nine seasons of that series, and it all started with the birth of laura ingalls wilder. 152 years ago today. speak to don max piece of it i know someone who know something about that! [laughs] >> sandra: she might become a up in just a minute! speethirty five a starting now. >> melissa: fox news alert, new action to the crisis for democrats in virginia. but actually run the country. virginia governor ralph northam resisting calls to resign over a racist yearbook photo, as lieutenant governor justin fairfax faces a sexual assault allegation. attorney general mark herring admits wearing black face during college party 1980. this is "outnumbered." i'm melissa francis pretty today is harris faulkner. fox news contributor lisa boothe is here with us as well, and democratic strategist and fox news contributor leslie marshall. joining us on the couch in the center seat, fox senior judicial

analyst judge andrew napolitano. he is the host of "liberty file" on the fox nation at. we have a lot of legal questions for you today. >> judge napolitano: yes, we do. >> harris: i love "liberty file," by the way. i have the app. >> melissa: and we have to pay for it. in case anybody is wondering. >> judge napolitano: $6 a month. >> lisa: also, best laugh on cable television. [laughter] >> melissa: virginia facing an on known path forward whether the top of visuals hanging out their jobs. lawmakers from both party weighing in on capitol hill. >> from long time, people tried to say it's a republican issue. we are finding out today it's a human issue. it's unfortunate that we are finding this out so late in the game. >> i'm shocked and incredibly disappointed. this has been an awful week for virginia. i'm just getting --

>> melissa: if all three democrats were to leave office, then republican speaker of the house kirk cox would be next in line to become governor. however, there is a scenario where attorney general herring resigns and deputy ag cynthia hudson, the first african-american woman to hold that position in virginia, would be next in line for the governor 's mansion. in the meantime, president trump tweeting, "democrats at the top are killing the great state of virginia. if the three were republicans, far stronger action would be taken. virginia would come back home republican in 2020." now the editorial board of "the washington post" calling on governor northam to resign. here's how "the new york post" covered it on their front page, just in case you didn't see it. this is what i woke up to this morning. i get "the new york post" in my front door. "virginia is for losers." i always tell my kids we can't

say stuff like that. poking fun at the tourism slogan is what they were doing there. judge napolitano, let me ask you from a legal perspective. they were talking about the moves they can make in order for the democrats to stay in power in virginia. this idea of the ag resigning and replacing him before the governor resigns. >> judge napolitano: it's doable legally, but i don't know that it's doable politically. the constitution of virginia didn't contemplate it. this type of musical chairs would happen. of course, the constitution didn't predict what they're going through now. this is far more political than it is legal. i'll tell you with legal -- governor northam cannot, cannot be impeached. the virginia constitution is very clear that officials can only be impeached from statewide office for things they did while in office. whether he did this or not, it was 35 years ago. the lieutenant governor fairfax cannot be impeached, because whether he did this or not, it

was 15 or 20 years ago. the same thing with the attorney general. their decisions are political. when rigid richard nixon resigned, back in history in a different scenario, it was because barry goldwater and howard baker -- two republicans he respected in the senate josh said, you can't govern anymore. nobody takes you seriously anymore." if governor northam gets a message like that from his own democrats, he will have to rethink whether he wants to stay in office because he is a powerful governor, a state with a powerful government with lots of levers of power. the people can't suffer because the governor's impotence. >> melissa: leslie, let me ask you -- do because democrats want to hold power in virginia under the circumstances? would be better to back away from the limelight? what would it mean from the national party? what the rest of the democrats around the country stepped back in virginia so the spotlight goes away? >> leslie: virginia is

different than most states in the gubernatorial situation because they have one term, first of all. second, democrats saying they have a zero-tolerance policy -- whether that's for racism or sexism -- democrats have to step up to the plate, here. i don't know what northam is going to do because he, on monday, said he was still weighing his options. part of the problem is in virginia -- this is a political nightmare not just in virginia. it hasn't yet, but it could have a rippling effects on the national level. which is why you were seeing so many democrats calling for him to resign. that would go down the line. to your point, judge -- and also melissa -- i think honestly, and the best interest not only of the democratic party but the people of virginia, they elected a democrat to be governor. to me it's sort of like the people -- i don't think virginia is for losers. the people of virginia aren't losers. but they would lose if they got a governor of an entirely different party. so i think the deputy attorney general hudson would be -- if they can maneuver it,

and i think they should maneuver it because she is a woman, african-american, a democrat, and it gets rid of the nightmare with in virginia of the alleged sins of one and the sins of two others. >> lisa: here's the thing, everybody keeps talking about the impact on the trains on the elections and they are forgetting that there are legislative elections coming up this november in the state of virginia. look at the virginia house of delegates, the state senate. the margin is really tight for the republicans controlling the majority. there's also the impact of what this has on those elections. as leslie pointed out, you only have one term governors in virginia. there isn't a lot of pressure for northam to resign. i actually don't think he's going to step down because of that fact. if you look at who currently are the senators of the state, you have warner and kaine. they aren't going anywhere. what will he do? there's nowhere for him to go, politically. what is the pressure for them to step down? i don't see them doing it.

>> harris: was interesting about what you just said -- look at the house speaker. he's republican. he would be next in line after the ag, who also says he wore black face at a party or whatever. so you got kirk cox sitting there. he called for northam's resignation earlier on. so it is interesting, just intrastate politics that would go on depending on whether northam gets to pick another democrat. hold on a second, judge. my question for you, leslie, what is worse for your party at this point? one of the people in succession to the governorship is having a #metoo moment. the other one is having an #areyoukiddingmewearethisfarint oourfutureawayfromthemenstrualan dblatantdisplaysofracism moment. what's worse? when all of them all go? what are you hanging onto at this point? >> leslie: i don't like anyone

is hanging on. i was one of the first people to call for his resignation. >> harris: that's not what we're hearing from anybody anymore. they are very early on. it seems to have quieted down. >> leslie: democrats and republicans. >> harris: even where fairfax is concerned, he said, "i'm going to wait and see what this looks like." >> judge napolitano: in what forum are we going to find out what it looks like western xp when she's got representation now. >> judge napolitano: what will you be a hearing where we get to determine who is more credible, the lieutenant governor his accuser? i don't know. it's not like a kavanaugh hearing where they has to testify. about the legal issues -- if governor northam succeeds, whoever succeeds and is going to -- that person can run for another term. >> leslie: and then the one term doesn't apply, that's a good point. >> harris: meanwhile, the woman accusing virginia's

governor to lieutenant governor for effects of sexual assault, she has released a statement detailing the accusations from 2004 in boston. dr. vanessa tyson is a professor at scripps college and a stanford fella. her statement reads, "what began as consensual kissing quickly turned into assaults. i can't believe, given my obvious distress, that mr. fairfax thought his forced act was consensual." he said there encounter was consensual, and in a new statement he posted on twitter, he wrote, "at no time did she expressed to me any discomfort or concern about our interaction, neither during that account or the months following it when she statement touch with me." some democrats immediately sided with dr. tyson. virginia congresswoman jennifer wexton tweeted, "i believe dr. vanessa tyson." this scandal is also raising new

similarities to allegations against now supreme court justice brett kavanaugh by dr. christine blasey ford. dr. tyson has hired the same attorneys who represented dr. ford. the lieutenant governor has retained the same law firm that represented justice kavanaugh. >> judge napolitano: you can't make that part of it up. i think they hired these people, these lawyers, because these lawyers were very astute at p.r. as well as whatever legal issue issues. as melissa said earlier, i don't know what the legal issues are. they could be no impeachment hearing for lieutenant governor fairfax at which professor tyson would testify. because this happened before he was in office. so i don't know in what forum, other than the public arena -- >> harris: that matters -- speech he would be defamation or something? >> judge napolitano: a but you have to start a lawsuit, you're talking two years before

somebody would be tried. >> harris: that's why the arena matters. because this thing gets thrown into politics. >> judge napolitano: does it have credibility question went to the people exercising levels of power have credibility? that the decision to be made by the people of virginia. >> lisa: i think the answer to that -- i'm a virginian, and i don't think these lawmakers have credibility. i was one of the ones during the kavanaugh hearing, i believe in due process. what's so difficult about the situation with justin fairfax, it's very difficult to get them on foot. i will say there is more evidence in this in the sense that the accuser remembers that it happened in the 2004 democratic national committee should. both of them have said there was some kind of relationship that took place. what i do think this does is crystallizes the double standards that exist both in the media in the way they treated kavanaugh versus the way they are treating justin fairfax. where the protesters outside of his office saying that this is wrong? we believe all women.

>> harris: a presidential candidate has spoken months ago, kamala harris, senator. let's watch. >> i think the letter written by the woman reads as credible, as a credible account. i think there should be an investigation to get to the bottom of it and determine the facts. >> harris: that woman also happens to be a doctor and a professor. there are some similarities with christine blasey ford that people picking up on today. calling out democrats -- and you hear kamala harris, some of them are believing, as she said, "the woman." this is an issue that just last summer had the whole nation divided. leslie? b3 i'm a woman before i'm a democrat. 98% of accusations of sexual assault by women toward men are correct. they are not lying. this event means approximately

2% are lying. >> harris: where do you get that statistic? >> leslie: statistically, this is in an article that i wrote about. when christine blasey ford came out, i wrote it for fox news. i believed her, i believe this woman. in this situation, it could end up being -- like in the other situation where i also believe dr. ford -- that we do have judge cavanaugh sitting on the supreme court. and it could be that this gentleman could become the lieutenant governor. >> lisa: why don't you see protesters outside his office, dressed as "the handmaid's tale," and all the things that were applied to brett kavanaugh? why aren't we seeing that? >> leslie: i think you will see that, especially since the letter came out. you're having more democrats, more women -- myself included -- being more verbal and open about this. i think they view a sitting seat on the supreme court as a different position -- >> melissa: it's a lifetime

appointment. >> judge napolitano: we can parse a lot of disagreement, and distinctions between the two. but our democrats treated differently when they are the accused, over republik and when they are accused? >> leslie: we saw a partisan split with the belief of dr. ford, pretty much. i hope that changes. >> harris: we will move on. democrats led by freshman congresswoman alexandria ocasio-cortez today officially introduced the green new deal. doubling down on a far-left agenda. the potential effect of democrats embracing big programs in 2020 paid some of them or issuing statements as we speak. plus, president trump went after intelligence chair adam schiff over a sweeping new investigation. could it hamper the president's ability to govern? do democrats risk going too far investigating this president? we will talk about it. ♪ if you're a veteran homeowner and need money for your family, call newday usa.

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simple. easy. awesome. stay connected while you move with the best wifi experience and two-hour appointment windows. click, call or visit a store today. ♪ >> melissa: president trump and top democrats clashing over congressional probes after house intel committee chairman adam schiff announced that his committee will undertake a sweeping investigation that would go "beyond russia." the probe will apparently look into whether the president's financial interests are driving his actions in office. president trump tweeting, "are now congressman adam schiff announces, after having found zero russia collusion, that he is going to be looking at every aspect of my life, both financial and personal. the republicans never did this to president obama." chairmanship tweeting, "i can understand why the meaning of meaningful oversight turf is the president. silver of his close associates are going to jail, others await

trial, and at criminal litigations continue. we will do our job and will be distracted or intimidated by threats or attacks." i just want to point up for the record, here. these facts are from the folks over at forbes. my financial reporting capacity, i know these guys are darn accurate to the point of making people feel comfortable at times. they estimate that the president's licensing business has lost $50 million, that the trump condo towers are down 33% from their highs. but overall hotel revenue is down $30 million, all since president trump announced. three of us major hotels have been stripped of their branding because it is so polarizing. in other words, he has lost more than a billion dollars as a result of becoming president. when adam schiff he wants to see if he is using the office to

profit -- >> judge napolitano: where is he going? >> melissa: it seems pretty clear he's not. even if he was trying, it's not working. >> judge napolitano: here's the problem for the president. if the government wants to investigate somebody for potential criminal event, they want to start the investigation, they have to have a kernel of evidence. what we call articulable suspicion. they have to be able to articulate a stated fact that is criminal. congress doesn't need that. congress has written laws that allow it to investigate anybody for anything. we talked during the break. they famously investigated roger clemens over the content of his urine. where is that the constitution customer there is no limit to what they want to investigate. in my opinion, they want to run a shadow investigation alongside mueller's. mueller, under the law, cannot reveal what he finds until he files dockets in court. the democrats can conceal -- any member of congress -- they could conceal or reveal whatever they want. mrs. pelosi said this morning, "i think most americans want to

see the president's tax returns." that is not a basis to invade his privacy. he has the same right to privacy as everybody else. but the democrats are going to do it. >> melissa: go ahead, harris. this be when i was just going to say, how does that come about? who calls them on this? if you are telling you that cannot be done between -- then how does that happen? >> judge napolitano: it can't be done from a perspective of right versus wrong. they can be done from a political perspective because she has a 40-vote majority in the house and they have a substantial numerically proportionate majority on the house intelligence and house judiciary committee's. they serve a subpoena, the president refuses that, they won't serve it on him. they will serve it on some neutral party like the irs. then a judge will call. >> harris: real quick follow-up, then brady said these are parallel lanes. you got them either investigation an end a house investigation. what if they come out with different answers? >> judge napolitano: that's for the market public to addres

address. >> leslie: i think it's fair for president or pacific harassment here. because it is congress' duty to provide oversight. when you look at things like security clearances and some of the things democrats said they are going to do, that's perfectly fair. but to continue to investigate something where we already have a special counsel that has spent tens of millions of dollars of taxpayer money, it's been going on since 2017, what is the point of that? also, democrats continue to move the goalpost. originally was collusion, that is obstruction of justice was coming. then it was the tweets. now it's any business dealings ever done. to melissa's point, why would anyone in their right mind he was a successful business person, man or woman -- if if yr obra -- why would you want to run for president? if this is what you're going to face? the speed to the worst thing you can do to your brand is make a political. that's basic finance 101. speed went to see her sit with federal -- >> leslie: there's a couple of things here. i think a lot of democrats voted for some of these democrats, especially new democrats in the

house, to do this. to have these investigations. >> judge napolitano: their base wanted it. >> leslie: not just democrats, there are people who want the whole truth. there was testimony that devin nunes did not reveal that i think congressman adam schiff is going to put out there interview in the sense that let it be decided on their end of the court of public opinion. obviously there will be able to do anything in a court of law. >> lisa: so is mueller not getting to the truth? >> leslie: i think he is going to the truth. quite frankly, lisa, how many investigations were there over butthurt emails? over benghazi? the list go on's. it seems right now that we are in this investigatory political climate. it could hurt the party. >> melissa: nothing ever comes of these investigations. >> leslie: i would agree with you. >> melissa: elizabeth warren continues to be dogged over the controversy of her past claims of having native american heritage on official forms. why the firestorm is hardly over. and the questions raised by her viability is presidential

candidate. >> are you think about dropping of the race? ♪ let's take a look at some numbers:

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or swelling at the injection site and constipation. talk to your doctor about aimovig. and be there more. ♪ >> why did you list yourself as an american indian on this texas bar application? >> this was about 30 years ago, and i am not a tribal citizen. tribes and only tribes determine citizenship. when i was growing up in oklahoma, i learned about my family the same way most people do. my brothers and i learned from avram and our dad and our brothers and our sisters, and those are the family stories. >> senator elizabeth warren speaking late yesterday afternoon, continuing to apologize for claims that she had native american heritage, including on a registration card for the texas state bar. the senator says she is sorry

for any "harm because," but insisting she never benefited from any special treatment. the controversy has dogged her as she is expected to officially announce a run for the white house this weekend. "the washington post" is writing about doubts. how much damage as you might do, especially given democrats focus on finding a candidate who can defeat president trump and what she might do to move past it. the senator herself, was littered to say when asked where voters were thinking that she was still in the race. watch it. >> how do you think voters will react to this? >> i'm sure there are pundits who will have an answer for tha that. understand, this is from the heart. >> have you considered dropping of the race? >> [silence] >> harris: this has been going on a long time. 2012, i looked this up,

may 2nd -- i don't know if you guys remember -- but she was in a long back and forth. it started with a boston herald story in the spring of that yea year. i listed myself in the directory that it hopes that it would mean i would be invited to a luncheon, a group something, with people who were like i am." there was second, 2012. in that back and forth she explained that she listed herself as an minority and past professional directories because "i thought i might be invited to meetings where he might meet more people who had grown up like i had grown up." this stubborn and not going away, judge. >> judge napolitano: i think it shows a serious defect in her thinking in a serious problem with reality and truthfulness. when she made this application to texas in 1986, the state of texas was not authorized to compel her to reveal her ethnicity. she was basically saying to texas, "i'm a graduate of rutgers law school, i'm admitted

to practice in new jersey, i want reciprocal privileges in texas." she chose to answer that. she chose to put it down. it wasn't relevant, it wasn't fraudulent. it was just something she wanted them to know. why? >> harris: when we look at his handwritten card -- amanda want to assume whose handwriting, because there are a couple different handwritings there. one is in red and that might be more of the authority at this registration office. but when you look at it -- what you are saying is, it says "origin." she didn't have to answer that? >> judge napolitano: correct. and as a lawyer she knew she didn't have to answer that. on the other hand, texas can't take that into account. texas' only issue is, "are you a graduate of an accredited regiment law school?" yes, rutgers. she's admitted to practice in new jersey. that's all she needs to know. she chose to tell them an untruth about her race. it wouldn't affect their ability to admit her at all. >> harris: hold on one second. still, and that back and forth,

in the year of 2012, "i still have a picture of my mental at home, it's a picture my mother's dad. the picture of my grandfather and my aunt. i've walked by that picture looks a thousand times. my pop i had high cheekbones, like all of the indians do, because that's how she sought. i will figure out the same great cheekbones and i didn't." though this was the bad deal she had gotten in life, being native american, it's been part of the story. i guess since the deer was born. i don't know how else to describe it." leslie, i want you to respond. >> leslie: exit this yesterday and they really believe it. first of all, this is a nightmare of her own making. clearly. she has apologize. if she's going to run for president or not, move on. she is actually dragging this out. he won knowing that she has said this, that this is part of her history -- is that -- >> leslie: i don't think she's lying. in my gut, i think -- >> melissa: she is lying and i will tell you why.

>> leslie: i have so many stories for my family -- >> lisa: melissa, why is she lying? >> melissa: this is the problem with the whole situation. she's lying about why she wrote it down. if you just came clean about that, she said, "look, at the time i feel that all these forms, and sincerely believe this to be true." "i wrote it down because i thought a wide but i would benefit from being an minority." if you believed you were at a native american you would write it down because you'd want the benefit on the road! and he would have a right to it! >> leslie: the judge said, in texas she wouldn't have benefited. >> harris: but now we know because she has her own words that i just read. >> melissa: there's nothing wrong with that. what's wrong with it is that right now, every time she talks about it she continues to lie about why she wrote it down. >> harris: but how does this hurt her with the state she's in? >> lisa: i'm glad you're asking, because that's what i wanted to talk about. [laughs]

melissa answered the why, but the problem is that this undercuts her central theme and the entire premise of your political existence. that has been fairness, it's about equal treatment, equal application. >> judge napolitano: good point. >> lisa: but she did not do that. she gamed the system and this is why she will never go anywhere politically. she is now politically dead, essentially. also, what this represents is president trump's ability to go to people, goad them with his name calling and trolling, and to do something stupid. this has been an issue for her, but didn't come out to where it's publicly damaging until he goaded her into trying to answer it with the campaign rolled out. inevitably -- >> harris: but nobody go to terry to having to walk up to the microphone yesterday. as leslie said, she is at this point -- >> judge napolitano: is she over with no caps in massachusetts? >> leslie: i don't think so. speedo don't ask me when i don't see it with their own state. they didn't resonate with them in 2012. i don't know without would be difference.

melissa said, this is how our family saw this. that they had that picture. she could just say, she could repeat what she said in may of 2012, i suppose. >> lisa: it's bad. >> judge napolitano: is she still going to announce on saturday? >> harris: should she run? >> leslie: i said before, she will be the nominee even if this hadn't occurred in. >> harris: should she key people's money to help her? [laughter] >> leslie: if you want to give to her, why not? >> harris: it's a race against the clock as lawmakers were to reach a deal on border security and avoid another government shutdown. what a deal could look like and whether the president would sign it. a debate. you don't want to miss it. ♪ i don't keep track of regrets.

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congressional staffers say monday is the latest third group can finalize legislation without having to pass a short-term spending bill to avoid another government shutdown. now the members saying a deal appears in reach after a closed-door briefing yesterday from border patrol officials. one more potential hurdle -- house majority leader steny hoyer saying that even if they do reach a deal he has no confidence the president will sign the legislation. as to whether that measure would fund a portable, here is one top senate democrat, dick durbin. >> i'm going to hold back and making a public cement on that. let me say that the issues of border security are being discussed honestly and openly. that there is an effort in this conference committee to reach a bipartisan agreement. i think people of goodwill can do that. >> melissa: n, here is acting white house chief of staff, mick mulvaney on hannity last night. on his commitment to build a portable. >> he is.

we would love to work with congress to do that. that's the right way to do it, the easiest way and fastest way to do it. if congress will participate and won't go along, we will figure out a way to do it with executive authority. let's be clear about this, with legal executive authority. this is not a circumstance of the president over stepping his bounds. >> melissa: mulvaney also announcing that he has invited a group of bipartisan lawmakers, to camp david this weekend. it's being called "an honest get-together" to reestablish connections of both sides of the aisle. i'm going to start with you, lisa. i'm feeling hopeful that this little gaggle of politicians that have gotten together to get something done, left to their own devices, as nancy pelosi said, could actually get this done. am i a fool for being hopeful? >> lisa: you are never a fool, melissa! [laughter] i actually think they will get something done. you might have new border fence and, perhaps not a "wall" but may be some sort of additional enforcement along the seven

border. i also think you will see a really nearly crafted bill, probably without anything with dreamers. >> melissa: nothing? >> lisa: i don't think so. congress has not been able to address the issue for so long, there's a limited window. i don't think you will see any sort of conference of do get done. i think it will be limited in scope. we found out from the state of the union is why nancy pelosi didn't want president trump to give the state of union. you had something like 76% of viewers -- at least according to cbs polling -- approve of the speech. 72% approved of his immigration policies. almost 50 million people watching. that sure would have helped during the government shutdown one public opinion really mattered. >> melissa: leslie, what you think about that? >> leslie: i'm hopeful, too. and i'm a pessimist. [laughter] >> harris: no you're not! >> leslie: i am, i am! this is what they need to do. this is why i think it's exciting when we have two parties who have power -- the democrats have the power in the house, the republicans have the power in the senate. because this is how the

government is made to work. both sides are supposed to sit down, hash it out, together. the problem here is i am fearful -- here comes the pessimism coming in. [that whatever they come up with is not going to be pleasing to the president. this is what it comes down to. if the republicans can spin it to their constituents, if the democrats can spin it to their constituents, and if the republicans can spin it to the president, everybody gets what they want. >> harris: the president has already said that he is continuing to -- and i would imagine, take money that he would be given. i don't have to imagine. he said he will use that to a stroke some of what's already u up. that means it's potentially a barrier or a wall being used for that money. the president can only. democrats can protect themselves by saying, "we helped put that up so we already agreed." >> melissa: there is news coming out rather it's very appropriate to the conversation we're having right now. fox's confirming that

appropriations chairman senator richard shelby told reporters he had a meeting with president trump, it went well, and shall be the deal over the weekend or by monday. so it sounds like that knocks out leslie's pessimism there. [laughter] the president is going to put the kibosh on it. >> judge napolitano: i hope it knocks that what mick mulvaney said. i've known him for years and i respect him, but there was no legal authority for the president to spend money that hasn't been authorized by congress. they should be making the effort. the democrats don't take it seriously. so i'm happy about what you just read, because compromise is the way to go here. >> melissa: i never believed -- >> judge napolitano: not bludgeoning people with an executive order that will be invalidated as soon as it's challenge. >> melissa: there you go. all right, liberal liberal firebrand congresswoman alexandria cox of cortez unveiling the new green deal, calling for massive expansion of big government environmental programs. oh, goody. but house speaker nancy pelosi may be throwing some shade auto copy of cortez

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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 1:00 p.m. eastern.

harris? >> harris: this is developing right now. former u.s. congressman from virginia, barbara comstock, will be joining at the top of the hour. of course, what's happening in our state of virginia right now has racism and #metoo and democrats in office. the four headline would be a republican. she could take a look at all of it from her experience inside that state, tell us more about kurt cox who is the speaker of the house. republican now, calling for northam to resign and also a republican in the chain of command. succession for the governorship. it will be a very busy hour as we also are learning that william barr, the president's pick for attorney general now, they have begun the confirmation voting on capitol hill. the very busy hour ahead. melissa? >> this is so incredible, it's such a major watershed moment and i am so incredibly excited

that we are going to transition this country into the future. and we are not going to be dragged behind by our past. >> lisa: moments ago, freshman resume and alexandria ocasio-cortez joining senator ed markey and the unveiling of their outlines of their green new deal. the package aimed at eliminating u.s. carbon emissions in a decade. the plant outline includes health care for on federal job guarantees. the green new deal has received support from several current and potential 2020 democratic presidential candidates, and the backing of at least 20 house democrats. there are plenty of republican critics questioning the plan's viability on the cost, but speaker nancy pelosi is throwing some shade at it, telling politico, "it will be one of several or many suggestions we received. the green dream, or whatever they call it. nobody knows what it is, but they are for it, right?" and speaker pelosi using eyebrows. we got a laugh from the judge. by not naming it naming boccaccio cortez to a list of democrats to serve on a special climate panel

the start of their complicity. why was alexandria ocasio-cortez -- >> leslie: i know you think it was the diss of the century. that she's putting it up see her place. "i'm the big cat and you're not." >> lisa: visitor isn't it? >> leslie: i don't think it is. she's a freshman congressional member pages already on another committee. i think, quite friendly, speaker pelosi would think it's too much to put on a congressional freshman's plate. >> lisa: a much talk about this -- you there been studies in 2015 where the u.s. led the world and reducing carbon emissions. why we need the government to interfere when you see innovations in the private sector come with things like natural gas, getting it done? >> melissa: and everything you need the government intervene on anything, so that is just the layout. so i would say this. let's point to another part where she is either miss informed or telling an untruth. she talks of the millions of living wage jobs that would be created by this.

not true. if you look at the bureau of label statistics right now, we need new i.t. workers and i.t. managers every year to fill our current positions. we are only producing 60,000. we don't have enough people with the technological background to do these jobs that she's talking about. in the meantime, technology like green technology is automating away the jobs that we already have. according to fortune, we will see 800 million jobs disappeared to robots by 2030. so when she talks about this, at the same time, the point you're making, the cost of energy will go up to regular people who would hurt the most. middle income people, low income people, as he play for green energy versus readily-available fossil fuels, that takes a bigger bite and wealthy people would notice it. >> let me ask about that. it's a great follow-up to what melissa says. i think that's a good folder to the premise -- you want a better

climate. at what cost? i think that's where it comes down to. what a lot of liberal progressives are putting forth. at what cost are taxpayers and voters willing to pay? >> judge napolitano: i don't even think this will get through the house of representatives. they are too many democrats who are opposed to this super progressive health care for all agenda. i'm with melissa come as you know. whenever the government touches anything, it becomes more expensive and less efficient. donald trump believes that and there are democrats in the house who believe it. >> leslie: this is a nonbinding resolution, doesn't even have to go anywhere. >> judge napolitano: so why is mrs. pelosi allowing her to do it? >> melissa: breaking news for everybody out there. not many william barr, was being nominated to the post of attorney general, he has just cleared the hurdle of the senate judiciary committee. so he has passed through committee, it will now go out to the full senate to get together and vote on and discussing his nomination. we will be right back.

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>> melissa: thank you to the judge. you've got your own show called "the liberty filed." you can catch those episodes by logging into foxnation.com. tells about your show. >> judge napolitano: next week -- leslie would like this -- which democratic candidate, if elected president, is most likely to protect civil liberties? >> leslie: oh, i would be like don my dog like that! speak to anybody to nominate [laughter] >> leslie: who would i think can beat trump? [laughter] joe biden? his speech was interesting you bring that up. of course, this is what drives me nuts about the situation in virginia. this is exactly why i don't trust politicians to make decisions for my family and myself. another popular democrat, i just think government should be smal small. >> judge napolitano: preaching to the converted.

>> melissa: she's like, "you are dead wrong on all of that! was good thank you to judge a nap. we are back tomorrow at noon. here's harris. >> harris: breaking news now. democrats on capitol hill said the one of the acting general matthew whitaker to testify before the judiciary committee. he said yes. then politics got heated. and the head of that committee, jerry nadler, a democrat, said he was going to subpoena whitaker the command speak. now whitaker can prelisten to this letter is breaking news right now. acting attorney general matthew whitaker says weeks ago, in good faith, i voluntarily agree to appear and testify on february 8th before the house judiciary committee. we have devoted considerable resources and numerous hours to my preparation, and i have looked forward to discussing the important work of the great men and women of the me