we have this everything three times. [laughter] [laughter] anyway, that's it. >> bill: have a good day. >> sandra: think you for have done my joining us on this monday. we'll see you have the rest of the week, and "outnumbered" starts right now. >> harris: fox news alert, new fallout as former fbi director james comey and present from trade accusations. after the former fbi director testified behind closed doors to congress, and then goes in front of the media and goes after the president. this is "outnumbered," i melissa francis. here today's harris faulkner. fox news contributor jessica tarlov, host of "kennedy" on the fox business network, kennedy, and joining us on the couch for the first time, marine corps veteran and republican congressman mike gallagher of the great state of wisconsin. he has the sox to join us here. >> harris: their ego. >> melissa: you know about the sock fashion, that's what we count on the guys four. >> harris: we have to shout out to your parents, your dad in fort myers, florida. >> mike: my dad is the biggest

fan of the show, in all of america. he has been threatening me at times, bribing me to go on the show. >> harris: so it only took money to get you here? >> mike: dr. john gallagher, hi, how are you? merry christmas. >> melissa: that's a smart way for you to kick this off. let's get going. the president and the former fbi director tearing into each other as the closed-door testimony before the oversight committee. frustrated that g.o.p. lawmakers are saying that he did not know it could not recall when asked question centers of the investigation into russian meddling in the 2016 campaign. then, last night at an event in new york city, he said this. >> all of us should use every breath we have to make sure that the lying stops on jane every 20th, 2,021. [applause] i understand, democrats have important debates about who their candidate should be. they have to win. they have to win.

>> melissa: [laughs] that was after president trump had weighed in on twitter yesterday morning. tweeting "leaking james comey must have set a record for who lied most to congress and want a prehis friday testimony was so untruthful, the whole deal is rigged fraud headed up by dishonest people who would do anything so that i could not be. they are now exposed. a transcript was released over the weekend. it shows that comey admitted that information used to secure a warrant to surveilled members of the trump campaign was unverified. allegations of mishandling the investigation are "nonsense." south carolina senator lindsey graham takes issue with comey's assessment. >> my biggest reaction was he made a statement after he testified that the fisa warrant process, to look into that would be sort of a joke. i don't think it's a joke at al all. that a warrant was issued based on a document paid for by

political party, prepared by an agent that's uncertified to surveilled a member of a presidential campaign. that's not funny to me. how'd that happen and the role he played. >> melissa: i would add, the president tweeted on 245 occasions, james comey told us of a seers that he didn't know, can recall, couldn't remember, et cetera. the tweet went on. the person who served, he said that, has a photographic memory. >> mike: apparently not! >> melissa: or he is lying when he says he doesn't remembe remember. >> mike: i'm not on the committee of jurisdiction, so i wasn't actually in the hearing, but he comes off is a very self-aggrandizing and politically-motivated actor. i think he undermined his own case, as , and it's difficult to figure out what happened what didn't. it's a strange credulity that he has no awareness of what happened was in the dnc entries

in gps. having reviewed all the classified material in the full report of the committee, i became familiar with the fisa process. i don't think dismissing it is helpful at all. >> melissa: to that point, what was said about that process? are you talking about the unverified document that when then? this was from congressman radcliffe. you and your capacity as fbi director refuted the sealed dossier as salacious and unverified? can we set about gas, your character ration was that it was unverified even though you have verified." what i understand about verified is that we will try to replicate the source information so it becomes fbi investigation or conclusion rather than a reliable source. work wasn't completed by the time i left in may of 2017, to my knowledge." jessica sounds like they used it faced aussies to get warrant, and he knew it

it's been three i think is a testing to it wasn't completed, but it's eventually was. i think this is normal grants are questioning him for it i agree with your assessment. i think i'm as we have discussed many times in the couch, james comey has unify the left on the right, which is difficult to do these days. i think what the president tried to do by focusing by happening on friday, and the manafort report from bob mueller, is to avoid discussing very real issues for him. obviously, having to do with the payoffs and the fact that his company isn't located in all of this. it's much more convenient to go after jim comey then it is to deal with the very real threats that are facing his administration. as a result of what he did in the campaign. >> melissa: kennedy? >> kennedy: he didn't bother to ask these basic questions? what sort of a law enforcement director is he, if he's not asking who paid for it? what are the parties involved? what is their motivation? what is our relationship with

the central person who is gathering the intelligence from russian operatives, who by virtue of their involvement in the campaign, could be incredibly problematic? he does know the answers to these basic questions, then he, himself, is incompetent. if he does have a photographic memory and knows the answers to these questions, and he is stonewalling or lying about it, then he is guilty of what he is accusing the president of. therefore, he needs to extricate himself from the process immediately. it just goes to show that james comey would have been fired by either hillary clinton or donald trump, and he is only out for himself. the fact that he is out there stumping for democrats when he has been accused of being politically motivated against the president this entire time -- it basically justifies the opposition against him. >> jessica: against hillary, because he is the one that ruined her campaign with dumping that letter 11 days before. >> harris: i would say the hill clinton would have fired him much faster. because she was still wondering

what happened in her loss, looking his direction uncertainty of what happened on july 5th of the summer before the election. well, maybe should come at me she didn't. no, i guess she didn't. there's a lot there with her in the relationship, i think he would've been gone. i have a question the beginning why the current president didn't fire him right away, too. the site he was on couldn't trust them, so who could trust him? that's one thing. i know you aren't on this particular committee, but you have question people before. i'm curious how it works. you get a bite at the apple with james comey, and then you get another one. >> mike: yes. >> harris: do you try to go down a road where he didn't remember? was he sent home to do some homework? "could you work on this memory for however many times?" what is the goal for the next time? >> mike: unfortunately come out usually works -- >> harris: because there will be a next time. >> mike: usually there is a camera on because so they takee

of that, there 5 minutes. it shocks everybody. trey gowdy in particular, said to us that we are losing him in the next congress. the goal is to get information. as i said from the beginning of all this, todd dominic hard to keep up with the every day. let's get it all out there. we can also lock ourselves in the cabin at the end of it. >> jessica: lock her up! [laughter] >> harris: i don't want to be locked in a cabinet with any of these people. >> kennedy: to your point, how can he not anticipate the questions that he was going to ask? and then, that awkward draft immediately went out and said "s is so stupid!" no, we are asking the american people -- they want the answers to these basic questions they cd giant gaps or people are filliny theories. >> harris: there's my question prayed when you get another bite at the apple, do you get down the same road and try to ask

your questions differently? what do you do? if somebody says "i do or member?" >> melissa: i would ask question based on this -- you put forward a document that you hadn't completed. you say you didn't know whether it was verified or not? you're still working on it? why did you included? spy 5 >> kennedy: if it's an anchor plate application, why dd you -- >> jessica: he had worked with government before. this wasn't a random person prayed this christopher steele. >> kennedy: there was basic questions about christopher steele because there are so much embarrassment that he was in the fbi's employee. >> jessica: of a chain of command, involved in all that, that seems hard to believe. we are voracious news consumers, but we should no more than the former fbi director about all of this happen. >> harris: 100%. >> mike: the american people

will lose trust in the institution that we need to work on. i had marines that i deployed with at her now if agents. they need to have trust in their leadership. we need a functional fbi that has the trust of the american people. i worry that that is what's getting lost. >> melissa: that's a good place to end. it's all true. new questions over whom is the best person to replace outgoing white house chief of staff john kelly. we will tell you the names being discussed, and we will debate what the white house needs as the president prepares for reelection race and a possible report from the special counsel. plus, the big bombshell among an illegal filing that dropped last week. why the democrats say the president should be worried. ♪ speak of the michael flynn filing was very significant. he met with the special counsel dozens and dozens of times, and gave a great deal of information. i think of a flynn filing, if i were in the white house, would be the one that would make me nervous. ♪ george woke up in pain.

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this is moving day with the best in-home wifi experience and millions of wifi hotspots to help you stay connected. and this is moving day with reliable service appointments in a two-hour window so you're up and running in no time. show me decorating shows. this is staying connected with xfinity to make moving... simple. easy. awesome. stay connected while you move with the best wifi experience and two-hour appointment windows. click, call or visit a store today. ♪ >> harris: new fallout after the special counsel issued memos on paul manafort and michael cohen last week, and on michael flynn earlier in the week. now for the first time their filings have suggested that president trump may be connected to a federal crime. specifically, a violation of campaign finance law. the incoming democrat chair of

house intelligence even saying that the president could one day be locked up after he leaves office. watch it. >> there is a very real prospect to that, on the day donald trump leaves office, the justice department may indict him. that he may be the first president in quite some time to face the real prospect of jail time. >> harris: republicans, however, like senator marco rubio, are defending the president against what he calls a rush to judgment prayed even independent angus king, who caucuses with democrats, says it's too soon to talk this way. >> there's no reason to not stand by anybody in this moment. they are pleading, they are cases, there are evidence. we're waiting it for all to be out there. i would suggest that it all be out there before you make judgment. it continues to develop in ways that aren't favorable to the president, but i think, as you suggest, the filings this week, there is nothing definitive. nothing that exonerates the president, either. >> harris: so, the jumping of the shark, as they call it.

>> mike: i agree with angus king and senator rubio. my democratic colleague had a good message on the previous show, and he said "caution, these ongoing investigations." everything we have is pure speculation. i dig it's also wise to be very skeptical about what's filtered through new stories. in some cases, there are selective leaks that are deliberately intended to put pressure on the white house. so, let's calm down. eddie bought her level, i know we just concluded an election that already we are in the midst of the 2020 presidential election. i don't want the vortex of 2020 to suck everything into its wake. there are two years where we can get some stuff done. i urge and beg my colleagues not to go down this road. >> harris: there is no shortage of people who go through yield signs. >> jessica: i've done a few times myself. maybe i will right now. jerry nadler, who was the one that is all kind of stops with, quite reasonable on the sunday talk shows the addict happy tapper yesterday. he said "with these be the offenses that could be

impeachable?" yes. are we necessarily going to be bringing impeachment proceedings? no. i think it's important to highlight that. when you say we should be cautious about things are filtered through new stories and selective leaks, we gossiping a special friday that we could read ourselves. the affair was clear about what happened. ordered michael cohen to commit a crime. a campaign finance violation a violation. , it's not collusion yet, but there was also evidence that michael cohen had talked to the russians more than he said. that deal with the russians would have been worth hundreds of millions of dollars, a $50 million penthouse for vladimir putin. en manafort, as well, with more contact with the russians. >> harris: no doubt, some of the information the convention friday, this is a lot for the white house to chew on. specifically commerce and matt gaetz of florida, should he be parting some of the people like paul manafort? i want to hear from senator rubio, let's talk about

what he said. senator rubio was asked about this. let's watch. >> it would be a mistake. i would strongly counsel against it. i don't think, in my view, the presidential pardon power was not created for the sorts of purposes. i think it would be the wrong thing to do any huge political mistake, as well. >> harris: try not to move, you were looking at me and i'm obviously not -- you can hear his voice. you get the gist of it. he says that was a huge mistake. >> melissa: it would a huge mistake. the crimes that were committed by paul manafort were actual crimes, had nothing to do with what is currently going on. it just wouldn't make sense. yes, there is something to the fact that he had been investigated before and he would have been pursued this last time were it not for his connect into the present. but it doesn't change the fact that he broke the law in a big way. i would also say that when you go back to this idea of

criminal, campaign finance, whatever -- we all know, and i know we are getting tired of hearing this, but president barack obama also campaign finance violations. $1.8 million that was not reported. >> jessica: it wasn't fraudulent -- that's what jerry nadler is making a point of. that was repaid, it wasn't weeks out from an election, it's not like edwards, either. >> melissa: when you don't report -- how do you not report? >> john edwards had a baby. >> melissa: doesn't help you win an election? if you are accepting money, is to win an election. >> jessica: but they do it with it right away in the proper way. that's why i know was made of i it. >> melissa: they had to pay $375,000. >> harris: 11 time, breaking news now. reports appear to have reached a plea deal. source familiar with the plea agreement says that she will plead guilty to count one, conspiracy to violate the foreign agent statute second

account to dismiss her. a cooperation, as he released her activities to united states. on facilitating a better u.s.-real all my aggression relation situation. she admits that she acted as a foreign agent without registering. of course, one of the first ways that they saw her was that question-and-answer, where she knew it would present was. she restrained asked question. what you make of us? >> i'm just hearing it for the first time. listen, i actually think people on both sides should want to get a full understanding of what the russians were and weren't doing in our last election. >> harris: what were they doing? >> mike: i would think they were clearly trying to because that's what we're seeing now, which is political chaos. get us to attack each other and be at war with each other, and prevent anything from being done paid what's ironic about the current scenario is that their deal was to get an administration that was sympathetic to the russians. they got indeed the exact opposite. >> harris: what weren't they doing? you said it was -- >> mike: we don't have a full

understanding of the scope of money that they were spending on the selection. from what they know what was spent on facebook, it was actually a very small amount. i think you're going to see that this is the tip of the iceberg in terms of countries beyond russia, like china, throwing money around the globe in an effort to undermine western democracies and in an effort to get us to be at war with ourselves. i think people are profiting from the complexity in some cases of our campaign finance laws, and the lack of full transparency. >> jessica: i would add to that, i do think it's just russia. i think they are doing this, they brought this point up on steep hills and last night. i think there are some russian involvement in what's going on in france. because i think discord benefits them, particularly energy. >> harris: that was the breaking news, thank you for responding to that. we will move on. battle lines already being drawn over president trump's expected nominee for attorney general. we will debate. where this could go, and the chief of staff position. the president announced a john kelly will be leaving soon.

which qualities should the president look for in a new chief of staff? congressman gallagher, you have a lot of qualities. we will be right back. >> a good spokes person, one guy chief of staff and really liked him, and then he had fortification of confidence of those other people. this thing would actually run very seamlessly, just the way did inside the trump organization. ♪ ( ♪ ) dealing with psoriatic arthritis pain was so frustrating. my skin... it was embarrassing. my joints... they hurt. the pain and swelling. the tenderness. the psoriasis. tina: i had to find something that worked on all of this. i found cosentyx. now, watch me. real people with active psoriatic arthritis are getting real relief with cosentyx. it's a different kind of targeted biologic. cosentyx treats more than just the joint pain of psoriatic arthritis. it even helps stop further joint damage. don't use if you're allergic to cosentyx. before starting, get checked for tuberculosis.

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i think the big misnomer as of the president likes sycophants. i think the real people who are closer to the president realizes they don't like that at all. if anything, he likes an honest, rigorous debate. >> melissa: several names are being floated come after nick ives, chief of staff revised president mike pence, took himself out of the running is today. saying that he would leave the adventures and by years end. among the said to be under consideration are house freedom caucus cochair mark meadows, office of management and budget director mick mulvaney, treasury secretary steve mnuchin, and u.s. trade representative robert lighthizer. the names on that list, i can't imagine steve mnuchin doing it. i imagine he has had a chief of staff for his whole adult life. predesigned way to be one now. be when he said he's not doing it, as well. >> melissa: that's true. >> mike: interesting. the only wino personally's mark meadows, and he's a heck of a guy. i like and personally prayed he will bring a good knowledge of how the hill works, as applicable in six of the job. really, there is no model. it depends on what the president

wants. i suspect the present kind of operates as a zone chief of staff in many ways. >> melissa: maybe that's the problem, though. the >> mike: it depends on what works for the president. history is rife with different models of how you do that. >> harris: my big question would become a what's on the list? for what works for him? because he has had a military general, he's had people in that position that you would think would be kind of more model-like. kennedy, what you think should be on the list now? >> kennedy: know we are going into the 2020 campaign, like it or not. you do need someone. i think mark meadows is a better fit because of that. he understands the political side of the operation. i think anthony scaramucci is right in that the president doesn't need an man but he needs someone who's temperate works o. somebody who fits into his intuitive gloves. >> melissa: congressman, do you think you need somebody rigid like a military leader who would sit there and is very strict?

>> mike: apparently not. >> melissa: well, that's what john kelly -- they say he kind of kept the door and didn't let people through. but he was there for a while in terms of this position. does he need that or does he need some anymore flexible? in your opinion? >> mike: 's or flex my background and bias. i tend to favor the honest broker model, that applies to what you wanted a national secrete advisor. i think the same holds true chief of staff. with a range of options. it also keeps out the put a applications of various decisions prayed somebody who can manage that process, which is chaotic and difficult even under the best of circumstances. that's a rare find in washington, d.c. >> harris: i wonder if somebody like bill schein who used to work with the staff, i was watching with kevin corke reporting and bill hemmer, and they brought his name up. >> jessica: i haven't heard that. i think to the mark meadows point, i agree with kennedy going into reduction to make sense to have somebody who knows about campaigning, and know so you should be doing strategically. mark meadows is also incredibly aligned with the president about

hillary clinton. you see in his last few weeks as chairman, he wants to have more email investigations and things like that. that is with the president's interest in keeping the "locker up" narrative going. for those who say that john kelly was such a terrible chief of staff, president trump largely got what he wanted with john kelly there. is one of the chief architects of the family separation policy, and the term administration. to get tax cuts through. he didn't have a good relationship with ivanka trump and jared kushner, which was part of the problem here. i think that john kelly, for as much as he could do as a military man, did serve the president quite well. >> kennedy: he did apply systems come absolute. but what about matthew whitaker, who was the chief of staff at the determined injustice? >> harris: that's another name being mentioned. and what i was watching come of the conversation between bill hemmer and kevin corke, one of the things they brought up was that the president might want to go inside. if he does that inside the white house, that's why they brought out real bill schein '.

so you've got to watch ""america's newsroom"!" the battle lines are being drawn over the plan to nominate william barr is in exeter in general. lindsey graham on sunday morning futures said that there is no reason that barr should not be the next ag. watch it. >> what is the likelihood that william barr gets confirmed as the next ag? >> unless there is something really strange, 100%. he has been confirmed three times. he has been the former attorney general for bush 41, the deputy attorney general in charge of the criminal -- >> harris: democrats really like him. maybe not this one? richard blumenthal says that barr's past comments make an effort to the miller investigation. should he be confirmed as ag? he believes that the concern on both sides of the poetical aisl aisle. >> i believe they want investigation to be completed. their fear is that there is an attorney general who will, in effect, commit another saturday night massacre. even if it's a saturday met

massacre in slow motion. remember, william barr has cast aspersions on the prosecutors in that bob mueller's office. >> harris: opposition to barr's not coming from the left. republican -- not only -- republican senator rand paul excess and concerns about barr and his stance on the patriot act. watch it. >> i am concerned that he's been a big supporter of the patriot act, which lowered the standard for spying on americans. even went so far as to say that the patriot act was pretty good but we should go much further. i am disturbed that he has been a big fan of taking people's property, civil asset forfeiture without a conviction. >> harris: what you think? >> mike: first of all, i thought this was a brilliant pick. when he was picked before, it was unanimous in the senate. you have to ask yourself, what has changed since then? i hate to say it, but i think the senate as an institution -- downstream of things that have happened in our politics -- has become hyperpartisan and

politicized. people like this used to be overwhelmingly supported by both sides are now subject to this crazy hyper partisan tribal political process. >> harris: you know what i don't want to miss? we have the passing of a president last week, and this pick was someone who was on that former president's team. so it seemed to be, in a moment, at least maybe because i'm so pollyanna-ish, i suppose. i have optimism for the country getting back to that stability. i felt like this was a team pick. when i hear senator rand paul, i wonder, where do you go with that information? what do you think about it, kennedy? >> kennedy: i think those are critical issues to activate former attorney general. surveillance, and civil asset forfeiture. >> harris: what rand was talking about. >> kennedy: in a civil asset forfeiture case, which could have massive implications for all of the states. and how they essentially without due process take innocent people's stuff. that's really clinical. a lot have changed on those

issues, and the world has changed in such handy one. since 9/11. he will have two come into a justice department that reflects that change. it will be a generational shift. what i would like to see here is some very -- we talked about grandstanding a little earlier. >> harris: you are going to go by where i was going to ask. >> kennedy: the senders cannot grandstand, they have to ask questions. >> harris: they have to do their jobs, kennedy. >> kennedy: and solicit answers that there's of their constituents need to hear. this is a critical time. i think the blue of jeff sessions and they need to apply a bit of pressure. >> melissa: there is no indication that they will do that thoughtful and diligent work. when you look at blumenthal, it was a slow motion saturday night massacre? what is that -- the whole pint dominic point of that as it happens on saturday night. that's like normal turnover. slow-motion, you get rid of people and to people come in. what a stupid thing today. thing to say.

>> harris: we have some buddy the democrats have embraced in the past, unanimous is an embrace. that's not just a few people taking it for the team. as you go forward, i love what kennedy is saying -- if everybody's steps up and does their job, and gets the answers, we might be able to move on with a quick confirmation of someone who could pull some things together in this country. is that too optimistic? >> jessica: a little, but i so thick it's feasible. i think william barr has a role to play in that because he could show up to his confirmations hearing and in his opening statement he could address the comments he's made about the miller probe head on to say "i made these comments, perhaps they were hasty. i will support the probe no matter what. i'm not looking to get in their way." and their people, lawyers are saying that the miller probe will keep going no matter what. jim comey said that in his testimony, there is nothing it was going to stop it at this point. i think william barr can help there. civility would be a great thing. i would add to it that, yes, last week was a meaningful week for us as americans. but this was also a smart,

strategic move on the president's part taking a vantage of the fact that we are in this moment of embrace of hw bush and saying "i'm picking his guide, and he can serve me as well as he served the former president." and he is better than sessions. >> kennedy: and want to add one thing -- the only way democrats want to have massive resistance to whoever the ag nominee is would be to nominate robert miller himself or attorney general pre[laughter] >> mike: thinking outside the box! >> mike: in the intervening year since 1991, there's been a continuation of what i think ist damaging trend to our constitution, which is to say under presidents of both parties the presidency as an institution has grown and grown in power. i hope we have that debate about article one, versus article two. the standard didn't used to be "does this person agree with all of my policy commitment's? "it was are they qualified, at the height and integrity paid we can have honest disagreement about the constitution prayed

absolutely. on questionably. in my view. >> harris: i don't know if you will get to it, so i will say real quickly right now. one of the biggest things that most of the people on capitol hill need to work more days of the year. both the types of things that you would like to see talked ab? >> mike: we just got our schedule for the next -- >> i follow you on twitter. >> mike: if you do the maps, we have a vote at 6:30 but it's -- not to be complainant with fake news, it's about 100 days. only 100 days. >> harris: lop off 30 days, those other three days is like a lightweight stuff. >> jessica: evidence that millennials want to work hard. >> mike: air high five. >> harris: the border while battle continues in washington as the threat of a partial government shutdown is looming again. they just did this thing that pushed it for two weeks. the big meeting the president will have with top democrats, and whether he can get the $5 billion he wants for his wall. stay close.

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♪ >> kennedy: walkabout, the president meeting tomorrow with democratic leaders chuck schumer and nancy pelosi nancy pelosi. over funding for his border wall with mexico. that is tied up with the government spending bill, the deadline to avoid a partial to government shutdown attendance just days away. lindsey graham urging the president not to back down. oh, tom petty, tom petty. >> if i were the present, i would say i want to years of all funding and i will give you legal status to the daca recipients. that's a good deal for the country, the president is in a good spot, here. he needs to dig in and not given when it comes to wall funding and put daca on the table and see what nancy pelosi says then. >> kennedy: incoming house minority leader kevin mccarthy says that congress mont pelosi is not motivated to make a deal with the presidents because is worried about her own party. speak of the type of new member she has coming in, they are much

more socialist and progressive. they don't go to her office to visit her, they go to her office to join in the protest. so she has a challenge that she doesn't want to vote for anything. it's more her personal politics than putting the american public first. >> kennedy: what did democrats put first, he requested arc nancy pelosi's office with the border wall? >> mike: it's hard for me to see a scenario where they get together and come up with some sort of compromise. i think it such -- to illustrate in our conversation, why are we at the last second now dealing with this? >> kennedy: you are in congress, whether you tell us? >> mike: we don't work in a normal fashion. why something being negotiated among five people as opposed to being run through the normal committee process, through the bottom up? >> harris: you know the answer to that. every time somebody who is younger gets ready to step up and usurp some power and challenge one of these leadership, what happens to them customer and they don't go missing, they just go to the other side of the room. i guess we should be thankful that they can be found.

the point is, yes, all the power is being arrested by a few. that's not fair. >> mike: i think it gets members, they become disillusioned with the process. it stifles good policy ideas from the bottom up. you want the action in congress to be focused at the committee level. >> melissa: why can't you do something about that? why can't you get together as a group? why can't it become a system of caucuses rather than about parties? there are enough people who want to do something about immigration who could see their way, "i give something that i don't like him i get something that they want. there is a deal to be had." i may be the leadership doesn't want to do it, but aren't there enough other people who want to? >> mike: my own experience, i propose three civil things we could do to sorta fix this process, devolve power from the top back down to the committees. and i lost miserably. >> harris: what was the list? >> mike: this would have allowed it committee chairs to be elected a different way.

they would be committee elected instead of chosen by leadership. >> harris: so, merit versus populated? >> mike: that's my theory. >> harris: i bet that wasn't popular. >> kennedy: there's not enough control for leadership there. >> mike: if you wait to the last second can i combined everything to an omnibus bill that they'll have a chance to read, it increases your ability to jam think through the process. they make and people lose out, that's why -- >> kennedy: so what is nancy doing in this position? >> jessica: i think she does what you want people in congress to do, which is to split up the issue. she said, "i'm not taking dreamers for border wall funding." as part of the copper mines, chuck schumer has offered $1.6 billion of the $5 billion prayed they aren't thrilled with that, but they are going to call it a wall. they will get some border security done, which we know is a boon for both parties in the 2020 election as immigration is hovering around the -- >> melissa: they are having a meeting tomorrow on that. does it get anywhere? she's right, there is one side offering something the present

wants. get it together. >> mike: you have to remember, the president offered i thought a very generous proposal last year, which had a deal of border security for the daca population. >> jessica: that the illegals down i give the good and gracious us and we had some of the four pillars that didn't make it straight it all. >> melissa: in the first place, what's wrong with what chuck and nancy are going to talk about tomorrow i think it is? they are all getting together and having this meeting. what's wrong with that? i am hopeful. >> mike: it depends on what comes out of it. if it's $5 billion in border security funding in return for something on daca, i think that some thing we can take a look at. if neither side is willing to budge, to your point, they are not going to get anything done. it's monday, we are going to go into session tonight. i need to see the text. i can't vote responsively without analyzing the bill. >> kennedy: no, you pass it, and then he read it! >> mike: [laughs] that's right. >> kennedy: congresswoman-elect alexandria ocasio-cortez jabbing with the

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speed tomorrow number to just a moment, but let's touch base with harris on what's coming up on "outnumbered overtime" a few

moments from now. >> harris: thanks, melissa. were getting ready. attorney's coming victory after special counsel mueller's friday court filings, even though one top democrat lawyer now says that those memos may outline impeachable offenses. judge andrew napolitano will join me to sort it all out. some g.o.p. lawmakers are going after former fbi director james comey after he kept saying "couldn't recall, couldn't recall, couldn't recall" in his testimony. congressman doug collins of the house judiciary committee incoming ranking member joins me on what will happen when james comey goes back to the hill for fresh testimony next week. at the top of the r, "outnumbered overtime." melissa? >> melissa: looking forward to it. congressman elect alexandria ocasio-cortez sparring with donald trump judy donald trump jr. on social media. saying that "i noticed that jr. here it has a habit about posting nonsense about me whenever the mueller investigation keeps it. keep it coming, jr.

it's definitely very, very large brain idea to truly member of the body that will have subpoena power in a month. have fun." that came in response to a photo trump jr. posted on instagram mocking her, who is a self-described democratic socialist. what do you make of that back-and-forth question xp six this confirms what i have long believed, which is that social media is making us all stupid. we should unplug, spend less time on twitter come and have face-to-face conversations with people. i don't do surround yourself with people that agree with you. but seek out people that disagree. >> melissa: you are on twitter, right? >> mike: my staff is on twitter. i direct them, and there are parameters. i approve everything he gets put out on twitter. i don't personally have it on my phone. so i'm not checking it every single day. sometimes they use it to filter nerdy foreign policy things. >> melissa: i understand this is trump jr., but knew see people start to get into the mudslinging with the trump team it seems like it needs to a sitn where you release your dna

results and you less native american that m. >> jessica: i don't think that will happen to alexandria because of cortez. i don't think it's smart to throw around subpoenas, even when you haven't even taken your seat yet. she pointed out, when she backs up off of that, "i'm a freshman, i'm not going to have a good job on any of these committees anyway." but i do think -- a new norm not particularly a friend of her politics, she is far further left than i am -- she's doing something very important for transparency in congress with the live tweeting of everything that's going on. the orientations, where she is pointing out that they are lobbyists when its labor. people pointed out, labored could come if they wanted to host orientations. i like that she's doing the videos, really involving her constituents. she sang "you sent me here, this is what's going on." i think that's valuable for a public that doesn't trust people who hold elected office. no offense. >> kennedy: i like the videos because she shows how empty headed she really is, and her brain is as empty as socialism itself.

the ideas that she pushes. i didn't have a problem with trolling and counter trolling. i have a lot of patience for people who get so outraged because don jr. says one thing, and she responds. i do agree with you that people who think they are going to punch the president in the same manner, as hard as he does -- i think they create problems for themselves. it's very inauthentic. trying to fight the president or members of his family the way that he does -- it doesn't make a lot of sense, and she needs to revert back to what it was about her that resonated with voters, that allowed her to unseat a popular long term incumbent. in a primary. i think she has gotten away from that, and she bought into her own misdeeds, which is certainly tarnished a bit and the last two interviews. >> melissa: congressman, what has a reception penlight question ? is she getting outsized publicity and the rest of the world, or is she going in a kind of shaking things up? was it like to be next to her?

>> mike: she's not quite a member of congress yet, we haven't had a chance to work with her much. she is incredibly famous and gets a lot of press, and i hope that new member of congress will focus very intently on how did they do their committee work, how did they do the tough work of legislation, as opposed to just focusing on "how do i get a bunch of instream likes or twitter retweets?" or whatever it is. i think that accelerates a trend that we've seen for long time, which is the congress has become a theater. an omen to political theater as opposed to a serious legislative body. >> melissa: it does seem like you don't do a whole lot. no offense. it's really painful for the rest of us! i understand, you want to do more. but in terms of solving some of the more obvious problems. >> mike: i have to defend the house, it's easy for us as a majority body to pass legislation we passed. the kind of legislation that died a slow death in the senate. we were talking earlier that of the permit with the sudden as everybody wants be present. i think is an element of truth in that.

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>> melissa: thanks to congressman mike gallagher. really quick, tell me something hopeful. give me a last thought. >> mike: there will be a lot of concern about a government shutdown or whether we have to work over christmas. think about the young men and women in uniform will be deployed over because most

places like iraq, afghanistan, and syria. every time you one of them were norma or nominate a kid to attend an academy, it's my belief that our best days are in front of us. >> melissa: back here tomorrow. here's harris. spew only begin with this fox news alert. the president and his legal team insisting that he is in the clear. after the special counsel dropped some key memos. democrats eat differently. let's go "outnumbered overtime" now. i'm harris faulkner. the president and his legal team claiming victory after robert mueller issued memos on paul manafort and michael cohen. trump attorney rudy giuliani says that they completely exonerate the president, tweeting this -- "fake news coverage, can't change the reality that mueller's late friday dump demonstrates yet again no evidence to connect it to the president. it also indicates the southern district of new york is asking that cohen receive a four year prison sentence, longest so far, because as we have said he still lying."