going to go back home to town hall meetings, how many people do town hall meetings? >> there were also two g.o.p. senators who will be absolutely pivotal roles given the g.o.p.'s razor-thin margin of majority in the senate. talking about lisa murkowski of alaska and susan collins, both of them moderate, both of them pro-choice, both eagerly awaiting their one-on-one interviews with brett kavanaugh. already hinted that if he is diehard when it comes to antiabortion stances that she will be a no vote. democrats already trying to make this a referendum on reproductive rights as you heard chuck schumer just say, also the aca and health care rights and then this approach as well, we

heard this from cory booker last night. he is saying that judge kavanaugh is president trump's get out of jail free card. listen up. >> we know this president is already knows deep in legal matters before he became president and was settling with millions of dollars beforehand, but now he has a lot of other legal trouble. the challenges that this president could have cause for himself, now he's got that insurance policy. he's got this get out of jail free card if you will. and him sifting through 20 plus names as well as all the other people he could've considered. >> judge kavanaugh has written an opinion which is widely subscribed to in legal sip roles that the proper punishment for a wrongdoing president is not through the judicial system, itt the founders wrote in the constitution, through the process of impeachment. he also says once a president is properly impeached for wrongful

conduct that he would be available for judicial punishment to the court system. so that kind of fighting we are saying to us the past 24 hours has been a real taste of what lies in store for the rest of the summer and the early months of fall. back to you. >> melissa: no doubt, thank you. lawmakers are probably well on their way wave trying to go through his extensive legal writing. the 53-year-old has been a judge on the u.s. appeals court in washington and has clerked for retiring supreme court justice kennedy. he worked on the report that led to the impeachment of president bill clinton and later served in the george w. bush white house. conservatives are split over whether he is expressed support for the constitution of obamacare. and there are lingering questions over kavanaugh's potential decision on the future of roe vs. wade. moderate g.o.p. senators susan collins and lisa murkowski who declined to attend the white house announcement last night say they need to examine

kavanaugh's record on the issue. in libertarian leaning g.o.p. senator rand paul has expressed concern over kavanaugh's ruling on collection of america's metadata. i'm going to go to the judge first. what do you think of all of those various legal questions there? >> judge napolitano: they are all in a play and i'm glad you mentioned rand paul because if all the republicans minus john mccain vote yes, then it doesn't matter what chuck schumer does. but if lisa murkowski or susan collins on the pro-life issue vote no and if rand paul votes, originally said he was in no and now he is a neutral and he's going to be open and he's going to interview the judge extensively, but he has written not only on metadata, he has written that the nsa is not bound by the fourth amendment and can gather anything we put in here, whether harris and i are talking in her office and this happens to be in my pocket recording what we say or whether

we are talking on the phone. >> melissa: under what grounds did he say that was okay? >> judge napolitano: because is not going to be used as evidence in court. in his view, the fourth amendment only regulates law enforcement, it doesn't regulate intelligence. my view and senator paul's view is at the fourth a memo doesn't distinguish between the two. it prohibits the government, not just law enforcement, but the government from engaging in search and seizures without warrant. >> melissa: did he say with a more narrow interpretation and that's what you're more interested when you're worried about the government doing that? shouldn't rand paul write a law that addresses it as opposed to relying on judge kavanaugh to write that into the constitution? >> judge napolitano: unfortunately, the law goes the other way. the law that judge kavanaugh upheld in his opinion permits the warrantless searches. >> melissa: so they should change that. >> judge napolitano: of course they should. >> melissa: is not up to him. >> judge napolitano: it is because it defines the fourth amendment. this is the argument that libertarians will make and have been making all morning. quite frankly, this is why i

believe president trump has not fulfilled his campaign promise about draining the swamp by appointing judge kavanaugh. >> melissa: interesting. be when we see senator rand paul fall on this issue often. he was perched to filibuster when they were considering the fisa section 702 and made all sorts of comments about how maybe the president and he needed to talk. i think they did about that issue. but this is not new territory for them. it's just interesting because coupled with a couple of other unknowns and it could be problematic. >> judge napolitano: because the numbers are so razor-thin. if rand paul obtains or votes no, then they have to pick off a democrat or two. >> harris: that shouldn't be too difficult, right? i love this one pick. doug jones in alabama, do we know enough about him to know what he would do? he's facing reelection again after he bumped off roy moore,

so it's interesting. do we know what he might do? >> katie: we know based on what he has said what he might do which is consider the nominee based on their credentials to really prevent them, listen to their constituents back home, doesn't seem like doug jones is willing to just get in line with the far left democratic party and the senate right now which is a good thing. you had joe manchin in the sound bite earlier saying i'm going to go home and listen to my constituents. it is not a difficult call for red state democrats. you listen to what people back home want, the majority of them voted for donald trump in the states and they're going to want these democrats to confirm the nominee based on the fact that he is qualified and has extensive credentials in the area of the law and the questions that have been thrown out about kavanaugh are on policy, not necessarily just on constitutionality when it comes to what his qualifications are, pre-existing conditions for example is when that's been thrown out there rather than the constitutionality of obamacare.

one more thing is democrats are more concerned about republicans like rand paul voting no or abstaining then republicans are because they don't want to be the deciding vote in a red state and be the hanging in the balance about going into november. >> melissa: absolutely, and taking it back to the social conservatives and to see if that promise is fulfilled or not, here is what tony perkins had to say. >> i'm actually little surprise. i thought the president would want a bigger fight. i think this is a safe pick for the president. i thought he would go a little stronger with the barrett, but i think it's a solid pick. social conservatives aggressively pushed barrett, intellectual conservatives aggressively pushed raymond kethledge, the president's sister aggressively pushed thomas hardiman, the washington establishment aggressively pushed kavanaugh, they prevaile prevailed. pick up to speak to doug jones, he is a former aclu attorney, i

think is a little farther to tht and some of the other red state democrats but is not actually a question of policy, l philosophy. and judge kavanaugh is clearly a very smart jurist but i think there are some democrats who disagree with his philosophy of how he interprets the constitution whether it's issues like women's health, whether it's the role of the federal government and regulations and how far the federal government can go. that has the potential to impact our lives in a whole number of ways whether it's the environment or other places as well. it's a very long paper trail. you were saying before the show, there's something in that paper trail for both sides to leaven both sides to hate. so the little bit of a wild card and it will be interesting how he treats the confirmation hearing. judge course which really did not answer sensitive questions and i think that was smart politically because they were such a long paper trail. judge kavanaugh is going to have to at least in closed meetings with and address some of these substantive issues.

>> judge napolitano: judges hate having to explain. >> harris: i imagine it would be better than the litmus test of stella's how you would fall down on these issues based on what is important to certain bodies. >> judge napolitano: what marie was referring to, a conversation we had before the show started. when you have 300 opinions, these are appellate things. they're very complex. is there something in there for everybody to like and something everybody to hate. we went can i ask a question? i thought it was really interesting, his remarks last night were very inclusive. he started asking about his mom, who had worked with two predominately african-american schools. there was a little bit in there for everybody to kind of go okay, wait a minute, that's not what problem we democrats had expected to hear and you're not hearing a lot about that inclusion language. how important was that? >> melissa: let's listen to what he said and react to it. speak with the introduced me

tonight as judge kavanaugh. but to me, that title always belongs to my mom. her trademark line was use your common sense. what rings true, what rings false. that's good advice for a juror and for a son. >> katie: the irony to me in all of this is future justice kavanaugh helpfully clerked for justice kennedy and justice kennedy for decades has been upheld by democrats and even the far left as this hero for civil rights, for human rights, for women's rights, and yet now we have someone who clerked for him, who has been in close contact with him, some reports are now saying that justice kennedy actually helped advocate for kavanaugh to get into this position. the idea that he is so far removed from kennedy when he is talking about in his remarks how he learned from justice kennedy and his dedication to liberty in the constitution and equality,

for the left to be so for several over his nomination just doesn't make a lot of sense. i'm just wondering where the come down when it comes to tailing him is as far right appointment. >> marie: quite friendly, i'm so going through a lot of the opinions given there is so much that he has weighed in on. >> judge napolitano: what you mean you're going through them? you're sending them to me to read. >> marie: he does on my reading. i'm clerking for judge napolitano right now. i'm surprised by some things he has written about certain issues, but then there are others particularly women's health, particularly obamacare, particularly the federal government. i keep coming back to that issue but the role of the regulatory state i think is a very interesting one and so i don't read everything he's ever written and automatically recoil as a democrat. i think i have a different judicial philosophy from him not being an expert like he is. the five it's interesting how the scrim has been about

roe vs. wade and abortion. now it's moving. >> melissa: based on what marie is saying, you say that he is part of the washington establishment or that the washington loved him when you look at a lot of his work, it's about limiting that regulatory and administrative states in my opinion is so far overreaching. >> judge napolitano: let me give some comfort to my conservative colleagues. so here's what the law says administrative agency, the food and drug administration, the apa, the fcc issues a ruling. interprets own drilling, enforces its own ruling and the person who loses challenges them, they do not go to court as equals. the court is supposed to defer to the administrative agency and assume it was correct. this is called chevron deferenc deference.

scully had believed in the deference because that's what the statute says. justice neil for such rejected chevron deference. i do as well and say when you're in court, everyone is equal. the judge hears one side, the judge hears the other side and rolls on it, doesn't assume that the bureaucrats aren't correct. so when that respect, he has great solace to those of us who believe the administrative state, the unseen, unheard bureaucrats unelected. effects of much of our lives except for the intelligence community. as where he's back to give them the benefit of the doubt. >> katie: based on his national security argument that the president has the authority to take care of the country in terms of national security and foreign threats. >> judge napolitano: here's the argument, the nsa, and most people don't know this, the nsa as a military and because their bosses the president, the commander-in-chief and therefore they don't have to follow the fourth amendment. i believe this is nonsense but this is the argument and if they don't have to follow the fourth

amendment, they can spy away. that's the argument that kavanaugh made in his opinion. >> marie: judge be 50 and was working on the white house in. >> harris: was there something there that democrats could at least grab onto last night as positive in terms of inclusion language? i'm not hearing it all today but i am seeing it from black conservatives that they were even surprised that he would start there. i'm just curious because everything is being attacked. most of it on the grounds of something that we haven't even seen come forth and that's roe vs. wade. this was a real last night. this pushed everybody was real. >> marie: that's a good question because i watched his personal story being told by him and i was very impressed by it. he talked about coaching his daughter's, i texted my dad who also coached me a basketball and said yeah. it will be an interesting question to see if that personal story impacts his judicial philosophy because of the end of the day, senators voted on

philosophy and not nice things he said about his family so it will be interesting. >> harris: you won't want to miss this. vice president mike pence will join our own bret baier on special report tonight at 6:00 p.m. eastern right here on the fox news channel, fnc for the cool kids. and don't miss it. a president trump is ripping america's nato allies calling on them to pay for their fair share. this is a theme, we have seen it before. he is headed to belgium for the military alliance summit. but at the president has a point and whether those allies will meet his financial demands. and more on the supreme court showdown with media reaction, president trump's choice as critics say it threatens women's rights. is that fair? overs of playing to the extreme? we will debate it, stay close. >> everyone here knows what is at stake, what is at stake is women's freedom. our freedom to make our own decisions, and we will fight, we

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this wi-fi is fast. i know! i know! i know! i know! when did brian move back in? brian's back? he doesn't get my room. he's only going to be here for like a week. like a month, tops. oh boy. wi-fi fast enough for the whole family is simple, easy, awesome. in many cultures, young men would stay with their families until their 40's. >> katie: fox news alert, president trump on his way to brussels where he will attend the nato summit before meeting with a british prime minister theresa may to sit down next

week with russia's vladimir putin before departing the white house, the president gave a preview of what to expect from him when he lands in europ europe. >> nato has not treated as fairly but we will work something else. we pay far too much and they pay far too little. we are being taken advantage of by the european union. we've lost $151 billion last year on trade and on top of that, we spend at least 70% for nato and frankly, it helps them a lot more than it helps us. so we will see what happens. >> katie: the president also said russia may be easier to deal with than nato members. >> melissa: it's more straightforward in that he is looking straight across the table, it's clearly an adversarial relationship, supposed to be friends and having relationships and it doesn't work that way. he's put nato on notice about spending more and that's been effective.

don't know what's wrong with that. when we went to break in with breaking news right now. we know the u.s. supreme court nominee has a president shows brett kavanaugh the judges on capitol hill today. you see him they were joined by senator chuck grassley. this was kind of a situation that you could watch unfolding this morning. senators kind of kick the tires and ask him questions in republican leadership in the senate also is taking him around. yesterday, orrin hatch was with me, former chairman of the judiciary committee and said this is the kind of thing that you want to see that republicans can begin the conversation with this candidate. let's watch. because i think going to be gone through by every lawyer on our committee. going to have a thorough process. hopefully we get it done quickl quickly. but just going to be thorough and get it done right and tried

to do what we can to accommodate everybody's interest. in the end, i think his record speaks for itself, the most outstanding thing that affords this person a chance for confirmation in the united states senate to be on the vacancy on the supreme court. so we thank you all very much and keep in touch with us, i'm sure you will. stay when we didn't hear from judge kavanaugh there, we heard from the chairman of the senate judiciary committee chuck grassley there a value. and i was mentioning that a former chairman orrin hatch had told me yesterday that this is the process by which you begin as republicans the conversation and ask the tough questions before democrats have an opportunity to kind of get in there so you can kind of anticipate what might be put on the table. this is a big day for judge kavanaugh watching it unfold, will bring it alive points as they happen.

>> katie: just before that breaking news, the future supreme court justice talking about the president traveling to brussels for the nato summit, marie, you are reacting to melissa trying to explain why the president said may be easier to deal with vladimir putin. >> marie: i actually think he's trolling everyone. >> judge napolitano: he's probably watching us on air force one. >> marie: multiple nations have asked nato to pay more, that is a fairly standard ask but no other president of either party has ever tweeted aggressively and so negatively at nato before and if you remember the nato summit, the last one when the president stood in front of all the nato leaders. there are consequences to treating our allies this way. >> melissa: they pay more. >> marie: but there are negative ones that he is alienating some people that we might need and if you remember, the only time nato, defense article five has ever been put into place in support of the

united states after 9/11 and the fact that he treats nato like this, if we needed them for something. >> harris: the only reason we have relationships with these people is money. just real quickly, i agree with what melissa is saying, it's not that they wouldn't respond, they just might not be happy. >> katie: the president is making the argument that the united states is spending many more times than any other country in order to protect them so this is about for the president saying why is nato treating us this way and taking advantage of us? all these european countries have month-long vacations because we are paying for their defense. >> judge napolitano: that argument which is mathematically accurate resonate with nato? today we recognize that we pay the lion's share and they should pay more? >> marie: i think they do and countries have started to step up and pay more, ongoing for many years but the question is how you treat your friends and if there is a to get them to pay more without completely

alienating them. >> harris: have you ever had to ask for money? people who love you will push you back. >> marie: a customer nato and says mean things about our allies and says nice things about putin, that does not look good about the united states. they both matter and diplomacy. both matter. it's important. >> katie: we will be watching for sure. new reaction amid the growing showdown between president trump supreme court, fears protest outside the high court last night and now some democrats bound to stop the nomination of judge brett kavanaugh. and the president's nominee get a fair hearing? we will debate.

>> harris: fox news alert, fierce reaction to the nomination of brett kavanaugh to the u.s. supreme court, some protesting outside the high court getting animated last night with liberal groups issuing dire warnings over kavanaugh's potential impact on the issue of roe vs. wade. organizers of the women's march

released a statement that says this. trump's announcement today is a death sentence for thousands of women in the united states. last night, some cable news critics immediately claimed the appointment of kavanaugh is really about the russia investigation. watch. speak of this man has spent a lot of his life pushing the position, brett kavanaugh, that presidents should not be bothered with litigation. that they should not be subject to litigation. and that is an awfully coincidental position for him to hold given what president trump could be heading into politically. >> it's as though he's writing the script for a president being above the law. >> this seems to be of all the people the most self-serving person he could choose in order to protect himself from this criminal investigation. >> harris: i want to get to the meat of where we really are with the roe vs. wade in anything potentially that can come down. we have had andrew mccarthy on yesterday, said there's all

sorts of background that separates us out from just being able to wipe away a woman's right to an abortion. what do you say about that? >> judge napolitano: i think john roberts is the chief justice and the pro-life practicing catholic would never vote to repeal roe vs. wade because he doesn't believe that rights once guaranteed and substantially relied upon should be changed because of an election. so even if brett kavanaugh were suddenly to become a fierce opponent of roe vs. wade, they would still >> katie: votes to uphold it because the chief justice believes that diminishes the legacy and credibility of the court when it acts as if its members are popularly elected politicians. having said that, judge kavanaugh has not opined in an official way on roe vs. wade. he wrote none involved abortion except for the ones involving the mexican immigrants and there he dissented from the decision to give her the abortion.

but he is a fierce and public and traditionalist roman catholic so one can only assume what his views are. it doesn't mean that he would vote to change the law of the land, but it does mean that this is something we don't know the answer to and the democrats are going to pull teeth try to get that. >> harris: it does two things from what you're saying i want to broaden this out. it answers the presidents base of his campaign promises that he made that he would seek to pull someone on the court if he had the opportunity to look at roe vs. wade. whether or not that would actually ever happen, that something that democrats are saying. >> judge napolitano: the president has made no bones about arguing that roe vs. wade was wrongly decided and he was going to try to undo it. >> harris: that's politics versus what we might see, orrin hatch says we don't know how anybody would particularly vote but we do know about john roberts and what you're saying. >> judge napolitano: here's how i think it will happen. a legislator take mississippi or alabama will enact some restrictions on abortion, the

question will get to the supreme court. do these restrictions significantly impede the opportunity of a woman to have an abortion? the supreme court might have said that kennedy supreme court no, the brett kavanaugh supreme court might say no. so they will permit more state interferences. if >> marie: i don't want roe vs. wade to be repealed in its entirety either but i think the more concerning judicial question might be whether there's just so many restrictions and state levels that are now upheld by the supreme court unlike the casey decision where abortion effectively and 25 or 30 sites across the country becomes so restricted that it is illegal. >> harris: is is a smart issue for democrats to make it only about that? you've got obamacare coming, other things. >> marie: they should broaden that out to be about women's health at large. pro-choice is not pro-abortion

and i think the democratic party gets too close to making it seem like that. it should be about women's health and women's ability to control their own bodies and about not having a bunch of men at the supreme court telling you what you can and can't do. >> katie: seven men decided roe vs. wade so are they allowed to decided then? >> marie: the government can't tell you. >> harris: they are helping you make the children. >> katie: we are hearing how women are terrified everywhere, quaking in their boots, mortify they're going to die, contraception isn't going to be available. as a woman, i am not worried about any of those things that we've been hearing about the threat of roe vs. wade being overturned for 40 years, it hasn't happened, it's unlikely to happen for all the reasons that you just laid out and all of the posturing and scare tactics that are being used are not only dishonest but they're very surface level arguments that don't get us to the crux of the issue and debating whether

kavanaugh is a valid and edited for the supreme court. >> judge napolitano: are they willing to go along with it? >> marie: i think their split. the war on women is back. >> harris: you had an excellent question, will come back to it at some point. and you could to thousands of people dying was your question. it is. do you undermine the argument of the tinkering around the edge which may be realistic when you say thousands of women. >> harris: we will move on. a former fbi lawyer lisa page is expected to meet privately with doing house committees on wednesday tomorrow. this just one day before fbi agent peter strzok is to testify publicly about the russia investigation. what answers are we going to get about their anti-trump text messages? love and no president.

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>> katie: former fbi lawyer lisa page expected to appear before the house and site committees for a deposition

wednesday just before peter strzok is set to testify publicly for the first time before the joint committees. a source telling fox news two may not show up for both committees are saying they will. republicans have been eager to interview both strzok and paid over concerns of bias in the fbi's handling of the russia probe and hillary clinton's email case after it was revealed they exchanged anti-trump text messages. so they might not show up. >> judge napolitano: they have been asked to come, they haven't been subpoenaed. if you're subpoenaed. strzok has been subpoenaed, if he doesn't show up, his lawyers are supposed to move to quash the subpoena and then a judge decides whether he shows and what he has to answer. this is very odd to me because he has already voluntarily been interrogated for 11 hours by these two committees. we haven't seen the transcript. i have been an advocate for the public interrogation of these two, not the private interrogation because when you have the private interrogation, then you have democrats

releasing their respin and republicans releasing their spin and we are treated like children. we should be able to watch these interrogations and come to our own conclusions. what he would come voluntarily and then not for the second round his head-scratcher. >> katie: former congressman jason chaffetz suggested these two should be testifying side-by-side at the same table and it open a form so that we could find out what actually went on. >> melissa: he has been so maligned to this whole process, i would want to step forward and tell my side of the story in public. i wouldn't avoid going because all we've heard are her private texts. she should really want to get up there and if she doesn't show up, then that makes me really wonder. then i just assume that everything we've heard about her is true. >> marie: i agree that if i were either of them, i would want to get my side of the story out because all we have are these text messages, they should want is other side of the story. i'm also making a plea for

congress to treat this seriously and not just from a partisan perspective and so we will see if it's actually a public hearing whether the congressmen are all preening for the cameras as they tend to do. >> judge napolitano: that's a disadvantage. >> marie: that is a disadvantage of it being public but i agree in principle that i want them to just answer questions. i want to stop referring to the text messages and get some information from them. >> katie: how do we move on from this? we haven't seen the transcript, we don't have accountability, lisa page and peter strzok are still working at the fbi despite this. >> harris: senator rand paul is a very curious about the level of their clearances as we all should be, we don't know all the details of what that would look like at this point. he is trying to get that information from the fbi. i would say this is bigger than the two of them. it's one of the things that i would want to ask them whether they are seated as jason chaffetz has said together were not, the paramore's. i would want to know how big was this plan that you had to keep the president out of the white house when he was then

candidate donald j. trump? and all of the time since you've been working there, was it a plan that you maybe have shared with others? that you know it wasn't real? i wanted to know what it looks like. are they trying to impress each other as lovers? why would you put that in a text message and where does that plan sit now that he potentially might run again? are you still working on it? those are some of the questions i would want to ask. >> judge napolitano: this is the second interrogation, he's already answered these questions under oath. he has to be familiar with what he already answered because if he contradicts himself, he's going to be under oath again and has a very serious issue. >> harris: the other question would be are they going to treat him the way that they've treated michael flynn and others when they're caught in a life? i have a lot of questions. >> katie: many questions unanswered but we will move along. a senate majority leader mitch mcconnell confronted by a group of angry protesters who left a kentucky restaurant, this coming from the public harassment of trump administration officials. the other we are seeing a dangerous trend.

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>> melissa: more "outnumbered" and just a moment the first, let's go talk to harris and see what's coming up on "outnumbered" overtime in just a few moments. >> harris: thank you very much, let me spin around intaglio. republican of the senate judiciary committee will join me. i will ask him about

president trump supreme court nominee. he is about to ask brett kavanaugh questions at the confirmation hearing, making his way around the hill today. plus g.o.p. congressman of the house judiciary committee. the house side now. was it expected to depose lisa page tomorrow. there are reports pages fighting a subpoena to appear. will she answer for the anti-trump bias in her text messages with her then lover fbi agent peter strzok? that and more atop the hour overtime. >> melissa: look forward to it it. >> marie: senate majority leader mitch mcconnell harassed by an angry crowd as he was leaving a kentucky restaurant on saturday. this is a second time in the last two weeks at something like this has happened to the senator. watch. >> vote you out! >> we know where you live!

>> marie: this comes after a number of other trump administration officials have been confronted or harassed in public. so i think there is still obviously the ability for people to exercise their free speech rights when people are in public, but when it crosses the line into threatening likely heard in that video, someone saying we know where you live. talk to me about some of these free-speech issues. the question of stability and whether it's politically smart as a separate one but just from a legal perspective. >> judge napolitano: what we saw is protected speech, i think it is absolutely protected. we know where you live, i don't know that qualifies as a threat. log requires that every conceivable benefit of the doubt be given in favor of free speech before it can be prosecuted. so if there's any lawful interpretation of it, any prosecution of it, but i can understand how horrible that feels having been victimized by

it myself. it is just an awful thing when people get in your face and prevent you from walking from a to b. in terms of what happened to sarah huckabee sanders, virginia law prevents that. new york law does not. you go to a restaurant in new york and people say we don't like your policies, we are not going to serve you, give a major civil rights case on your hands. >> marie: the question of whether this is politically smart on the side of protesters, i get it that people on the left, i am one of them, are angry. i get that you want to express that. do you think that voters look at this and say and think that's an acceptable form of protest? and protest isn't supposed to be comfortable. >> katie: i wouldn't say that's protesting, i would say that's mobbing and intimidation. we've seen of violence perpetrated against conservatives and republicans, the congressional baseball shooting was one year ago. this is not something new. but remember back in wisconsin when governor scott walker was

pushing through all of those reforms, all these protesters and rioters descended on the capital, where threatening his family, showing up at their homes. we had mobsters showing up at kristin nielsen's home, the homeland security secretary's house waking her up. that is an invasion, that is trespassing and politically, i think a lot of people, the majority believe in free speech but they also think that there is a line and this kind of behavior is completely unacceptable, it's threatening and it's very quickly turning into violence which i think is the most severe situation here. last night, shannon bream was going to do her show. outside of the supreme court, and she had to bring it back to the fox bureau because things got so out of control there. it's scary. things can happen very quickly. space as it happens on both sides of the aisle. i've had a death threat set my house. is that okay what happens on either side i should say. >> melissa: was interesting about it is you end up creating

sympathy for the people that you're protesting. so i think in that way, it is not smart to get your point across, may be satisfying at the moment but you create sympathy for the other side. >> judge napolitano: very wise statement. >> marie: with that, we will take a break. more "outnumbered" in just a moment. it was tough getting out there on stage. i wanted to be clear. i wanted it to last. so i kept on fighting. i found something that worked. and keeps on working. now? they see me. see me. see if cosentyx could make a difference for you- cosentyx is proven to help people with moderate to severe plaque psoriasis... ...find clear skin that can last. don't use if you're allergic to cosentyx. before starting cosentyx, you should be checked for tuberculosis. an increased risk of infections and lowered ability to fight them may occur. tell your doctor if you have an infection or symptoms. or if you have received a vaccine or plan to. if you have inflammatory bowel disease,

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happy birthday. >> happy birthday katie. there you go. thank you, marie, we can't leave you out. we're back at noon eastern tomorrow. now, here's harris. >> harris: thanks, guys. fox news alert, supreme court showdown as democrats promising to fight president trump's pick to replace justice anthony kennedy. every single step of the way they say they will fight. we go outnumbered overtime, harris faulkner. all eyes on capitol hill, where federal appeals court judge brett kavanaugh is meeting with lawmakers. we've been showing you the live points just hours after president trump taps him to be his supreme court nominee. judge kavanaugh, with vice president mike pence as he's courts and meets with mitch mcconnell here. judiciary senate chair chuck grassley just a short time ago, also taking the candidate around capitol hill.