you, anita, coming in here from l.a. >> anita: i will come any time. >> rick: i think that you have earned a spot. i don't make those decisions, but we hope that you have a great rest of your day. and "outnumbered" starts right now. >> anita: thank you for watching. >> we begin with a fox news alert, president trump not walking down from his border security is a partial government shutdown enters it spent the day. not going to reopen soon. democrats have vowing to hold the line and refusing to approve funding for a border wall. all of this as a senate is set to reconvene tomorrow. this is "outnumbered," i am julie banderas, here is morgan ortagus, fox news contributor jessica tarlov, host of "kennedy" sizzle on the fox business network, kennedy is here. also will be on new year's eve by the way. the teasing as soon as possible. joining us on the couch, howard kurtz, the host of media buzz. you are #oneluckyguy today. and not me, because i am sick.

let's hope you don't get it. >> i will move over here. >> president trump over the christmas holiday doubling down on his act for lawmakers to act on the signature law promise of building a border wall. calling on democrats to come to the table to help bring a revolution to the shutdown. watch this. >> i can't tell you whether the government will be open. i can tell you that it will not be open until we have a wall, a fence, whatever they would like to call it. i will call it whatever they want. but it is all the same thing. it is a barrier from people pouring into our country from drugs. it is a barrier from drugs. >> allison barber is live at the white house with more. >> hi, julie, sitting down with members of the freedom caucus and other republican from capitol hill late last week. for a border security lunch. members have hidden it as administration and seven republican lawmakers. house freedom caucus, democrats

were not included in the lunch, it was one of the last big meetings before the senate adjourned, and you see mick mulvaney, the current budget director soon to be white house chief of staff, mike rounds, and chuck schumer, they met that same day. we learned that mick mulvaney and mike pence were on their way to capitol hill to meet with mr. chuck schumer, and the counter offer was made, somewhere between the $5 billion at the white house initially said that they wanted and needed for border security and some sort of physical barrier at the southern border. and the $1.3 billion that they say democrats are currently offering. the president told reporters in the oval office yesterday that he is still willing to meet with democrats. >> i will meet with them, sure. i will always meet with them. hopefully we are making progress on the funding of the wall, the barrier, whatever you want to call it. >> president trump and republicans insisting that to the ball is in the senates court, mainly senate democrats

pay >> we passed a bill that is $5 billion for border security, president trump agrees with the house bill, mitch mcconnell in the senate and senate republicans agreed, so we are just waiting on democrats in the senate, chuck schumer to figure out that americans want a secure border. >> democrats say that they are getting different messages from different people about what the president will or will not accept, the minority leader chuck schumer tweeting a portion of a joint statement he released with nancy pelosi. sing this "who the president wanted that shut down, but he seems not to know how to get himself out of it, as long as the president is guided by the house freedom caucus, it is hard to see how he can come up with a solution that can pass both the house and the senate an end his #trumpshutdown ." democrats have not expressed concern at the border yesterday we received concern that according to a border patrol, an 8-year-old died in the custody of u.s. customs and border patrol agents. democrats are expressing concern

about that death. to that is the second child to die while in the custody of border patrol agents at the southern border this month. julie. >> thank you very much. all right, moving on, shutdown day five in fact, this is something that happen obviously right before christmas. the republicans basically said that we want to border wall funding, they want $5.7 billion. at the president has insisted that if they do not get $5.7 billion they are not going to negotiate. and the democrats only want to throw in $1 billion. morgan ortagus, i would ask you first of all, if the president does not get his wall, and the quote that he actually said was that i cannot tell you when the government is going to be open, i can tell you it is not going to be open until we have a wall or a fence, whatever they would like to call it. i think it is interesting that he uses the word fence, because of herbage -- the democrats are against the wall, but trump supporters want the wall, so if you say fence to a trump

supporter, tell and culture, she will unfollow him for a second time. they want a wall, not a fence. >> build the fence does not have the same ring is build a wall. what you're saying is that there is no prize for anybody in the middle. whether it is the democrats and nancy pelosi, chuck schumer at their base, or the president to his base, there is nobody who wins the day by winning moderates or the middle. you have two parties that are not having an election anytime soon, so they are both looking to pacify their basis. the president sees this as something that not only he committed to, but something that he is saying they voted for this many times over. so this does not end with a small deal, give me a little bit of money here. we talked about this on monday. i think that this ends when the president put something on the table that democrats cannot refuse. i think that that might be something like daca. >> will they refuse? first of all they will refuse any kind of border wall funding whether you call it a fence or a wall, the democrats are not going to go for it. is daca going to be the ticket

to the compromise? >> not this time around, i believe, it's hard to figure out the presidents and gave him since he said he would take the heat a couple of weeks so. if the dems have dug in. what will happen when the really felt and it will pay for over compromise, allowing ambiguity that both sides can to clear victory, nothing that the media freak out is this, -- >> number 11 media freak out. >> this is the first day back on the job, number two only a quarter of shutdown coming in most of the media is on vacation, so this is not a constant drum roll, it will be shut down, shut down, shut down until both sides feel pressured to do something. >> kennedy, if the republicans do not get the democrats what they want, then the democrats take over, then the republicans have no chance of getting the border wall. >> that's what my question is, what happens next? if this is a hill that the president will die on politically, he is in for a

rough ride. and i do not think that it goes back to the present. i think that it goes back to house republicans setting a bad docket for what they took on first. they should not have taken on health care first, i still think that they should have tackled taxes and then if health care field, they could have circle back and added more to taxes. they could've been a little bit more responsible with some spending cuts. it is only going to get harder for the president because of that. i think that congress could have given him a few more legislative victories. and now he is going to have to play it completely differently. the question is, it has been so split between house republicans and senate republicans, but now you have democrats in charge. so is it going to be so divisive that every single issue we are going to come to an impasse? are we going to become even more entrenched? because at some point for voters, that will be exhausting. and democrats have to offer more than that. and they have to offer more than resistance and fighting.

and so far i understand that they are frustrated, but i do not hear solutions. >> what are the solutions? >> solutions was chuck schumer's initial proposal was $1.6 billion for border security funding, which the president could have taken, and he would've had after the midterms, which we can agree was not great for republicans, a win for his base that needed to see that he was going to continue to deliver for them. i don't know what the $1.3 billion to let us know on the table is going to transform into now that nancy pelosi will take care of the gavel, but your point, morgan, when you say that moderates do not win in washington. i punched a win their elections. it will be interesting to see when they come into the side on office, they are coming from michigan, they are coming from kansas, ohio, what they do with all of this, because they might have people that supported them with that voted for trump in 2016 that are interested in more border security, at that comes in. i think that you will see a

different washington. nancy pelosi loves to make deals. she wants to be successful. she wants to run again in two years. she does not want people to say that she did anything but resist and resist. >> by this political fallout something that both parties are taking into account? we have gotten to the midterms, and to those in congress have been elected, so there is nothing holding them to the table to say, look at, make a decision or you will suffer. the presidential election is still a couple of years away. who suffers most? >> you step back and look at, $3 billion separating the two sides. >> does nothing. it is really nothing. >> it is not about the money. this is a symbolic fight where president trump is trying to show his face, i have not forgot about you. i'm in there fighting. i'm willing to shut down because i believe in border security. the democrats are playing to their base. the pain will be ratcheted up so much, it could go on for three weeks, three months, that can't happen. so they will go mount with a paperworks over compromise. but it is not like the

government is going bankrupt, you are right, the democrats have some responsibility to show that they are not just going to be in the opposition camp, and the president has to show that he will be able to govern. >> how he makes a good point, we have heard from the president's, not the complete numbers, but the acting chief of staff mulvaney went back to them what the numbers, we have yet to hear from government leadership if they are willing to take this to enough of a compromise, the only thing that we have heard from democrat leadership on the 24th was blaming the president for the shut down. they have been consumed of the p.r. narrative of making sure that he gets blamed for the shutdown, which he has already taken responsibility for it. why don't they come to the table and tell us, the administration offered $2.5 billion, we are willing to take it or not, but i think that -- >> that is because it is not done yet. everybody was off for the holidays. this is the first day back, maybe by later today or tomorrow we will hear numbers trickle out, and positions will be dug in and grounded in something

real that we can point to. >> i want to point out to that you people look at the shutdown and it really does not affect them, so it is becoming a less and less -- >> it affects you if you are a federal lawmaker. >> does, and i understand that, but talk about families who have been out of work or financially hard-hit for the last ten years who have not been able to recover and they voted against someone like hillary clinton because she was an establishment democrat who is not going to do anything for them. but if you have people, and the federal government is too big. it employs so many people. it is so cumbersome that i hope that people kind of look around and say, well, maybe we don't need this much government, number one. a number two, the more time to go half and the less that it affects people, the less of the pool that it is enforcing the negotiations. >> if you want to shrink it, this is a bad way to do it. >> it is a horrible way to do it, but it goes back to congress. they have a responsibility to craft legislation. and there's so much chaos and confusion when it comes to immigration that people do not know if they are coming or going and what is going to happen when

they get here. if they are going to be detained, released, given a court date, if they are going to be given a lovely home somewhere in the midwest. and that sort of confusion, that is on congresses shoulders. >> i just want to point to the dow right now, because it is actually up 437 points. >> since we are on the air. >> i think that is true. >> or since trump is off off te phone. >> there's something to be said about this part of the government needs to keep an eye on this as well. people are nervous about the stock market. main street does not echo wall street, but nonetheless, washington needs to keep an eye on it. >> adding to that, we have some good news so far about holiday shopping numbers, so consumer confidence is still high. the markets are reacting to that and the fact that they are dribs and drabs out of washington that they may continue talking today and tomorrow. i think that the markets are -- >> but 600-point sell-off on monday, that is scary. >> got everybody rattled. >> moving on, customs and border

patrol, ordering medical tests on every single child in its custody. this after a second migrant child died while under their care. we will have a live report coming up straight ahead. plus, an off day on wall street. two days after christmas eve plummeting funds, president trump reassuring jittery investors whether it will be enough credit and how much this has to do with the actions of the federal reserve. ♪ >> they are raising interest rates too fast because i think the economy is so good. but i think that they will get it pretty soon. i really do. ♪ zicam is completely different. unlike most other cold medicines... ...zicam is clinically proven to shorten colds. i am a zifan for zicam. oral or nasal. uh uh - i deliverberty the news around here. ♪ sources say liberty mutual customizes your car insurance, so you only pay for what you need.

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following the major sell-off on christmas eve, all of this as a president looks to calm nerves on wall street. yesterday saying that the economy remain strong. also expressing confidence in treasury secretary steve mnuchin. but still the president not backing away from his repeated criticism of the u.s. central bank. the federal reserve, our ultimate flow, which has raised interest rates yet again. four times this year. here's the president. >> they are raising interest rates to pass, that is my opinion. but i should have confidence. but i think that it will straighten. the fact is that the economy is doing so well that they raise interest rates, and this is as a former safety, no way. >> in the meantime the report suggest consumer confidence delhi despite the market jitters, learning about holiday sales increased at the best pace in six years, mastercard as consumers spend $850 million this holiday season, that is fantastic. and on and -- the fox business ,

reminding americans and to the market of the positive signs in the economy, watch. >> markets are very much focused on the downside risk for next year. but i would like to say that everything we are seeing suggest that there is a lot of upside risks that markets focus on too. we have 47 saves with unemployment below 5%, 32 states with unemployment below 4%, the economy is doing great. that is showing up in the christmas sales with that will be the best that we have ever seen. >> that is fantastic that people are feeling more confident, they are buying more. there are more people employed. other than some of the markets, that is good news. >> wright, the fact is that the economy is very strong. we are seeing unemployment rates that we have not seen in decades, the degree of the market plunge has everybody rattled not just here in new york, and a couple of missteps. i think that one is when the president leak stories first by bloomberg, the president was looking could he fire jerome

powell. and probably he cannot. but secondly, it made perfect sense for steve mnuchin, the treasury secretary to check in with banks, but to announce that you are doing that made everybody say, is there a liquidity problem, so those were the starter steps, but i think that the market to decline even though we have a small recovery today is adding to this sense in washington, i can tell you coming up from there, of things kind of spinning out of control. and it forms the backdrop of all of the things that we are talking about including government shutdown. >> let's talk about that a little bit, because the president's right to focus his criticism there. why do we have the fed and the first place? why do we have a consortium of international bankers, and international banking that hurts americans and creates booms and busts and bubbles all over the place and keeping these rates unnaturally low for so long has really driven a wedge and created some of the bubbles on wall street. also, you have the unwinding of

assets on the fed balance sheet, how is that affecting? >> i love it when you go full libertarian on us. as much as i love how we come i have to disagree with him on this. i think we have worked with the treasury for quite a fact that i was in saudi arabia, every action that the fed took, i kept explaining that the treasury is independent, listen what is happening in the market would be happening no matter who was president, because you have $3 trillion pumped into the economy what kennedy was just talking about and what you're seeing now is that the market has been on a sugar high for probably ten years, the combination and unprecedented of lower rates, jerome powell was critical as fed chair, so you are actually seeing mr. powell is trying to be responsible and saying we cannot continue on the sugar high of cheap money that the market has been feeding itself offer ten years, we cannot keep this unprecedented low rate, and that is making

this incredibly bumpy for the market. reacting to the fact that they called bankers, but calling the head of banks all the time, that is terrifically within the mandate, and not reacting to the phone calls, but the fact that they have been reiterated by the treasury secretary that they will not get cheap money and that there are rate rises. they are saying that the economy can withstand this. but maybe perhaps it was a communications error, but no matter who is president because of the fed for the past ten years, that's why we will have a bumpy market. >> i was not saying that the trump administration is responsible for the plunge in the market. >> a lot of people are. >> presidents get too much credit when there is a bull market and too much blame when it goes south. to speak of has enjoyed taking credit for the market doing well, and i admire the president coming out and saying, yes, it is not been doing great, not necessarily taking the blame like he did the credit when thes doing strongly, but again, what goes up, must come down.

it is not a surprise at the market is correcting itself. it just wants to be a housing correction as well. that is very much a part of all of this. if you look at the housing market, that is a huge impact on wall street. >> what does it say about the economy in the coming years? because we have been unable run for the better part of a decade. >> hopefully it continues, the expansion and the lowering of the unemployment rates since president obama came into office, and we hope that we continue moving on the track and that jerome powell knows what he is doing, he says that he is open to a conversation about interest rates going forward, he is not saying that this is exactly what i will do an quarterly no what you say, it seems to be a responsible person here. i happen to take maybe the more liberal position on what steve mnuchin did, and think that that was a mistake and certainly put out a press release. but that's something that no one was talking about. i'm glad to see a little bit of a rebound and to the consumer

confidence, $850 million spent is incredible. kevin hassett who i had not seen before do you wonder why they do not put out to people more often who are good communicators. representing the administration very well and was very clear with the policies and giving americans the cash in the park at that they can go out and shop. we have talking a number of times on the couch and on your show as well about how the administration needs good communicators out in front of what is going on there when you have an administration stock of people not from a political background or communications background, but good ones that you have have them out there all the time. and they get rid of the bad ones that go into trouble all the time. >> i want to ask about this, because just because absolutely right, they are positive thing still happening with the econom economy. and that dow has a pretty substantial drop, just about 25% since september. and still the other areas when you talk about gdp growth,

confidence, and unemployment rates, and are we on sound economic footing and are those the things that the administration should be focused on and telling the american people about? >> why not get the message out there, they have it out there quite a bit talking about the fundamentals of the economy, i agree on kevin hassett, he has been an excellent communicator for this in this administration paired what will happen is that we have a deadline on march 1st, and that's whenever there is a created deadline, but that is the deadline for negotiations with china, with president xi. over the tariff dispute that we are in. and we have two parts of the administration that will be in conflict. that is not a bad thing, but you have the economic people in the finance side of the house and then you have the national security people, people like peter navarro, people in the national security world who do not want the president to make a deal. i am one of the few people that bridge both, because i have been in both finance and defense, and i understand some of the market perspective of why they won't want to deal with a market that

we have. >> i want to push back a little bit there, because you cannot have economic isolation to be the one who are dictating national security, it is a recipe for disaster, and it is the same thing that you would not want to -- >> are you talking about navarro? >> you would not want your comments secretary to tell defense how to do its job. >> i disagree, you have to -- >> i hope that the free market is here, and i hope their voice is completed. >> this is a financial and an international security discussion. this is not just a trade discussion. they have negotiated in a silent and this is not negotiating a silo. give us another hour so that we can debate this paper >> we will take it. nancy pelosi accusing the president of using scare tactics, and mocking his latest plan for border security, former acting ice director thomas tillman had a few things to say about that. we will show you the back and

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♪ >> u.s. customs and border protection or during medical checks of every child currently in the test at custody after a guatemalan boy dies at a new mexico hospital. thus i can migrate child death in u.s. custody just this month. live in the l.a. newsroom with

the story. hello, william. >> the death is one more example of how a system that was about 40 years ago temporary holding cells on the border is no longer working as thousands of asylum seeking central american families called the courts, detention centers and shelters. to the border patrol apprehends within 2100 immigrants a day. a 60 percent of those are women, children, families crossing in large groups like this waiting to be arrested. agent say that they are overwhelmed, undermanned, and underequipped to comply with the decisions and rules laid down by the courts and congress. >> what we are seeing with these flows, huge numbers of families with lots of children, young children as well as unaccompanied minors coming into custody after crossing the border unlawfully that they are not built for that group. >> i want to point out how we improve conditions at border patrol stations amongst the

workforce that they can respond to kids in crisis. >> so here is the timeline provided to us by the agency, agencies apprehended felipe alonzo-gomez's father south of el paso december 18th, 2 days later they are transferred to the el paso station, december 23rd, because of overcrowding they are transferred to a small station in alamogordo, new mexico. christmas eve, and agent notice that the boy looked sick, took him to a hospital, admitted at 9:30 in the morning, tested negative for strep throat. but with the temperature at 103, he was given an antibiotic, ibuprofen and released at 2:50 in the afternoon. they took a look at the boy and his father and took them to a highway checkpoint, holding cell where four hours later at the trial began vomiting. they returned to the hospital at 11:00 p.m., he lost consciousness, pronounced dead just shy of midnight, the champion regional medical center will not comment on their decision to discharge. the conference call today, they

say that the pair received regular meals and dozens of personal checks inside their holding cell. they say that dozens of migrants are going to hospitals right now daily, and they have asked the cdc to investigate the symptoms that are being presented. the blame game has artie started of course, julie, already the agency is taking fire from congress. even though dhs earlier just this month asked for more shelter space, more money and more help closing the asylum loophole, because so many people are crossing the border as families, asking for medical care, they just don't have the emts if you will spread across the border, but they said that they made the decision and did not want to second-guess what the doctor said in terms of discharge, but right now as you mention, they are doing a medical screening of anyone under age ten and the system. julie. >> william la jeunesse in los angeles, thank you. meanwhile president trump talking about is details for border security, suggesting that fixing the existing barrier that

is already in place at the southern border would count towards his campaign promise of building a wall. >> we have renovated massive amounts of very good wall. while that was good, but was in bad shape. and you do not have to replace it, but you have to renovate it. and we have renovated a massive amount of wall, and in addition to that and very, very importantly we have built a lot of new wall. >> president trump adding that he plans on having the entire wall completed by election day in 2020. >> yesterday i gave at 115 miles worth of wall. 115 miles in texas. and it is going to be built hopefully rapidly. i'm going there at the end of january. for the start of construction. that is a big stretch. it is all being built, the new piece, the new section is very, very exciting. what is going on there. and you will see it. because in january i'm going there. we are having a groundbreaking. >> and on capitol hill, how

democratic leader nancy pelosi is accusing the president of using fear to rally support for border wall funding. and she is mocking the president's latest position on border security saying "first of all, the fact that he says we are going to build a wall was cement in mexico is going to pay for it, while coming has already backed off the cement, now down to a beaded curtain or something, i'm not sure where he is." that was kind of funding, how we, to say. but if the president actually gets the wall, fence, high structure built by 2020, doesn't he have a massive tail winds going in if he actually has a built? >> it all depends on the meaning of all, we are seeing a lot of semantic games being played. he said it's all being built, why are we going to the government shutdown? what the president is doing, i believe is laying the groundwork for saying we refurbish some of the wall coming in here we have the steel slats, and that is fine, that is politics. and of course the democrats will come back and say that is not what you promised but whether or

not he builds a 30-foot wall across the entire border or just speeds beefed up security, the question is is that enough to satisfy the base because he says mexico is arty paying because of the trade deal. and they will try to hold him accountable, so a lot of this is coming, i mean, border security immigration is really, really important issue. i know a lot of this comes down to semantics. >> so two things that we heard most during the 2016 campaign were building the wall and lock her up what they were saying about hillary, those are the two things in the memory. >> so if he does build the wall, isn't this about democrats just taking that talking point away from him going into 2020 so that he cannot say see, i built the wall? >> i hate to be a debbie downer, but to let me make predictions, i'm going to make a 2020 prediction, the wall is never going up, mark my words, there will not be the money, the

$5.7 billion, even if it is past, that is a penny compared to what the ultimate cost would be, not to mention the logistics, it would cost over $20 billion to put up a wall, there are thousands of miles, which is ruled by eminent domain, 30 cases going on since the obama administration, they wanted to do this too, but the courts are working against farmers who will not give up their land, it will cost them $20 million to get the land alone, i do not care if you call it a flat, a fence, a wall, it is not happening. >> just for jessica, we have a sound bite of nancy pelosi talking about the scare tactics. nancy, are you there. >> she is 100% wrong, so educating miss pelosi as far as crime coming across the border, ice arrested 138 criminals last year. these are people entering the country illegally, over 2,000 homicides, over 11,000 weapons

violations. over 11,000, almost 12,000 sexual assault crimes. and ms-13 members of 133%, and it's almost up 200%, there is your data, look at it. you can see why we need a wall. >> so i tease you and i promise nancy pelosi, but that was actually thomas responding to her on the scare tactics, do you agree with what he said they are? >> no. i do not agree overall with what he said there, but he is using numbers, which i am always a fan of doing, i think that we be a lot better off if people would use numbers when they are making their cases. the issue right now for people advocating a position in the president advocating that you have another child who has died and cpp custody. they were in there for 130 hours which is almost double the amount of time that there is legally mandated to be in custody and that is what people are focused on, when people went out and they voted in the 2018 midterm, they were more concerned about kids in cages than they were about building the wall. and we talked a number of times

about how the wall is one piece of border security, and i think that's where the democrats can actually come out on top, because if you are willing to give yes for some fencing which a number of democrats have voted for in the past, but to make it clear that we are not a country that builds a cement wall to block out people who are coming here for a better life and fleeing from dangerous conditions at home whether that is what is happening in their own home, gang violence, or government that is built to hurt them, and against them, that is not going to be a winning argument for president trump in 2020. i agree with julie, i do not think that the wall will get built, and i do not know if it is the hill to diane when you are building a collision, your bay supporters, but you need the ten or 15 percent on top of it who do not go home at night thinking about the wall. >> they got him office for that wall, they want the wall. >> they do, and democrats wanted the wall in 2006 and they put up a bunch of money for it. >> yes, there was a really good

point on my show, where did that money go, where did the $46 billion that was allotted in 2006 though? >> i went to a giant cycle, so we need to unselect the money and do something -- >> it sound so evil. >> but you talk about people wanting to come here, good people who want a better life. they have no idea what they are going to interface with because the system is so screwed up. and democrats have the opportunity when they had both houses and the presidency to fix immigration, they did not take it. republicans were not going to take it up, they cannot tackle health care which they had promised. so both parties fail utterly, they left fighting about it. but -- it is the people who are coming over in these poor children who are caught in the cross hairs, and we have to talk about that. you also have to talk about parental responsibility, and if you have a sick kid, do not go on a 1,000-mile journey, that is so incredibly irresponsible and dangerous, and we have to know

what these children were sick with and in the first place, and make sure that they did not infect other kids. >> the death is unknown at this point, and god only knows. >> authorities are saying that more and more unaccompanied children are coming to the border and we can all agree that that is a tragedy that needs to be prevented, but we have to go. president trump has a warning for democrats as they prepare to take over the house. he is saying aggressive attempts of oversight to put on presidential harassment of whether he has a point or if this comes with the job paired we will debate next. ♪ >> there is been absolutely no collusion, but a lot of collusion by the democrats with russia and a lot of other people that maybe they should not have been dealing with. including very dishonest people. ♪ your typical bank. capital one is anything but typical. that's why we designed capital one cafes. you can get savings and checking accounts with no fees or minimums. and one of america's best savings rates.

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no matter who you are or where you're from. for a better us, donate to your local y today. ♪ >> well done, it is probably presidential harassment. we know how to handle that. i handled it better than anybody. no collusion, after two years, no collusion. there has been collusion, but it has been by the democrats, but no collusion. and you are talking about to millions and millions and millions of dollars of wasted money. >> that was president trump in the oval office christmas day. that holiday spirit. warning house to democrats at any investigation into his administration could lead to "presidential harassment." also denying that there was any collusion between his campaign and the russians.

and as a sign of things to come, this weekend, the incoming chairman of the house intelligence committee says that democrats will subpoena robert mueller's final report. as president trump tries to invoke executive privilege to keep it secret. >> i'm prepared to make sure that we do whatever possible to make sure that the public has advantages of as much information as they can. >> that sounds like a "yes." >> it is a "yes" from my point of view. >> it is not a surprise from adam schiff hearing that they will take the final report. >> it is coming out whether or not -- >> he will leak it. >> welcome to the nfl, when the opposition party controls one chamber of congress, republicans hold 1 million hearings on the obama administration. but there is a line. the president is talking about harassment, the democrats have not taken over, if there was a constant blizzard of subpoenas and hearings on every imaginable thing under the sun, the democrats could play political

price because they gave them a divided government and they have to not just investigate, but that is part of the job, but also passing legislation, and compromise with republicans and so forth, it is a card that the president has played when it comes to mueller investigation and what was supporters, but some aggressiveness from the democratic house chairman committee, that's how washington works. >> none of us can disagree with this, republicans have their way with being in charge with the committee and rejected countless subpoenas from democrats saying, no, no, no. and now we have it back for if the president is amber any real trouble? >> the president has been in trouble. i think that it will get worse. a lot of people have been unfair to the present and whether you agree or disagree with him. everybody find something to disagree with him on. but once january rolls around and to the democrats take control, i doubt that the media is going to actually pay any attention to the unfair treatment if he does actually

endure harassment, it might be -- >> he is pretty good at pushing back and using the media to make the point. >> but the media is not going to be making the point. >> but he is getting out of the hearing. >> unless he wants it fought, which we think that he does. but i do not think that anybody will take responsibility for being one-sided in all of this. but he is at a huge disadvantage more than any republican in the white house with a democratic house. in history, i would say. >> so bringing up that you have a legislative and investigative point. where do you see any chance of compromise or some legislation that democrats would be interested in that republicans can say, well, we need a few witnesses. >> that is a really good point, criminal justice reform was fantastic. >> i wish that more people would still be talking about that, because these are a critical issue to the health of the country, particularly in certain communities. and it is difficult, the first step back, and it is a wonderful place to start. i think that if they took that ability to reach a bipartisan

consensus, they should do the same thing. we have to go there. and if there is one party in control of the house, senate, and the presidency, they do not tackle entitlement, they just want to spend, spend, spend. that is both parties. but now maybe they can have a mature conversation and scale back some of this. because that is the biggest driver that we have. >> it absolutely is coming up all right -- paul ryan lamented that he could not get it done. >> amen, paul rhino. >> i do not foresee democrats and republicans being able to agree, everybody talked about the deficit, and when people have something it is hard to take it away from them. but do you see any positivity coming out of this? >> no, not at all. and if you think about the 2012 election going into that, we had the republicans in control and had the benghazi hearings. and i have to say that the

republican party really went after the obama administration on that. you had hillary that had to come testify. and guess who got reelected in 2012, it was president barack obama. against mitt romney, as much as i would've liked that. so if there is a part of constitution, as how you pointed out, they have oversight, they cannot overplay their hands, the republicans did that in 2012 whd to the reelection of barack obama, and if their base once blood, and they won an impeachment, they want to impeach the president and judge kavanaugh and all of these things, you were left him in 2020. >> look at that great transition. new attention as democrats are getting stronger, start up strains showing. bernie sanders facing competition. he and his supporters are going after a fellow progressive, how this will impact to the primaries, we will debate it next. ♪

>> happy boxing day, the battle for the 2020 presidential nomination is taking shape. yes, vermont senator bernie sanders was the choice of much of the parties progressive base in 2016. but he lost the nomination, thanks, debbie, this time sanders will not be the only option for progressive voters, also reportedly considering 2020 runs, and now reports that sanders supporters have launched an effort to undercut beto o'rourke who is also mulling a run for the oval office. of those, bernie sanders, they are passionate fighters, jessica. are they playing dirty here with beto o'rourke? >> they are and they did in 2015 with hillary as well. it's interesting to see help bernie sanders reacts to with a

bunch of people with his name platform, that is when part of the shift because of his influence in 2016 pushing people further to the left. but i would encourage everyone to retain amazing "new york times" piece on the importance of the black vote in 2020, and specifically black women. they have been driving the pro-democratic election results. >> they overwhelmingly are going for kamala harris. >> they are indeed, 70 percent in the early polling or backing her as our presidential candidate, and we will see how that all plays out. but you have to be very careful especially with the progressives who have been accused of only showing up in black communities when it is election day or the day before election day that you actually make a commitment to this community that is the most reliable democratic voting bloc block. >> and some of the high-profile races, they are really taking a large chunk of voters for granted. and that is wrong, but will the left get it right when it comes to nominating a candidate who

can be president trump? >> it remains to be seen, we have 40 people running for office. >> is that good for the president. >> her president trump? i think so, he does not even need to, he has already taken out elizabeth warren, it was a self-inflicted wound, but i think it will be hard for her to get serious after how she tried to cover it up, how she tried to recast the story, he did not go well for her. and i think that if you look into where is the energy, it is clearly in the liberal part of the debate, so how does somebody who is electable like joe biden get through, i don't know. >> take it home. >> bernie sanders did stunningly well in 2016 because he was the alternative for all democrats who were uncomfortable with hillary. but not only a white male, he will be pushing his late 70s. and today are reportedly mulling running. >> still doing quite well in iowa among progressives they are. >> yes a big organization, but they are 170 people who want to

beat him, and the idea that they are worrying about vito royko could not win the senate race and try to undermine him at this stage is that they have to get more confident about that. it might be that 2016 was bernie's year and they cannot get it done. >> >> 2016 might've been joe biden's moment, but president obama certainly pulled that rug out from underneath him. so i think that they had a conversation where he was grading obviously the packing of a son, and made what he thought was the right decision for his family at that moment, 2020 could be a lot different for them, but it will be interesting to see that the dnc has released to the debate schedule. >> we have to go, but more "outnumbered" in just a moment. to stay here. ♪ then let's not create a retirement plan. let's create a plan for what's next. i like that. get a plan that's right for you. td ameritrade. ♪

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and then, more jobs robegan to appear.. what started with one job spread all around. because each job in energy creates many more in this town. >> thanks so much to howie kurtz, great job. really, buttoning up this boxing day. and yours, morgan, you're going to be a -- >> mary, happy. >> anti-u.s. well, jessica

tarlov. we are going to be right here, add to noon eastern, back on the carpet couch, for here is julie banderas in for harris on "outnumbered overtime." >> julie: we begin with the fox news alert, standing firm on the wall, day five of a government shutdown, let's go out to be 21, i am julie banderas and for harris faulkner today. no end in sight for the shutdown, not down, but the sticking point the border wall as he warns democrats that he will find, not sign a sending bill unless there is funding for it. >> i cannot tell you whether the government is going to be open, and can tell you will not be open until we have a wall, a fence, whatever they would like to call it. i will call it whatever they want. while we are fighting over funding, we are also building. and it is my hope to have this done and completed, all 500-550 miles to have it either