that munich at the moment. we'll see what the responses. >> bill: i remain hopeful. we've got 13 days to regress out. >> sandra: [laughs] we will see. they 26. it's going on and on. thank you for joining us here on ""america's newsroom" " " we will see you tomorrow. "outnumbered" starts now. >> harris: fox news alert, a bipartisan group of house lawmakers from the problem solvers caucus' meaning at the white house with the president. as a government shutdown approaches one month. now the democrat speaker of the house is going on the president to delay his state of the union address until the partial shutdown is resolved and government reopens. this is "outnumbered." i'm harris faulkner. here today, a host of "kennedy" on the fox business network, kennedy herself. town hall editor and fox news contributor, katie pavlich. fox news contributor, morgan ortagus. in the center seat, john summers, former communications director for former senator harry reid

you call for a delay. why do you call for a delay, and is it politics? >> jon: talking about the state of the union? i think it's an interesting thing. i think there is a lot of merit to the argument. anybody who has been in washington for a state of the union knows just how clamped down the security is in that town. it does require a lot of resources. i think the argument makes sense, whether u.s. actual motive is hard to know. but it's one that does make sense when you consider all the people gathered in the chamber. members of congress, members of the senate, the entire supreme court. >> harris: there is a flip side of the argument for delaying, notwithstanding the security concerns. we will get to that in a moment. meanwhile, no signs of breakthrough in talks as members of the senate democratic caucus are expected to rally on the steps of the u.s. capitol. president trump's meeting with a bipartisan group of lawmakers, as i mentioned, the white house today after some democrats refused to meet with the president yesterday. the president is looking to

seize on that, tweeting "it is becoming more and more obvious that the radical democrats are a party of open borders and crime. they want nothing to do with the major humanitarian crisis on our southern border. #2020. "as i mentioned, now a nancy pelosi is calling on president trump to delay the state of the union address or deliver it in writing until the government reopens. speaker pelosi citing security concerns, as jon just talked about, with the secret service and homeland security department not being funded. no republicans are echoing the president, blaming democrats for refusing to negotiate. here is a democrat who boarded the white house lunch yesterday. >> hebrews of the point, many are saying "how can you negotiate if the other side isn't showing up? you can't negotiate with yourself." both sides agree. we've got humanitarian crisis going on at the border. the president's address in. there is somebody who want

to -- he's renewing calls for temporarily reopening the government. watch it. >> let's reopen the government for a few weeks. let's see if we can come up with ways that we can increase security of the boarding. increasing resources for security of the border, i am all in on. but it ought to be driven by border expertses and not a political promise that was made in the 2016 campaign. donald trump, if successful, he will use his tactic again. >> harris: congressional leaders are saying they will cancel next weekend's recess is the shutdown drags on. on top of all this, an estimated 2,000 migrants have formed a caravan in honduras and they reportedly intent to reach the u.s.-mexico border. kennedy, we heard from jon off the top. the tippy top. but what you make of all the changes now with pelosi trying

to delay the state of the union? >> kennedy: the state of the union is just a political trick. sleight-of-hand, in order to adjust focus away from a solution. if i were a democrat voter i would be more frustrated, because i want these lawmakers to get together. there is a solution, and the problem solvers and some of the more rational bipartisan will be able to cobble something together. if i'm a voter in a swing state, that's what i want to see. i don't think there's a better time to talk about the shutdown, when you have an entire group of people. it feels very different when you are sitting in the senate -- rather, the house -- and you got both chambers. they are gathered around, listening. you have a rapt audience, and it's different than the president in the oval office. it's also an opportunity to talk about economics, foreign policy, some of these other critical issues outside of the shutdown. >> harris: i had to write it down -- he said some words,

katie, that we don't often hear. kennedy has faith in government! [laughter] >> kennedy: i think there are a few dwindling -- >> harris: your optimism! >> kennedy: a teeny tiny minority. >> harris: maybe they can get it moving. >> katie: some of these democrats are listening to those constituents, and saying, "look, this is $5 billion of the $26 billion that he wanted for the entirety of the border. it's a very small portion of what he's asking for." let's not forget, this isn't just about the barrier or the wall or whatever you want to call it. the white house has also put billion dollars for new beds for ice's detention centers. they put more money on the table for medical care, humanitarian aid. those things have all been rejected by the white house -- . not by the white house, by democrats refused to negotiate with the white house. i just have to say, i agree with nancy pelosi. i think the state of the union

should be in writing every single year no matter what president it is. that's where they used to do it, and it was very boring. [laughter] >> harris: it's also hard to politicize it if you do it that way, too. i want to draw our attention to the action happening on the screen right now. there is a rally they are waiting for. in the meanwhile, they are on steps they are at the capital calling for the president to end the shutdown. obviously, this is senator chuck schumer leaving this. this caucus in the set down. i want to bring you in here, morgan, get your thoughts on where we are in all this. there are reports of people who are really starting to feel thi this. they are working with other paychecks in government. a critical part of government, the dhs per the homeland security department. you worked in security. your thoughts? >> i think we are in the very tough situation in the sense that nancy pelosi has made it clear that she thinks the wall is immoral, and she says she's not putting 1 penny toward that wall. i don't know how you go from the

president's position to nancy pelosi's position in finding middle ground. i think at this point that, since the congress -- it's clearly not going to do anything to get their act together on this. i think the president and his team need to start looking at what other measures they can get to build this wall. i just don't see them being able to negotiate. as we talked about, i believe it was on monday, it was very difficult to negotiate with people who not only don't believe in a wall -- they also believe that ice should be abolished. they also believe that our borders should be open. the democratic party and barack obama in 2008 got a petition on immigration prayed that party is dead. you have an extremely left-wing position now among all the major presidential candidates. >> harris: john, before we get to that, i want to reset and let everybody know what we are looking at. they have this group in the house called the problem solvers. part of this group that's coming up with a rally, jon, had pushed against nancy pelosi. but you see her as speaker of

the house, and obviously that is senator chuck schumer, as i said moments ago. they are there ahead of this rally coming up, talking about trying to get the government to reopen. now you've got nancy pelosi fully in a position where she is challenging the president, saying, "let's push back." katie agrees and i prayed to get back to a written forum. but there's a political play there, as well. kennedy didn't necessarily agree with all of what you said. >> jon: i would be surprised that there is a political play, and there is. the disney there is not true to what she is saying so we need to consider that he can deliver a state of the union wherever he wants to predeliver in writing, whatever he wants to do. >> harris: do you think he will deliver it in? >> jon: [laughs] >> harris: listen to you! >> kennedy: he might live to eat his own state of the union pray that would be impressive. [laughs] >> harris: we have the leaders of the democratic house of the senate on the steps, at the capital, talking about the shutdown and how people are feeling it.

we await house members to come out of that problem solvers caucus, democrats have been will go in the few months. they will do something. meanwhile, let's take a look at new polling which shows compromise among border wall supporters and opponents. katie, this is what we were getting to before. how do you reach that juicy metal? if we pop up that graphic right now, we will see that there is about as many people not willing to compromise as those who are willing to compromise. border wall supporters, 72%. border wall opponents, 88%. the juicy middle seems really tiny. >> katie: i don't know that it's so juicy at this point. [laughter] this is a fight that does not seem to be wanting to end soon. i have to say, chuck schumer is there holding photos of people who are hurt by the shutdown. they continue to ignore photos

of victims of violent crime, including murder and rape, of illegal aliens who have come here illegally. in caravans, which they are unwilling to stop. senator mark warner was on -- replete his sound bite earlier. he was talking about "we need to listen to border professionals." well, i have heard a lot from our different toe , at border patrol, and they are saying "we are not getting paid and we are willing to go through this and beyond the president's side. walls were, various work to keep criminals out. it allows us to do our job in a more efficient way." i'm just wondering who these democratic senators are talking about when they say border professionals and experts. are the guys on the ground not the experts to them? >> harris: that's a terrific question. let's put it to jon. >> jon: lets him over the fact that there was a deal. compromise has been achieved. it was 11 months ago. president trump actually agreed to it and backed off because he

heard from the most extremist and the republican party and he got scared. so he backed off. that bill had $25 billion, it included money for the wall as well as other various measures. the wall itself is not border security. it's much more than that. >> katie: nobody is arguing for the wall on its own. the white house has actually put multiple packages on the table with new technology -- -- >> jon: if you go back to the farm bureau speech, it was "the wall, the wall, the wall." >> harris: the tension started before this current publican president and gone over many presidents. the policies and programs they have been place are so anemic that they have 2,000 job openings now. in the deficit of the academy, they are making up the difference. they are working hard to do so. in the absence of that, in present day, you need a combination of things. that's what the facts bear out. is it just calling it something different? can you do with the border patrol is doing, and what they told npr over the weekend?

it's a border barrier. it's a topic we will get down to, we have got to scoot. the democratic race for the white house adding another woman to the list. senator kirsten gillibrand is expected to put gender front and center in her campaign. it's a winning strategy? controversy over what the choice of a tree in general, william barr, said in the final mueller report and the sticking point for democrats. >> i think it's essential that congress and the american people know what is in the mueller report. ♪ a migraine hope to be there... for the good. and not so good. for the mundane. the awe-inspiring. the heart racing. the heart breaking. that's what life is all about... showing up. unless migraine steals your chance to say "i am here."

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at comcast, it's my job to develop, apps and tools that simplify your experience. my name is mike, i'm in product development at comcast. we're working to make things simple, easy and awesome. >> kennedy: this is a fox news alert, controversy bubbling up on day two of the confirmation hearings for attorney general nominee william barr. today panel of character witnesses appearing before the senate judiciary committee, but even before the testimony started, raking democrat senator dianne feinstein raised concerns over whether or not mr. barr would commit to releasing any potential report from the special counsel investigation. here is senator feinstein today. >> i was concerned, by his equivocation regarding the report. i think it is essential that congress and the american people

know what is in the mueller report. with the exception of very real national security concerns, i don't even believe there should be very much redaction. >> kennedy: that goes for everything, senator feinstein. here's what mr. barr said yesterday. watch. >> my objective end goal is to get as much as i can of the information to congress and the public. i'm going to be talking to rod rosenstein and bob mueller. i'm sure they have had discussions about this. there are probably existing thinking in the department as to how to handle this. i'm going to get the integration out there consistent with these regulations, and to the extent i have discretion i will exercise that discretion to do that that. >> kennedy: also yesterday, mr. barr stressing he would allow robert mueller to continue his job and protect it from outside interference. watch. >> i believe it is vitally

important that the special counsel be allowed to complete his investigation. >> will you commit to providing mr. mueller with resources, funds, and time needed to complete this investigation? >> yes. >> will you commit to ensuring that special counsel mueller is not terminated without good cause consistent with department regulations? >> absolutely. >> kennedy: welcome a very good. he's not gray to fire bob mueller. they are lackeys from the early '90s. [laughter] they are buddies. the metadata grab that has been employed by a multitude of agencies. they are friends. >> jon: they are, and they have been friends for, what, 30 years is what he testified to? i think he did a pretty good jo good job. >> kennedy: is that grounds for recusal, that they are so personally close? >> jon: you have to wonder what donald trump actually think about it. i know he said he talked to trump about it in 2017, when he talked about becoming his personal defense attorney. we have to wonder if trump remembered that because he does

seem to have a habit of forgetting things like that. i would be curious, i would love to be a fly on the wall in trump's office if he was watching those hearings. because he set a number of things that would probably be disconcerting to trump if he is saying is actually true. if his actions match -- >> harris: this is minor, but i want to get on the record with it. william barr said he was not asked to be the president's personal attorney, that they had conversations and he offered up the details of the conversations but he said they were not textured quite the way that you present it. but i know it's been reported that way. i wanted to slide that information or to his testimony. >> kennedy: part of the challenge here for the former and future attorney general, so it appears, is his independence. he said yesterday that he would, in fact, break with the president when necessary. let's watch. >> one of my concerns, frankly,

is politics degenerating in, "should we investigate this, should be investigate that?" about clinical opponents. i don't subscript to this "lock her up" stuff. >> do you believe mr. mueller would be involved in a witch hunt against anybody? >> i don't believe mr. mueller would be involved in the witch hunt. b2 katie, there are so much more that goes on in the department of justice. we are still talking about eric holder and loretta lynch paid some people still talk about janet reno and john ashcroft. this can have quite a legacy if you don't pick the right person for the job. are these senators correctly pressing william barr where they should? >> katie: this question has been answered by everybody and anybody on the mueller thing. they are so obsessed with it. mueller is not going anywhere. lindsey graham is protecting him, the senate has voted out of that committee to protect the mueller probe, the president come if you wanted to fire mueller, would have done so by now. as he's completing the

investigation over the next six month or whatever it is. the justice to permit has a big job, they impact people's lives in a very local level, actually. it's one of agencies in washington, d.c., the deals with crime in all these other things. one thing that i think i missed yesterday that could have been discussed for there this idea of bill barr mirroring his policies of the 1990 statute which have worked to ree murder, and coming into this new age of criminal justice reform e things that haven't worked going into the future. because they are so obsessed with the russia thing, they don't spend a lot of time. >> kennedy: i think katie is onto something that's really critical, here. how different the climate was within the justice department and the criminal justice community. in the early 1990s, that set the stage for the clinton presidency and three strikes and everything that hillary clinton had run against. why did democrat senators focus

more on the issues and civil asset forfeiture, and areas that are a lot more critical than the redundant answers we have heard on the mueller investigation? >> jon: i think they had to answer that question. they didn't all need to ask them, and they all didn't, but it was important to get those things on the record. i think it was enlightening to hear them talk about how he would separate himself from the presidency and start his own independence. i think that was good for people to hear, and it will be follows through with it. i think there are some other senators who did a good job. claude bouchard, for example. she did a good job coming on and talking about a number of issues including protecting journalists. asking him if he should believe he should jailed journalists. >> kennedy: and i thought it was a disconcerting answer from her. >> jon: it was a discomfort dok uncomfortable answer. >> kennedy: including with the russian oligarchs! a sanction. the sense today, they switched a measure that would block the trump administration from

letting up on companies linked to the kremlin. and it's getting backing from republicans. whether that will move forward, and what it means for the president's foreign policy. we will debate. next. ♪ >> of the administration has been shamefully and suspiciously weak on president putin. ♪ musical the president has avoided criticizing putin at every turn. ♪ my teeth have always been a very sore spot for me,

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plus the 12 hour pain relieving strength of aleve. i'm back. aleve pm for a better am. >> harris: the senate is getting ready to hold a vote for further action to advance a resolution that would block the trump administration from relaxing sanctions on three russian companies linked to an ally of the kremlin. it comes one day after 11 senate republicans joined with democrats to move that measure forward. this marks a rebuke of the trump administration and senate majority leader mitch mcconnell, who pushed to shelve the measure yesterday. senator mcconnell is now accusing minority leader chuck schumer of backing the bill because of the political fight against the president.

here is senator schumer responding on the senate floor today. >> now, with the proposed sanction relief, we have another example of trump trying to lighten the burden on putin's oligarchs. the fear of breaking with the president has held back too many of my republican colleagues from supporting this resolution. >> harris: candidate, you have a situation now where republicans are voting with democrats. is this kind of "stand out and make your case again and again" by chuck schumer even necessarily? >> kennedy: he's so incredibly tone-deaf, i'm so amazed when he gives the speeches to an empty chamber enforces one of his staffers to sit next to him so it doesn't look completely desolate. then he would really look like a crazy person. i think every once in a wild chuck schumer has to talk to a slightly different audience. instead of just speaking to his foamy-mouth to base, you should really talk to people who are

independent and republicans on the fence, or just old school commie haters like me. [laughter] >> harris: oh, my goodness gracious. and there is kennedy. morgan? >> morgan: there's a few things to note here. the russian oligarch, he is going to remain sanctioned. it has been characterized incorrectly by schumer saying we are lifting the sections on the russian oligarchs. at least with the treasury is proposing. that's not what's happening. what's actually happening is the treasurer negotiated -- he is a majority owner in the energy company. so the negotiation was the key sanction, while getting the energy company out from under the sink in. it's very arcane, but a thick it's important to note because i don't the goods accurate at all that senator schumer -- >> harris: is it right? >> morgan: from senator schumer? >> harris: i mean, is it right for them to do but they are doing in total? >> morgan: this is what treasury does. you try to keep strong sanctions. the goal on sanctions is to change a country's behavior by

doing it. >> kennedy: 21 does that work, though? >> morgan: we can have a long discussion about that. prior to the iran negotiations, which i didn't ultimately agree with the deal that president obama negotiated, but a big reason why the iranians came to the table for the deal is because of years of sanctions. there's a big difference between doing holistic country sanctions like we did against cuba for many years, versus during pen point and targeting sanctions, which both the bush and obama admits rations did with iran. two very different section regimes. >> harris: you at the new on the head, though. it's the perception of what's happening right now, jon, in terms of the russian sanctions and what people may typically understand. when you see senator chuck schumer making argued over and over, is there something to the perception? >> jon: absolutely. at its most basic level, i have -- i can't understand why in the world they would want to go forward with this. why the trump administration would want to go forward with this. why he would want to do anything

that could potentially be beneficial to the russian government. >> morgan: it's not beneficial to them, though. the oligarch -- see, would you say they were benefiting the oligarch, that's misinformation. he is remaining sanctioned. the whole point of this -- >> kennedy: kind of, though. he owns 45% of those three companies where they are lifting the sanctions. it's not like he is completely extricated from those companies. he knows, in the short term, that it may hurt a little bit. but in the long term you're either going to have added administration change in this country where everyone is going to forget. that's what somebody like i was banking on. the point is, the targeted sanctions -- these billionaires hold much more sway over putin because russia is having a very tough time economically. >> jon: let's not forget -- >> harris: excuse me, jon, i want to get katie's voice here on this. >> katie: i think you have to keep in mind that the treasury to permit has a reason for pulling the sanctions. the trump administration has put a ton of sanctions on russia. their economy is in the garbage. if you look at the reasoning

behind pulling the sanctions off of the company and not the oligarch himself, which is absolutely correct, is they see it has under unintended conseqs for other countries. they are wearing how much it hurts russia versus the united states or other allies and european partners. and who is actually hurting. the aluminum company, one of the biggest in the world. they are taking that account, with the on intention consequences are. >> kennedy: what about america -- >> harris: if we can come i want to get back into -- i don't know if you notice, but we have a life picture seconds ago and that was the senate taking the procedural vote on the very issue that we are talking about. to block the easing of the sanctions on a russian-owned company group. a block, if you will. real quickly, morgan, to get back to what you were saying -- and what i was asking jon about is the perception of all of this. is this too intricate at this time? why these companies? >> morgan: is it too intricate

to -- >> harris: to separate that particular oligarch -- i mean, is it troublesome because of what's going on with the investigation, so on and so forth? >> morgan: it shouldn't be. i think that's a political connection schumer has made. i think part of the treasury department's concern is that it will either be nationalized by the russians or potentially go bankrupt and brought by the chinese, which is the worst outcome for the europeans were more dependent on them. >> harris: is a carrot that we are trying to help them protect their companies? does that give us any -- what does that give us? >> kennedy: protection from china. >> morgan: i think that's a china problem. >> harris: interesting. we will scoot. that procedural vote happening. we will bring you up to speed on the news on that as it happens. three potential 2020 democratic candidates right now are pressing trumps attorney general peck, william barr, at his confirmation hearing over issues like the miller investigation. it's going on now, so we will give you the key takeaways from today's exchanges as the white house race looms.

plus, another senate democrat, kirsten gillibrand, just took a big step to a bid and put gender at the heart of her pitch to voters. the democratic field of candidates as it grows, and women. stay close. >> i am filing an exploratory committee for president of the united states tonight. [cheers and applause] ♪ your insurance rates skyrocket after a scratch so small you could fix it with a pen. how about using that pen to sign up for new insurance instead? for drivers with accident forgiveness,

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she's getting ready for the run. the new york democrat already has travel plans to the first caucus state, in iowa later this week. she's reportedly expected to put gender issues fronononononononot for hundreds of female candidates around the country has been the hallmark of her political rights. now, more than any candidate for president ever has, she is putting gender at the heart of her pitch to voters. a strategy that could bolster her because with a sizable slice of the democratic base and helper sound in the sprawling primary. elizabeth warren and -- the done exporter committee spared the first step in the presence of run. more competitors are expected to jump into the race. kamala harris and amy klobuchar are also taking the presidential tires. jon, here you go. in any of the year this would be a very interesting candidacy, but the fact that it's already so incredibly crowded, i don't

know if she raises herself above the noise in a positive way. if i were an independent meal voter, i would look at some of her past statements and actions with a great deal of skepticism. >> jon: first of all, i'm excited by the gender diversity rep we have. the racial diversity we have in the field. not everyone has announced yet, but only -- >> kennedy: but only one person can be president. >> jon: it'll be great even to be those ideas. all that said, i don't think you have to be a woman to win the female vote. he does have to understand women's issues. and kristen gillibrand, i think she has done some great things on the progressive side. but she's not without her own challenges facing some progressives given her relationship with al franken and leading the charge and having him fired. is that an insurmountable challenge? >> kennedy: for somebody seeking the presidency, i believe it is. >> jon: it may potentially be. you are raising the point, issue

somebody will be able to get out there and get on front? let's rub her, she's a junior senator from new york. chuck schumer is the senior senator. it's very hard to get any air time even before he was the senator. [laughter] >> harris: even on this show come as you've already shown! on capitol hill, already a couple times during this hour. i just, those are important issues. what is it that female democrats are looking for that they didn't find last time around? i caught a little bit of what i thought was shade as you said you don't have to be woman to get if you move it. what you have to be? >> kennedy: don't be mansplaining! [laughter] >> harris: i'm curious! if you are a woman and you are going to be trained on those issues -- like, hillary clinton had her metro subseries looking like card for women. to pay for that, you get into this -- is all that necessary cost of

equity women voters want in your party? >> jon: the same thing everybody else wants. a good economy, tax cuts for the middle class, they want affordable health care affordable health care. >> harris: wide trade on gender as gillibrand is doing? >> katie: kirsten gillibrand is the biggest fraud. she ran as a moderate democrat in new york. second amendment supporter, now she is an extremist on the second minute. she essentially wants to abolish it. she has that on record she wants to abolish ice. she's going to have a huge problem with women for building her career on the backs of bill clinton while she claims to be a champion for the #maytoo movement. she changes her position on things all the time to fit with the flavor of the week is, in terms of political expedience. i think she will have a tough time when it comes to her record getting pulled out in front of these other democrats during these debates. >> morgan: i agree with you, katie, totally. one thing she did well that we could perhaps highlight that she was really the leading voice in the senate going after the rape

and sexual harassment many women in the military face. she is a strong record on that. she's going to differentiate herself from not only gifted women in the race, but if she's going to make this argument about women, he i think she shd i let them more. she is a fantastic record despite having a mixed record. >> katie: in the meantime, a trio of potential democratic candidates scrutinizing potential edge and sinead general william barr, demanding assurances from barr on protecting the mueller probe. senator amy klobuchar also pressing barr about the government shutdown and the wall. senator kamala harris pushing barr on whether he will recuse himself from the mueller investigation, and then there was this exchange with senator cory booker about improving the disparities that minorities face within the criminal justice system. >> you literally wrote the book

on mass incarceration, or at least this report, the case for more incarceration. you argue that we come as a nation, were "incarcerating too few criminals." do you think, yes or no, this system of mass incarceration has disproportionally benefited african-american communities? speak of the heavy drug penalties , especially on crack and other things, have harmed the black community. incarceration rates have harmed the black community. >> katie: kennedy, we talked about that issue early. do you think yesterday's hearings distinguish any candidates more than in the past? they are obviously using the committee hearing as a platform to get their ideas out ahead of their announcement. >> kennedy: i know they are trying, and i appreciate that there wasn't as much grandstanding. i agree with cory booker. i think that's an appropriate place to press william barr, because there's a lot to answer for between the departments of justice from the george h.w. bush administration and the donald trump administration.

booker is absolutely right, and the data bears that out. we are still trying to figure out how we appropriately move forward and make greater strides in equal protection under the law. it's amazing, some of those policies that seem like a great idea in the late '80s and early '890s but were generationally so disruptive. >> katie: jon, cory booker likes to make sure of the things. yesterday he turned it down a little bit. but isn't he a bit of a light weight when it comes to comparing himself to kamala harris, who was a former prosecutor? amy klobuchar has that kind of experience as well. when you look at the fields of the candidates on the stage yesterday, potential candidates, what are your thoughts about who bears on the front? >> jon: that's a great question. i didn't watch the entire hearing. speech you didn't? >> jon: [laughs] i know! i work to do. i like about sites handled it, to be honest. i think they handled in a very fair way.

the democrats did ask some tough questions. to our discussion earlier, i was glad that it didn't justice center on mueller. they asked the questions they need to ask about him, but as we are looking at club wishart right there, i like what they ask the questions and asked about mass incorporation incar. does anyone stand up for that particular hearing? i don't think so. but i don't know how much they were really trying to do that. i think the difference between this and -- >> kennedy: build bar should give a master class and how do confirmation hearing. for nine hours yesterday, he was totally unflappable and clearly he has done this several times. but the reason this wasn't -- the kavanaugh hearing, the democrats so utterly embarrassed themselves in the kavanaugh hearing. because bill barr just couldn't be flustered yesterday. he was on point every single time. the actually made some admissions that made, especially senator feinstein as it relates to torture and and a few other issues, but even she agreed with

him. she said she was happy to hear his response. i don't think the president's team could've picked a better nominee in terms of getting something through a process. >> harris: well, he's been through before. with unanimous support from both sides of the political aisle. that's got to give you a lot of confidence as you sit down with a table and assess the room, some of the spaces may seem familiar over the years depending on how politically engaged you may have been. but i will say this -- the one thing he didn't put to rest is what dan finds a hit them on again, and that is "i want to see the mueller report," she said. she wants them to commit to showing it outside of the confines -- or within the confines, i should say come of reduction rules and policies. but outside of the outcome of the public said she has much possible. he answered back, "that would be my goal." dick durbin and others are looking for, as i said -- they are looking for rock solid evidence that he's going to do something. i don't know how much you can do a aside from saying you're going to do. >> jon: out of a hard confirmation from that, i do

think so. >> harris: what is a hard confirmation? >> jon: him saying he will absolutely do it. but i don't know that it would've been a prepaid firm to say that. >> harris: but didn't he kind of see that, say he will follow the guidelines of the law? >> jon: it allows them some wiggle room. at >> katie: we have to get to a break. sorry to interrupt. a federal judge blocking the white house from acting about citizenship in the 2020 census, that argue it would discourage immigrant households from participating. whether it will survive the supreme court? we will debate that next. ♪ mbers: 4 out of 5 people who have a stroke, their first symptom... is a stroke. 80 percent of all strokes and heart disease? preventable. and 149 dollars is all it takes to get screened and help take control of your health. we're life line screening... and if you're over 50... call this number, to schedule an appointment... for five painless screenings that go beyond regular check-ups. we use ultrasound technology to literally look inside your arteries... for plaque which builds up as you age-

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♪ >> morgan: a federal judge in new york blocking the trump administration's decision to add citizenship question to the 2020 census. the judge writing in his ruling that secretary ross "arbitrarily out of the question." the question was "is this partisan a citizen of united states?" to the survey. it would have been the first question since 1950 that the question would be asked of all u.s. households. opponents argue that it's addition to the senses could discourage immigrant households from participating, and thereby under a present them in the population. the issue is far from settled as the supreme court is set to hear oral arguments on issue in february. katie, i know you have a very

strong opinion on this. it hasn't been done since 1950. why is it relevant today? >> katie: they say it will discourage immigrant households. no, it will discourage illegal immigrant households from being counted for congressional representation in congress. so if you are not qualified to vote as a citizen of the united states of america, you should not be counted in a population that then gives power to house members and states in terms of the number of congressional districts that they get and the representation they get. this idea that you can't ask people in the united states about whether they are citizens or not to figure out who they should be represented by in the federal government, when you are voting for those people, is absurd. this is a very basic question. democrats don't want it asked because they want illegal aliens counted in their censorship because they go to states like california, and they get more power that we in the house. >> morgan: according to some of the democratic party, not

all, like stacey abrams that she would potentially be fine with illegal immigrants voting in our elections. can you sort of explained to us the democratic opposition to this question? >> jon: i think the majority don't support undocumented people voting in our elections. i think that's a republican talking point. >> morgan: stacey abrams said it, not us. >> jon: some democrats made side with you because it's politically expedient. this is a question that hasn't been asked since the days women were wearing poodle skirts and x-rays did have dinner on the table when their husbands got home from work. it's an outdated question. a question that was in place at the time our country was still segregated. our country was a much different place at that time. we don't need that question anymore. why? because it actually does disenfranchise undocumented people. >> katie: yeah, because they are not supposed to vote or be represented by congressional leaders. >> jon: i'm not talking about voting, and talking with people who won't answer the question honestly out of fear for their -- >> katie: so i did the good

representation? speech if we were walking about our government is in for in people -- believe me, i have my issues with the sentence. i took my daughter to the doctor there today, my 9-year-old, and on the check in sheet it asks her gender orientation -- her religion, or orientation, or gender, and her religion. i went up to the front, and i was like "what the hell is this?" i have never been asked to fill any of these. i don't like nosiness to begin with, but there are so many questions as to how many people, how many are documented immigrants are in this country. with that answer some of the questions for both sides? >> jon: and e-cig would answer the question. because you can return the form without that question being answered. by the way, that form -- >> harris: but you have to answer it truthfully. if you have to answer the question, it's true. some people just skip questions. some people do it based on discriminatory perceptions that they may have. there are a lot of reasons to opt out.

>> kennedy: pacific islander? >> katie: do think they should be represented by congressional leaders in washington? because that's what it is. >> jon: is a lot more than that. >> morgan: we are looking forward to the supreme court deciding this for all of us. maurice p20 just a moment

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all be? >> jon: yeah. [i don't have an exciting week. [laughs] >> kennedy: it's all done here from here. we are back on the couch in eastern tomorrow. here's harris. >> harris: fox news alert to my attention of a government shutdown now hitting a new level. the speaker of the house, nancy pelosi, is now urging the president to delay his state of the union address. this is "outnumbered overtime." i'm harris faulkner. house speaker pelosi took the extraordinary step of asking president trump to either postpone his state of union address the nation, or handed over in writing into the government reopens. the democrat speaker argues the partial shutdown raises serious concerns about security preparations for the speech, since the secret service and a preventive homeland security have been without funding for nearly four weeks. chief white house correspondent john roberts now at the white house, where the president is now meeting john with the bipartisan group of lawmakers about the shutdown. ever the optimist, i think may