>> bill: is there a sort of game that goes on tonight? like how many times you say x? >> sandra: maybe that's what happens at your house! >> bill: why don't you text me? >> sandra: i will do that. thinks for joining us. we will see you tomorrow morning. 325 starts now. >> melissa: fox news alert, president jump don't like trump just hours away from delivering his state of the union address, his first before a divided congress. it comes with another partial government shutdown looming as lawmakers can't reach a deal to fund border security. this is "outnumbered" and i'm melissa francis. here today, harris faulkner. town hall editor and fox news contributor, katie pavlich. host of "kennedy" on the fox business network, kennedy. and joining us on the couch, former utah congressmen, fox news contributor, jason chaffetz. i was peppering you before the show, are they going to get anything done? you are not as optimistic. >> jason: they've got to meet if they get something done! lock the bedroom, tell them they can come out.

"we won't feed you, you can't go to the bathroom until you find a deal." >> melissa: that's serious and they love it. >> jason: let's try that. >> melissa: the white house says the president will push for unity and tonight's speech and focus on the areas where agreement seems likely. such as infrastructure spending. they love to spend money. the state of the union had been scheduled for last week, but house speaker nancy pelosi poulter invitation during the government shutdown amid growing tension between the two. pelosi will be seated behind the president, which should be fun, as will the vice president during tonight's speech. the white house counselor kellyanne conway says the president will strike a civil tone. watch this. >> i would characterize his overall tone as visionary. he's going for unity. he's calling for an end to retribution and resistance politics. more cooperation and compromise. they talk about getting an actual portrait of americans who

have achieved greatness on behalf of all of us, including our brave men and women in uniform. everybody sitting there with their arms folded, homeroom thing, that's on them, not him he's calling for unity. >> melissa: with the president is also selected to reaffirm his demand for congress to fund border security. and to defend his foreign policy objectives. democrats already taking their gloves off ahead of the speech. yesterday, top senate democrat chuck schumer ripping the president's record in a pre prebuttal yesterday prelisten. >> he will save the state of our union is strong. the truth is, the seat of the trump economy is feeling america's middle class. the state of the trump health care system is feeling american families. and the state of the trump administration is embroiled in chaos and incompetence. the state of our union is in need of drastic repair. >> melissa: dun dun dun!

president trump respond to the senator, tweeting, "i see schumer is already processing my state of the union speech, even though he hasn't even seen it! he's just upset that he didn't win this man after sending spia fortune like he thought he would." and then he said, "thanks for watching my speech. you may have missed this line. even more empty than his policy promises are president trump's calls each year for unity. playing so nice in the sandbox, kennedy. nancy pelosi is good to be over the shoulder this evening. how do you think she's going to be? >> kennedy: i think she will spring her face rolling her eyes into her head over and over again. the contrast between vice president pence and how speaker pelosi will be delicious for those of us who consume politics on a regular basis. chuck schumer sounds like someone who doesn't want the economy to do well. he thinks the middle class is

tax right now? wait until he sees the taxes when the senate miraculously passes the green new deal and medicare for all. how on earth is the middle class going support that? it's people over profits. you don't want corporations make profits anymore. who is the government going to tax? b2 what notes do you think he needs to hit in the speech tonight? to think this is the right way to go? does she let out a deal that democrats would look will look irresponsible for passing up something for dreamers? all the things they have wanted in exchange for money for a barrier by some type? >> jason: i've been to the last ten state of the union speeches on the floor of the house, and i can tell you donald trump is at his best when he is in this forum. he likes a big venue, he likes the audience, the pomp and circumstance, but he stays on script. he doesn't deviate. look, he has crafted the speech. he gets an hour and a half to talk to the american people. he gets to recognize the people

he wants to recognize. there are millions of people who will watch his speech that don't normally get to see it. part of it is conciliatory, but part of it is also making the case for security. he is on the right side of this issue. that's why i think it will go so well. >> katie: i think the president will make a personal purity will talk about issues that democrats have already voted for. lowering drug costs, health care is one of them, infrastructure, but not just in terms of writing checks and never getting anything in return. talking about regulatory reform, because it takes ten years to get a permit when they decide to go through building a bridge. they want to do infrastructure reform in terms of new pipelines to bring energy across the country to places that are buying it and needing it. those types of things. they are going to focus on every guest at the president has a divided, and the first lady, to the state of the union tonight. we part of the address, the theme, their story will be recognized. people like matthew charles who was a beneficiary of the first step back. he was let out of prison as a

result of that criminal justice reform that democrats supported, along with the white house. >> harris: we will get into a little bit of that. >> katie: and a sufferer of opioid abuse and addiction. they will definitely point her out. as an example of thousands of americans who are suffering through the same thing. harris? >> harris: i want to come back to you on that in a couple minutes, because of a talk about it. cory booker just announced his very interesting pick. jason, you said something that really kind of resonated for me, and as a do that preparation factor for the president. this is somewhat of a rally for him in the sense of ownership of his ideas and promises and his policy. and he is, reportedly -- through kellyanne conway, advisor to the president -- taking a role in shaping this. i anticipate, like you, and from what i'm hearing he will substantively stick to the script. why does that matter? because he gets to kind of one-on-one talk about those issues and make eye contact with the very people who might represent some of those issues.

my question for kellyanne conway yesterday on "overtime" was, "will he say the word wall?" because you start to talk about unity and you unravel that if you put people back in their political corners. she didn't necessarily commit to that, but later she kind of chuckled and she said, as we were talking about something else, "he will always say the wall, harris. he will always say." he will always see it because it's a barrier, whatever you want to call it, but it means the same thing now. she is confident, on behalf of the white house, that everybody's on the seams page. the 17 bipartisan lawmakers. >> kennedy: you know who else is on the same page? his speechwriters. they are probably challenging themselves. if the theme is unity, they have to write stuff that if nancy pelosi doesn't stand up and applaud she will look like a horrible person. i think they're going to craft a speech in that way. they will find messages that are so inspiring and so unifying.

maybe a little bit outside the comfort zone for this president and this administration, which is okay. you can do that in the state of the union speech. and if you don't stand up and applaud those things, it actually makes you look like really bad people. >> katie: there are fewer democrats boycotting this state of the union than last year. i think it's interesting coming off a new election. democrats retaking the house and coming from not leftist socialist districts, but more middle-of-the-road districts that used to be republican-held seats. we will see how they react and whether they applaud for things like, last time, "black unemployment." it didn't get any applause from the black caucus, which is interesting. they'll be pointed out by the white house. his fee when interesting. i do have a lot of first-timers in congress, too. a lot of people who come along and have broken through ceilings on their own behalf, so they are excited to be part of the tradition. now i'm going to get back to what katie was talking about previously. democrats are using their guest list tonight to underscore some political points that they would like to make against the president on immigration pay the government shutdown, and more.

alexandra oco sue cortes' a guest for the saving and is the female activist, for example, cornered jeff flake on live television to oppose his support for the then supreme court nominee brett kavanaugh. we are told she will be wearing a pen that says "well behaved women rarely make history." and a new jersey democrat is inviting an illegal immigrant who worked at one of the president's golf clubs. a lot of other democrats inviting mom and daughter, who were separated at the southern border last spring, federal contractors who missed their paychecks during the partial government shutdown. jason chaffetz, how does this become a part of what gets talked about tonight? >> jason: it really affects the local stories. these will be stories in their own media markets. it who did the congressman or woman bring? on the national scene, yeah, we focus on a couple here and there.

with the president is the one who gets introduce the people he wants and have them stand up and tell their story. it's an important part of the process. it was started by ronald reagan. and now it has become an integral part of what a president does during his state of union. >> harris: wedding hair that list of people come what do you say? >> melissa: i wonder, too, how many people can they bring? >> jason: each member gets one ticket. i've taken university presidents, a guy named brett tolman who helped shepherd through some of the criminal justice reform. and i was the original sponsor of that. >> harris: that he will like who cory booker is taking? i thought that was interesting pick. center cory booker of new jersey has announced that he will bring edward douglas, a former prisoner from chicago, should te state of the union. douglas was given the left and prison sentence the 2003 for selling 140 grams of crack cocaine. he became eligible for release after president trump signed the first step act into law last december.

douglas was released just on january 10th. that, to me, seems like a bipartisan page. no doubt the president is going to take notice of that. >> jason: it was a very good criminal justice reform package. president obama worked on it for years, but he didn't get it don done. it was donald trump who brought the parties together. >> harris: do you think this is a positive for bringing people together? >> jason: i do. i thick as a core part of the message. it was one of the most bipartisan things by the scenes, but president sharp was afraid of that. he wanted to have something. kudos to him. it's something he was able to tout. he did in the bipartisan way. >> harris: kennedy, when you talk about this later in the program, just to give you a good -- >> kennedy: i will be covering it for fox nation! >> harris: what time? >> kennedy: it will be 8:00 eastern time, 5:00 less. go to foxnation.com, get in the app store. download it immediately. enter the content. >> harris: that's information we do know! fox nation tonight with kennedy.

when you talk about the people as the filing income and we will notice them, we have moments leading up that we can take notice of the people have been brought in. what are you watching for when you hear this list of who aoc is bringing, for example? >> kennedy: and watching to see which members of the press seek them out. >> melissa: that's an interesting one. a >> kennedy: of the relationship between lawmakers on the mainstream press who cover them. making sure -- again, the president is able to weave these stories into his narrative. we talked about this last week. he did a really good job in the last state of the union taking these emotional stories and humanizing them, because often times for every person you are going down, as bill mcgurn called it, it a laundry list of items. it gets boring and tedious but every president and subduing it. when you have the stories and you are able to really express what the issue is, with the challenge is, with a human face and voice, that resonates.

>> katie: and showcasing his guests who have been affected by his policies, legislation that he has signed, and projects at the white house has really championed to make people's lives better. being able to show, these are real people who aren't from the beltway bubble, who are benefiting from these things. the one thing i want to say about the guests -- i think it also shows there is a stark contrast between democrats and republicans but who the invite. president trump is inviting a family whose family members were murdered by an illegal immigrant in their home in nevada. you have this woman who alexandria ocasio-cortez is inviting as someone who is a champion of going after brett kavanaugh. well, every single ethics complaint was dismissed against him and every single claim that was brought against him was found to be bogus with no evidence. so if were going to talk about due process, it's very clear that republicans and the president believe in that and democrats do not. >> harris: i would at this, too. house speaker nancy pelosi is bringing a woman who came to the united states from guatemala when she was 9.

a daca recipient. a youth organizer for the coalition of humane immigrant rights of los angeles. this actually fits into the president's narrative. quite well. it just dawned on me as you were talking pure let me find my note on that, because that's something he would want to talk about. >> melissa: that somebody who kind of makes his point. two things i always watch -- one, there are teary moments when they go to somebody in the crowd and they talk about why they are there. i get sappy during those moments, but those not dipping the kind of things that you take away. also, and you get to see who comes over, who's on the aisle, who says hybrid that moment where they come down the aisle. you hear the sound is there coming down. who takes jabs that he was friendly. it's good stuff. >> harris: real quickly, with regard to the immigration guests that she is bringing. >> jason: donald trump has gone so far above and beyond to make a deal to daca recipients, i wish the place was filled with

daca recipients. let him understand that it's only nancy pelosi who stands in their way of being in a better e today. because donald trump is bending over backwards to do that. i wouldn't be surprised, and this late hour, if you know that she's in that audience he might call her out. >> harris: if i know, i would guess of the president -- he has people. i only have you guys! we know it. all right, yeah. great point. we will move on. when it comes to the state of the union address, fox news channel is the only place you want to become along with kennedy on fox nation. that the app, get it. on tv we will have coverage all day leading up to the president's speech. for tonight's coverage, bret baier and martha maccallum will be at the helm. at the reaction late into the evening, keep it here on fox news channel. fnc, for the cool kids. the white house is not responding after federal prosecutors have issued a subpoena for documents related to the president's 2017 inauguration festivities.

what they could mean for the president. is it a problem, or does it support his claims that he is being targeted for political reasons? and new fallout amid growing calls for virginia's democratic governor ralph northam to resign over a racist yearbook photo and more. and the state's lieutenant governor refusing to rule out the accusations as a smear against him. speak out you have someone who you obviously want to medically the press. ♪ ♪ when cravings hit, hit back. choose glucerna, with slow release carbs to help manage blood sugar, and start making everyday progress. glucerna. when a nasty cold won't let you sleep, try new nyquil severe with vicks vapocool and vaporize it. ahhhhh! shhhhh! new nyquil severe with vicks vapocool. the vaporizing, nightime coughing, aching, stuffy head, best sleep with a cold, medicine.

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>> this is going to be the most blatant smear, with things that are completely uncorroborated. the reason it's been corroborated is because it's not true. it will be corroborated because

it's not true. unlike others, i have nothing to hide. and yet someone, who obviously wanted to manipulate the press. >> melissa: that was virginia lieutenant governor justin fairfax responding to allegations that he sexually assaulted a woman back in 2004. fairfax is second in line to the top job in virginia, behind and battled governor ralph northam, who is defining growing calls to resign over decades-old racist yearbook photo. now, another twist. profess have suggested that the celtic aliens are against him ag from the governor's support is. now priorities usa says it will push to oust northam as he is hurting the party. the pack's cofinder writing, if he stays in office and boxes, not only are they endangering the 2020 elections, but democrats in the

presence of race as well. this is a mess. what you think is really going on here? it feels like it muddies the waters of the >> jason: there throwing mud at each other. they are creating problems for themselves. within the governor should set down. i think it's very selfish for him to continue. he's not going to have the bully pulpit in order to make a case. this will follow them forever. i think this hurts the democrats in that they are trying to paint donald trump erroneously as a racist. they have problems of their own and they can't seem to take care of them. granted, a lot of democrats have come out and distanced themselves saying that the governor should step down. i think this is something that they've been unable to deal with so far. >> melissa: does it hurt democrats if you have somebody -- how does this color the whole entire party? they have stood up and said he should go. it's his decision. >> kennedy: changes the

narrative a little bit, when what you're pushing is, "and the i disagree with, especially on matters of race, is therefore a racist." it's a very dangerous place we've gotten with a lot of the name-calling. but when you have someone who has at least part of a questionable background, it makes it much harder for democrats to say, "it's only republicans were racist." the president has reese's followers, that's been easy fishing for them. i think that's what you saw al franken removed from office in his forced resignation, which was so quick. rough martha doesn't have any friends left, though. does it hurt democrats? know, at the new cycle is too quick. there will be 1500 things that happen between now and november of 2020. it doesn't make it as easy for them to put people in convenient boxes. >> katie: but it does hurt them in terms of 2020 virginia winning that state. >> melissa: this is what joe lieberman had to say last night

about how long ago this was. let me ask on the we think about it. >> i think there's a rush to judgment, that is unfair to him. one, he says he wasn't in the picture. two, i think we ought to fairly ask him if he knew the picture was on his page of that yearbook. three, really got to be judged in the context of his whole lif life. >> harris: that's not what you want to ask him, with all due respect, mr. lieberman. want to know how many times he dressed up in bigoted geared to get the nickname, "coon man," which was also on that page. >> melissa: 30 years ago, or whatever it was? >> harris: he was 25 years of the medical school. here somebody who was friends with him. he appeared in blackface and dressed up as a member of the supremes. in the same yearbook. my question was, this was a friend of tell my kids. was going on in his consolation, in a circle, and med school?

he had a nickname. i don't know how he didn't know in the south with the nickname meant. i have a lot of questions. i don't know if any of them has to do with what happens next for him. 25 years old, is that old enough to be responsible customer gets out like he's 90 now. that's a question that people are going to have to answer. i was anchoring the evening newscast at that age. so i would like to know, what other -- >> jason: that's different than a 14-year-old doing something they don't understand. you look at the press conference, and the explanation. that none of that leads to any degree of confidence, and there doesn't seem to be any sort of contrition. no apology that you feel is heartfelt. it's like, this was a huge problem. >> harris: the first one was an apology when he said a similar picture. >> jason: then he changed his mind. >> katie: this is the worst peer disaster you can ever imagine. first he admits he was in the photo. he won't say whether he was in the kkk hood are in the blackface. >> harris: interesting

choices. >> kennedy: the fact that he can't remember is problematic. >> katie: he said he said it long enough to know that it wasn't him, which means he had to think about what it was him or not. then he says he does know how it got on his page and that it was a mistake. he blames it on other people. and today he is refusing to step down from the position, so that an african-american lieutenant attorney general -- lieutenant governor, i mean -- can come in and ascend to his position and power. if that doesn't look bad, that i don't know what else is. being governor of virginia is one of the most powerful positions in the country. he's refusing to step down for his own selfish reasons. it does hurt democrats in terms of the polling. his pulling levers have dropped. >> melissa: and it keeps his story out there. >> kennedy: you saw what happened with brett kavanaugh, and now the going assumption is, "if i just stay here long enough they can't kick me out." and the new cycle will move on to something else completely. i think that's what he's doing. he has run out of friends, though. >> melissa: congresswoman

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♪ >> harris: new york congresswoman alexandria ocasio-cortez has unveiled new details of her much talked about green new deal. it's in a letter to her colleagues. the freshman democrat also asking for support for a resolution which outlines a plan to eliminate carbon emissions in the united states in a decade. the letter reads, "we call for a national social industrial and economic mobilization at a scale not seen since world war ii." christopher klatt, a physicist and founder of a clean energy consultancy firm, estimates the core of the plan could because at least $2 trillion.

he says, "is a daunting task and i'm not sure the authors of the green new deal fully comprehend how much they will be needed. how much they will need." even sympathetic experts are casting doubt. paul bledsoe, strategic advisor at the progressive policy institute writes, "i understand the value of aspirational goals. my personal view is that it undermines the credibility of the effort." what do you think? >> jason: i think it's absolutely ridiculous and over-the-top. she is spending money, and her world, by trillions of dollars. the problem is that she really is the leader of the democratic party at this moment. when she said something, everybody tends to follow it. every presidential candidate. it's, "are you on board? yes, i'm on board." close with that of the jewels of the plane. let me give you a sense of how big this is. if you spend a billion dollars they come, it would take almost 3,000 years to get to $1 trillion. you want to go and spend between

$2,000,000,000,000.7 trillion? i always love, by the way, when people say, "we have to get electricity." it comes from fossil fuels. >> harris: kennedy, what do you do about the situation with how much money be spent? we haven't gotten any smaller republicans. with bicameral in the white house, any of it in terms of how big government is. so we spent a lot of money anyway. >> kennedy: we do spend a lot of money. i put some of this on paul ryan, is that he would cut entitlements. he didn't do it. you have to have some sort of entitlement reform in order to keep the government going as is. that is without adding new ones. the way that they are talking about this, and the way they are talking about addressing historical oppression through the green new deal, it is essentially an entitlement. i actually share with the congresswoman, the desire to be off of fossil fuels. i share the desire to no longer

prop up regimes like we have in venezuela and saudi arabia. i would love for the united states and no longer be oil-dependent. i don't think it's the governments job to spend trillions of dollars that we don't have the check for the $21 trillion hasn't even shown up yet. that's going to gobble up most of general budget. you could rely on the incredible innovation and private industry in this country, which will solve those problems without government force. >> harris: the sierra club, tom steyer's nexgen america, as well as veteran democrat representative earl blumenauer of oregon, all among the first backers of boccaccio cortes' green new deal. you pointed this out. all the groups in the memo listed as endorsers are "pending final resolution linkage." you're right, they don't know exactly what's in it at this point.

>> jason: but they are all endorsing. >> melissa: i always love how confused and misinformed she is on the facts, and when you come down to this quote -- i love it, when she says "it will generate millions of good, high wage jobs." actually, factually, it will do exactly the opposite. according to the bureau of labels to take six we need thousand new i.t. workers every year right now for all the technology that we have going on in our economy. we are only producing 40,000 of them. we are creating all of these jobs right now that are open. she wants to create even more. we don't have the training for it. at the same time, returning to mckenzie, we are automating a lot of this other technology on the other side of the spectrum. the closer we come to it it creates automation and more jobs we don't have people for periods of her plan will hasten this skill gap and put people out of work at the dramatic pace, according to our own government. >> katie: i'm glad tom steyer is on board. maybe we can confiscate all of his billions of dollars and still not pay for the $2 trillion. the truth is that big programs like this are done by force, not voluntarily.

especially if you do it over the next ten years. it's going to be the middle class that's paying for it. not the rich, with the tippy to be tough. it's going to be you and me come every day americans are going to paying for this. the fossil fuel industry does get subsidies, but they can survive on their own if you take them away. the green energy field cannot survive and will implode without the government propping it up. by the government continuing to prop it up, it doesn't encourage innovation for new technology because they have a crutch of the the american taxpayer. >> harris: all right. i think we got it. >> katie: no to the green deal. >> harris: talks over president trump's border will continue now. while the president has hinted he may declare a national emergency of congress doesn't agree on a deal. we have heard that and we are moving closer because of the deadline for them to come together is february 15th. while the republicans are already divided, and whether it can cause a deeper fracture. can they be a deeper one, politically?

>> kennedy: oh, mercy. >> this is a defining moment of this presidency. it's not just a bout a wall. it's about him being treated differently. ♪

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to get great advice. call today. a place for mom -- you know your family, we know senior living. together we'll make the right choice. ♪ >> kennedy: welcome back. negotiations to fund border security continue ahead of the february 15th deadline. we are in february, by the way. to fully fund the government. at least two members of the committee, patrick leahy under public and senator richard shelby, say they are both optimistic. however, president trump has hinted that declaring a national emergency if congress doesn't give him funding for a border wall. senate majority whip john cornyn says that could start a very lengthy court battle. watch. >> we know that if he were to do that they would likely end up in litigation. we dragged on for years, and there would be a question

whether there be resolution of disapproval that miss pelosi might generate from the house. which i think would be an unnecessary fight for us to hav have. >> kennedy: me meantime, he says we need to stick with the issue on the portable. >> to every republican, if you don't stand behind this president, weg to stand behind you. when it comes to the wall. this is the defining moment of his presidency. >> kennedy: yesterday, senate democrats getting out of a potential national emergency declaration introducing legislation that would prevent using military and disaster relief to fund a border wall. my goodness. this has gone to a place where no one wants another government shutdown, because the first one didn't do anything. the next one could be in a few days, really. the president feels that his only option is to declare a national emergency.

that could backfire in the near future with the next administration, certainly. >> jason: i like that senators shelby and cornyn have optimism, but they have to get the repair they've only met for one day. that's it americans find inexcusable. like i said come up with bedroom and locked the door until i find an answer. the president always already hs authorization. there's a lot in the book to give authorization to build a wall. it's a question of funding. i don't like the president using emergency powers and a declaration. as much as i like him, i sat there while barack obama did some of these and i hated it. i don't want to get them more power. as much as i like this. the president can do is transfer funds within the to bartman to homeland security and help build the wall. that he can do, that happens on a regular basis. >> kennedy: double cancer extending, at least some of them. a group of them are talking

about dhs. but no wall language. >> harris: was interesting, lindsey graham saying that if you don't support the present we will be with you. what does that mean? >> jason: we won't receive money. them >> harris: when you've got leadership in nancy pelosi, what is she telling her fellow democrats? there has to be some sort of inherent carrot or stick there. in order to get a deal done they will have to go broke. is she also going to thwart the money? politically, what's at stake here? because they will have to go broke to get a deal done. >> jason: i think her point is that it's a lot about semantics. they don't want to hear certain words. somehow, someway, red a resolun has to come. >> harris: to the real have to be happy? don't they just have to have the

american people in their sites and get the best deal for all of us? >> melissa: that group in the room could definitely come up with something that would -- something for everyone, and something for everyone to hate. that's otherwise known as a deal. nancy pelosi promised early on that whatever came out of that group, that working group, she would take it to the floor for a vote. so it doesn't even have to be necessarily about her if those people can come up with something. if the people in the room don't come up with something that can pass, they could all resign and go home. that's it, that's their job. we are at a crisis point. but to give it. there's a deal to be done. that was up to us -- >> harris: i believe it was winston churchill who said, "put up or shut up." >> katie: it's a result of decades of congress refusing to do their jobs. and take president trump completely out of it. he's not there sitting in front of this bipartisan commission of 17 people who have ignored the experts for two months, but not all of the sudden they are interested in what they have to say.

listen to the border patrol agents, to the i.c.e. agents, to the human trafficking experts. they will tell you that a barrier is necessary. if republicans -- he voted for this before. democrats voted for the 2006 act, assorted republicans. there is no excuse to not give the people on the ground with a been asking for for years. we are at a crisis point where there are thousands of people who are trying to come into the country illegally. >> kennedy: that's interesting. you are right, they were saying the same thing using sightly different words. eking of words, federal prosecutors ramping up their investigation into president trump's inauguration, now serving his inaugural committee with a subpoena. how concerned the white house should be. it's all coming up next. >> there was one individual, a gentleman who apparently had been a fund-raiser for both hillary clinton and barack obama. according to reports i read, trying to get in rooms into the trump inaugural. so i only know what i've read about the subpoena and i'm sure we would be able to comply. ♪ i don't keep track of regrets.

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>> melissa: more "outnumbered" in just a moment. first, let's check in with harris and see what she's got cooking for "outnumbered overtime." >> harris: there's a lot going on the sorry. a top republican in the senate, john thune, will join you to preview tonight state of the union address. first, before a divided congress.

what to expect and how that can affect ongoing talks between border security and funding of government and more. then, senator rand paul about why he booked others in his party. he voted against the senate amendment rebuking the president's plan to pull trips out of syria and afghanistan. he agrees with the president. more at the top of the hour. back to you. >> katie: federal prosecutors in new york have subpoenaed documents from the inaugural committee. they seek information on the committee spending including information about payments made directly by donors to vendors. we should be a violation of rules. the skaters over also looking into whether they accepted money in exchange for access to the white house. lastly, they request information on a los angeles-based financier. he's a past donor to members of both parties, including president obama and hillary clinton. he gave to the trumpet inauguration, as well. here's white house press secretary sarah sanders. >> it doesn't have anything to

do with the white house, and i think the biggest focus and the thing that most americans care about has nothing to do with the inaugural and everything to do with what the a path forward looks like. >> katie: a spokesperson from the inaugural committee releasing estimate to fox news. "why while we are still cooperag , senator jason chaffetz has given the subpoenas. what should that mean? >> jason: i don't have any problems with them reviewing the books and look at what's happening. it's a legitimate oversight. what i have a problem with is that the same federal prosecutors don't go look at uranium one. they don't look at the clinton foundation, where there's a lot of evidence of quid pro quo, pay to play. when you have hundreds of millions of dollars going to the clinton foundation and they don't spend even 10 minutes looking at that, that's where people think there is a robe. i think it's a legitimate investigation. but see where it goes.

hopefully nobody did anything wrong. but if they did... >> katie: that's a big question. the president has said it's a witch hunt, they have been looking to the inauguration. is this just an accounting, making sure the dollars were used properly? or is this something that is politically motivated? >> melissa: the government has finally decided they can do math and they're going to work on accounting, it would be so awesome if they got to work on the deficit, on spending, a million other things. like you, i don't want to see any of this go on. if this is what it is. but it seems like it is rampant. it's all over washington. this is what we all hate about the swamp, and about washington. they have so much work to do. get to work balancing some other things. sure, through this and there, too, but come on. this is what we all hate politicians and politics. no offense. [laughter] >> jason: i'm a former one! i'm in rehab. [laughs] >> katie: kennedy, this goes to the question of whether there

were exchanges for money. does somebody donate to the inaugural committee and think they will get special treatment or access to the white house, as a lobbyist? >> kennedy: i think that's what everyone assumes when they make a big political donation. that's what they are buying. they don't just donate money to campaigns and pacs and everything else out of the kindest of the heart. and certainly not somebody who donated to barack obama. she started donating money to the president's inauguration committee. he wanted access to power. he was lobbying on behalf of sri lanka, and the question is, are we sick of it? are we sick of it on both sides? people should be. melissa is absolutely right. do you hope that finally in washington they are able to look at both columns and realize when they don't reconcile, though they have a spending problem. >> katie: jason, that's a question about the inaugural committee. if they look at the trump inauguration, will leave look back at previous presidents?

that all the money was okay and they were in favor is being access? >> jason: the differences there has to be evidence of wrongdoing in order to proceed with that investigation. just go on these fishing trips, and renew extrapolate all the things that these democrats want to look at, the 86 some odd investigations, they are presupposing the conclusion as opposed following the evidence on the facts. that's where it's problematic. >> katie: problematic pay the former congressman has spoken. more "outnumbered" in just a moment. ♪ there's little rest for a single dad,

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starting at 8:00 p.m. western, 5:00 in the west. it's going to be a great night. lot of fun. >> melissa: no more time for them online. we'll get right on over. back here at noon eastern tomorrow. now it's harris. >> harris: we begin with the fox news alert. the state of being in this just hours away as the president is failing to bring a message of unity to a divided government. this is "outnumbered overtime," i'm harris faulkner. a big day in washington, d.c. president trump preparing to deliver his state of the union address tonight. the delayed speech will be the first time he has spoken before a house controlled by democrats. the president is expected to seek common ground as he looks to highlight key items on his agenda, including integration , prescription drugs, and prices. white house press secretary sarah sanders with a preview. >> i think you will see an incredible speed by the president, a visionary speech. the theme of this year's state of the union is choosing greatness. the president is going to lay out some of the great successes