>> sandra: tomorrow is the day. tune in for coverage starting live at 8:00 a.m. eastern time. thank you for joining us right here. it'll be a big day tomorrow. we will see you then. "outnumbered" starts now. >> melissa: fox news alert, president trump speaking moments ago as the feud between them and the so-called "quad" flares up again. this is "outnumbered" and i'm melissa francis. here today, my partner harris faulkner. fox news contributor emily compagno. syndicated radio host and fox news contributor, leslie marshall. joining us on the couch, david avella. gopac chairman and veteran republican strategist. we have a lot of questions for you today, as he is out there at what felt like a campaign rally. we are going to dig right into that and get your reaction. >> david: excited to do it. >> melissa: let's do it. moments ago president trump speaking at the turning point usa teen student action summit in washington, d.c. the president going direct the at the so-called "squad."

>> this "tlaib." [boos] there is no way she stands for the values of the people of michigan. the democrats, i guess, are forced to embrace her. i call it "aoc plus three." >> melissa: this, after minnesota congressman ilhan omar spoke at an event in washington, d.c., today. listen. >> we are talking about the president, people will say his remarks are racist and will forget the inherent racism that has always been part of him. and how much he always seeks an opportunity to vilify others. >> melissa: yesterday, at the naacp national convention in detroit, michigan, congresswoman rashida tlaib revives or calls for impeachment. >> i'm not going nowhere! not until i impeach this president!

we need bold action, folks. i know what's happening out there, and it's beyond just the four of us. the squad is all of you. >> melissa: now we are getting new polling showing what impact this maybe having on the president. this marist poll was directed after the president's controversial tweet about the squad was condemned in a house resolution. it shows the president's approval rating hitting a new high of 44% in the marist poll. david, what you think about tha that? >> david: he is sitting in the right direction because he is doing the right things for america. you have an economy that is humming along. you have efforts to secure the border going on every day. you have him continuing to negotiate for better trade deals for america. things are moving in the direction of the results that americans want. we hear lots of noise and we will hear about it tomorrow with mueller and this feud he has

going on with the four members of congress. at the end of the day, what voters vote on our results. this administration has gotten results. >> melissa: leslie, it seems like there is no oxygen out there for the people running against the president for president coming up. we don't hear a lot about them with all of this back and forth. is the so-called "squad" doing your party a favor in the 202020 election? some would say they are attacking him as a racist, that they are maybe exciting democrats on the left to go out and vote against him. so maybe they are helping or maybe they are taking the party ended the in a direction where she says they have to raise the minimum wage of $20 an hour. are they helping or hurting? >> leslie: they are doing both, it depends what you ask. i was speaking at netroots nation. last week, in philly. when i was talking about the squad and i was talking about the divisions within the democratic party, there were some people nodding in agreement and some people who were angry. and we are all democrats. most democrats sitting in the

room. this is why. when you look at that marist poll, when you look at some other polls, independents are going to decide this election. they love the economy, they don't like him. when he talks like this it doesn't help with independence. it does help him with his base. quite frankly, the gang, the squad, they are helping him with that approval rating, i believe. i do think on the right it gets more people out but it gets more people on the left when they talk about racism and when they fight against comments like "send them back." >> melissa: emily, i think she's right in a sense that elections have become about everybody getting their side very excited. i don't think independents decided any longer. i myself am an independent. but i think they become disaffected and end up not voting. it's about passion. who can get the most passionate people out there? not who can be in the middle. what do you think? >> emily: i hear what you're saying. i think the stakes are high

coming around, and because of the rhetoric on the kind of bilateral choice that the president has put out there, we've talked about this in the past. i think the poll shows the strategy is benefiting him. and that it's raising the squad as a foil. but it's also benefiting them, too. they are each going to their individual audiences and achieving the results they want. the squad has a much smaller audience and it is fractured, ultimately, within the party. of the president has his existing data to go on. i think independents shy away from political squabbling but they are attracted to the data. >> leslie: can i just say -- i'm sorry, i have to say this. i've been called out on this. you can't say they have a small audience, just looking at aoc's twitter followers alone. >> melissa: harris, you always make the point, the difference between those who recognize aoc's name and those who like her or approve of her. there's just a huge gap in that number. it's not a good thing. >> harris: in like ability, it maybe important for her.

she's not old enough to run for president, she's still got to prove to her own district here in new york that she can be effective as a leader. we are yet to see anything other than the green new deal. can she come up with ideas for the boarded? with us or district need? that sort of thing. all of that matters now because basically nobody really knows her. they only know her name. she says something, leslie. they love the economy, but they don't like him. meaning the president. >> leslie: the independents. >> harris: right. i asked, why is that an issue? history , historically, likability -- ac plus three, as he likes to call them now. for the president, historically, people don't care about that. you don't think your election hopes on whether people like you. if you had for years, did you deliver? all the points that you mentioned, and even you said they love the economy. "love" is a strong word for a democrat to use about this economy. it's accurate, if you go into those urban develop in zones, so on and so forth.

that's an issue, because those four women have singled themselves out as women brown and black and now we are focused in on that as much as we are what is being delivered in the economy. so, where the president makes ground in the black and brown communities and the economy matters in this discussion pray likability, i would say, does not. >> leslie: but it's not just likability of him. >> harris: i went based on what you said. that they don't like him. >> leslie: when you are talking about -- you said "historically," write? "historical" with donald trump is out the window. he changed the game in a sense when he became president. >> harris: he can't change what's true about history. he can't make george h.w. bush have become an incumbent who won. he can't change history. >> leslie: when you look at what voters wanted during george bush, as you use him as an example, versus now, it's different. social issues are more important to voters on both sides of the isle now. health care is so big -- >> harris: but what reigned

supreme is still economy, and the sixth of that is health car. >> leslie: health care is not considered as an economic issue among voters. it's also considered a social issue. immigration is another issue. it's very important to -- >> david: leslie is trying to make a point that somehow the president will have an unfavorable rating going into next year and that the democratic nominee is going to have a favorable rating. there is no proof of that right now. particularly as the nominate -- >> leslie: that's not what i said, actually. >> david: but that's what you need. you can't have a president who has gotten results against a democrat who is by and large undefined, unfavorable, running on the agenda that their party is looking to run on. which is to raise the minimum wage, which is going to cost jobs. as we just saw bernie sanders point out. he had to cut staffers so he could put the -- >> harris: that was complicated with his message, right? >> david: now they're talking about the green deal. >> harris: which democrat are you talking about? still barely, but on a wire, joe biden?

uses and problems for him, leslie. >> leslie: i see problems for him, definitely. his lead has been drinking. elizabeth warren, kamala harris, they're coming up. this is not a sprint. this is a marathon. i don't agree with you, just because of the attitude among many in our party which is to vote blue no matter who. honestly, i don't think we are going to see numbers and i don't think -- if they do what they didn't do in 2016, which is unite and vote for whoever is on that ticket, that could be a game changer but it's going to be very close and you just look at how divided, almost 50/50 -- >> david: if you believe -- >> melissa: if you had to guess who it's going to be, who would you guess to if you had to guess right now. >> leslie: joe biden. >> melissa: really? >> leslie: and i would have thought it would be biden-harris until she somewhat, and many people's eyes, tried to paint him as a racist. >> harris: greg gutfeld -- and i don't agree with this -- on

twitter. i agree with you, the fact that she went after biden so efficiently at that last democratic debate. the first one. and what greg pointed out to me, maybe some of that was needed because joe biden -- maybe they are a good foil for each other. if you are watching. >> leslie: i don't think she's got a chance now. >> melissa: republicans preparing a "war room" to respond to robert mueller's house testimony tomorrow. as democrats step up their game, one committee chairman telling the former special counsel to flat out ignore a request from the justice department. plus, democratic presidential candidate senator kirsten gillibrand finding herself on the defensive after a number of democrats say they regret pushing former senator al franken to resign over sexual misconduct allegations. what senator gillibrand is saying now. ♪ wow!

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simple. easy. awesome. xfinity. the future of awesome. >> harris: become and with this this fox news alert. republicans are preparing "a war room." less than 24 hours out of robert mueller's high-stakes testimony on capitol hill, democrats are gearing up, as well. holding mock hearings today to prepare their strategies for questioning by the house judiciary and intelligence committees. just last night, fox news obtained a letter sent by the justice department to mueller questioning him to be careful about what he reveals in hearings tomorrow. the doj wrote this. "any testimony must remain within the boundaries of your public report." but earlier today house judiciary committee chairman jerry nadler said mueller does not need to listen to the doj anymore. here it is. >> he does not have to comply with that letter. isn't work for them. our goal is to break the lies of

the president and the attorney general saying that the report found no collusion, found that there was no collusion, no obstruction, and exonerated the president. >> harris: obviously republicans do not share the chairman's enthusiasm over this house intelligence committee member brad wenstrup says tomorrow's testimony will be mostly for show. >> i think you will see some theater. there is obviously an obsession to continue -- by some -- to go after the president and his team. i think there will be one more opportunity for them to make a public spectacle of it even though the report has said no collusion. >> harris: i think the american public is so busy, and we are going to have a nice day for the rest of the week, most of the country seeing some sunshine after epic amounts of rain. people focused in. what they really want to know from nadler, i would guess, is they are just looking for the truth. it felt partisan, what he was saying. >> david: hopefully robert mueller will speak very slowly and articulately

tomorrow, so democrats can understand when he says, "we. did. not. fine. evidence. of. collusion." >> harris: that brought brougho light for me. that's what they said they wanted. beyond that you have to wonder, is the house now being run by keystone cops? they had the impeachment vote last week, and then this week they are going to have mueller talk about whether there was enough evidence to have an impeachment vote. it's almost like they want to do the trial on whether you should get a speeding ticket before you get the speeding ticket. >> harris: but it wasn't up to them, which is the point of risk for democrats. bob mueller holds a lot of power in this. he delayed. things are not to his liking. he pushed back a week. heck, some democrats are telling me, "we are hoping he will still show up less than a week ago." >> leslie: i think you will show up. be through the department of justice put this out. a lot of democrats get angry with me, but i'm worried that

line is going to be, "nothing burger." the reason i say that is even before the doj said, "look, you can't draw outside of the lines," even though he doesn't have to comply. as a private citizen right now. he said that from the get-go. i do think it's important -- >> harris: he said he would go outside of the report. >> leslie: correct. >> harris: in the doj's giving them good advice on that. because if you do, it opens everything up. >> leslie: he said he wouldn't. but there are a couple things here. one, the mega people most have not read the 448 page report. two, then again, are a lot of americans on wednesday in the summer going to be watching this? especially if they have the day off. three, do they want the truth? will they hear the truth? and is hearing the truth from them verbally versus what he wrote on paper, which is going to be the same, going to change anything? >> harris: so what is the truth, leslie? why do you think rod wheeler lied in his report? what is the truth? with the truth everyone is looking for? >> leslie: i think,

specifically, when he said -- and i'm going quote, "when he said he believed indictment was necessary, they will ask why pray they also will ask why you felt as a prosecutor that you could exonerate him. he didn't say enrolling with that." >> harris: they have an on the couch. >> emily: everyone is expecting her to be a smoking gun, and that would only happen if mueller was not either confined by the redacted public version of the report, or the doj constraints that german nadler and others think that he has all of a sudden been shackled by. what they want to hear from his lips is, "but for his presidency, yes, we would have indicted him." and i was not going to happen. it wouldn't happen whether he was within the confines of the document where the doj's constraints that they have now set forth. i think it provides them a good backstop in that it's not just him by himself bobbing in the water without that kind of, "look, this is not coming just for me." >> harris: a quick follow-up for you -- how important is the

president, and what does it look like, when we learn that you are not going to charge a sitting president? where does that come from and how important is that precedent? >> emily: it comes from the oil g, office of legal counsel, in the white house, and past presidential decisions. there is some leeway, however, this exact situation, we have not seen exactly in the past. some have argued, why do we take you through the courts and let's have it play out? that kind of ghost toward the tension of the branches that we are seeing play out between now and the deity r. >> melissa: i think his answers are going to frustrate everyone and at the end of the day both sides agree to claim victory. what you think? [laughter] >> leslie: i agree. >> harris: both sides saying -- >> melissa: but they are frustrated. he didn't answer this, he didn't do this. >> harris: but one site has the effect of what was in the report. and i say "we" as on they'll come around the nation. we were all purged that day to see the robert mueller report come out.

and yes, it was a drip grab and it was four pages, and it was longer, now there's a skip of the doj where you can read it, % on unredacted. did anybody take a chance agree that? >> david: 95 members of congress decide they are going to change their vote from last week impeachment vote when a 95 per then voted for impeachment. it's only way this matters. i've advised the public has made the decision. they have decided whether they believe something has happened or not. they have particularly, back to earlier discussion, independents have made it clear they don't want to see impeachment go on. they want to focus on health care and the cost of living, the economy. the only way this has any impact is if nancy pelosi can corral more votes come up to 217, to have impeachment to a trial goes over to the u.s. senate. they are going to get from 95 to

217? 270 democrats are not going to vote for impeachment. >> emily: remember what congresswoman's beach house on the other day. she said it doesn't matter the results of the investigation, we don't have the time to wait, and the public has probably made up their mind. >> harris: keep it right here on fox news channel for our special coverage of robert mueller's house testimony. anchored by bret baier and martha maccallum. it all begins at 8:00 a.m. eastern tomorrow, and during the day when they take a break you will see me and melissa here pop up as well. let's move on. democratic presidential candidate elizabeth warren says the trump economy is headed for a crash and she has a plan to stop it. but as a stark market rises and unemployment falls, will her message resonate with voters? a debate to watch, next. ry♪ but allstate actually helps you drive safely... with drivewise. it lets you know when you go too fast... ...and brake too hard.

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♪ >> we need to restrain spending more, but the numbers weren't there.

so steven mnuchin and speaker pelosi and others worked together. i think political -- is the art of the possible. we did about as good as we can do and there's not going to be any debt defaults. >> melissa: that was chief white house economic advisor larry kudlow defending a bipartisan budget agreement lawmakers announced yesterday. it all but eliminates the risk of another government shutdown this fall, but it's already drawn blowback from fiscal conservatives worried about overspending. the house and senate will still have to vote on the agreement, which outlines nearly $1.4 trillion. trillion dollars in spending next year. the president treating yesterday, "i'm pleased to announce a deal has been struck on a two-year budget and debt ceiling with no poison pills. this was a real compromise another to give another big victory to our great military and vets." but politico reporting house conservatives are launching an 11th hour bid to have the president reject the deal unless he gets new concessions.

and north carolina republican mike walker tweeting out a picture from one of the batman movies that shows the joker lighting a pile of money on fire, and the caption reads, "budget deal." david, i have to say, i sat there and thought to myself, "look, they can agree on something. spending a whole bunch of money." >> david: it is spending money but it's also bringing a little bit of stability for the markets, which they like. they like predictability. we are going to have a budget in place. we won't have a big-budget fight, which democrats often say, "we don't have a budget in place to get the economy all roused up ex-midcoast we won't have that not only will of the markets like this, independent voters will like this. for those who don't like the spending, it's a reasonable position to have. both seem time this great economy is putting more money into the government by more tax dollars going into it.

as jet can be used to always say, "a growing economy helps take care of deficit." >> melissa: you don't think the president will derail at the last second as politico is in? paris, what do you think? >> harris: i want to yield my time to leslie. [laughter] where the presidents a couple days ago, one of the points were he's given remarks. that it really isn't something to play with. the debt limit. to hear those words, it's got to be so oppositional to what democrats think about the president. he is saying he's playing ball because this is too important. >> leslie: this do publicly is a for both sides. but -- wait! it's not a win for our kids were going to be paying for it, but nancy pelosi -- >> harris: well, none of it is. >> leslie: they get props as a speaker and a dealmaker, people get to go on their summer break

to their constituents, a republican say, "i got money for defense in the military. democrats say, "we got more spending for domestic issues." and that they were able to raise -- listen, this is a win for both sides. politically. >> melissa: i can read about on more things? could we do that on immigration? are there bunch of things where everybody could win and we could have more sanity and stability? >> emily: you would think. my issue with this is that if it's a bipartisan win, debt is a bipartisan issue. everything staves that often to the next one and we are ultimately going to pay for it. we are now. the debt per citizen is $68,000, and for taxpayers, it's $183,000. these numbers are so big it's hard to even -- >> harris: that's amazing, the debt is bigger and people paying taxes. i know it that's how supposed to work, but wow. this is politically the best

deal trump could get, but it illustrates that he could -- it's frightening, i don't see there being any auditing. it's always more spending but i've yet to see an audit occur. >> melissa: i'm glad you bring that up. that has been the conversation this week. the president, if you were reelected, would have a big opportunity at the beginning of the second term to really do something. that's the only way you can make a difference, to cut entitlements. to think that in a second term, dare we hope there could be there could be some real discipline? >> david: we can hope. it depends how many democrats are in the u.s. senate and the u.s. house. because none of them are talking. particularly -- >> melissa: how does that -- >> harris: to kick the can down -- >> david: the president talks about doing in the second term. has made every effort. as larry kudlow points out, you get the best deal you can with those who are sitting at the

table. it's clear but democrats, despite the fact that nancy pelosi always is talk about that we don't pay with thc weapon, and then this very year use the debt as a negotiating point. >> harris: for the president to do that, to his credit. it takes a knife out of the hands, politically, of his opposition to be able to say, "no, we stood up for the country." because you have to deal with the debt limit. you don't have an option. >> david: we do need to pay our bills and we are working towards that. again, a growing economy helps with that. puts more money into our economy. the other thing -- it will actually be interesting to see how many democrats vote for this because it also has money for more border security. >> melissa: we did have that shut down. wasn't it march 2018 when they reneged on a deal and the president, he got planned for that? we have seen this play out before when the president did derail it at the end, yes? emily? >> emily: yes, which is why it

behooves everyone politically, if it doesn't happen now, everyone is going to the reelection. everyone is covering their hide by refusing to go there at this point. it would be damaging to everyone. >> harris: it was my understanding that >> the this beyond that. it looks like the back of a "just married" vw pay [laughter] democratic presidential candidate elizabeth warren sounding the alarm over an economic crisis, she says. the center promises the rising level of household and corporate debt coupled with a sharp decline in manufacturing jobs has set the stage for another economic crisis, which she has the answer to. senator warren is proposing we cancel the majority of student loan debt, increase oversight of corporate lending, and invest $2 trillion in green many factory jobs. but her warning comes as we hit tends straight years of economic expansion with some of the lowest in employment numbers and decades and record high gains in the stock market. money, i come to you.

>> melissa: [laughs] i can't believe she makes his argument with a straight face where she says the warning lights are flashing, the chances of a downturn are high and growing. i don't know how she can make those arguments with a straight face. some of her evidence she uses, she says that household debt is at a record high. well, so are assets. it's just like when movie ticket prices -- every new release is a record because the value of money goes up. we do have a record that in the household but we also have record wages and record assets. i look to somebody like jamie dimon that jpmorgan which says the balance sheet for consumers is the best he's seen in like 30 years. people are doing much better, and she is trying to argue the opposite. and then later on a whole bunch of spending. rashida tlaib is giving her run for a monday. who can offer more? when she says they should raise the federal minimum wage to $20 an hour, the budget office says

immediately that would cost millions of jobs. it's nonpartisan. >> harris: i caught a tweet by governor mike huckabee today and he said, "why stop at $50 an hour? why don't they get what congress makes to make $84 an hour. go big or go home, democrats." >> david: dodd-frank, we have to have these controls put in corporate america because they are doing bad things. not even the southern district here in new york has prosecuted anyone on the dodd-frank laws. it shows how out of touch elizabeth warren is on our u.s. economy. >> harris: oh, my gosh, leslie, what's wrong? did you see that side i? [laughter] >> leslie: in 2003 elizabeth warren said that the subprime mortgage lending would lead to an economic crisis and everyone thought she was nuts. she was crazy, except five years later in 2008 she was right. it happened.

the reason i'm saying that is some of what she's saying may sound crazy because the economy sounds good. there are some economists out there who says we could have a recession next year. some say we are definitely looking for a slow down. she might end up being right. she was before. >> david: let's take that one more step. at the time of the economy is strong and we need to do more, and americans are ultimately feeling like they are not getting a fair shake, is it a fair shake to the millions of americans who pay their student debt to say to an entire generation of other students, "you don't have to parent anymore?" >> melissa: i've covered elizabeth warren since 2003 and she has predicted about 25 of the last two recessions. [laughter] >> harris: see, those numbers! don't go to sleep on those numbers! >> melissa: sooner or later you're going to be right. it's just a question if you are yelling "the sky is falling" every single day. >> emily: i think given her background on anti-corporations that she is a hammer that sees everything as a nail, when i

heard this. i think this is honestly bordering on kind of bizarre fearmongering, that voters at this point were either dismissed or mock, frankly, because it's t data at this point. whether she is right in five years. >> harris: before we go on, some are arguing that we could see a recession. and you say what to them? >> melissa: i say the federal reserve has changed their stance to the point that they are proactively trying to prevent this from happening. you will see how good they are at that. we generally see a pullback every ten years. we are statistically do for one. i don't see signs out there that it has happened. while you are saying is, "boy, we haven't seen one in the long time, so we will see one now." the fed is working hard in the other direction. when we got it. the trump administration taking steps to fast-track deportations amid the crisis at our southern border with mexico. critics already vowing a legal challenge to this. ♪ one of the benefits we as a country

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i wouldn't use anything else" ♪ let's see, aleve is than tylenol extra strength. and last longer with fewer pills. so why am i still thinking about this? i'll take aleve. aleve. proven better on pain. >> harris: president trump's choice for the the next defense secretary has just been confirmed in the senate. 90 to eight votes. all those who voted against him are democrats. most of them are running for 2020 presidential -- againsthe president. senators kamala harris, amy klobuchar, cory booker, kirsten gillibrand, and elizabeth warren all knows in the group of eight against mark esper as the next defense secretary. notably, the pentagon near 200 days without a permanent top leader. that's by far the longest

absence in the history of the department. we mention that because we know we've had a couple of notable exits from that position. but it has been vacant with an actual person who is not just acting after jim mattis resigned in december. so this is a big deal. we were anticipating that at 6:30 p.m. eastern this evening in the oval office that mark esper will be sworn in after senate confirmation just put him through. we will cover the news as it happens. a new legal battle is expected as the trump administration ramps up efforts to address border crisis. dhs has announced a "fast-track" deportation policy. the new rules target illegal immigrants who cannot prove that they have been in the united states continuously for at least two years. the policy allows immigration officials to deport these individuals without a court hearing. dhs says it will help reduce an immigration court backlog of nearly 1 million cases and free

up beds in detention facilities. critics are vowing a legal challenge. an official wrote this -- "under this unlawful plan, immigrants have lived here for years would be deported with less due process then people get in traffic court." fox news is also learning that i.c.e. has arrested nearly 900 people since may as part of operation cross-check, which targets illegal immigrants under final deportation orders paid let's take a look at this new fast-track situation. emily? >> emily: here are some issues about it. first, what viewers should know is the former rules for fast tracking deportation as enacted in 1996 by those on the hill made it clear it could be expanded in times of surges of illegal immigration. we talked about this before, the current wait time for a court case to be resolved on the immigration front is 727 days. it's double what it was 20 years ago. these cases are crippling our

immigration system. last year, under that fast tracking, he reduced the time that the dhs took to deport immigrant from 51 days to 11. my point is, yes, we are in a crisis. this incredible backlog. it is being crippled. and this works. critics, on the other hand, and with the lawsuit will inevitably state, it's a national "show me your papers" law. that the burden is on the migrants to show and prove, "look, i've been here longer than two years. that would be an unconstitutional burden. and that's how they will win back. that's what they will argue. >> harris: i'm just a basic girl, here. are they covered by our constitution by being here illegally? that would be my first question. i see you nodding yes, leslie. to which degree? >> emily: yes, they are. what i want to point out the most and what i want viewers understand, there's a lot of power in the hands of legislators. who is out crying about this?

and what other jobs? because it's the policy that can be totally rewritten. it doesn't have to play through the courts. the legislators can change that policy that allows for this kind of restriction and fast deportation in searches of illegal immigration. >> harris: i ask these basic questions, many of them we know the answers to. as people out of the conversation come in and out i want them to get the basics. the basics for you, leslie, if you don't do this, what is a democratic answer to fixing the problem quickly? >> there is no answer to fix the problem quickly. we have a constitution which is clear about due process and these people in the united states are allowed, whether they are here for a day, two years, whatever their time frame is, to have a due process. >> harris: and you think it slipped away in challenge? >> leslie: there are two parts here. there is the primitive, not in the united states. and then there are people in the united states which are covered by the constitution and due process.

is nothing. think about it, you're saying is something who's an undocumented worker working for someone who should not be hiring them, "proof that you been here two years. but i need a letter stating that i've been working for you big illegally, and you hired me illegally for two years. they won't be able to prove it. the court is going to be on these people's side. to your point, i've said it before. asylum powers seem to have more power to make decisions at the border. we need the preparations distributed differently. the backlog is not to be where it is if we put more money. >> harris: melissa and i will help pay for the potato chips a few of bipartisan summit. i'm half-joking. a >> leslie: to margaritas? [laughter] >> harris: no regrets for the white house hopeful kirsten gillibrand. the senator defending her push to force out al franken after he says he shouldn't have fought -- or, he should have thought more to keep his job. what gillibrand is saying about it now.

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hey! i live on my own now! i've got xfinity, because i like to live life in the fast lane. unlike my parents. you rambling about xfinity again? you're so cute when you get excited... anyways... i've got their app right here, i can troubleshoot. i can schedule a time for them to call me back, it's great! you have our number programmed in? ya i don't even know your phone anymore... excuse me?! what? i don't know your phone number. aw well. he doesn't know our phone number! you have our fax number, obviously... today's xfinity service. simple. easy. awesome. i'll pass. >> melissa: we want to bring you this breaking news right now, and let you know that there has been an arrest. a suspect has been arrested in the death of an ole miss student.

this is a story you've been following here on fox, and this is coming from the lafayette county sheriff's department. you all remember, this is a casteel, she was found shot eight times near sardis lake. a21 year old student, a female from the university of mississippi. found dead near the lake. they have now meet made an arrest in this apparent death. they are saying obviously there was foul play involved in her was discovered by an officer who was out named on patrol. we are going to have more on the story as develops, but they have now made an arrest and a suspect is in custody. democratic presidential candidate kirsten gillibrand says that she does regret calling for al franken to resign from the senate, this after franken told the new yorker that he "absolutely regrets resigning," after multiple allegations of unwanted kissing and touching. on top of that, seven democratic

senators now saying they regret joining the rest of force them out. but gillibrand, one of the first senators to call for him to quit, is now doubling down. offering her strongest defense yet of her actions. watch this. >> it's his decision, and his alone whether to wait out his ethics hearing. whether to wait for his next election. the decision i made was whether or not to stay silent. to somehow blame me for a man's actions and a man's decision is pretty absurd. >> melissa: emily, does it look different today than it did back then? >> emily: i think for her it backfired, yes. i think one could argue she probably did for political reasons to begin with. she didn't want she wanted to be seen as a leader in the me too movement. you could argue she wasn't wrong then and she's not wrong now. but her motives are suspect. >> leslie: democratics at the right thing, i feel. he did the right thing and

resigning, because he can't say, especially female democrats and democrats of more female elected officials and the party, if this happens, these acquisitions have been torn republican, that they have to resign, and not have the same rules apply to your own as with senator franken. there are still on the left upset, people in the white house, even, who have -- >> melissa: you think back to this moment, it was a fast fast-moving thing. people were going down very quickly as accusations came out. there wasn't a uniformity of either the complaints or the punishment. he's looking back at this and saying, "wait a second." >> david: gillibrand is trying to stand on pencil to get her campaign off. the question is, these eight spineless democrats who now say they regret their vote, do they regret their vote against kavanaugh? there is photographic evidence of al franken. there is not one person who would collaborate the story

against justice kavanaugh. >> melissa: interesting. thanks, we have more "outnumbered" in just a moment. to look at me now,

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>> melissa: our thanks to david avella. before we run, what is your hot take on tomorrow? what are you looking for, what do you think will happen? >> emily: we won't learn anything new. >> melissa: wow. okay. leslie? >> leslie: i'm hoping the asking why he pass the buck when it came to indictment. william barr said he could have stated that, and he didn't. >> david: "mueller, hold to what you said in the past and quit talking about your report. it's out there, let people read it." >> melissa: how about whether a crime was committed? we could go simple on that. we will all watch. we'll be back here on the couch at noon eastern tomorrow. we will be watching the meal or testimony as it is. here's harris. >> harris: we begin with a fox news alert. this time tomorrow we expect robert mueller will be testifying on capitol hill. but the justice department is warning him to limit what he

says. you are watching "outnumbered overtime." i'm harris faulkner. the doj warning the former special counsel to keep his testimony to what is in the public version of his 400-plus page report. but that chairman of that panel, jerry nadler, says mueller does not have to comply with the doj's request. he also signals more witnesses maybe called to testify. >> our goal is to break the lies of the president and the attorney general saying that the report found no collusion, found that there was no collusion, that there was no obstruction, and exonerated the president. the american people need to hear this from mueller. then, after that, we need to get some of the witnesses cited by mueller before the committee. >> harris: chief intelligence correspondent catherine herridge now from washington. catherine? >> thanks, harris. good afternoon. this dense two-page letter obtained by fox news has a rr