new rules disqualified. no longer a planet for different reasons. couldn't clear the neighborhood? i don't know. [laughs] i'm not an astronomer. >> bill: poor pluto! beaten around a lot. have a great day. we had a long day. >> heather: back tomorrow at 4:00 a.m. >> bill: "outnumbered" starts right now. bye-bye. >> melissa: fox news alert, sending developments in an alleged hate crime investigation why we discuss cost country. actor jussie smollett claimed he was assaulted by two masked man, but now chicago police say they no longer consider him a victim in this case. this is "outnumbered" and i'm melissa francis. here today is the host of "kennedy" on the fox business network, kennedy. reporter for fox news headline 24/7, carley shimkus. fox news contributor and national security analyst, morgan ortagus. and on the couch, editor in chief of "the daily color" news foundation, christopher bedford. they go. we will hop right to it.

the police releasing two australian brothers they previously question and the attack against smollett. chicago police now say the trajectory of the investigation has shifted. mike tobin is live in chicago with the latest. >> i have just got a statement from smollett's team. let me read it to you verbatim. >> there are no plans of jussie smollett to me was chicago police today. any news reports suggesting otherwise is inaccurate." that is in reference to a report that ran to the "chicago sun-times" today. this morning, saying that he might submit to what they are suggesting. they will keep an active dialogue when with chicago police on his behalf. "we have no further comment today." smollett's team has been saying that he is further victimized by the claims that he staged his own attack. over the weekend, police told me that smollett is no longer considered a victim in this case. they stopped short of saying that he is a suspect, but what

police did say that they have new information and want to bring him in for more questioning. this follows police detaining and interrogating two brothers from nigeria. officials say the two men cooperated. evidence came out of those interrogations that's of the brothers should go free. the anonymous police sources said the two men are paid by smollett to stage the attack. they even rehearsed it. police have things according to the anonymous sources, like a receipt for the rope that was put around his neck. as far away as los angeles, people have reached the conclusion that smollett made all this up and they are angry. >> for smollett say that he was a victim of racism and hate crimes and we believe it is a lie, certainly it's an injustice to those true victims of racism and hate crimes. >> there has been some discussion that this case will go to the grand jury when a >> when i pressed police about this, they have gone to a familiar refrain. they want to bring him in for a

follow-up interview. after that, the question about the grand jury can be answered. >> melissa: mike tobin, thank you. in the meantime, reaction to the initial case. some even thought to blame president trump. here is democratic congressman maxine waters reacting on the day of the alleged incident. >> we have to understand, this is happening for a reason. it is coming from the president of the united states. he is dog whistling every day. he is separating into fighting. he is emboldening those folks who feel this way. >> melissa: house speaker nancy pelosi and this now deleted tweet wrote, "the racist homophobic attack on smollett is an affront to our humanity. no one should be attacked for who they are or who whom they . ." kamala harris tweeted that the attack was an attempted "modern-day lynching."

fellow tron 20 candidate senator cory booker use the same term to describe the attack. but here's what he is saying now. >> the information is still coming up. i will withhold until the information comes out. since 9/11, majority of terrorist attacks on our soil have been right wing terrorist attacks. >> melissa: chris, jumping to conclusions. you take someone at their word when they say they've been a victim of a crime. that seems logical enough. but then go to the next extent when you're blaming the president? your thoughts on sort of the hyper pile-on? >> chris: what blew me away about this attack is that it didn't seem very believable. to begin with -- and it shows you the form of mind that a lot of these folks are in in the media and politics. they actually think it's likely that there are bands of white rednecks from chicago to 2:00 a.m. with nooses and bleach

yelling "this is mag country." nobody would watch that cop drama. it's a hokey television show. they all jumped on and said, "of course, that sounds right!" >> melissa: moving out to where you blame the president for having created the environment where they can happen, kennedy. somebody comes out and say they were victim of something. to come out and make us human, first you are going to believe the men look into it. and that sort of thing. treat them with respect out of the gate no matter what. and you don't blame anyone for doing that in this case, for sure. but that next level where you have maxine waters, for example, saying, "this is the attitude that starts the top. he is dividing us. look what happened." >> kennedy: the new look at her and say, "what are you doing to bring us together and bridge the divide?" because there is a divide in this country, and real racism. but when something like this happens, it's absolutely true. it diminishes the claim of other people who come forward and people who are victims of legitimate, horrific acts and

intentions. but you have to go back to the beginning and say, "what motivated it? if this was, in fact, a total fraud and he paid this pair of brothers that he met on the set of his show to perpetrate this for crime, what is the motivation?" it's to get people riled up. but he didn't think a few steps down the road, that the chicago pd might actually have detectives and investigators who can go out and investigate his claims and take them very seriously. and really start to parse them. the other thing -- there was some talk that he was being written off of "empire" and wanted to make a big splash. he said the men that attacked him were clearly white even though they were vague face max. if that's the case, then these nigerian brothers are that convincing of actors, they should replace jussie smollett on the show. >> chris: [laughs] >> melissa: carley, earlier today it was said that this age that we are in, it's so much

easier to be stupid faster. you have social media, you have instant reaction. people can put things out. they feel the need to dive into the divide. >> carley: i think now we are getting that instant reaction on the other side, where a lot of conservatives on twitter are sort of pointing and laughing at democrats. i don't think it's wrong for democratic politicians to condemn what they thought was a hate crime at the time. i just re-watched the interview that he did with robin roberts, and he said, "you do such a disservice when you live out things like this." he said that. if this turned out to be false, how the heck was anybody supposed to know? you sorta have to to let people be people and believe certain things like this. we won may be it's up to the media to be more responsible. for average people, who are going to pile on -- april ryan, for example, treating this attack on jussie smollett as a hate crime and should be treated

as such. we've been through the mill before, should show a little bit more strange. >> carley: i think you're right about that. there's a difference between a politician, somebody asking a politician for their feedback on a story, and a journalist jumping to a conclusion when it's their responsibility to respect the fact. >> morgan: picking up on what you said, i agree that the instinct to call out something that is perceived to be evil is a good and noble instinct. the problem is -- and i think the difference here in the situation -- instead of just calling out something that was evil, people jumped to directing it at president trump. i think that is the difference coming here. i do think when we all see evil, and we may see racism and things that are unconscionable, we should call it out. as chris said earlier, that you alluded to -- i think everybody needs to take a deep breath. from directly licking these

things to a president or to the democratic party, whatever political party. i think that's the main thing we are all learning as it relates to the covington case, as well. as it relates to everything we are seeing go on the virginia on a daily basis. with the top three elected officials they are. you have to sort of take a deep breath and say, "if this happen, it's terrible, but let's not attribute things when we don't have the effect of the case." >> chris: you see things that are evil. you see men dragged behind trucks come people attacked or denied jobs or place to live. we don't see our donald trump supporters and red thoughts saying "this is mag a country." that would've been a batman comic. it's a cartoon villain. for people to jump on board and say, "that's exactly what is going on, this is a modern-day lynching," they should have stepped back and said it seemed a little outlandish. >> carley: true. but the big takeaways that we

can't judge a situation to have all the facts on the table. and we still don't have all the facts. >> kennedy: and journalists covering it after we use words like "alleged." >> kennedy: you're right about nancy pelosi. the second part of her statement is true. nobody should be attacked for who they are who they love. it's a universal truth especially now. the health of the world is getting better and not worse. we have to stop acting like this is the absolute worst time in american history. >> morgan: i think you are right, kennedy. the instinct to demonize each other and think the worst of each other is something that i think is just vitriolic in today's politics. everybody is guilty of doing it. instead of thinking the worst of people who support the president or the worse of people who support nancy pelosi, can we all get back to the point of remembering that we are americans? we may have a fundamental disagreement on policy and how we get to where america needs to be, but that doesn't mean we are inherently evil.

>> melissa: either way i have compassion for someone, and i know that this annoys people but if you did make it up i feel really sorry for you. speeches of rings of easily going on. >> carley: it said both ways. if it's true, it's sad. if it's not true, it said. >> kennedy: but it comes down to the individual. it's not about groups and being activated. it's one person made a series -- apparently come at this point, we are learning -- a series of really bad choices. that's what it goes back to. it speak to his character. sure, we may be in a time where the political tenor is so loud and it feels so mean and on the sustainable, but that still goek to the individual and his reaction. >> melissa: maybe you could suppress the urge to say, "see, that's exactly what you were telling about x that" and goes to the larger part they were trying to make. you see them live aside. on the right that they are piling on. that we will blame the president for everything fit in the end, the police will tell us what actually happened.

then we will know. but maybe we can -- >> morgan: i think perpetrators in this case is where this has happened in the past tend to think they are bringing sympathy to the larger cause. actually, when this happens, the perpetrators are looking for attention for themselves. i'm not saying that's what's going on, we don't know. >> melissa: they do the opposite. >> morgan: this is not a new phenomenon in law enforcement. the one new calls for the democratic chairman of the house intelligence committee to recuse himself from his committee's russia investigation as questions are raised over his meeting with one of the man behind the steele dossier. we will debate that. we are watching new protests outside the white house against the president's declaration of a national emergency as there is growing legal and political challenges to the plan. what is the way forward for president trump and the country? hi, i'm joan lunden with a place for mom,

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♪ [applause] >> kennedy: new protests outside the white house against the president's national emergency declaration amid escalating legal talent challeo his efforts to help secure funding for a wall on the southern border. senior advisor to the president stephen miller on fox news sunday predicting a huge portion of the wall will be built. >> what the president was saying is, like past presidents, he can choose to ignore this crisis, choose to ignore this emergency as others have, but that's not what to do. you will see probably a couple hundred miles in time. i would say by the end of the next a preparations cycle. >> by the end of this year? >> the next fiscal year. one more after this. >> so by september of 2020 question required in the middle of the presidential campaign? >> melissa: what timing! >> kennedy: in the meantime,

challenging the emergency declaration has been filed by a liberal advocacy group, public citizens, and california attorney general javier becerra. he has been prepared to file another challenge imminently. >> a number of states and certainly americans will be harmed. we will all be prepared. he himself said it, he did not need to announce or declare a crisis. he did not have to call this an emergency. he has also said he knows he's going to lose in court. >> kennedy: even multiple republicans in the house and senate object the national emergency declaration. among them come aboard a state republican congressman will hurd. >> of government was designed for the most ultimate power, the power of the purse, to reside within congress. we shouldn't have an executive -- i don't care if it's publican or democrat -- the dress to get around congress with this national emergency. i'm always open to making sure that congress takes back some of its power as a coequal branch of

government. >> kennedy: a man, what a wonderful time for that discussion. revisiting the constitution, will hurd also brought up some great points, chris, about eminent domain in texas. and how thousands of renters have plots of land that will indeed be read before a government taking. and they will fight the government in court over that. >> republicans of karma's a kind of funny on this. that was pushing back and saying that congress needs to assert itself against it executive. but every time they come at a park of the first thing the cut is around congressional budgets. they cut congress' budget and said "we will deal with the executive leader." it's no surprise that everybody in their congress come in their mid-20s may be the first or second job, your fighting career employees and you will be the most of the time. president trump's use of learned his lesson on the ear of the immigration ban rollouts and things like that. kevin daly said that by focusing on building walls in texas first and using congressional money

it's already been appropriated, using money from the treasury that's already been seized, he's going to severely limit the kind of people who have the ability to earn a lawsuit against them. to the fifth circuit a review to washington, d.c.,'s more moderate circuit. if they have standing to sue him, he's going to actually build -- like stephen miller said, a lot of this wall. >> kennedy: hawaii is jumping income as well. they have tremendous issues with their porous border. [laughter] imagine them being lumped in with oregon and california. "you get on!" >> morgan: this is being compared a lot to president obama's move as it comes to daca. i'm not a lawyer but i talked to a few people trying to get a better understanding of the difference between when president obama made the daca move versus president trump's national emergency move. one of the points that was made is that daca, it was an abuse of prosecutorial discretion. that's a long word for monday.

essentially, they could say, "i'm not going to prosecute you, melissa, because you're here illegally. i will not use my resources to do that." there's a difference between saying, "not only a manic way to prosecute you, i will confer legal status on you." so the president and his team could point to many things that will have a national emergency. that's where they will parse the difference between what president obama did and what president trump has done. >> kennedy: is interesting because so much power screen shifted the supreme court. if it does make its way to the supreme court, that will become critical for liberals and conservatives. because conservatives will see that the sky is falling for the next president has to be a democrat in order to rebound the court. because the present is saying no matter what the legal challenges are, it'll go to the ninth circuit and the appellate court will lose. it will lose, then it will go to the supreme court because it will win because there is a conservative majority.

>> melissa: i'm not totally sure he is right about that. he has done a bunch of things along the way to undermine his own case. when he stood there and said, "i don't really need to do this," yikes. >> kennedy: it sort of lesson three emergency part of it. >> melissa: it does make it tough. legal experts say it matter so much more what he writes versus what he says. in that very long press conference he did say almost everything. so you can kind of put something into every little basket there. but i'd don't know that has confidence of is that the supreme court level. again, i'm not a lawyer, either. it doesn't necessarily seem to me like that is for sure the case. he had a bunch of avenues to go. it was that one piece of money he wanted for those billions he was getting, that depended on it calling don mike being called a national emergency. >> carley: speaking of the legality, and something that cavity brought up with will hurd talking about the 1,000 farmers that could stand to lose land, there are still people in

court over the 2006 secure fence act that are trying to figure out money that they are owed. >> kennedy: you're right, this eminent domain case will take a long time. >> carley: absolutely. so the legality of this will take a long time. that wall is there, so you can still build a wall on land even when you are still working at the money aspect of it. i just don't think president trump needed to do this. the proposal was bad, and he signed a bad plan. but he could still -- he's the ultimate spin master. he could have spun it into a win. new miles of fencing, 120 miles of fencing that we are going to make it better. >> morgan: more money for judges. >> carley: exactly. money that he could have used -- >> kennedy: of congress wants to take their power back, what he figure with the holes are in this theoretical immigration sense and fix those? and figure out how many people need to come into this country and work legally. and make the system better so

they don't have to count as his poor hands by tearing the fence on himself. >> chris: they have no interest in solving this problem. if he gets a button issue that won't -- they are willing to solve the dreamer is she like what president trump suggested that last. they're certainly not willing to provide more funding for this wall. so he's dealing with a congress that has zero interest in zero motivation to try and fix it. >> melissa: but they want to see spectra power, like he said. that'll be great. do your job. >> kennedy: and some complained about! or not. democrats divided over amazon scuffling plans to build a second headquarters in new york city taking thousands of jobs with them. can the dems united on this issue heading into 2020, or do they hate money? plus, president trump accusing andrew mccabe and deputy ag rod rosenstein of pursuing an "illegal and treasonous plot" against his presence he.

this after the explosive 60 minutes in interview. we've got all the details i had. >> we talked about why the president had insisted on firing the director. in the context of that conversation, the deputy attorney general offered to wear a wire into the white house." you might take something for your heart... or joints. but do you take something for your brain. with an ingredient originally discovered in jellyfish, prevagen has been shown in clinical trials to improve short-term memory. prevagen. healthier brain. better life.

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now, he was not joking. he was absolutely serious. in fact, he brought it up in the next meeting we had. >> melissa: today, president trump tweeting, "wow it, so lies by disgraced acting director andrew mccabe. he was fired for lying, nice story gets even more deranged. can rod rosenstein, who was hired by jeff sessions -- and other beauty -- it looked like they were planning a very illegal act and got caught." lindsey graham spoke before the mccabe interview aired. graham saying that he plans to subpoena mccabe and rosenstein unless they voluntarily agree to testify, and i'm sure they will. watch this. >> democracy, people enforcing the law can't take it into their own hands. was this an attempted bureaucratic coup? i don't know. i don't know who is telling the truth. i know rosenstein has vehemently denied it, but we will get to the bottom of it. >> melissa: so, chris, just focusing in on what new we learned by watching interview last night versus the stuff we

knew before. i was shocked by the way he really categorize the whole thing, that it was all rod rosenstein's idea. like he was sort of -- do you notice that, too? >> morgan: somebody's getting thrown under the bus. >> melissa: he's like, "i walked into this room and he brings up this idea." even when he said, "what were you thinking?" and he was thinking, "how do they get here?" like he was a passive person, a fly on the wall, while rod rosenstein was cooking up this scheme to go record the president to get them out of office. you are thinking don't like figuring similar thoughts? >> morgan: at the same thought when i was watching last night. it almost distracted from the book because it was clearly such a premeditated effort, for whatever reason. i don't know why. mccabe was thinking he wanted to go after rosenstein. rosenstein came out and said they mischaracterized the meeting, and said there was a lot of fighting between the two of them. so we don't know who is the

telling truth. but here you have the number to the fbi, who was of course fired and has been accused of -- from the ig, within the fbi, of having perhaps told mistruths. having not told the truth about his leaks to the media. then have the number two at the doj essentially giving opposite stories, and accusing each other for lying. that's what's going on here. number two doj saying that guy is lying. that's a bad situation for our fbi and our department of justice to be in. we can't sugarcoat that. >> melissa: one of the other things that was really interesting was that he kept not being specific about why they wanted to remove the president. what was the problem. >> kennedy: he is a key! >> chris: he tweets! >> melissa: his capacity, his don mike is intense. not that he was colluding with russia, he just kept saying, "here we were in this white-ranging conversation about removing the president."

but not really why the 25th amendment, why he needed to be removed. she noticed that? >> kennedy: the whole thing is insane. it's really scary that that is how people who are really high up in these critical departments are operating, surreptitiously. it's awful. it's not okay, and there has to be some accountability. accountability just can't be that you have two guys were really mad at each other now so they are saying mean things and try to contradict the other and ruin their reputation. that is not accountability. this cannot happen. i know everyone makes fun of limited government libertarianism, they want to pare down the scope of the surveillance. but this is why. people have so much power. it's concentrated in so few humans that they really feel emboldened to operate this way. it is wrong. it's not how this country should operate. regardless of who the president -- >> chris: if this wasn't a tv show, could have been written by

smollett. it's a hoagie script again. where do fbi agents learn how to act, where they say come up with it let's play or a wire into the white house." let's say it true. none of them have the power to remove the president. their plan was to get mike pence to remove president trump if they were a wire. if this is true at all, it shows you that our fbi at the top is not as smart as our fbi rank and file. >> melissa: do you think the acting fbi director should have, at that point, been so outraged by the idea, the suggestion -- >> melissa: sessions? >> kennedy: no, i'm talking about mccabe. the fbi director. mccabe was the acting fbi director. but he should have gone, "no we are not going to remove the president!" he does things that we think are on toward an gross and wrong, but that is not grounds for us -- just a few guys in the room -- are moving in. >> morgan: don't forget, this went to the general counsel, as well. that's what rosenstein said last night. it wasn't just the people in the

room, that one person says it's a joke. rosenstein apparently went and told the general council. so a lot of people that was in on it. >> carley: my antennas went up twice during this conversation paid one time when he was asked when the 25th of them in conversation came up, and he said he couldn't remember. you can't remember when that happens? that's like a flash forward to when the hearings are going to start. i'm sure that'll be his answer for a lot of things. also, when he started the obstruction of justice charge. he said it was because he was going to get fired, he wanted to make sure that none of these things went away. but that's not how this works, as i'm sure you can attest to. investigations don't just go away because somebody gets fired. he knows that, so for him to try and sell that to the american people is a big question, as

well. ethic we need some clarification on that point. >> melissa: and that begs the question, will we get clarification? that's how we started this segment, talking about the idea that they wanted to have a hearing and they wanted these gifts come and testify. i'm not sure we will get any movement on the road when we do that. >> kennedy: if rod rosenstein is such a compromised person, he was the one who launched the special counsel investigation. this was that all a sham as well, based on andy mccabe's logic? >> melissa: all right come the failed amazon deal to bring a new headquarters to new york city now driving a wedge between democrats. what this is about the party's position on jobs and big business, and the impact it could have on the 2020 campaign. we will debate that, next. >> we are going to have to make a decision, in all seriousness, as a nation. republicans and democrats. are we in entrepreneurial capitalist nation? do we want jobs and do we want to succeed? ♪ mom! he's blinking too loud. sorry, is that too loud? you don't need any more hormones in your house. that's why you chose kraft natural cheese. made with fresh milk without the added hormone rbst. it's cheese as it should be.

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top 2020 contenders had the campaign trail today. you see new jersey senator cory booker in new hampshire, back in the senator 's home state and around the country democrats are dealing with fallout after, in the face of protests from progressives, amazon scuttled a deal to build a new york headquarters. a few days ago, 2020 hopeful senator elizabeth warren treated in part, "how long will be allowed giant corporations to hold our democracy hostage?" the new jersey democratic congressman jeff andrew saying he supports a and was not opening up in his state. >> this is the world we live in now. i know some people don't like incorporations or incentivizing corporations, but i think we have to compete and we have to make sure we create jobs. >> and newark's only democratic congresswoman, carolyn maloney, here. >> it used to be viewed protest wars.

there we are protesting jobs? if this has gone through, it would have made overnight new york city the high-tech capital of the east coast. i'm a progressive, too, but i'm pragmatic. if somebody brings a jump to my district, to my city, and billions of dollars in tax revenue -- >> morgan: she's one of many congresswoman in new york the politics behind this are fascinating to me. as we saw these clips here, the mayor of new york city -- they know they can't attack alexandria ocasio-cortez and other liberals. >> melissa: build a boss who has. he went after her. >> morgan: well, he went after amazon today and elizabeth warren did, as well. politically, the easier thing for them to do is to attack amazon as opposed to others. >> chris: at the battle of the corporate democrats want to give billions of dollars to one of the biggest companies in the entire planet, and the democratic socialists who want to tear that down and say that taxpayer money should go to

corporations. >> melissa: have to stop you're there, they are not giving billions of dollars to amazon. they are being allowed to keep the money that it's made as opposed to having the government confiscate it and waste it. >> chris: but that's different than any of your company the area. >> kennedy: but there are subsidies they're going after. a lot of these big corporations go after it. you're right about that. the welfare aspect -- that's the one area i agree with alexandra costa cortez. that's not okay. we don't have to give billions of dollars in dollars in incentives to corporations like amazon who already have billions and billions of dollars. they can go ahead and build wherever they want. she is wrong, though, when she says they should bring headquarters to new york city where it's not just the people who would go and work for amazon. this is not just a child labor factory. these are good paying jobs. think about the vendors. think about the restaurants. think about the dry cleaners. all the other industries that would pop up around the big, beautiful -- >> melissa: but the answer is not the take away from amazon. when you say corporate welfare,

the answer is to lower the burden that you are putting on the other businesses. >> chris: i agree. >> melissa: is not to say, "no, amazon, you go away." it's to my government smaller. stop spending so much money and trigger selves. >> morgan: carly, do you see this as being a big break between democrats? as you said, they are pro-jobs versus the ones who are pro- -- or anti-any sort of corporation. >> carley: it's a huge split. its establishment democrats. at alexandria ocasio-cortez on lonely island again. i understand what you're saying about the incentives. $3 billion is crazy. but everybody, every state that wanted amazon in their district and their state, was giving them the kind of money. or offering it. >> kennedy: yeah, marilyn offered three and a half billion dollars. >> carley: it's not like they are like a beauty queen and that

walks into a bar. there needs to having people play hardball with them. so they said, "check with you newer, i'm out of here." you can't blame a big company like that. >> melissa: one thing i think it's funny is that alexandria ocasio-cortez once again accidentally became a huge elitist. much like with the green energy where she was going to make energy more expensive for everyone. and that was only a plan for the rich. with this she said new workers deserve dignified jobs and they shouldn't be settling for scraps. since when is the average job of $150,000 a scrap? she wasn't even pointing out the corporate welfare aspect. she was talking about how we don't want these crummy jobs and what jobs -- those are good jobs! >> carley: if you don't think this is actually affecting new yorkers lives, you're absolutely wrong. when you think about people, i read an article about a business owner and pumped over $1 million into his apartment building because he thought people were going to be there and he wanted to make it better.

and now nobody is coming and he doesn't know what to do anymore. >> kennedy: the good news is that there are real estate bargains in long island city. the bad news is there is no subtlety here. these lawmakers to understand -- it's not just black or white or us versus them. amazon good, amazon evil. there are subtleties in there. when you can have revenue generators and jobs, you can't turn your back on that wholesal wholesale. >> morgan: i will just say, it's good to be a beauty queen who walks into a bar. [laughter] like this one right here! the democratic chair of the house intel committee, adam schiff, sending firm in his plans to further investigate the come campaign and russia. but how stupid leader kevin mccarthy says that adam schiff should follow his own standards and stuff aside from the probe. we will dig into that all that next. ♪ my constipation. stimulant laxatives forcefully stimulate the nerves in your colon. miralax is different. it works with the water in your body to unblock your system naturally. and it doesn't cause harsh side effects.

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>> kennedy: more "outnumbered" and for just a moment. first, let's touch base with melissa. she's in for harris on "outnumbered overtime." what's up, melissa? >> melissa: thanks, kennedy. president trump lashing out after former fbi director andrew mccabe's explosive "60 minutes" interview about a ledger talks to remove the president from office. republican andy biggs of the house judiciary committee joins me on what former fbi attorney

james baker told the committee about all this last fall. that should be interesting. plus, joe biden and bernie sanders both appeared to be getting closer to jumping into the 2020 race. do two old white men have a chance in an already crowded and diverse democratic field customer cannot come out a lot more. "outnumbered overtime" at the top of the hour. kennedy? >> kennedy: new calls from top republicans for democrat intelligence committee chairman adam schiff to recuse himself from his investigation. just yesterday, chairmanships doubling down on his and decisions of the term can be an organization. he also disagreed with the assessment of the top of public the senate committee that they have not found any evidence of collusion with the term campaign and russia. watch. >> you can see evidence in plain sight on the issue of collusion, pretty compelling evidence. there is a difference between seeing evidence of collusion and being able to prove a criminal conspiracy beyond a reasonable

doubt. >> kennedy: collusion is not a crime. meanwhile, minority leader kevin mccarthy urging chairman schiff to aside after revolutions revelations that schiff met with the research firm by the unverified steele dossier. here is leader mccarthy. >> why doesn't he hold himself to the same standard that he asks jeff sessions and devin nunes customer he should recuse himself based upon meeting with an individual that is under -- that we are looking at. he should recuse himself from any future investigation or being the chairman. sp2 interesting. does this call for chairmanships recusal? >> chris: by schiff's own standards, it certainly does. because the meeting with simpson -- somebody has been disgraced, who has worked with for agents to compile it could put the unverified dossier on present term. another one of those laughable story line dossiers on president trump. he had inappropriate contact with bruce ohr, department of justice. he appears to flood about that

to congress saying he only had conversations after the election with bruce ohr. and now he's talking to this person who has been discredited, who could easily have been a part of this investigation. so by adam shifts appearance of bias standards, then yes, he should. will he? of course not. democrats are in charge. >> kennedy: it feels like we will never get to the truth. the truth the soap subjective. you got the russian intelligence saying that we found no collusion, but on the house side the democrats are saying, "absolutely, it's right there in plain sight." but it's a big leap to prove he couldn't tell my criminal conspiracy. >> morgan: it seems like people will only believe that merely report if it fits whatever their narrative is. the tragedy of all this is that we've talked several times during the show today, kennedy -- it's not just the house intelligence committee. it's the fbi, it's the doj. these institutions that were revered, that i faced a lot of reform after some pretty nester history and the fbi. some of the things i used to go

on. these are institutions that americans trusted. there are so many institutions that have been politicized. things like the house until committee, something that is a bipartisan nature. people took it quite seriously, working on this together. not running out the television camera to politicize everything that came their way. we have people like former cia director john brennan, who is unprecedented in american history for -- excuse me, as cia director, to be this political. he is saying the things that he is alleging should be taken very, very seriously. i just concur with you that i think people are only going to believe the merely report if it fits the political narrative. if not, they will keep searching for a crime. >> kennedy: you are absolutely right. he took down mike tucker at the former heads of the fbi and cia, and other coming out with saliva throated political endorsements for anyone running against the president. there something around that. they are already jockeying.

if the narrative of the report doesn't fit theirs, they are discrediting it. "bob knew he didn't look enough at the kids and the finances!" >> carley: how it will play out is that they will believe certain aspects. or they are going to highlight in bold certain things that fit their narrative. what that means is that this may be a huge waste of time and money. >> chris: a national rorschach test. >> carley: [laughs] exactly. >> kennedy: which, you know, they administered here. i'm wearing one now. [laughter] how exciting. we have more "outnumbered" in just a moment. you stay right here. newday usa helps veteran homeowners get cash

by using the powerful va home loan benefit we've earned with our service. the newday va cash out loan can help you get over 50,000 dollars to pay off the credit card debt, put cash in the bank, and reduce your payments by over 500 dollars a month. and since newday's been granted automatic authority by the va, they can say yes when banks say no. get the financial security you've earned and deserve. go to newdayusa.com, or call 1-855-newdayusa. >> kennedy: thanks so much to the one and only chris bedford. he braved the storm of your own maladies. to be here on the couch, rocking presidents' day. >> chris: no cold is going to bring me down. looking for to the democratic primary this year. i'm looking for to spring time and to a after the show.

>> kennedy: you! great long and short-term goals. >> carley: i'm so happy to be here! this was a lot of fun. >> kennedy: now we rejoice in an hour well spent. we will be back here at noon eastern tomorrow. here's melissa francis in for harris. >> melissa: fox news alert, political and legal battles mounting in the wake of president trump's national emergency declaration setting up for a fierce fight ahead. this is "outnumbered overtime," i'm in today for harris faulkner. democrats slamming the president's use of executive power and california and other states announcing plans to sue over the declaration. but the white house is strongly defending the decision. here is director of strategic communications, mercedes schlapp, this morning. >> we feel that we are on strong legal grounds in pushing forward to declare this national emergency. it is the obligation of this president