around the tree with the kids? >> sandra: i know you enjoy that. what is your favorite christmas -- >> bill: how much time do you have? [laughter] >> sandra: a pretty rock center tree here in new york city. go see it. >> bill: beautiful. maybe the best thing about living here. >> sandra: that's a big statement. >> bill: it's a great tree. >> sandra: i hope you're having a wonderful start to your holiday season. that's it for us. we will see you tomorrow morning. "outnumbered" starts now. >> melissa: fox news alert, former fbi director james comey is back on capitol hill for round two of closed-door testimony more than one week after he told lawmakers some version of "i don't know," or "i don't recall," at least 245 times regarding the russia probe. this is "outnumbered," i'm melissa francis. here today's harris faulkner. former ohio state democratic minority leader, capri cafaro. host of "kennedy" on the fox business network, kennedy. and a cohost of "benson & bensd

hearth on fox news rio, guy benson. he picked a good way today here. >> guy: merry christmas. >> harris: merry christmas! >> melissa: let's do it. call me, speaking behind closed doors to the judiciary committee submitted growing questions over the fbi's handling of the investigation into russian meddling in the 2016 election. this, after, recently admitted the fbi did not follow normal procedures in questioning former national security advisor michael flynn. he is set to be in new york tomorrow after sentencing after pleading guilty to lying to fbi investigators. recently, his lawyers have suggested that the agency set him up. this weekend on sunday morning futures, former bush attorney general magma casey says he does not believe that they entrapped michael flynn. >> it has a legal meaning. he means overbearing somebody's will. in other words, if somebody

resist committing a crime, you persuade them. giving somebody the opportunity to -- it's not entrapment even if it sounds or looks unfair. >> melissa: republican congressman darrell issa says the actions put the conviction in jeopardy. >> i would not be surprised a bit that the conviction of flynn is overturned, because of the justice department and the fbi's misconduct. in fact, that we potentially go all the way to supreme court with the new protections when the fbi and the department of justice lies to somebody and tricks them into chipmaking statements. and then charges them with a lie that they entrapped them in. >> melissa: meanwhile, republicans are telling fox news that the main focus of the questioning will be the anti-trump dossier compiled by ex-british spy, christopher steele. and funded by the dnc and the hillary clinton campaign. and whether or not james comey

knew those facts when he was signing off on the investigation. chief intelligence correspondent catherine herridge his life in washington with more. catherine? >> thanks, melissa. we are two hours into the session. the expectation is that will run six hours today with the transcript release within 24 hours. finishing at about 4:00 eastern. so far, what we've heard from committee staffers is that he's been a consistent witness. which appears to be code for him not answering a lot of their questions directly, or saying that he can't speak to the thinking or the actions of other individuals. heading into the session, he did not take our questions, either. >> director comey, will you take some questions? on the interview of the national security advisor mike flynn, you said you did not follow standard procedure. was he a special case? how was the handling of the flynn interview different --

>> domestic investigations and operations guide known by fbi agents, it's like their road map for hindering investigation specifically. specifically for sensitive individuals. this would be people who are elected or political appointees. another republican told us this morning that they want answers about the memos that comey wrote, documenting his conversations with the presiden president. one of those memos was leaked to the media. here is congressman jim jordan. >> first of all, we hope he actually answer some questions today. last time, 245 times he said he didn't know couldn't remember. we hope he answers more questions. i think i would ask him about the comey memos. there were seven different memos, meeting with the present, with the chiefs of staff. i want to ask them questions about those things that he wrote in there. >> on the other side, democrats have said consistently that they

think these closed-door sessions ought to be public. so that all of us can hear the exchanges, the questions and answers. they also say they believe it's an effort by republicans to tarnish and damage the reputation and integrity of the special counsel investigation. earlier today, a senior senate democrat responded to a tweet over the weekend from the president attacking the fbi investigation and the u.s. attorney investigation of its former personal attorney, michael cohen. the credibility come if you will come of the search warrant. senator coons says this is more evidence they need legislation to protect the special counsel. >> there are a few who come every time there has been a tweet like this, they step forward and say the and discussion as to be protected. mueller is exec doing and appropriate investigation others say it's not a witch hunt and we will take steps to protect it. >> in alexandria, virginia, this

morning, they unsealed an indictment against michael flynn's business partner. acting as an agent of a foreign former government, in this case, turkey. as was making false statements. it's important to note that this comes on the eve of his sentencing, which is still scheduled for tomorrow, melissa. >> melissa: catherine herridge, terrific reporting as always. thank you so much. i want to bring it up to the couch. guy, catherine mentioned this memo that we have here that was reached by the fbi on friday heavily redacted. it accounts what comey told the president about the dossier and the source. specifically. in here, he describes the source as and executive of a private business intelligence firm. he said his research, some of which has been corroborated in the past -- they collected this information on behalf of private clients and was not compensated for by the fbi.

he said the fbi did not pay for it, but didn't tell the president who did. in other words, hrc and the democrats. why would comey not tell the president that? >> guy: i think his argument would be that he didn't know. >> melissa: then why wouldn't he ask? we didn't pay for this information. isn't the next logical -- if you are typing that end, "was not compensate her for this by the fbi," as a human being my next question is "well, who did pay for it?" >> guy: well, christopher steele's pay later on the process by the fbi. i assume he would say "i didn't know it was the dmc or the democrats." thinking back to the interview that bret baier did with him, when he claims that he still come at this later date, was not sure that it was the democrats are the hillary clinton campaign that paid for that dossier. that it was republicans that paid for, which was a debunk the talking point. for somebody who seems to understand a lot of details and

is confident in his lack of guilt in this situation or at least not holding any response building, there are some very big blind spots. it seems like he has. that being said, that was a lot we just took it from catherine herridge. the wind up to this whole conversation. the idea that anyone, like the fbi or the justice department, and trapped michael flynn because they didn't tell him noo lie to federal investigators that he should have the tell that -- to anyone, little the former director of the dia. he knows you shouldn't lie to the fbi. >> capri: let me just jump in on that. before we went on air, i was watching judge andrew napolitano on the previous program. i really agree with what he presented there. michael flynn has allocated, he pled guilty in court, saying "i did these things." the prospect of overturning his conviction is really not possible. he would then have to subsequently say "i lied in

court," and therefore perjure himself. the concept of it being overturned, as much as i have an immense amount of respect for darrell issa, an ohio native, i disagree. i think judge knapp is right on. >> harris: the one thing i would say but what james comey saying now -- isn't we really know at the end of the day what was told to fisa court? my question to be, does this give us a window into what might have been said? or left out? whether he knew it, or not? >> kennedy: i think the sins of omission are a little bit more. what was left out of the fisa up location for its uppity sitting down with the fbi, there's a difference between sitting down and having a conversation and sitting down and taking a test and having the result of that test affect your final grade. which is what happened here. if they don't say "first of all, this is the test. second, we have all the answers."

that was everything. they had plenty of surveillance and communication. they knew what the answers were, and so any deviation from flynn -- by the way, he was a moron for going and talking to the fbi without counsel. that's on him. a lot of that boils down to responsibility. also, don't lie. we have to acknowledge that the fbi has become so powerful, and it's just one of the law enforcement intelligence agencies, but it's become so powerful that they can operate like this without transparency, and they can have -- a very big impact on your life. >> melissa: the conundrum is, why wasn't tea forthright in the interview? as you read more into it, james comey said "it's not that my investigators thought he was lying, is that he show the signs of somebody that was lying." so he believed what he was saying. >> harris: even further, he says that with another administration we might not of

gotten away with this. it's like they were getting one over, almost. when you watch the latest from him, it's really disturbing. >> melissa: it's like he didn't know it was an interview. you shouldn't lie in any circumstance, of course, but -- >> harris: you shouldn't go to the fbi without a lawyer. >> melissa: but why would he not tell the truth about this? so mini people came out over the weekend and said what he lied about wasn't something he would have gotten in trouble for. >> capri: i think it's more of an optics issue. approaching them or from a political perspective, and optics perspective, rather than a law enforcement perspective. to your point. >> harris: it's the top law enforcement agency in our country. [laughs] >> capri: no kidding. as he said, maybe he approach in that way of wanting to protect the optics. >> melissa: that points to him not thinking it was an interview. that meshes with what james comey said about -- that "we just walked over there, we would have made a point made, we just walked right in. i sent you guys over, no big deal."

>> harris: if it would've been another immense ration, they would deal with a different lee. >> kennedy: every admin station, particularly this one, but every administered and has vulnerability and chaos. in the early days, especially. if you are a neophyte politician. having said that, there are protocols of the fbi and james comey has admitted that he violated them. >> guy: we can speculate as to why he lied, but he didn't only lied to the fbi. remember -- >> harris: when you are talking about flynn, now. >> guy: the only ostensible reason for his firing as national security advisor was lying about the same set of facts to the vice president. flynn was telling untruths to multiple people, including the vice president and the fbi, probably not good moves. >> melissa: i want to know why. i think we still don't know why he did that. >> guy: the former attorney general made that point. >> melissa: a new poll shows vice president joe biden leadins goers ahead of the 2020

election. senator bernie sanders and congressman beto o'rourke also scoring high. what those voters say in their top issue. plus, the likely supreme court showdown looming after a federal judge declares obamacare unconstitutional. president trump applauding the ruling, but democrats vowing to go to battle to defend the law. we will discuss the political impact. >> we will be sitting down with the democrats, and we will get great health care for our people. ♪ your insurance rates skyrocket after a scratch so small

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♪ >> harris: new reaction after a federal judge has strike down obamacare. likely setting up a fight that will go all the way down to the u.s. supreme court. the texas judge finding the individual mandate unconstitutional, and that the rest of the law cannot hold up without that mandate. president trump today tweeted this. "the deductible which comes with obamacare is so high that it's practically not even usable. hertz families badly. we have a chance, working with the democrats to deliver great health care. a confirming supreme court decision will lead to great health care results for americans exhibition point" the president also hailed the decision over the weekend. watch it. >> is a great ruling for our

country. we will be able to get great health care. we'll sit down with the technocrats. we will be sitting down with the democrats, and we will get great health care. repeal and replace, a little bit differently, but it was a big, big victory. >> harris: the democrats like senator chuck schumer vowing to have congress intervene. >> it's an awful, awful ruling. we are going to fight this tooth and nail. the first thing we are going to do and we get back there in the senate is urge, put a vote on the floor, urging an intervention in case. the judge -- a lot of this depends on congressional intent. if a majority of the house and a majority of the senate say that this case should be overturned, it will have a tremendous effect on the appeal. >> harris: and politico is reporting that the decision poses trouble for republicans, as it allows democrats to seize on the narrative that the g.o.p. wants to roll back protections

for pre-existing conditions, for example. on the flip side, democrats will be forced to defend the law, putting the party's debate over universal coverage on hold. those are two possibilities. you might have a situation where democrats do have to defend. you also might have a situation where they just slipped 40 seats on this. >> guy: yeah, health care was a huge issue for the democrats in their house victories. i do think that it's interesting to watch what they are trying to do, which is defend obamacare, say that it's working, say that it's successful, but also pivoting to single-payer health care, which is sort of the new direction of the party. which barack obama has endorsed. in some ways, it's an admission of failure of the law that's on the books. what i was confused about when i saw this really come down, it's like -- why is the judge ruling on the constitutionality of the individual made a tax? we already had that argument. it went to the supreme court, it was 5-4. the only reason it was re-argued is because of their public attacks law zeroing out the

individual mandate penalty. the new claim in court was "that's no longer a tax," which is how it was upheld by chief justice roberts. "therefore, it's an unconstitutional mandate." i would just point out, the exact majority that saved obamacare -- those 5 justices -- remains totally intact. >> harris: it's interesting, what you are talking about is also is supported by the the polling of the america people. they say they like obamacare. some of that could be, capri, because they don't know what's on the outside of this. neither political party has come up with an exact replacement. >> capri: as the murky people, it's tough to take something away from somebody. it's human nature. >> harris: it's hard to stop a government agency. the >> capri: that, too. you helping me to something really want to talk about. i worked on health policy for the better part of the past two decades. i would suggest that my democrat and publican friends seize this opportunity to work together. there are a number of things they can do. president trump is right about

the high deductible. makes people underinsured. >> harris: why don't they just go to the e.r. again? >> capri: exactly. or the free clinics. one of the things they could do is extend those premium tax credits from the silver plan down to the bronze plan, which has those huge deductibles. it's something that most democrats and republicans have said previously that they support. it stabilizes the marketplace. >> melissa: no, no, no. no, because all of those things are just flooding more government money into this zone. you're talking about who pays for it. what we really need to talk about is bringing the cost down. you want to figure out how that happens prayed one second. all you have to do is look at one president trump talked about lowering the price of drugs. i thought, lipitor -- $1400. who is paying $1400 for lipitor? >> harris: nobody, because they are using the generics.

>> melissa: guess who is? taxpayers. medicare will pay hospital $1400 for lipitor because you don't have the consumer right -- you need transparency. >> capri: you need -- >> kennedy: what do you like? i would love to enter this discussion. once again, all sides have it all wrong, except for you. you touch dead at the very end. you have to get the government out of this. all it is doing is complicating it and making it much more expensive, and punishing people in the middle who are being left with fewer and fewer choices. one of the most critical things that our health care system provides to the world is not being a mirror image of sweden or some other scandinavian state. mythical utopia, because that doesn't exist the way -- >> capri: i'm not for single-payer health care, by the way. >> kennedy: the scandinavian model doesn't exist the way bernie sanders thinks it does.

we provide intervention. we do research, there are people who have incentive to get product out faster to compete against each other. that's what will make people healthier and live longer. >> capri: if you improve health outcomes, you ultimately reduce costs. >> kennedy: the government doesn't do a great job of improving health outcomes. with the implantation of obamacare up, people have been wears off. they will show that they are willing to offer a free market option, which is what they desperately needed to do. that's why they lost a majority in the house. >> harris: melissa, you brought up this point. talking about the same thing, you end capri, because you are trying to get out of the e.r. which i'm also eager to do, too. you are right, the hospitals would do that because the subsidies are there and they will buy lipitor. other people, when they go to the pharmacy for something called preventive care -- which we don't have enough of in our bloodstream in america -- everybody keeps going to the e.r. because the deductibles are so high.

they will buy the generics. how do you get people just to do that? to use what they have in terms of the -- >> melissa: you get the government out of it, that's true. no human being would pay $1400 for a medication. >> harris: very few could. >> melissa: you can get it for $20. only the government would do that come with our taxpayer dollars. >> guy: the democratic party argued for years, what we need is a massive government intervention and intrusion into the health care system to bring down costs. costs do not go down, then the democrats say "okay, we need a total takeover of health care." that is the new hotness in your party. >> harris: it so interesting that on this couch it mirrors what's happening in america. people are really focus on this issue. i know because i was getting wrapped like it was nobody's business. we will come back to this at some point, i know it. lawmakers are preparing for a showdown as the white house is standing pat on the demand for building a border wall and funding a wall system, with just

four days to resolve all of it. parts of the government will go down. a partner shut down. whether the president's right to dig in, or if there will be a big political fallout. plus, special counsel robert mueller still wants that face-to-face interview with president trump. but his legal team says "no way." where it goes from here. >> no way, no interview. >> they are a joke. over my dead body. but, you know, i could be dead. ♪ for strength and energy! whoo-hoo! great-tasting ensure. with nine grams of protein and twenty-six vitamins and minerals. ensure. now up to 30 grams of protein for strength and energy!

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♪ >> melissa: democrats and president trump have only a few days left to come to an agreement on border spending and avoid a partial government shutdown. new report saying the government agencies have a possibility that their funding may run out this saturday. three days before christmas. over the weekend, white house senior advisor stephen miller saying the administration is willing to risk a shutdown if

democrats do not agree to more funding for border security. >> we are going to do whatever is necessary to build a border wall, to stop this ongoing crisis of illegal immigration. this is a very -- it comes to it -- absolutely, this is a very fundamental issues. at stake is the question of whether or not the united states remains a sovereign country. whether can we establish rules for entrance into our country. democratic party has a simple choice -- they can either choose to fight for america's working class, or to promote illegal immigration. you can't do both. >> melissa: in the meantime, democrats putting the pressure on president trump to keep the government open. >> whenever i hear a president say to the american people, at christmas time, "i am going to shut down your government," it pains me. i know that it's going to make a bad christmas for a lot of people. i would say to the president, a lot of people have worked hard. all they want to do is live their lives. >> melissa: capri, democrats

could give anything right now in exchange for that border wall funding. 215 miles of fencing, $5 billion. they voted in favor -- >> capri: offer them daca. >> melissa: they've done it, they turned it down! >> harris: >> guy: i think thata mistake. i think they have an opportunity to send a signal coming into the next congress that we are not going to be obstructionist. that we are going be partners in governing. if we are not, that's not only bad for the market people -- it's also bad for 2020 politics. president trump can then run against democrats and say "look at, they are the party of resistance, they can't offer anything except being anti-trump." i think it coming to the table as an opportunity. you care about taco, get it done. >> harris: are you the only one who feels this way about former leadership? i know you were state leadership in the state of ohio. this is very simplistic. shut down the government over this issue of dhaka. you're giving them a way forward.

this isn't the original $25 billion he asked for. it's $5 billion. that's still a lot of money, but we've already got dollars allocated for the fence. which is a wall, by the way. so we can call it that. for the strong fence systems, which call for more patrol and more technology as a border. we have already agreed on that as a nation. we've agreed on by makers on capitol hill. is it just that you don't want to do business with president trump? >> capri: i think that's the way it will be perceived predemocrats are going to sit there and play directly into his hand. if they don't somehow play it -- >> harris: humans on this issue. >> melissa: kennedy question asked before you figure out a list of things -- nancy pelosi has to stop saying "the dreamers are not a bargaining chip." >> harris: how would they know know? they burn roster the lectern. >> kennedy: they have sold and traded for a living.

that's her currency. she so pathetic. >> capri: this is this is nancy pelosi we are talking about. she crushes people's dreams for breakfast. everyone is a bargaining chip. if she's going to make the country better and make these people's lives better, who essentially -- in immigration limo. waltz into the white house with your fur coat and your fancy lou louis vuitton bag. check it off. he will come to the table and he will avert the shutdown. >> guy: i think what they want to say shut down they can blame on the present, which is what would it seems like we are headed for. i would point out that in 2006 they voted for 700 miles of double offense and a physical barrier. 80 senators voted on that, including barack obama, hillary clinton, chuck schumer, dianne feinstein. they have voted in favor of this already. give the president some of the money, let him declare victory, you can say it was already

agreed upon before him. everybody can say "we did our thing," and go home for christmas. and said, because washington is dysfunctional -- >> melissa: or give something in return that's painful for him. if you don't know -- >> harris: there are so many millions of people. and some republicans called it amnesty. he offered a pathway that included more than just the dreamers. what would that be? he already offered it. >> guy: i don't think there's an offer he can make that they would accept. >> harris: i don't know if they would say yes to anything, except for capri. anyway, a new report commissioned by the senate offering the most extensive analysis yet into russia's efforts to spread the vision and misinformation during the presidential election in 2016. the report is inspected to be released sometime this week, revealing how russian operatives used social media to target specific demographics of american voters. and it to manipulate conversations surrounding key issues with the goal of generating support for

then-candidate trump. meanwhile, the special counsel's investigation of russian meddling -- there are reports that robert mueller is still pushing for a sit down with the president for a face-to-face interview. on fox news sunday, president trump's attorney, rudy giuliani, said that would have. a special after michael flynn suggested the agency set up their client. watch. >> the special counsel doesn't want to interview the present? >> good luck. after what they did to flynn? the way they trap him into perjury? and no sentence for him? 14 days for papadopoulos -- i did better on traffic violations than they did with papadopoulos. >> no interview question marks because they are a joke. over my dead body. but, you know, i could be dead. >> harris: let's unpack in reverse order. over his dead body. [laughs] >> kennedy: i think this is been the consistent message from his legal team. he won't sit down for an interview. the former legal team acquiesced

too much, gave millions of pages of documents, and they have agreed to written answers. now they see that the fruits of mueller's labor are slowly coming to the service. none of it appears to be good news for the president. there is very little upside for him. i've said that he should sit down, because i think impeachment could be the best thing for him. i think it either removes him from office because he's dumb something horrible and he should be president, or it makes him the most popular president in the modern era and guaranteed his reelection. >> harris: you heard republicans saying as much after clinton, that it helped his numbers and lowered there is in some cases. >> guy: baiting the democrats into overreach -- i've heard that theory. i have said all along i don't think it makes sense for him to sit down with their team. especially now they are seeing "look, they tricked michael flynn to line," and create that crime. why would they ever put their client in that same situation? you look at the way the president is, shall we say, cavalier and undisciplined in

his tweets about these issues. imagine an hour or two hours or three hours, sitting down one on one where he is just talking and talking and talking. i think that rudy giuliani says "over my dead body" literally -- >> harris: i can't even imagine that. melissa? >> melissa: i go back to the beginning of what we were talking about with this idea of just how in-depth russia's meddling was, on places like facebook. how much they manipulated. i look at what's going on in france right now, and you see the riots. i wonder, do they have a hand in that, as well? i think this problem -- >> harris: you have asked that question. yeah. >> melissa: are other countries meddling through social media in ways we haven't even scratched the surface of? is causing real problems and violence around the world. >> kennedy: why do we assume that's not happening? we haven't done anything in order to incentivize them to stop. >> harris: just a follow up really quickly, part of what i said in the intro all this has to do with some people believing it's for the purpose of putting

a certain person in office. why can't it just before the purpose of messing it up so badly that nobody has any mistake in the system? >> capri: there is important distinction between meddling in collusion. there's no question to the point about france. during the election, that ultimately yielded emmanuel macron, it was shown that the russians were involved. it actually -- i'm fascinated by this. the oxford computational propaganda agency or institute, they are the ones who actually did this study showing that russians were meddling and targeting specifically through social media. african-american voters. there is some quantitative and qualitative analysis out there. independent from the united states, showing this is true. >> melissa: they are causing violence. >> kennedy: there are digital democratic watchdog groups that pay attention to what they do not social media, and they are using hashtags and fanning the

flames. was that none of it should come to surprise. the question is, what do we do now to reactivate? people have to be more sophisticated and take more responsibility. >> harris: preach, kennedy. >> i got had by all shards that. >> harris: democrats who want a crack at the white house need to get them pretty soon. eyes already on iowa where the democratic voters are favoring some old faces, and a rising star. the thing that voters want most in any candidate -- someone who can beat president trump. who will that be? we will debate it. stay close. ♪ once-weekly ozempic®. in a study with ozempic®, a majority of adults lowered their blood sugar and reached an a1c of less than seven and maintained it. oh! under seven? (vo) and you may lose weight. in the same one-year study, adults lost on average up to 12 pounds. oh! up to 12 pounds? (vo) a two-year study showed that ozempic® does not increase the risk of major cardiovascular events

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>> welcome packet, a new pull out of iowa -- caucus goers in the hawkeye state are the first to wait and come as you know, and the survey shows that one potential democratic candidate running wellhead of the others. its former vp, joe biden. leading the pack with 30% from independent senator bernie sanders has 19.

democratic congressman beto o'rourke has 11%. followed by senators elizabeth warren and kamala harris. sorry, cory booker. meantime, the poll shows the more important quality in the candidate for these voters is electability. 54% to saying it's more important for the caucus winners to have a strong chance of defeating president trump. 40% say it's more important to have a candidate who shares their position on key issues. that makes a lot of sense, though, capri -- even if there are big differences within the party, you still have people who will line up together in order to be the president. do you think that's pretty accurate for the rest of the country? >> capri: i think, to an extent. we always need to take these early, early polls with a bit of a grain of salt. have a long time and political dog years between now and then prayed somebody random could emerge from all of this. in that list that we just saw, joe biden's problem with the most likely to be electable of the group. i think that beto o'rourke is

going to have more problems, frankly, with the progressive leaning part of the party. people say "don't, tell me that some white male who lost an election is going to come in and be the front runner for president." >> harris: let me stop you there -- what is joe biden? he's all of those things. [laughter] >> capri: except he didn't lose an election. he's loss of election -- but here is beto o'rourke, a term congressman. speed when he couldn't get out of the primaries. >> capri: i'm not disputing that. but i think people are a little bit -- >> kennedy: they haven't settled. we still are in the middle of a cakewalk. >> guy: the calendar still reads 2018. we are a long way off from these votes being cast. i'm just saying, if you look at the polling this time in the previous cycle, jeb bush -- he was the favorite to be the nominee. we all know how that went down. i don't put stock into these early numbers of the candidates.

i do think that the "just win, baby" response -- they care about somebody who can win, versus what they believe on specific issues. >> capri: that didn't happen in 2016, though. >> melissa: but is that a reaction to 2016? hiller was not likable. >> guy: they nominated the person who could loose it all time, and she did. so they were like a bucket let's not do that again." >> melissa: every poetical party goes to that. they are like "listen, we hate the other side so much -- we want anyone could possibly win." in the end it comes down to cult of personality, i think. it used to be more about issues and other things, but now the whole political landscape has changed. it's got to be somebody who can really excite people to go out. i think joe biden looks at that poll and gets so angry at hillary clinton for shoving him out of the way, insisting it was her turn. because maybe he could have one. >> kennedy: i think he knows -- one of the rumors that we heard about over the weekend was that somehow the former vice president, beto o'rourke -- that there was a plan.

>> harris: a biden-beto? beto o'rourke raised north of $80 million. you know that he can raise some money. but it was in the wrong place, in the state of texas. does that work on the bottom of the ticket? i don't know. >> capri: i think democrats will not settle until they have a woman or a person of color on the ticket. they aren't going to be happy with anything else. >> kennedy: i can't run as a democrat. i just can't, but i appreciate your endorsement there. president trump's contentious relationship of the media, it continues after saturday it "saturday night live" fantasizes about a world without trump having ever been elected. the president lashing out, suggesting the courts should weigh in on the comedy show. we will debate that, next. ♪

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>> melissa: more "outnumbered" in just a moment. first, we should touch base with harris and see what's coming up on "outnumbered overtime" in a few minutes. harris? >> harris: james comey back on capitol hill know where he's expected to be asked about michael flynn's claim that fbi agents push him to the interview, first. briefing trump on that anti-trump dossier. i will talk with commerce and

darrell issa of the judiciary committee. and, the clock ticking down for congress to keep the government open for christmas. so far, there is no deal insight for that partial government shutdown possibility. i will talk with house majority whip steve scalise about where things stand and what will get the ball rolling. "outnumbered" at the top of they were, back to you. >> melissa: president trump slamming nbc after a "saturday night live" skit based on "it's a wonderful life," fantasizing about a world where hillary clinton was president instead of donald trump and how everybody's life would be so much better. >> what seems to be the trouble, donald? >> who are you? say back! >> relax, i mean you know harm. my name is clarence and i was sent to you from heaven. i heard you were in trouble. >> it's awful, everything is falling apart. sometimes i wish i had never been president. >> a world where you were never president? [laughter] i think we can arrange that! [laughter] ♪

>> melissa: president trump responding sunday morning with this tweet -- "a real scandal is the 1-cited coverage hour by hour of networks like nbc and democrat sin spin machines like saturday night life. it's nothing less than unfair news coverage and dem commercials paid should be tested in court. can't be legal! only defaming and belittling. collusion?" [laughter] let's start with "snl" -- kennedy, i will ask for your professional comedic opinion. i watched the whole thing, i thought the thing with the vice president was pretty funny. other than that, i don't know. funny? "snl" needs may be some new writers? >> kennedy: needs to not be so predictable pray that's when those shows were best, when they write jokes out of nowhere that are a little bit more thoughtfud a little bit more evenhanded. kate mckinnon, when she would

make fun of hillary clinton, everyone loved it. even democrats! politics is silly and absurd. it's not just one side. poking fun and taking shots at the same guy in the same way over and over and over again -- it gets predictable. "saturday night live" attracts the best and smartest minds on the planet, they could do better. >> melissa: we all know that there is no time that the president would ever wish he was not elected president. right out of the gate, right there. that's what's laughable. beyond that, for him to go back at them -- [laughs] and talk about how the court should get involved? just ignore them! ignore them! >> guy: i think it's important to come on that point, to just note that stale and partisan humor is still 100% illegal and constitutional in the united states. one of the elements of this counterfactual sketch that they did was wear melania a would get to divorce him and marry somebody else.

that's mean. that's mean-spirited. if used his twitter mashita pointed out, like "why are they fantasizing about my wife divorcing me? "i think you would have more people on board peabody go straight to the courts and law enforcement. i think it's absurdity on purpose. like, he doesn't believe this is illegal. but i don't think it's healthy for him to be suggesting this. >> capri: i think that's the way he expresses his frustration. >> melissa: i think he likes it. i think he enjoys getting in the fight with them. >> guy: he hosted the show! in 2016! >> capri: "saturday night live" had made fun of precedence since its inception. gerald ford, dana carvey as george w. bush, i forget the guy who did bill clinton -- >> guy: darrell hammond. >> capri: making fun of him eating big macs. and will ferrell as w. so, hey -- that's america. >> melissa: i think he's driving more viewers there. good be a mistake.

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>> melissa: think you to guy benson. you have a final thought for us? >> guy: we were arguing during the break about who had a better christmas party this week and prayed i think i did. but it sounded like your bartending skills are better than mine. [laughter] >> kennedy: i like to invent a seasonal cocktail, this year it's a jack fire whiskey, cinnamon, and frozen cherries.

>> melissa: that sounds incredible! that's amazing! >> kennedy: you part dumb i probably had a classy party. >> melissa: you didn't invite me to yours, though. a likely excuse! did you go to a holiday party customer do you want to get on the last? >> capri: i was at the ambassador francis house. >> melissa: b will be back at noon eastern tomorrow. here's harris. >> harris: fox news alert, former fbi director james comey is back for more with congressional lawmakers, the question -- will his memory improve? i'm harris faulkner. this is "outnumbered overtime." , is testifying before a joint house panel for the second time in just two weeks. somehow republicans are saying that his briefing to president trump on an anti-trump dossier will be a big focus of the questioning. the former fbi chief is also expected to be pressed on former national security advisor michael flynn's claim that the fbi pushed him into not bringing an attorney to