23. going out on top at a very young age. >> julie: always good to go out on top. >> bill: nice to be with you, have a great weekend. >> julie: we will see you on fox news sunday, right? >> bill: working for my man, chris wallace. >> julie: "outnumbered" starts now. >> melissa: fox news alert, president, arriving a short time ago to a fund-raiser in long island, new york, to host an event. the host of that event being done i face a growing criticism as the supporters get publicly named and in some cases they have been harassed, they say. this is to is "outnumbered" and i'm melissa francis. here today is that host of "kennedy" on the fox business network, kennedy. fox business network anchor, dagen mcdowell. former ohio senate democrat minority leader, capri cafaro. joining us on the couch, david webb, sirius xm radio host and the host of "reality check" on fox nation. he is "outnumbered." >> david: you know it really upsets me? >> melissa: uh-oh.

>> david: i go out to the hamptons, it's beautiful out there. i won't go there this weekend. key forget the river looked on my regular traffic, can you imagine with the president there? try getting out there. >> melissa: miami miami dolphis owner and billionaire investor stephen ross, the host of the fund-raiser, facing growing backlash from liberals going to boycott company he started to come include equinox and soulcycle. he's expressing qualms about going out to today's fund-raiser, but saying he has known the president for 40 years and that they don't always agree on issues. the president defending ross earlier today. >> he's a great guide. by the way, i think is more inclined to be a liberal, if you want of the truth. he likes me, he respects me. we are doing a fund-raiser there. the controversy makes it hotter. they'll figure that out in about

a week. >> melissa: celebrity chef jose andres -- divisive that week dominic right who has a restaurant in that area, "i respect a person's right to politically supportive he chooses but these are normal times. i ask you, steve ross, to use your conscience. cancel this fund-raiser for donald trump. you are a good man. don't support a candidate whose goal is to drive my beloved usa apart." listen to this call to raise the temperature of the protest. >> pitchforks and torches outside this man's house come out in the hamptons. i've been there. it's very nice. there's no reason why it has to be. there's no reason why he should have a nice little party. i want -- there is no reason why people shouldn't be able to be outside of his house, making -- >> demonstrating.

>> being peacefully understood. >> melissa: interesting. meantime, one of the texas trump donors was outed online by democratic congressman joaquin castro. telling "the new york times," he got 25 phone calls before noon the next day calling him a racist and telling him to burn in hell. castro has defended his move, as has his brother, 2020 candidate julian castro, who said this a short time ago. >> he did not put down anybody's private information. he did not put down their addresses. he did not put on the phone numbers. what he did is not doxxing. anybody who understands what doxxing is knows that he did not do that. all right? what he did was he put forward publicly available information that was already out there. the right wing wants to make up a story, because they want to pretend in some way that it's equivalent to the hater of the division that donald trump is fostering in this country. >> melissa: [sigh] david webb, let me start with

you. from the business perspective, i've covered it for a long time. we all know who stephen ross is and his company. i would be willing to bet that he is a democrat. i also, with real estate developers in new york, as president trump has set in the past, they give money to everybody. because you have to cover your bases in order to get your permits approved. in order to build. >> capri: that doesn't just happen in new york, that's if you are. >> melissa: i'm sure he's given money to cuomo, de blasio. i bet he has spread it to absolutely everybody. tell me -- what do you think of the pitchfork comment? >> david: first of all, that's the poor man's don king attempting to make a name for himself. ignore him. it's hyperbole from someone on msnbc. >> melissa: but they show up with pitchfork scheme xp six i'm serious, good luck getting out to the hamptons to protest. the point about the business is this. related, by the way, which is the group that did phase one and

will do six phases in liberty city, liberty square, in frederica wilson's district come to help rebuild that area. ben carson signed the order. i was there in the room, so was george perez and others from "related." they do good work put. all these hypocrites -- soulcycle, equinox attackers, the restaurateur, what was his problem when ross gave him his money for his opportunity? did he object then? no. they are hypocrites, they are using this because it's anti-trump. but they will still want his money next month. >> melissa: kennedy? >> kennedy: we are inventing problems. that means everything is fine. >> david: [laughs] >> kennedy: be truly are inventing problems. if you're not inventing problems, it means two things are happening. one, the president is having a degree of economic success. the democrats can't match it right now with alternatives or ideas. they really need to work on that. there's always a way of doing that.

that's number one, and that's what is causing some of this desperation. the other thing -- and you touched on it yesterday -- as we get closer to the election, the stakes will get much higher. because the next supreme court justice, if you think we are being ripped apart at the seams now, just wait until that happens. i think that is what is fueling this desperation. instead of adding to it and throwing more emotional heat on this campfire, we do need to calm down a little bit and ask ourselves, what are we fighting for and is this the very best way to fight for it? >> capri: what has happened now his politics has permeated every aspect of our society and daily lives, to the point where i think it's making everyone exacerbated by the fact that we need to think twice and three times. every little thing we say, every little thing we do. this is nothing new. i said this yesterday, protesting or voting with your pocketbook and saying, "i'm not

going to do x, y, and z because of their political affiliation or views," it's nothing new from the left or the right. i just want to bring up one thing -- this is truly a creature of the coastal elite. let me tell you something from her more recent in ohio. we don't have the equinox and soulcycle, okay? when you're sitting there being like, "i'm going to cancel my soulcycle!" for $40 -- granted, i have gone to soulcycle. i've never joined and equinox. this is extensive stuff. things most of the country doesn't have. the fact that people have their hair on fire in manhattan or l.a. or d.c. about canceling their soulcycle subscription, boo-hoo, people! >> david: have to push back on something you said. he said that politics has permeated. i've actually been shoved down our throats with this political hacktivism, which is what it is. being carried on by some and on the left. what joaquin castro did runs contrary to a supreme court decision that allowed for information to be made public to protect the naacp.

it happens on the right, but the scope is by the number coming from the left. >> melissa: dagen? >> dagen: i want to point out why we are talking about was andrea's. he has a long-running feud with president trump. he pulled his restaurant out of the trump hotel in d.c. they were dueling lawsuits that were settled. he was very vocal about this. he was invited to the state of the union this year by nancy pelosi, and wearing a t-shirt that said, "immigrants feed america." so he's willing to put his money on the line. he's acting steve ross to not have this fund-raiser because jose andres, as restaurants are kind of the flagship food anchor in the hudson yards project. and he has gone after ivanka trump, because he said he couldn't get in a party in d.c. because of her. and they denied it. there's a long-running feud there. that's why we are talking jose andres. you know what? what a lot of these democrats in

these liberals do, it is just signaling their virtue rather than actually doing something virtuous. jose andres fed millions of people after the hurricane in puerto rico. however, the people who aren't going to soulcycle and aren't going to equinox -- how about making a corn pudding and taking it to somebody who has lost a loved one? how about driving somebody to chemotherapy instead? and sitting with them, rather than worshiping at your altar of a stationary bike? that's what new york and l.a. r. >> kennedy: i will say this, the thing i love about the boycotts -- you can always get a bike at soulcycle, the steamer was open at equinox, and there's a chick-fil-a. >> melissa: i don't think that will last. >> david: it's done in a day, i'm sorry. >> melissa: if we go back and quantify the actual backlash, i bet none of these people who are so vain, going to soulcycle and being on equinox, i bet they don't actually quit. i bet they stop going for like a week and go right back. >> dagen: i don't understand why these people on the left don't use this energy and

hysteria and frenzy to actually try and beat president trump. they are directing this energy into the same trumpian shtick. >> capri: so grad, glad he brought that up. >> dagen: they won't beat him at his own game. they talk about eating peace and they take shots of the president and call him names. you're not going to beat him at that level. you've got to come up with a different act. >> capri: i hope democrats listen. >> melissa: a bombshell development reveals the fbi formerly documented the anti-trump bias of the author of the mostly unverified trump dossier, yet kept using it to renew surveillance warrants. what this says about how political the probes of the campaign actually were. plus, republicans going to war with twitter, citing anti-conservative bias after the social media giant frozen senate majority leader mitch mcconnell's campaign page. the actions they are taking and where all this may be going.

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♪ >> they are treating conservatives very unfairly. we have now, in a little while, all the heads of the biggest companies coming in, we've got to talk to them. conservatives, republicans, they treat them totally different than they treat others. they can't do that. >> kennedy: he is so moist! that's president trump addressing accusations. be what it was hot out there! >> kennedy: clearly quite hot. big tech bias after mitch mcconnell's campaign account, the trump campaign, the

rnc, the house and senate g.o.p. campaign arm, and the senate leadership fund announcing they will no longer buy advertising on twitter, accusing them of anti-conservative bias. twitter froze the team mitch campaign account for posting videos of protesters making threats outside the majority leader's home. here's a snippet of that footag footage. >> this is his [bleep] house. >> come out, mitch! >> he is their nursing has little arm. he probably should have broke his raggedy [bleep] neck. just up the just stabs a [bleep] in the heart, please. >> kennedy: "we firmly believe it allows the hashtag trend, but there is something deeply wrong with that platform. twitter says they temporarily locked the account because it violated their violent threats policy. threats involving food down my

physical safety. >> melissa: that's why they put it up! >> kennedy: they wanted people to know mitch mcconnell was being threatened by a bunch of people his house. >> david: by the way, the woman making that threat, there's now a couple other pictures out on twitter of her with elizabeth warren in an awkward hug. so i would go and ask elizabeth warren about that. might be interesting. >> kennedy: i'm sure all these candidates, they are magnets. who knows who joe biden has sniffed? [laughter] in iowa alone. >> melissa: you can't remember every one. a >> david: kind of a sarcastic observation of how thy portrayed this. the fact is -- >> kennedy: back to twitter. >> david: back to twitter. technically they get away with it because it's the terms of service. but it's the overall thing where if you are conservative, you're shut down and then allowed back. it's back to the lie that goes around the world faster than the

truth approach. twitter needs to fix this because this is what's going to happen --dash they will lose businesses, the free market may decide "we don't want you anymore, and twitter business, they send me post every couple of days. they are looking for business. something is going on. >> melissa: can i ask the couch a question? take this journey with me. if twitter evaporated, just -- i understand something else would pop up, but can you imagine how much calmer everything would be if twitter went away? because you can yell on facebook, yes, but it's sole purpose is not yelling the way twitter is. and instagram is a happy place to be. there's all kinds of pictures and everything else. >> kennedy: sandwiches, bottoms. >> melissa: can you imagine how much calmer? we talk about turning down the temperature, one thing that would help, what if we took down -- >> capri: it's the way back machine was rocky and bullwinkle, 2008! [laughs] >> melissa: the president couldn't tweet, everybody couldn't tweet back their responses, you couldn't get

these flash mobs to give it to do things. >> david: i like twitter being up for one reason -- people expose themselves for the idiots they are. >> melissa: i don't need to see they are idiots. >> david: you don't have to watch it. but i want them to expose himself. >> kennedy: is there an anti-conservative bias? >> capri: certainly in this context i think there's an argument to be made. i've no idea with the algorithm was, maybe facial recognition and certain words somehow shut it down. >> david: what the algorithm's name was. >> capri: who no schematic there is reporting on shadow banning in the sort of thing. i can guarantee you that if the she was on the other foot, and this happened to chuck schumer, that the democrats would be equally outraged. >> kennedy: it did happen to chuck schumer. he did have a mob. if you have the democratic senatorial campaign committee, everybody else would pool their money, this is another example. it's apples and oranges,

something occurring. and people voting with their pocketbook and basically saying, "oh, yeah, you're going to treat us poorly?" they are not the same thing. >> kennedy: frankly, i would rather see these campaign spending arms withhold their money as opposed to some sort of an executive order or governmen government. >> david: i agree with that. >> dagen: the biggest executive order, if you want to call it that, they would actually probably hurt twitter, for president trump not to use it. >> melissa: having his communications director on for the campaign in the next hour, and i didn't want to tease that, but that's my first question da dan. he does the tweeting. is mccain instructor for the campaign. the biggest punishment was to get the president off twitter >> dagen: let me finish. if you want to start this beast, that's what you do. you stop tweeting. because he's driving a lot of the traffic. i do find value in it, in the sense that it's news driven.

you get a happy news, frightening news from these these reporters, covering really epic events around the country. i've used it. >> kennedy: to your point, if you want to get out a sick burn, best way to do it. [laughter] >> dagen: just to add one thing, twitter has curbed toxic, abusive harassment and toxic, abusive behavior to the point that they have a record number of daily users now. it's 139 million, and they have reduced the reports of spam. they fall and 18%. they need to do better and they need to be capable of it. >> david: the solution is not less voices or less talk. it's more conversation. they are up against something that has happened. more data delivery, more targeting, more real data is coming out and technology. twitter is going to have more competition.

>> melissa: there you go. see you in a tweet, it's a cop-out. >> capri: six be man enough to come see it with don mike's my face paid >> kennedy: so much love. has democratic lease a flurry of attacks against the president, calling him a racist and about the premises, some campaign officials reportedly say they believe the attacks will backfire on those democrats. the president maybe building on a sport. details that had, plus newly released interview notes from the doj official, bruce ohr. he's a mystery man. it shows the bureau kept pushing the anti-trump dossier to obtain more fisa warrants come even after documenting the anti-trump bias of the dossier author, christopher steele. more on that bombshell next, stay with us. >> bill barr said this a few months ago. he said there was unfair leadership in the upper echelon of the fbi. we know that's the case. ♪ l memory support brand.

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>> dagen: bombshell new reports that came by fox news show the fbi kept using the anti-trump dossier to get multiple fisa warrant renewals on the former trump campaign aid and keep the rush of probe going in 2016, even after documenting the anti-trump bias of dossier author, ex-british spy christopher steele. this from the fbi's interview notes with top justice department official, bruce ohr. showing that ohr made contact with >> david: team for at least six months, even after they fired him for unauthorized media contacts in november 2016. record so they also knew of steele's anti-trump bias before the election. senate judiciary chairman lindsey graham weighing in. >> the best you could say is they were incompetent. the most likely outcome is that they wanted a result. here's what we are looking at.

systematic corruption at the highest level, the department of justice, and the fbi against president trump. and in favor of hillary clinton. >> dagen: meanwhile, andrew mccabe filed a lawsuit against the bureau yesterday, alleging his firing was part of president trump's plan to read the agency of leaders he saw as disloyalty end. ex-fbi official peter strzok also filing suit this week, making similar allegations. david, we are going to have to wait, i suppose, until the justice department inspector, ig, comes out. the report from michael horowitz, that's next month. to find the real details about the fisa warrant. in order to right the wrongs and reassure americans that these powers of surveillance are being used properly, we need to have some answers and we need to have people pay the price for their wrongdoing. >> david: we do, we need to complete review of the fisa process. when you look at 99% of warrants being approved. back to ohr for a second.

bruce and nelly and her ties to fusion gps, i can the communication that goes through january of 2017. this is significant. those who have gone in and looked at these warrants know what's going on, and i can tell you that they are the real problem here for the fbi. it's going to go back, to peel back those layers. but is not the inspector general report that's part of it. it's the prosecutor out of connecticut, graham. remember, he has full prosecutorial powers. he can subpoena, panel a grand jury. this is the guy that bruce and nellie -- and, by the way, james comey and others -- should fear because he's not limited to still working for the fbi. he is fully open to prosecutorial powers. >> melissa: i think there is that fisa warrant where you have to sign that you don't know of anything. there is no reason why you wouldn't believe any of the sources in the warrant. and now we know for a fact that they had been told repeatedly

that this source for the warrant was not even remotely trustworthy. and they still went ahead and signed -- i mean, that's lying under oath, is it not? i'm wondering -- >> kennedy: that's the problem with the fisa courts. we don't know. there is no oversight. it's essentially a rubber stamp. we know the report itself. there's also no real due process. so if you are accused of something and you are the target of an investigation, you really have no way of answering for yourself. and that is one of the biggest problems here. so much of this has been done surreptitiously, and there are outstanding answers because this is so incredibly politicized. christopher steele, let's say all of his contacts in russia were aboveboard. we now know because of the democrats that any intelligence from russia is complete the un-american and meant to undermine our democracy. so there's that, but steele himself at such anti-trump bias.

for some reason, although he was working with the fbi and we still don't of the full nature of that relationship, he was let go. then, this guy at the justice department is still communicating with him secretly on whatsapp like a bunch of teenagers. so no one can read their communications, and this is after he's been dismissed from the fbi. while there is ongoing investigation. the circular logic is allowing steele's dossier and work to bleed into the press, and then those press reports are used to justify the war into, and the warrant application itself. >> capri: what's frustrating to me about this is the fact that we have these bad apples here who are clearly operating in bad faith, but they are making the rest of the agency and good people look bad, it's tarnishing the credibility of these institutions. i think i'm glad that everyone is talking about the fisa courts. their origin, why the fisa process started, to where we are now, two very different things.

>> dagen: to your point, to quote andy mccarthy, if we can't reassure the american people that these powers are used properly, they will take them away from us. our law enforcement will not be able to protect the country. to quote the great andy mccarthy. the former vice president and 22 of the candidate about told another event with supporters in iowa. joe biden, after a couple of class a gaffes yesterday during events in the first caucus state, whether the verbal flubs will hurt the front runner. we will debate it next. much to be their best, kids need good nutrition. and practice... lots of practice. get them started right with carnation breakfast essentials. it has protein plus vitamins and minerals to help kids be their best.

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>> melissa: the president hitting democratic presidential front runner, joe biden, who is do to hold an event in boone, iowa. this hour -- a verbal symbol, you probably remember that. he did it again yesterday at a town hall with minority voters in the nation's first caucus state. watch this one. >> we should challenge students in the schools. they have advanced placement programs in the schools. we have this notion that somehow if you are poor, you cannot do it. poor kids are just as bright and just as talented as white kids. wealthy kids. black kids. asian kids. think how we think about it. >> melissa: there's that one clap. >> david: that awkward moment... >> melissa: i didn't mean to q you two are really he corrected himself quickly, we want to say that he has conceded in the past that he is a gaffe machine. there are a few more recent ones, too. >> we choose science over

fiction. we choose truth over facts. >> find me a university in the state that doesn't say the education department pointed out that it can provide the three, four, and five years old and new education. they don't increase the chances exponentially. this is the united states of america. we have never been unable to overcome what the problem was. if you agree with me, go to joe 30330 and help me in this fight. thank you very much. >> kennedy: be covered up and able to overcome -- [laughter] >> david: cannot shock everybody for a minute and defend joe biden? the first statement he made, this minority event, he is not wrong. because it's not about poor or rich. it's about ability and opportunity. here's the problem, the end of that statement where he cobbled

together "white, black, everything, rich white kids," he has to fight the democrat base that is playing identity politics with everything. joe was under assault from kamala harris and cory booker. they are playing him hard when it comes to white versus black and white privilege. and he can't figure it out so he has to spit out as much as possible to appease this identity politics. >> melissa: capri, the problem is this is obviously a strategy for president trump. when he says "sleepy joe," he says he's not playing with a full deck, it's as if candidate biden is playing right into the president's strategy. >> capri: for me the president is building a strategy around what joe biden is doing. >> melissa: was naturally there? either way, it's a problem for democrats. >> capri: i think you're making the assumption, and at this point i guess it's logical because joe biden's leading and most of the polls. he pointed out that it's still early. but look, i think it is baked in that joe biden is a gaffes machine. i don't know how nimble he is

going to be against president trump's insult machine, which is obvious. he's not playing with full deck? that's pretty mean. how much is joe biden going to be able to counterpunch against president trump? >> kennedy: is that we need to do, though? i guess that's a question. democrat and republican's have run up against this with the president. don't do a pale imitation of him. and joe biden, if you take some of his gaffes aside, he's actually the least offensive democrat. >> david: but is that what you want to run on? "i'm the least offensive?" >> capri: for marco rubio to try and pretend -- >> melissa: one of biden's own opponents leapt to his defense. listen to this. >> i think that's joe biden being mowed don't act joe biden. he headed poor choice of words but we knew where he was going. >> is he still in the race? >> dagen: he qualified. the >> david: how many debates? >> dagen: dagen, go.

>> dagen: i feel for joe biden. because i make these mistakes all day long, every day. and you always have somebody on twitter, when i say, "let me finish," all the sun on the biggest you know what on the planet and they have to tell you about it. you are under a spotlight and you are working crazy hours. what is "expidentially gimmick" i think i said "cast dispersions" every day. "strategery." at least as authentic him being himself, he's not being hillary clinton with hot sauce in her bag. >> kennedy: at least he hasn't embraced medicare for all. >> david: dagen, and his defense, he has 44 years in d.c. to give us gaffes. >> melissa: i think what's interesting is this excuse, or this observation from yang, with so many people say about president trump all the time.

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>> is the president a white supremacist? >> he is. >> he's a man who cozies up to the white supremacists. >> everything the president does encourages white supremacy. >> kennedy: 2020 democratic candidates labeling president trump a white supremacist. attacks that come campaign officials reported they believe could actually help the president win reelection. not just emboldening his base, but alienating mainstream republican voters. when asked about this by reporters today, the president said this. >> first of all, i don't like when they do it, because i'm not any of those things. i think it's a disgrace. i think it shows how desperate the democrats are. but then to throw out the race word again, "racist, racist,

racist," that's all they use. they call nancy pelosi a racist. she's not a racist. they call anybody a racist when they run out of cards. >> kennedy: meanwhile, according to "the new york times," stats group says that his chances for reelection of looking better and better. "one, do the touching of the election, for instance, takes 2016 as a starting point. the democrats felt assured of victory, and therefore any number of changes, a better candidate, higher black turnout, and so on would be enough to win the election in 2020. but it's not 2016 anymore. millions of americans who did not like the president in 2016 now say they do. overall, his personal favorability ratings have increased by about ten percentage points among registered voters since election day 2016, to 44% from 44%, according to upshot estimates. social the president just rest

up and coasted to november 2020? >> david: hackett no! [laughter] let me say this. this is a guy that is the lousiest racist on the president. he must be, because he keeps getting called a racist. this is somebody i've known, people work for him for decades, i've known him longer than the america people have. they know his life, who is from a boy forward. i've talked with him numerous times. he's the lousiest racist on the planet. but this is about caricaturing him. to an early point, i think one of you to made this point about the economy. they can't defeat him on the economy. people say they are kitchen table issues, challenges, but they are doing better. when people are doing better they don't want to give it up for a false promise. >> melissa: i think the reason why his popularity, however you

say, the lake i'm better now they did before, i think the shock factor has just worn off. he ripped the plastic wrapper off what it was to be president, and now when he says something the initial, "i may like his policies but i can't stomach what he has to say or what he treats," it's all sort of faded. you're just kind of use to it at this point. >> kennedy: the idea is that every statement, "the wheels are falling off the wagon, this is it, this is the end." >> melissa: it can only handle so much. >> kennedy: what should democrats do? i will ask you a version of the same question -- what will democrats do come into her enters liking this data come to come to the defense of on this president connect >> dagen: the nominee has to have a better ground game in pennsylvania, michigan, and wisconsin. because the president win by very narrow margins in those states. it's only an issue voter turnout, not to get in the weeds, but pennsylvania win by 40,000 points. michigan by less than 11,000 points. wisconsin by less than 23,000

people. that is not a lot of folks to get out and vote for the democratic nominee. to my earlier point, you can never out-trump trump. stop trying. again, you see all the name-calling. they have to ratchet up the rhetoric and it has to get more incendiary and louder to punch through. that's why you have people on msnbc losing their minds like this on a day-to-day basis. in order to be heard and to get that positive feedback through the liberal lemmings on twitter, you have to be more outrageous every day. >> capri: bottom line is this -- first of all, going back to the earlier stats, there's a difference between registered voters, which is what they are talking about, and likely voters. which is what makes a poll more substantive. this is more of a general public sentiment in regard to approval on president trump. i've said this a million times,

i'm not a fan of president trump's rhetoric on a whole host of issues, but if you're going out there calling him a racist, you are calling his supporters racists -- >> david: they didn't become racist overnight. >> capri: there's a lot of people they need to cross over, to your point, back to trump from the democrats. if you are insulting them in the process, they won't come vote for you. >> david: according to the left, i'm a racist. >> dagen: there are still people on twitter with "deplorable" an attorney. they have long memories. >> kennedy: the video stirred outrage across the nation. new york city cops doused with water. a bill that would make us a felony, but on the perspectives of democrats. that's coming up, stay with us. ♪ chocolate would be good... snacking should be sweet and simple. the delicious taste of glucerna gives you the sweetness you crave while helping you manage your blood sugar. glucerna. everyday progress too many people a restless night's sleep. there's a better choice. aleve pm. the only one to combine a safe sleep aid

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♪ >> dagen: some democratic opposition to a republican bill in new york state that would make that a fella need to throw water or other liquids on police officers.

this comes after disturbing incidents in new york city. one state democratic calling the bill and overreaction, and the states democratic assembly, who could make or break this legislation, not on board. he tells "the new york post," "police officer should be respected, but i don't know if always proposing new penalties and laws is the answer. i think on the positive and we should continue to try and establish more of the community and police response. i think that's more beneficial, instead of always saying we are going to lock people up." in the meantime, in a heated exchange with hannity, democratic mayor and presidential candidate bill de blasio dismissing the outrage over the attack. >> we respect the professionalism of the l.a.p.d., that they will follow the law and go after anyone -- >> why do you make it so hard? >> because you're playing again. >> i'm not playing again. >> this is a serious thing. >> here's my question for you -- every person on video --

>> everyone who has committed a crime will be brought to justic justice. >> dagen: but the lawmaker pushing for tougher penalties says democrats are putting the criminals first, and the citizens second. >> david: it's quite sad and really disturbing, this is what happens when you have one party rule across new york state that focuses on perpetuating and promoting a pro-crime, anti-cop agenda. when he put criminals first and community second, it's a lose-lose for everybody. >> dagen: david, what you make of this legislation in the pushback from the democrats? and bill de blasio going "blah, blah, blah!" >> david: is he still in the race? i want to start with that. >> kennedy: in iowa he has 0 percent right now. [laughter] >> david: i would rather have the debate about what to do. let me give you a little contrast. if you attack an mta worker in new york, someone driving a bus, you will be charged with a felony. it says so right on the bus when you go on. we remove that from mta workers and not give it to police

officers? think about that. >> capri: can ask a quick question on what it means to levy an attack on an mta worker but? i haven't looked at the statute. i think the question is the nuance. obviously, nypd needs to be respected. but these people are punks, for sure. slapping a felony -- >> david: they are criminals. >> capri: slapping a felony on someone, and four to four and have years in prison, is that the appropriate thing? they need to potentially negotiate this. maybe do the high-level misdemeanor rather than the lowest level sentiment >> david: why is the community that protects the community, the police officers, not protected? and an mta worker who drives the bus is? >> capri: this is why i asked the question of whether the law specifically says bodily harm versus getting somebody wet. if you cause bodily harm, you should be arrested. if you get bodily harm, for real, against a cop. >> david: like the milk shake, you cross from some kind of liquid or yogurt to concrete

quick mix. what happens when -- >> or acid. >> david: and they don't know we were throwing when they cease in the coming at them. it could be bleach or anything else. this is dangerous. >> capri: this is my policy is more nuanced that we make it out to be on tv. >> dagen: i want to raise one more thing with the kennedy -- even if we had a statute in new york city, would it be enforced? with the water throwing for example. because bill de blasio has to reduce the prison published by 2,000 or more individuals, and they haven't been charging people with low-level crimes. >> kennedy: then let out nonviolent offenders. there aren't that many at rikers island. it's unfortunate, because bill de blasio has not had a lot of confidence in the nypd. when he defends them, it's laughable. i don't think it's heartfelt. i hate seeing this happen, but i have to agree that we don't need a ton of new laws.

why are you doing this to your community? you want the police to protect you when there is an issue. if i lived there i would be upset people. >> dagen: we are back noon eastern on monday. melissa's right here, and for harris. >> melissa: president trump same we could have meaningful background checks as pressure builds on washington to act in the wake of two mass shootings. this is "outnumbered overtime" and i'm melissa francis and for harris faulkner. before leaving the white house for a g.o.p. fund-raiser newark, president trump sounding off on numerous topics, including the hot-button issue of gun control. the president saying he has been holding talks with senate majority leader mitch mcconnell and other leaders as he says there is tremendous support to keep firearms out of the hands of "sick people." >> no president that fuels more strongly about the seme