>> we thank you, jon scott. we look forward to bill hemmer returning later in the week. thank you for joining us. >> harris: new reaction to don mcgahn defying house democrat subpoenas, skipping testimony before the house judiciary committee. democrats gavelling in the hearing with an empty witness chair. short time ago the panel wrapped up a short but tense hearing. we'll tell you all about it and debate outnumbered style. you're watching it. town hall editor and fox news contributor katie pavlich, leslie marshall. in the center seat, man who can handle it. all of it legal, former deputy assistant attorney general under president george w. bush. we need your expertise more and more every time we see you.

>> lots in the news. >> the democrat led house judiciary panel holding an empty chair hearing today. chairman jerry nadler warned don mcgahn may be held in contempt for failing to appear. doug collins said nadler's move is all about politics. chairman nadler vowing democrats will go to court to enforce the subpoena. watch it. >> mr. mcgahn did not present today because the president did not allow it. we will go to court to secure it. we will hold this president accountable, one way or the other. special counsel closed up shop without having democrats anything to deliver to their base. now the democrats are trying to make something out of nothing. cameras love a spectacle. majority loves chance to rant against the administration. i'm glad we don't have chicken on the dias today. >> harris: he said democrats

don't get a do over on the mueller investigation. the decision to block mcgahn is about testifying the executive branch. >> as i understand it, they are doing that to protect the office of the presidency. the attorneys say that they're not doing that for me, they're doing that for the office of the presidency. we're talking about the future. >> harris: one way or the other to get his testimony. what are the ways and what's the other? >> i think the ways are self-evident. i suspect nadler's strategy is to get a contempt citation on don mcgahn, to the committee and then the full house. assuming that doesn't force a compromise, go to federal court to try to enforce it. we heard a lot today about oversight, oversight. congress does have an oversight role to play. but at the same time, there's a powerful other side of the equation, which is protecting the executive branch, to have internal deliberation.

if the president is speaking with a senior adviser and congress can pull that senior adviser and be forced to disclose the advice he gave to the president, it's hard to fulfill the constitutional duties of the president. >> he offered to testify behind closed doors, right? >> that's the crazy thing. that to me said the democrats are less interested in in getting the information and more interested in having theater where they can have a former white house counsel in the public, they can pepper him with questions. they can force him to excerpt privilege. >> it only becomes memorable when somebody errs, doesn't it. >> you can see the democrats hitting him with question after question, him refusing to answer. it seems like they would have something to hide even if they really don't. >> you mentioned a contempt

citation on mcgahn. contempt of congress, does that really do much? >> it's more a stigma. maybe our next president, for all we know. he is doing fine. >> nadler just driving fast and furious. >> the fact is getting a contempt citation, no one is ever going to prosecute it. department of justice is not going to prosecute don mcgahn. he would have the public stigma of being held in contempt. >> so you basically have no teeth in the fight right now, in terms -- i'm looking directly at leslie for democrats on this. without don mcgahn, what does that get you? you've got the mueller report, nearly all unredacted. what else could democrats be looking for? >> they are looking for answers to the redacted areas.

this is to the american people who want, as the president even says, full transparency. i understand to your point not just this presidency, but future presidency, why you have to protect the executive branch. i get that. but to your point, melissa, there were hours and hours of testimony, and congress in their position of oversight over the executive branch has the responsibility not just to the constitution but the american. >> they were offered it behind closed doors so that right there lays out what their motive is. if they won't ask the exact same questions in closed session, but insist they try to embarrass him in front of the cameras they're obviously not fact finding. it's about a show. i even heard a democrat say accidentally when talking about the release of the financials, i want to get it right. twhaeupbt to see if there's a crime in there so they can write new laws to address it. uh-oh. if it's a crime, there's already a law against it. so right there they revealed what they're after.

so they can write new laws? >> i want to let katie speak. >> financial disclosures, also said he accepts democrats haven't made a compelling argument about why they need the documentation but they're going for it anyway, which implies they don't really have probable cause or evidence to go after the information. back to don mcgahn testifying, i found the legal memo the doj released yesterday very interesting in terms of justifying the legality behind not having to comply with the subpoena. the white house is looking at it from a political perspective. doj made it clear they're going after this in court. look, for 75 years, presidents have been able to allow senior advisers to deny subpoenas from congress. and so it seems like based on what the doj said in this memo, which is very lengthy and has precedence behind it, that they're going to be the ones who come out on top of this.

i'm just curious what democrats are looking for. don mcgahn testified for 30 years in front of the mueller investigation. robert mueller was touted as a guy who was fair, who would get to the bottom of the facts. everything they know is in the report. democrats haven't gone to look at the full mueller report. >> i'm going to pick it up there. we're going to hear from ranking member collins. he talks about why democrats are not forcing robert mueller to testify. watch this. >> you know what's interesting to me? we've subpoenaed the documents. we've subpoenaed that we want underlying documents. we subpoenaed something we can't get. one thing we seem to avoid, mr. mueller himself, the one who wrote it. we've asked since april about mr. mueller coming. every time we seem to get close, mueller gets pushed on a little bit. think about that. you wanted the work of the author, but you don't want to talk to the author.

>> some have said you want the script, but you don't want the movie. >> that's a great point. all this whole thing about don mcgahn, we've lost sight of the fact that a month ago, bob mueller was the big prize. >> what happened to that? >> that's all gone. i suspect the democrats made a judgment that from their political perspective, having don mcgahn is a much juicier target than bob mueller who would testify to his conclusion that there was no conspiracy and his judgment that there was no grounds for bringing obstruction. >> that's why people hate politics. this is it. it's not the investigations. it is the fact that, as melissa pointed out, you could have had it behind closed doors, because who needs another circus. so why not, lot of them emanating from all these hearings. why not do it behind closed doors and get the answers? same question about why democrat, five or six top

ranking, don't walk six blocks to the doj, walk into that skip and read the 98.5% unredacted document of the mueller report so then they can better make an argument for what's underneath the blanket? my head pops. i don't get it. >> first of all, i think we're naive if we think that politicians aren't going to politicize, left or right. certainly democrats are doing some politicizing for their base. that's part of the reason they were elected to do this when they gave their tsunami 40 plus seats in the house. but with this specifically -- >> that's a new way of putting it. wow. >> i'm wearing tsunami blue. with this specifically, i don't think it has the teeth. i'm not even talking politically. if you are going to have it out there, so people aren't just taking someone's word for it,

left or right, you need to have the person there. >> why do you think they aren't having mueller? >> i think they will. i think they want to talk to every person involved. >> i'm going to get katie last word. >> the reason they're pushing off mueller, they realize mueller and barr are on the same page. they don't have to even walk any more because they have scooters. no excuses. >> our tax dollars deserve all those lawmakers on a scooter. >> i love scooters. >> we will watch it as it happens. glad you're here. legal expertise. administration officials set to brief congress on the growing tensions with iran. as that country says it will not negotiate with president trump. the high stakes as the u.s. military beefs up its presence in that region. plus, battleground mania. president trump hitting joe biden as he takes his economic message to the key swing states. whether this could be the winning message to keep

pennsylvania red in 2020. >> he announced he's running for president. he said it's because foreign leaders called him up and begged him to do it. absolutely. foreign countries liked it much better. that's what they want. is that net carbs or total?...

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>> don't forget, biden deserted you. he's not from pennsylvania. i guess he was born here, but he left you, folks. he left you for another state. remember that, please. i men to say this. in guy talks about, i know scranton. he left you for another state and he didn't take care of you because he didn't take care of your jobs. he let other countries come in

and rip off america. >> that was president trump going after former vice president joe biden during a rally in the key battleground state of pennsylvania. president holding last night's rally days after biden capped his three week campaign launch with an event in philadelphia. he didn't hold back from going after the president. >> the american people want a president to add, lead with a clenched fist, a closed hand, a hard heart. they don't need me. they've got president donald trump. >> the real clear politics average of polls in pennsylvania showing hypothetical matchup between president trump and former vp biden, the former vice president ahead by ten points there. those numbers reportedly raising concerns with the trump re-election campaign. pennsylvania was key to president trump's election.

he won the state over clinton by less than a percentage point. leslie, two things struck me as we were watching that. first, i am the beacon for -- well, i love to measure hypocrisy out there. when he said demonize. you want someone who is going to demonize your opponents, that's what trump does. he was demonizing trump the whole time there. i also think it's interesting though that tact to blue collar joe. when has he ever had a blue collar job? he's been in politics for 50 years. he lives in d.c. how does he thread i'm man of the people because he's been a professional politician for half a century? >> he's extremely popular with blue collar workers, with the working class. he has been historically.

>> i'm wondering why 'cause he's never done any job like that. >> he doesn't have to have done a job like that. the president has never done a job like that. you don't need to be from pennsylvania. presidency is a 50 state race. i want to answer your first question. remember i said joe biden, if any of the democratic candidates would be the one that could beat trump, he would go head to head with him and have a similar personality when it comes to dishing it out and giving it back to the president, that's exactly what i'm talking about. i think it was clever the way he did it. the way he set it up was making it sound like, i'm not going to be the bad guy, he's the bad guy. that appeals and can appeal to republicans who are not happy with the president. that could appeal to democrats who don't have a home yet.

some of the people inside pennsylvania and outside pennsylvania who are watching. >> if it doesn't work for the people who wanted somebody who wassen a career politician. >> i don't think he's worried about them. i think he wants to be able to take back a key state from president trump. what he's thinking is -- i watched it on saturday. the crowd was very receptive, the tougher he got. he did it in an almost methodical way. i agree with you, it was kind of shrouded. i'm this, but i'm this. it worked for that crowd. if you're going to challenge a tough guy, you've got to be a tough guy. you've got to bring what you're seeing. i give him credit for trying. the disconnect for every democrat running is on the economy. he'd be smart, they all would be, you can stick to this, too, acknowledge the good, see how you can make it better. the problem is how are you gonna

make it better? >> it's going pretty well right now. what's particularly fascinating about this, in many respects biden is trying to reclaim pennsylvania from doing some of the things president trump did when he moved pennsylvania into the red column. i think all of that resonates with pennsylvania voters. so in a way, you've got to give joe biden some credit for what works. what the republicans did to win pennsylvania in 2016 and doing his best to replicate. as harris said, i think he's got an uphill battle but that looks like what he's trying to do. >> one of the things they love, when you talk about that blue collar person, they like no b.s. there's nobody with more b.s. than a career politician. that's where i think him trying to stand next to trump and say who's really on your side? well, you've been in washington 50 years. luck is not on our side. >> first thing i would say, pennsylvania has been a challenging state for republicans for a number of

presidential cycles. when president trump won it, it was a big surprise. polling showed that he was going to lose pennsylvania. and so, he won by something like 50,000 votes. margins in pennsylvania, michigan, wisconsin are going to be tiny and trump knows that, which is why he's in pennsylvania. it's why joe biden is in pennsylvania and not new hampshire or iowa. he's focused on the main prize. when it comes down to what joe biden was saying, he has a long record of demonizing republicans, in some of the worst ways possible. he's willing to play dirty, willing to say things that dee dee monthize the other side. one mistake he made in pennsylvania is saying barack obama's economy is what led to president trump's success. he's really going to tie himself back to the obama economy, he's going to have some real trouble when it comes to blue collar and aoupb con workers. he's relying on union workers

who have been devastated by the union power. they have far less power than they used to. joe biden used to rely on that more. now unions have far less influence when it comes to politics as a result of people having a twist when it comes to having a choice to be in them or not. >> digging in among bag lash to his own party on his call to impeach president trump. here is nancy pelosi, reportedly clashed in a closed door meeting with leaders who are demanding that she pull the trigger on impeachment. will it happen? is there a dangerous divide? we'll debate. >> one of the purposes under the constitution is to see if you want to go down the path of impeachment. my joints... they hurt.

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>> you would like to see it started at some point? >> i think it's appropriate. nancy pelosi is in charge of that, not me. >> that was a republican congressman doubling down on his calls to impeach president trump, but it's not his responsibility to get the ball rolling. house speaker nancy pelosi was asking if the republican congressman was increasing pressure on her? >> this isn't about politics. it's not about passion. it's not about politics. it's about patriotism and about the presentation of the facts so the american people can see why we're do going down a certain path. >> three democrats leadership are pushing pelosi to begin proceedings. the impeachment advocates

include congressman david sisiline. here is his reaction today. >> this is a president who, according to the mueller report, attempted to object struck justice on ten separate occasions. tried to get members of his staff to lie. tried to interfere with testimony of witnesses. add to that this pattern of the president and white house to object struck and impede and prevent us from getting the facts and hearing from woeuts. that rises to the level, in my view of triggering the formal opening of impeachment inquiry. >> despite all of this, the speaker denies she feels pressure from her party on impeachment saying they, quote, don't have division. so, leslie, for a democrat on the couch, is the speaker feeling some pressure here now that one republican has jumped on the impeachment bandwagon? >> she's feeling a lot of pressure. saying there's not division is just not true. there's a lot of division. you hear from congressman

cicilline, out there in the media a lot talking about impeachment. certainly the aoc faction, if you will, of the democratic party. there definitely is division. speaker pelosi has been very clear from the beginning on this. i tend to agree with the path that she's going down, more moderate democrats are looking at which is, one, you have to have that smoking gun. you have to do your due diligence as members of the house. two, you have to have bipartisan support. one republican congressman amash doesn't do it. by the way, if you look at people talking about him challenging trump in 2020 as a libertarian candidate. so i don't think this is all just about the facts. the whispering i have heard today is he's going to run. he has an agenda. >> i would call it more

political. [ talking at the same time ] >> there are a few others as well. nancy pelosi could easily marginalize those coming on board with less experience or maybe those like representative al green who's been calling for impeachment since january 20, 2017. it's hard to do that with congress people who have waited in the cut. what you hear cicilline drum beating now, i'm looking at the same evidence you're looking at. i'm not overreacting but i'm saying we have a threshold. which means she has to defend her position now. >> i want to getted context on the process here. one of the differences between impeachment and what congress would have access to do would be subpoenas and asking for the white house to testify, bob

mueller, etc. >> i was going to make those similar points. one of the most intriguing aspects for impeachment is that it will give them a greater power to compel individuals to testify to get access to documents, the very things they're getting stone walled on by the white house. >> so mcgahn would have to testify if it was an impeachment proceeding? >> it would be stronger. peachment is something constitutionally conferred on the house. all of us realize the gravity of an impeachment proceeding. if you are a judge trying to balance the equities here, congress needs this information versus the need to keep it secret, the balance would tilt in favor of access if you're talking about impeachment of a president as opposed to a political gesture. >> what's the advantage of peachment like? that's kind of what they're doing right now. to both your points, it drags it

out but you don't get satisfaction because you'll end up going through court. we don't know how long that will take. those on the democrats side who want impeachment, they're frustrated that you don't -- maybe you're not satisfying any master because you look like you're just harassing the president to the right, and to the left you look like you don't have the courage to pull the trigger on impeachment. >> this is the reason the speaker is standing firm and she might be waivering because, harris, to your point, there are bigger names coming out and saying it. >> it's more than they want to fly the flag just for fun. fun for them. legal ramifications of impeachment are all a reason. i don't know that she will be able to beat back the crowd within her own party. >> here's the problem. as speaker of the house, she is also leader of the democratic

party. not just the house, more so. okay? and if we look at history, we know the impeachment of bill clinton didn't work out well for the republicans. if we also look at lot of people out there who were unhappy the trump administration or might be about to vote for democrats are going to do so based on healthcare, not impeachment. politically, this could have really negative ramifications. at the end of the day, the house is going to, we know how they're going to vote. they'll vote in favor. >> loretta lynch back in the spotlight. we're now learning she had a problem with what james comey said about her congressional testimony on the clinton e-mail probe. what all the discrepancies among the obama officials and what this could mean for comey's credibility? we'll debate that next. ♪

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>> that was former fbi director james comey back in june of 2017. comey claims obama attorney general loretta lynch directed him to refer to the clinton e-mail probe as, quote, matter instead of an investigation. now newly released reports claim she didn't agree. lynch said she was warning comey not to reveal an on going investigation. but denied she instructed him to mischaracterize anything. lynch said, quote, we were discussing how best to keep congress informed of progress.

when the director asked me how to best handle that, i said what i have been saying is we received a referral and are working on the matter, working on the issue. comey and the former cia director in an on going dispute over the field dossier and which of them may have pushed the intel community to include unverified documents in its report on russian collection interference. do you know what? we all heard the words she said. it sounded like she said call it matter. did i miss something? >> i don't think you missed anything. i suspect that her distinction is between suggesting and ordering comey not to call it an investigation. >> she's the attorney general. >> when the attorney general says something, you typically will follow that advice. >> yeah. >> here's the thing about jim comey. wouldn't be the first time in history jim comey may have been 100% about something that happened. seems like the unifying thread between what jim comey does, he

always comes out presenting himself as the independent man of integrity who is above politics. so he'll push back on democrats, on republican, and at the end of the day, he is the rock, the independent investigators. >> he's also chatty kathy, fbi director. i have never seen someone come out and spend so much time on television, on twitter, pontificating it is so annoying. i can decide if the threat is everyone is turning on each other now because they're getting closer in this investigation to how did the whole thing get started, or if everybody just hates james comey. because he is -- you got mccabe, they're turning on each other. now loretta lynch. they're turning on each other. wait, comey is each of those equati equations. >> the reason why they're

turning on each other is because john durham, the u.s. attorney, has been appointed and there is now an ability to charge people with not speaking correctly or truthfully under oath. comey's made a lot of statements under oath. loretta lynch has made a lot of statements under oath. this isn't just the attorney general looking at behavior. they have someone appointed to look at real criminality and consequences for the way all of this went down. whether it was -- >> someone's lying. >> someone's lying. they may all be lying. the point is they may all be held accountable. >> all right. real quickly, i want to bring up another quote from the former ag loretta lynch on comey's claim. this from december 2018, a transcript. we did have a conversation about it, so i wasn't surprised that he remembered that we met about it and talked about it, but i was quite surprised that that was his characterization of it

because that's not how it was conveyed to him. certainly now it was intended. now we're getting into intended. i just listened to her use the word matter. >> it's he said/she said. both of them have been painted and james comey most recently by the president, as a liar. somebody's not telling the truth or there's been a complete misunderstanding of the english language with regard to that meeting. i hear what you're saying but i disagree. what i think it is, the court of public opinion has never really been included to this degree. we are releasing the transcripts. you can see what loretta lynch said. this is all ab saving face for themselves. >> based on the meeting loretta lynch had with bill clinton on the tarmac, i'm sure he wanted to translate the matter. >> okay. president trump speaking at a rally in central pennsylvania last night, accusing those who investigated his 2016 campaign

of committing treason. and saying attorney general william barr is going to get to the bottom of it all. >> there was treason. it should never be allowed to happen to another president again, ever! ever! ever! we have a great new attorney general who's gonna give it a very fair fight. >> the attorney general is defending the mueller report rejecting the idea that he's acting more like the president's personal attorney telling the wall street journal i thought the rules were being changed to hurt trump. i thought it was damaging for the presidency over the long haul. every grave juncture the presidency has done what it is supposed to do, which is to provide leadership and direction. if you destroy the presidency and make it an errand boy for congress, we are going to be a much weaker and more divided nation. i will go to you because this is

a conversation today where they say this battle on a higher level is like the musical hamilton. it's a battle between the two branchs of the government and which one has the most power. >> it is a constitutional clash. the way all of this is resolved, obviously will have ram tpeu kayings that far outlive trump's presidency. i will say this on barr. he's come under criticism, political criticism, legal criticism. he has been very consistent. hef beating the drum on executive power back when it was really unpopular. now scholars are focused on this. back in the first george bush administration, barr was out there saying that you have to respect the power of the executive. that was the advice that was reflected in his memo to the campaign. that is the position he is still taking today. >> what about on the spying issue though? i remember where i was when that first tweet came out and the president said trump tower was wiretapped. do you think something nefarious from the legal.of view happened

there in terms of how they decided to go after the campaign and listen in? did they have a legitimate reason for going after him? what's your take? >> my take is that what happened in 2016 was unprecedented in american history, in terms of surveillance operation, under cover agents being used to investigate people connected with the presidential campaign. extremely unusual tactics. they would typically been used in narco traffickers, terrorists, but not a presidential candidate. we're going to find out through the durham investigation and other things what it was the people at the justice department saw that led them to think these extraordinary measures were warranted. >> katie started us off by saying this is ab john durham being able to go places in the investigation where the ig can't. you and i have talked about that. you schooled me on, you can subpoena, you can't do a lot of things. i think this is about john durham. i think it's about john durham. this is a man who has been described not only as a bull

dog, but he has made a history of overturning cases. it is more complicated than you brought in somebody to take a look at something. you brought in one of the best in the business at taking a look at business. you're going to see a lot of day light on, they say it's the greatest disinfectant. you're going to see a lot of daylight on a lot of issues. then the question become, what do we do when we get the information? do we have a backbone in this country to really press against the investigators that they did something untoward or illegal? >> we'll hold them accountable. we'll see what happens. >> okay. the trump administration heading to capitol hill today to brief lawmakers on the situation with iran. that country ramps up uranium enrichment and rejects talks with the u.s. could today's briefing lead to formal action in congress? >> it's very hostile. number one, provateur of terror.

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>> let's check in with harris and see what's coming up on outnumbered overtime. >> we've got lawmakers pulling into sight getting ready to join me. first up a republican in today's house judiciary committee chair hearing where don mcgahn was a

no show. will that committee hold him in contempt for defying a subpoena and whether all this is just political theater. we've been talking about it. whether speaker nancy pelosi can keep holding off democratic leadership on impeaching the president after a gop congressman doubled down on his call to start proceedings. all of that and much more atop of the hour. melissa? >> thank you. white house set to brief congress today on the tense state of affairs with iran. secretary of state mike pompeo, patrick shanahan and join chief chairman joseph dunford will speak to house and senate members in a closed door meeting. some house democrats have set up their own iran briefing today inviting the former cia director john brennan and wendy sherman. all this after president trump told reporters yesterday that he would not hesitate to respond should iran attack americans. >> we have no indication that

anything's happened or will happen, but if it does, it will be met, obviously, with great force. we'll have no choice. >> iran's foreign minister said the country doesn't want to provoke a war, but will hold its ground. >> there will be painful consequences for everybody if there is an escalation against iran. that's for sure. the united states is engaging in economic warfare. it has to stop. iran is not interested in escalation. we have said very clearly that we will not be the party to begin escalation, but we will defend ourselves. >> tom, i will say iran has been at war with the united states for 40 years by killing americans through their proxy forces. it seems to me like democrats are looking at this through the lens of iran deal, where the trump administration is looking at it in terms of the whole behavior. >> the trump administration is taking a stand.

president reagan said when you negotiate or if you negotiate you need to do so. that's what we're seeing. under scoring nations inhaeurpb right of self-defense, making certain military decisions to communicate a position of strength to the iranian. from the democrats perspective, it is interesting they had a separate briefing, like a point counter point. they were less hearing from the policy makers who have been on the front lines as opposed to john brennan and other folks from the obama administration. >> let's hear from secretary mike pompeo. >> my expectation is that every member of congress will join in our effort not only to deter iran from taking action against american interests in iraq and elsewhere in the middle east, but be very supportive of this administration when we take action that are consistent when protecting americans wherever they are serving. >> leslie, how is it in the

interest of the american people combatting this threat from iran, which we have lots of intelligence on. missiles on ships, aiming toward american assets in the middle east. john brennan who was discredited in terms of making false claims about what the president has done. how is it helpful to americans for democrats to have him come to capitol hill as someone who they should trust? >> i don't know that necessarily having him there. i trust him 100%. he was one of the players. he was one of the figures. he was in the room when the deal was put there. look, it is commonsense in my opinion when the united states pulled out of this deal, that iran was going to react this way. it was going to increase its enrichment of uranium. if you read "the wall street journal" article last week, it really depends on who saw what first. iran said, look, you're beefing up your military, we need to defend ourselves. we are saying the same thing. pompeo and bolton, even the president eluded to, are iran talks. democrats don't have the same

path to that goal. >> on sanctions, administration said it's a high pressure campaign and it's working. there's a roar showing hezbollah is no longer getting paid in the way they were there, the number one terror organization all around the world. >> you hit the nail on the head. what we are talking about is starving funds to a terrorist organization. that is the way to battle back. they are currently at war with everyone and currently using this money to kill people as opposed to other people we're trying to negotiate with who are still on the sidelines. that's a big difference. >> all right. more outnumbered in just a moment. ok everyone! our mission is to provide complete, balanced nutrition for strength and energy! whoo-hoo! great-tasting ensure. with nine grams of protein and twenty-six vitamins and minerals. ensure, for strength and energy. but dad, you've got allstate. with accident forgiveness

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doing out there, you dice it up in a fair way. you ladies, as well, good stuff. now here is harris. >> harris: fox news alert, white house former counsel no-show at hearing on capitol hill, setting up potential contempt citation and court battle. "outnumbered overtime," i'm harris faulkner. don mcgahn defied subpoena for his testimony before house judiciary committee after president trump directed him to ignore the summons. chairman jerry nadler threatening to go to court to get mcgahn to appear saying subpoenas are not option. >> when this committee issues a subpoena, even to senior presidential advisor, the witness must show up. our subpoenas are not optional. mr. mcgahn has a legal obligation to be here for this scheduled