"america's newsroom." do have resolutions for 2019 or are you winging it? what do you think? bh you know what? stay happy. be happy everybody. thanks for joining us. "outnumbered" starts now. >> melissa: fox news alert, a big news in washington as a divided congress is sworn in with both parties still dug in after a government shutdown which is now in its 13th day, just in case you're counting at home. this is "outnumbered," i'm melissa francis. here today is harris faulkner, lisa boothe, radio host and fox news contributor leslie marshall, and joining us on the couch, the opinion editor for the times and fox news contributor, charlie hurt. >> happy new year to everybody! you got some red sox going. happy new year to you! >> harris: are those candy canes? >> charlie: they are christmas socks. >> leslie: we coordinated

colors. >> harris: i like what somebody hangs onto the season. >> melissa: right now we are watching here as folks are coming into the senate floor. this, as we are getting ready to see the swearing in of the 116th congress. >> harris: yes, they are walking into the house of representatives, they are. they are pretty much on time. this could take a while. several hundred people. we will be all over it. some of the names that we know are going to be considered that are big names, we will take you there lives. it is a look. they did it, melissa. that the put the picture up. i like to watch this happen. i'm a huge fan girl. i like stuff that is in uninterrupted happen on capitol hill. these are elected officials and they work for us. >> melissa: the house and the senate are coming into session as president trump, for the first time, will confront a divided congress. nancy pelosi is expected to become speaker for the second time. both sides not budging after yesterday's summit at the white house. democrats going to quickly introduce a measure aimed at --

that's her right there in the pink, you can't miss her. they are aimed at ending the shut down. a measure aimed at ending the shut down. minus the $5 billion that the president wants for his border wall. the president was invited. he has invited congressional leaders to the white house tomorrow to plan -- to try again. the g.o.p. leaders say the president is willing to make a deal, but the democrats refused to negotiate. >> i think, at the end of the day, the president -- listening to him, he wants to solve this, as well. that's why he asked us to come back friday after the leadership races. the president and vice president stayed here over the christmas holidays and there was absolutely no negotiation from the other side. they want to keep delaying and have a government shutdown while president trump has said he wants to secure the border. >> melissa: so much for fresh starts. they counter that the president has refused to fix and reopen the government, and deal with border security at a later date. >> at our last meeting, the

president said "i am going to shut the government down." they are now feeling the heat. it is not helping the president. it is not helping the republicans to be the owners of this shutdown. today we give them an opportunity to get out of that. >> reporter: asking the president to open up the government we are giving him a republican pass to do that. why would he not do it? >> melissa: indeed, we have more from capitol hill. doug? >> to answer nancy pelosi's questions there, it's a very good reason the president won't do it. he is fully aware that it's one of his biggest, if not arguably the biggest, campaign promise he made. he is fully aware at the same time of the littered landscape of political carcasses of politicians who did not keep their promises like that. the president wants to keep that promise, and democrats want to make him break it. that said, the white house

believes it is the one party in this negotiation which has been compromising. that hasn't changed since before christmas eve when mike pence came up here and offered chuck schumer a cut in the administration's request for a border wall funding from $5 billion to just over $2 billion. schumer said no deal then. there is evidence then -- as there is today -- that it was not schumer but nancy pelosi was calling the shots, and here is wide. she can only afford to lose 22 votes in her bid to become speaker, which will happen in a little while from now. we believe she will lose anywhere from 16 to 17, perhaps fewer. she doesn't want to take any chance of losing more by alienating the left. a new crop of democratic socialists who may not vote for her for speaker if she shows the slightest sign on, rising with the president on border wall funding. instead, they are offering a new deal to end the partial government shutdown. >> there is a way to do this, and the president can do it immediately. we offered it to him yesterday, to take the republican-passed

spending bills for eight different federal agencies and departments and to enact them today. that would be the end of the shutdown. and he said no. >> mitch mcconnell said no, too, reminding the democrats of who controls the senate. >> let me make it perfectly clear one more time. as i've said consistently for the last two weeks, the senate will not waste its time considering a democratic bill which cannot pass this chamber, and which the president will not sign. >> there is some suggestion that pelosi may be more amenable to some negotiation on border wall funding once she secures the speakership, which we expect to happen anytime this afternoon. and then secures her left -- there's an explosion or a theory at work here that she doesn't want to pause in the water by work with the president in any respect involving border wall funding. we will see how it plays out, and it will play out this afternoon and in the days to come. >> melissa: will be watching.

doug mckelway, thank you very much for that. i will bring it out to the couch. charlie, this strikes me as one of the most intellectually dishonest arguments ever. really, when you break it down, the two sides or kind of talking about the same thing. earlier, somebody was saying "if we can come up with a euphemism that meant wall, or meant to border security," because they're stocking about the steel slats, the drones. if we would come up with some more that trump could point to and say "that is wall." and the democrats could point to and say "that's not wall." they could probably end the fight. >> charlie: the biggest hangup isn't the one over wall versus less. the word that is the big hang up here is donald trump. that's why nancy pelosi cannot be seen reaching some sort of deal with him. we've got a new congress here. by the way, if you like chaotic

politics, buckle up -- it's going to be a fun two years. the fact that she is resuming, going to be resuming the chair here probably this week, that's a testament to her own wiley intelligence behind the scenes in a place like the house of representatives. in years past, she has set opposition from conservatives and her party. now she has opposition from both sides of her party. mostly from liberals. the liberals, their flank of the party will not abide her negotiating or making any kind of deal with donald trump. that's going to hurt democrats in the long run. >> melissa: homeland security secretary kirstjen nielsen tweeting this about the meeting earlier -- "i'm disappointed that the dems did not want to hear from dhs about the security anti-mentoring crisis we are facing at the border. they didn't want to hear about criminal aliens, drugs, smugglers, abused children, violent caravans trying to reach

the border wall." harris? >> harris: who watch the q&a session at the cabinet meeting play out, we know that secretary nielsen took the floor in the meeting via video link in the white house yesterday. she had a lot to say. this is really at the center of all of it. we can talk about partial government shutdown and who gets blamed and all of that, but this issue doesn't go away. there are still millions of people in this country who are here illegally. there are still the dreamers who are wondering what's going to happen. the really sad part about all of this is that these lawmakers in total don't seem to want to solve those problems. for the president has done is put his foot on the gas and say "i really want you guys to do with your job." that's what he's doing. he will retain some public support, i think, throughout all this. he may want to get those six separation bills passed, though. because that funds about 90% of the government. take some of the area. see that in my ear one more time. >> melissa: we are watching as they swear in those senators, and they will do it four at a time. four more, four more.

this is of the 115th congress goes out, and this is the 116th beginning their turn. they're swearing in. that's obviously vice president mike pence, they are performing part of the duty. when you see something like this, you hope for folks to work together. to harris 'point, nobody has solved the immigration break down. everybody is to blame. the system is a mess. why can't these people on both sides do a job? >> lisa: i think there's a lot of disagreement. within the republican party how to get it done, i think there's disagreement in the democratic party of how to get it done. i think when you have your own party that is divided on the issue of immigration, how do you then come together and solve the problem? i think that is the bigger issue, here. as they are watching the senators now, part of what is going on with the dealmaking and figuring out how to keep the government open is also leverage. and who is going to have the control over the next two years. that's also why republicans in

the senate and president trump don't want to take a bad deal for nancy pelosi. you don't want nancy pelosi and democrats setting it up where they control the terms of the next two years. >> harris: i just wanted to make a point -- we have seen a lot of women enter on both sides of the political aisle. the political process. what you are watching right there is now-senator marsha blackburn from tennessee. i want to take a pause for just a second, because those women potentially can change some of the conversations going on on capitol hill. we saw a fund that was shut down last session, a bipartisan effort of women on the hill to shut that down. women being paid to be quiet. that's what some of the money went to. with taxpayer money, after -- #metoo moments on the hill. now you see more women running for office. marsha blackburn, now. a senator. you got kyrsten sinema coming in from arizona, martha mcsally, even though they ran against each other. both of them. one of them was appointed, martha mcsally, coming in.

we see the faces we are familiar with, toggling back to that. i wanted to point that out. >> melissa: leslie, let me ask you -- it has been a feeling of both sides of the aisle to get s done. i think charlie is right in the sense that there is so much politically at stake. you don't want to give donald trump a win, you don't want to be seen as -- the one thing we saw work with criminal justice reform, and it seems like some have suggested maybe there could be ruling by coalition rather than by party. can you get coalitions together who want things, and can kind of horse trade for that? is there a possibility for that on immigration? >> leslie: i'm not sure. immigration i think is an area where democrats can win. this is why. even though you have a republican majority in the senate, even though you can't get it to his desk and he won't sign it, if they can address comprehensive immigration reform -- or member, we are talking about daca. the dreamers.

as harris rightly mentioned, we are talking about millions of people in this country who are in limbo illegally. we are talking about security and border security, and what that looks like going forward. we're also talking about, on the state level -- like a state i live in, california -- security, legislation. if the democrats can work together, and i am confused by some of the division already. have we learned our lesson in 2016? when you look at some of the division, it's already having prayed when you have people like alexandria ocasio-cortez saying "i'm not going to vote for this that pelosi is putting out." >> harris: had she also thinks she can subpoena people." [laughter] >> leslie: she needs to sit back, she is new. watch a little bit how it's don done. i think immigration is an area where democrats will shine. if they can put forth something, even if the senate and the president object. >> harris: can i ask you a question, melissa, about the

word? isn't it interesting that it works for both parties? elizabeth warren -- "we will not build your stupid wall!" and i'm quoting. nancy pelosi -- "no money for the wall!" it's interesting that it works for both parties in terms of galvanizing the space. >> melissa: in marketing. but at some point it has to be not about marketing and about actual government. i think we are all impacted by various parts of our immigration system having broken down. charlie, when that we haven't talked about yet is the fact that we are almost out of workers in this country at this point. legal workers. you see the unappointment rate has dropped so low, we need agricultural workers. we need a day worker program. that's one of the elements that you were hinting at. that there are just a lot of different things that need to be sorted out. everybody wants it fixed. maybe we disagree on the solution, but one of the things things -- >> harris: we were talking about the swearing ends, excuse me.

i'm watching now, that is senator feinstein. of course, charlie, we watched her this summer with the brett kavanaugh confirmation hearings as she brought forth -- >> charlie: there's ted cruz's a beard. [laughter] >> melissa: i didn't even recognize him! >> harris: and the woman who had accusations against brett kavanaugh and became a symbol in the battle of what happens when people are thirsty for more evidence than what you are giving them. it was interesting, now she has been -- >> charlie: going back to the whole thing about immigration, one of the biggest problems democrats have is you have a number of people within the caucus who are talking about supporting sanctuary cities, talking about a pulsing ice. which did not help the democratic message being serious about doing something by the border. the current thing that you hear from a lot of mainstream democrats today is that there isn't a crisis on the border. i think, in the long run,

donald trump wins that big picture argument. even if you don't agree with his wall, you agree with the idea that there needs to be a solution to a real problem at the border. that you can see images on tv every day that clearly point out that there is a problem. earlier we were talking about -- this is a problem. everybody deserves blame for this. republicans have absolutely -- i would say a little bit less, but republicans are to blame for the problem. democrats are definitely to blame for the problem. the reason we are in these shocking times as a donald trump got elected running on this issue of immigration. he did something that no other politician seems to do in recent times, and that is actually meaning what he ran a campaign on. he actually wants to do something to fix the problem. >> leslie: but if you want to do something to fill a campaign promise, or does he want to something to truly improve border security? >> lisa: can we also just admit that both parties have supported a wall, in essence? both parties have supported a

physical barrier along the southern border. >> harris: it's true. >> lisa: of a government has shut down on an issue that they essentially both support. >> harris: and over words. >> lisa: "the new york times" even admitted last year that this concept works. they admitted it, in san diego. the fencing there. the illegality there is 5% of what it once was. clearly, this works. think about it -- if you're walking some places, there's a physical structure you can't pass through, you're going to go someplace else. it works at the southern border. the problem with trying to do a markup or heads of immigration reform, as you mention, leslie -- border security, and preventing further illegality, is the preeminent issue. the big thing is that you need to deincentivize individuals wanting to make that journey and trying to legally enter the united states. nothing else matters. the >> leslie: but it isn't the barrier that brings them or stops them. former governor rick perry said it in the border state of texas -- they are going to go

over it, under it, they are going to go around it. one of the problems that we have in my state, aggressing after coquetry -- one of the problems we have in the state i live, california, you have corporations hiring these individuals. if you dangle the carrot of opportunity, what we have seen over a decade is to be seen a reduction in border crossings. we seen a reduction of people who come here illegally. why? for a while, the economy is going down. there are job opportunities that aren't there. that's what many of them come for. >> melissa: you are absolutely right about that. the solution to that is e-verified. if you have to address the behavior by the corporations, that's the way to do it. that is finding people who are hiring illegal aliens -- go ahead, harris. >> harris: we are going to slide in with the latest now from the senate floor. you see chuck schumer there, too. apparently he's going to -- not

apparently -- he is going to stand up every time a new group comes. we will see if we see this each time. let's watch and listen. >> do you solemnly swear that you will support and defend the constitution of the united states against all enemies, foreign and domestic? you will bear true faith and allegiance to the same? that you take this obligation freely without any mental reservation or purpose of evasion? and that you will well and faithfully discharge the duties of the office upon which you are about to enter, so help you god? >> i do. >> i do. >> vice president pence: congratulations, senators. [applause] >> harris: what we have just seen there is one of the swearing's. we wanted you to see what happens on the senate floor. these are the people who work for us. you see the senator from hawaii, you've seen her go toe-to-toe with the president of the issues that are come up since

september, cavanaugh and other things. amy klobuchar of minnesota is there, as well. the senate filling up with our newly elected leaders taking the oath. this is such an important part of our democracy that we don't often lean in on, i feel like, melissa. i love to see the actual method of hiring people. because that's what's happening right now. they are signing the contract. they are saying they are on board, and the nation has hired them. angus king, an independent from maine. there is amy klobuchar of minnesota. is this process goes, they been doing it, as you mention, in groups of four. handfuls of people in time. we have an opportunity to listen and get a peek at our democracy at work in the senate. we will bring you that life. >> melissa: as they sit there signing their names, that they remember they are supposed to be working and not obstructing. i say that in equal measure for every single one of them. it also reminds you that --

okay, if you are signing on the dotted line there, you just got elected. this is your best opportunity to do something as opposed to running for reelection. you are the furthest right now that you will be in your entire term from needing to be reelected. if you compromise now, you have your best chance of "getting away with it" if you think you will be punished for it. which i happen to think you won't. >> harris: as we do slide in -- remember, i mentioned two of the women upcoming. senator elects now from arizona. one of them is here, she was appointed recently for the exit of jon kyl who took over john mccain's seat temporary. martha mcsally is in this group. you see joe manchin. we will watch and listen and go to commercial break, then come right back. watch. >> vice president pence: do you take this obligation freely without any mental reservation or purpose of evasion, that you will well and faithfully discharge the duties of the

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>> melissa: we continue to watch the swearing in of the 116th congress right now, and just a few minutes ago we saw senator met romney being sworn in. here it is right here. vice is mack for purpose of evasion, and that will well -- >> melissa: that's bernie sanders, of course. >> vice president pence: -- so help you god? >> i do. >> vice president pence: congratulations, senator . >> melissa: bc these folks together. charlie, let me ask you -- mitt romney is sticking out some interesting territory here. he wrote the op-ed in "the washington post" reasoning, saying the president has not "risen to the mantle of the office of president." he got the president's endorsement. he's obviously carving out a brand for himself here. is it more in the shape of a flake? that's going to really fly in the face of of the president is doing it all the time? or someone like lindsey graham, who ran against him, who stands up against him at time, but at times is laughing and joking on

his side and appreciates the moves while the humanly disagreeing with some of it, like leaving syria? >> charlie: you know, who else failed to rise to the mental the dash mitt romney. >> melissa: we have elizabeth warren coming up, too. i didn't mean to interrupt you, sorry. >> charlie: we are reminded -- >> harris: with listen. >> vice president pence: do you bear true faith and allegiance to the same? that you take this obligation freely, without any mental reservation or purpose of evasion, and that you will well and faithfully discharge the duties of the office of which you are about to enter, so help you god? >> i do. [applause] >> harris: let's not miss the obvious, here. elizabeth warren. [laughter] i mean, i don't know if you follow the president on

instagram, but just take a look at his last posting. 2020, but it's a fraction. it's 1/2020. it's interesting. that's of course alluding to the dna test where she is found to be a fraction of -- >> charlie: she is still more president than she is american indian. >> harris: wow, charlie hurt. i point this out because this is the type of thing where you go in, whether you are in public or democrat, you go in and fisticuffs with the president verbally. this is what everybody notices. she is on record, she's got her exploratory committee out. mitt romney, i argue, is exploring in some ways, too. he did some exploring yesterday of what's possible. >> charlie: he is desperate for relevance. obviously, he ran for president in 2012. a year that should have been an easy win for republicans. he lost, he failed miserably.

>> harris: that's some shade. >> charlie: he ran a terrible campaign and was a terrible candidate. he was a guy who was dashed when he was running for governor of massachusetts, he claimed to be more enthusiastic supporter of abortion than ted kennedy, and then changed his mind when the situation changed. he is a typical politician. you can believe anything he say says. obviously, he's looking for relevancy. he gets into bed with "the washington post," and he writes a thing about donald trump, reminding everybody why he lost the election. you know, if you really don't like donald trump, then you should hate mitt romney. because the three people who paved the way for donald trump are mitt romney, barack obama, and hillary clinton. if it hadn't been for the three of them, we probably wouldn't have had a guy like donald trum donald trump. >> we've got to fact-check. >> leslie: when he was

governor of massachusetts, pro-choice -- reading my notes now. he doesn't want to be senator of utah, he wants to be president. but here's the thing. remember, he came out vehemently opposed to trump. but then sat down with his tongue wagging when he thought he was going to be -- >> charlie: when he got endorsed. >> leslie: when he thought he would be secretary of state. all of a sudden he's like "i like you know!" >> melissa: nope, now i hate you. >> leslie: i don't know if you will fall in line with the rest of the republicans, especially when he's like "i created obamacare." and then has to vote to destroy it. >> lisa: mitt romney, hillary clinton, and elizabeth warren are all the same person. they are inauthentic, they are not likable, and they are not relatable. that was the biggest problem for all three people. this is why i'm confident saying elizabeth warren will never be president of the united states. the biggest problem i have with her is that she puts out with her announcing the exploratory committee -- we all need fairness. we need to play by the same

rules. yet, she cheated. she played the system, she lied about her heritage to get ahead. that negates the theme, the central theme of her attempted presidency. she is never going to be president. the issue with mitt romney is, like you discussed, she gravels -- or, he groveled to president trump when he won's endorsement in 2012 when he was running for president. he wanted to be secretary of state. then, when he ran for senate. the difference between him and somebody like senator lindsey graham, lindsey graham comes out truly authentic and he truly disgrace of the president prayed i have respect for that. it's fine to disagree with the president. but mitt romney does it before he is even sworn in, and it's only to elevate his status in the senate. not elevate the public discourse. >> harris: just really quickly, we saw the final group. it was just two people. sheldon whitehouse of rhode island and roger wicker, republican of mississippi. we have seen this. and now the vice president -- who is the president of the

senate, as we know -- is going to wrap up saying a ceremony or traditional process at this point. we may or may not get back in if there is something for us to see and hear. right now they are just kind of doing some housekeeping things. >> melissa: which is fun to watch! >> harris: i love watching it, i'm a geek. i can't force my geek hood on the world here. the producers are saying to wrap it up. >> leslie: they might do a mic check! >> harris: the house leadership vote is next. when we come back, we watch a parade this is democracy. we hired these people, people. >> mr. cassidy. ms. collins. mr. coons. if you're a veteran homeowner and need money for your family,

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and with home values rising, that can mean a lot more money for you and your family. and because newday usa has been granted automatic authority by the va, they can say yes when banks say no. and they'll do all the va paperwork for you. we all know some of life's most important financial decisions are made right here at the kitchen table. so, if you're a veteran and need cash, calling newday usa could be one of the best decisions you'll ever make. go to newdayusa.com, or call 1-877-423-5734. >> melissa: all right, we are going to scoot on over to the house side now where they are getting ready to have the vote to see who is going to lead on this side. in a short time -- i know -- we are going to see liz cheney, she is the republican conference chair.

she is going to nominate kevin mccarthy. but we will see on the democratic side, hakeem jeffries will be out to nominate nancy pelosi who we have already seen early today. she's wearing a lovely bright pink dress. she will be coming out, ostensibly, to reclaim that gavel, harris. >> harris: you know what? the current fight with the president right now is come in my humble opinion, leslie -- it's something that displays a roll in. the president has said this is what it's all about. this, conceivably, is her last bite at the apple, politically. she's been around for 30 years. i can't imagine her with another speakership. >> leslie: she already said she wouldn't. >> harris: but the party -- she said she wouldn't, but the party seems to be saying "you shouldn't." which is a completely different conversation. when you have come a couple nears for now, alexander acosta cortez and others. hakeem jeffries, by the way -- they did so items and

leadership. he was one of those looking at running against her. clyburn and some others, for speakership. she was able to quiet that down. some people have gotten some things that they wanted. there are only some things you can pass out. >> leslie: there's another generation coming. and there should be. quite frankly come on both of the aisle. especially for the democrats, you are seeing the people who have been elected into the house. much more diverse, a group of democratic legislators. >> harris: when you say that, what you mean common do you mean women? native american? >> leslie: native americans, hispanic, gays, muslim. going forward, yes, nancy pelosi is an old-school democrat. i think it's good because she can hit the ground running. she knows what to do. she is strong. she has people that respect and like her, and on both sides of

the aisle. having new people, new blood, and a younger and more diverse base -- >> harris: that's interesting, because to me the word "diverse" means ideas, as well. your party is leaning so far left -- >> leslie: part of the party is. the socialist faction. >> lisa: particularly the loudest voices. it's sort of interesting that, as this new congress is sworn in and beginning, we are at an impasse in the government funding. i sort of think, sadly, it's ominous what's to come over the next two years. but we are already beginning this congressional term with a disagreement. fractions. i essentially think that's what the next two years are going to be like. i really do. i think it's foreshadowing what is to come. i don't think there's going to be a lot of agreement between the democrat-controlled house on the republican-controlled senate or the white house. i think there's going to be a lot of disagreement, a lot of

fighting. a lot of investigating on behalf of democrats in the house. it's going to be a lot of dysfunction. >> leslie: i don't agree. i think there are areas like infrastructure and trade that you can have bipartisan support. historically, if you look at the polls, the americans like a divided congress. >> melissa: they like a divided congress, but they don't want to see it grinding to a halt. as he it's fair to say it impacts everybody's lives, that immigration has fallen apart. whether it's because you live in an area near border, we know some of you who status is uncertain, or you're frustrated by how the laws have played out, or you pay taxes. you are paying for things. no matter how you slice it, these are people that were elected to fix problems and they have a problem that is festering. and they are not fixing it. >> charlie: absolutely not fixing it. when your diversity of ideas includes socialism in a major -- formerly, i would argue -- a

legitimate party, that's absolutely terrifying. the number of new democrats come and perhaps even some old democrats who really do embrace socialism. it's frightening. you're not going to pry the speakership, this gavel come out of nancy pelosi's hands. >> harris: thanks for skipping that. >> charlie: i think the only way that it happens is if they overplay their hands for the next two years and they lose the house again in the way that she lost it. >> leslie: but if she is successful in her position, if it's not broken, why fix it? >> melissa: that will be her argument, for sure. >> harris: i'm about to geek out right now. during the commercial break, i found out that charlie, while in college -- think about this visual -- was actually the c-span water in his dorm. people would walk past an open door and wonder what the heck was going on. c-span at a tender age, as a

teenager. >> charlie: i don't know that this is any sort of loving way. my nickname was "c-span." [laughter] >> harris: look at you! let me geek out here for second grade you see nancy pelosi there in that lovely pink dress. she needs 218. it's the magic number two when the speakership. you see some people who are out today, and there is a vacancy from the ninth district of north carolina because they still haven't decided or settled that congressional race. anyway, the breakdown in the house is likely to be 235 democrats, or -- to 199 democrats. which is interesting. because she could lose 17 members. remember that a group of the so-called "problem solvers," lisa? they were going to solve problems in the house. i have had democrats tell me they didn't really solve any problems. but, you know what? they stopped her at a point and made her think about what was going on a couple months ago.

>> lisa: i'm glad you made that point. charlie kind of brought this up earlier. where, nancy pelosi -- she is going to be speaker, we all know this. but she is going to have some fights on her hands within her own caucus parade not just to the middle, those of the people who signed a letter saying they would not support her for speaker. but also from this incoming progressive caucus that we've been talking about. alexandria ocasio-cortez. she is going to have to struggle to keep her caucus in line. remember, nancy pelosi, the democrats are only going to control the house. republicans will have a 53-seat majority in the senate. republicans also have the white house. nancy pelosi doesn't have a lot of power in dictating the terms over the next few years, because the legislation they passed is not going to go to the senate. mitch mcconnell is likely not going to pick up a lot of the legislation they passed in the house. where the white house. the biggest power that the house has, as i mentioned earlier, is going to be using it as an investigative tool to go after the president. >> melissa: this is will be called

told you was coming down the road. we see her getting after receip receipt. this is, on the democratic side, hakeem jeffries has nominated her for the speakership and for the gavel. to lead congress. i would say, to your point -- when we talk about the division in both parties, it is in there that i am hopeful something could get done. i will explain in a second. >> harris: let's watch and listen together. >> -- to privatize social security, rescued our economy in the midst of the great recession, saved the american automobile industry, provided affordable health care to more 20 million americans. [cheers and applause]

created the consumer financial protection bureau. enacted a minimum wage increase for the first time in ten years. struck a blow against mass incarceration with passage of the fair sentencing act, and provided relief to tens of millions of americans who are credit cardholders that were being defrauded. but nancy pelosi is just getting started. [cheers and applause] and the 100 -- [applause] the 116th congress, she will continue to fight hard for the people. nancy pelosi will fight to lower health care costs, strengthen the affordable care act, protect people with preexisting conditions, increased pay for everyday americans, , and act a real infrastructure plan, clean up corruption, defend the dreamers, six the voting rights act, and end the era of voter suppression once and for all. [applause] >> melissa: that is hakeem jeffries from new york, and he's

introducing nancy pelosi and singing her praises as he nominates her to lead this group in congress. we are going to squeeze in a break right here and come back on the other side with more on this historic day. don't go away. >> we will fight for a country that provides -- as a fitness junkie, i customize everything -

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>> harris: liz cheney has just been introduced on the house floor right now, and it is her honor and task, she said, to introduce kevin mccarthy and to nominate him to lead the lower chamber. the republicans. as you know, he was a republican majority leader up until the time that the democrats took the house this week. so, as this process plays out, you see liz cheney there and she is nominating kevin mccarthy. i will just bring it out to the couch -- charlie, it's interesting, because this has been one of those situations for both parties where you wonder if new leadership will step up. people like kevin mccarthy. they like the job he has been doing. >> charlie: yeah, and i

believe elections are always healthy. especially when people get thrown out of office, because new blood is also very, very good. whether it's your party or the other party, it's always a very positive thing to get new, fresh blood in there. >> harris: quickly, let's watch and listen to this. >> -- of empowering federal bureaucrats telling us how to live. [applause] leader mccarthy will always look for ways to work with our colleagues on the other side of the aisle when we can, but he will never compromise on our fundamental rights and freedoms. leader mccarthy knows our rights come from god. [applause] they are enshrined in our constitution. he knows government is not the

source of liberty. it's instituted among when an amendment to ensure our liberty. leader mccarthy has let us through the 115th congress and unmatched productivity, including passage of the historic tax cuts. because we know -- [applause] we know, madame clerk, that the american people know better than the government how to spend their money. [applause] leader mccarthy led us in passage of the support act, providing important resources to help address the devastating opioid crisis across this nation. he has to work to pass the va mission act so we can finally provide our veterans with the care they deserve. leader mccarthy led us in repealing historic numbers of obama-era regulations that were strangling families, small businesses, and community banks

all across our nation. [applause] he was the leader in the important fight to combat human trafficking -- >> melissa: okay, we are listening here as the republican chair, liz cheney, is nominating kevin mccarthy to be speaker. but i think we know how this vote is going to come out. >> harris: we didn't see the challenges among republicans that we saw on the other side of the political aisle. sometimes we do. we watch for those things. kevin mccarthy, as i was think the charlie earlier, he is someone that people like. they like the way he does business on the hill. that some of the feedback i've gotten. he sticks with conviction pretty caucus as well, he listens well. now he will lead the lower chamber as the republicans are now in the minority. charlie? >> charlie: he has also been very smart about how to do with donald trump. obviously, one of the things i love about the trump presidency

is that you are presented a white house and a house of representatives at odds with one another. even as one party controls both, you had that tension which the founders envisioned. it makes for a very healthy environment that keeps everybody honest. it is why i don't really understand why democrats are sticking with nancy pelosi. >> harris: oh, you know why. [laughter] >> charlie: i don't think in the long term that it smart. going back to leslie was saying, i think they would be so smart to listen to you and stay away from all the investigations and actually try to find things they can work with republicans on. the immigration thing is a perfect example. they are putting forth these solutions, these ideas, all because they know the president has already said he's not going to sign anything without that -- funding for the wall. it's >> melissa: at the tension exists in both parties.

you have the never-trump people, and the of the tension between the more progressive ring of the party on the left. in the nancy pelosi group. with that tension everywhere, increase the opportunity for coalitions. because there are some who want to fight people in their own party. >> harris: really quickly, i want to step back into what we see on the screen because we are showing everybody. representative liz cheney of wyoming has just wrapped up her comments nominating kevin mccarthy. so you see the representative stand up, he takes that applause. he is sitting, by the way, next to steve scalise. this is leadership now that is going to lead in the minority under president trump for the first time. how will they not only caucus with democrats -- to melissa's point, with each other? you have more conservative people in the republican party, charlie, who were very outspoken

during the kavanaugh hearing. they have a big voice. they have been outspoken during the partial government shutdown. you've got guys like jim jordan and mark meadows and others. kevin mccarthy has been able to kind of steel the ship. he's been able to get through. >> charlie: one of the things with the last election, you saw a lot of republicans lose or refuse to run again because they didn't buy into the trump agend agenda. you now have a republican caucus in both houses that beliefs far more in the trump agenda. it's not the most conservative agenda in the world, but it's the most conservative and successful agenda that republicans have ever had. i think that only speaks probably well for president -- for that agenda. not only will they get things done, but i think it puts them in the footing to win clinical sites. >> harris: >> melissa: you see nancy pelosi their shaking hands. we have voting set to begin here on the speakership in this new

congress. you are watching history. don't you dare turn away, but will be right back.

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thousands of veterans get the money they need for their family and home... thank you, admiral. by helping them use the valuable va home loan benefit they've earned with their service. thank you, admiral. it let's you borrow up to 100% of your home's value. thank you, admiral. with today's high home values, that could mean a lot more money to pay debts and get ahead. thank you, admiral. it's an honor to help you get the peace of mind every veteran and their family deserves. call 1-844-383-1571. >> melissa: voting on the house floor now underway. we want to think of charlie hurt. we are back here tomorrow on the couch at noon eastern, but i will handed over to harris faulkner. >> harris: we have breaking news is that voting has started on the house floor. washington's new reality, an event divided congress as nancy pelosi is expected to soon

take the speaker's gavel for the second time. this is "outnumbered overtime," i'm harris faulkner did. now voting for the new speaker of the house. nancy pelosi expected to win as president trump is getting his first taste of divided government. democrats taking control of the house today. the new congress officially in business in the past hour, following an unproductive white house summit yesterday between the president and congressional leaders on a partial government shutdown now in its 13th day. nancy pelosi says democrats will move ahead today with plans to go on a spending bill. she says it will not have cash for the president's ball. the white house calls it a nonstarter. nancy pelosi adamant on what she means by know when it comes to the wall. watch it. >> are you willing to come up and give him some of this money for the wall? apparently that's the sticking point. >> no, we are talking about border security. ar