john roberts and alito 90% of the time. so no two justices appointed by the same president have disagreed more sense president kennedy so it was really interesting point to bring up with him. >> good stuff there. >> that's it for us, "outnumbered" starts right now. despite fierce pushback from some democrats. this is "outnumbered" and i melissa francis. here today is harris faulkner, capri cafaro, tomi lahren and joining us on the couch, chris bedford. and he is "outnumbered." >> chris: thank you, i feel great. >> melissa: here we go.

supreme court's ruling yesterday to allow the trump administration to deny asylum to migrants who failed to seek refuge in other countries first. this means that migrants from other central american countries cannot seek asylum in the u.s. if they didn't ask for it first in mexico. yesterday's ruling allows her to be enforced while the legal process plays out which could potentially last for months. here is kellyanne conway this morning. >> this victory is the second victory of the summers handed by the supreme court. the mexican president has been a terrific partner with this president on trying to make this happen. >> melissa: two justices dissenting on the decision. ruth bader ginsburg and sonia sotomayor or come up letter saying in a statement "once again the executive branch has issued a rule that seeks to upend long-standing practices regarding refugees who seek shelter from persecution. although this nation has long kept its doors open to refugees.

the government implemented its rule without first providing the public notice and providing the public input generally required by law. chris, what strikes me about this is, it's trying to force people coming to this country to be honest about why they are coming here. and if you want to welcome people for economic reasons, for instance we need workers. we look at amazon, target and wendy's' desperately searching for new people to hire. this is perhaps the government asking for people, are you coming here for a better economic life or are you truly afraid of, in which case he would be willing i would think to wait in a safe country while you are being processed? is that crazy? >> i don't think that's crazy. 300,000 people who came here saying they were afraid and seeking asylum in the past year came all the way to mexico on an extremely dangerous journey to get here. if they are afraid of gangs in the local community than there are lots of other opportunities

for them there. i kind of wonder what the judgment when she said public notice and comment. is she looking for more comment from the citizens of honduras and nicaragua? this is part of a broader trend which is, the supreme court is starting to push back on the ninth circuit and other judges have been making these unilateral rulings what which have been put in front of the judgment to say you can't enforce immigration law anywhere until we have our say. it's very likely to come back to the supreme court for a real decision on this and i know the attorney general is targeting this because he does not like it. >> melissa: capri, i know people can come here for economic reasons if they want to and they shouldn't be i would think willing to risk their lives that their lives aren't in jeopardy. >> capri: we've had this conversation a number of times

on the couch about how democrats and republicans alike have shirk their responsibility as lawmakers to identify ways in which we can actually change the statute and make it clear and have clear expectations for individuals that are coming either seeking asylum or explicit visas for economic opportunities. that is i think one very important conversation and what we have seen is that the people in washington are unwilling to do their job. in the meantime i think we need to remember that whether you are a democrat or republican we are all americans that have to live under the constructs of three coequal branches of government and when to respect the system as it plays out found elections have consequences. if democrats lose, we can't complain because we are not the ones appointing the judges and vice versa. i think we have to understand both phases, and republicans

might say, we are getting victories in the court. >> melissa: there were a number of things that outline some of the problems they were having in germany, which they desire to take a language test, that they buy health insurance. and if they didn't have a claim they were deported. the company had hired them and it was all because they came under this premise that was not necessarily true. >> our border patrol agents have been very clear that a lot of people coming over seeking asylum and refuge is bogus claims and a lot of these are also family units which they found in a pilot dna test that -- they've been coached and told that's what they need to say. the reason the trump administration deficit is out of necessity. when you wait two, three or five years for the preceding earrin o

citizenship or, they become with their anchor babies and they are new illegal immigrants. and we can't sustain this anymore and that's for the trump administration is doing all the things he's doing because democrats and republicans have failed to act. so here we are. >> harris: i have a question for you. as i understand the nuances and tweaks of the law, if somebody goes to accept them, they can't then further, all the way here to keep applying or they could apply from that country that accepts them. what are we saying to those countries that are along the journey. and, that's helping the situation.

we can keep you and take refuge here. i just wonder what the reporting services are like and what our communication is like. >> chris: so it is a very narrow scope, people who have gone to those countries and come through mexico that could still be granted asylum. they have to be told no, you can't be granted asylum, then you have the documentation as to why you weren't granted asylum. and previously -- >> melissa: so if they are told no too asylum based on human trafficking, we would take it? >> chris: it's usually one of the other. >> we have -- if there are actual visas that exist for people that are being traffic. >> chris: so he cracks down and has push these countries with u.s. foreign aid and threats and threats of terrorist to say, we need a partner here.

not just someone who is going to allow folks to move through. we need partners here and he has gotten some pretty incredible advice and results from people in the border patrol, agents have set for the first time we feel like we have partners on the southern border. >> melissa: and with all the numbers fall in terms of apprehensions of people trying to enter who were illegal fall to 51,000 just last month which is a decrease of 56%. but asylum as melissa pointed out, a lot of times that's based on economics for people. it can be a coupling, people can feel threatened but they can also feel threatened because they don't have a job. what are the chances you think that we might take economics? >> chris: asylum-seekers mean that we have a better job here. >> capri: when i list these companies are out there fighting for people, wendy's has this new push on that they provide breakfast. they have to hire thousands of people they said.

those workers don't exist in this current economy because the economy is so good. we do need some people for economic reasons, we just don't have a system. >> chris: and we always have. and that's good. >> harris: with the definition of why you can come in based on asylum do you think they will tweak it? >> chris: i think the democrats will like that because a lot of people on the left think there's a real claim to -- >> harris: what she is saying is it's nonpartisan. >> chris: as long as you don't lie and cross the border illegally and live in the shadows -- if you skip the line then you don't have a claim here. it's hard to become a citizen here and we know many folks who have worked hard to become a citizen here and they are strongly against this is anyone. >> melissa: all right, that hillary email investigation. it didn't seem that funny in 2016 but apparently, she can joke about it now. and it's the classic theater of

the absurd. plus, tempers flaring as a house judiciary passes a resolution outlining impeachment investigation rules. all democrats are not on the same page. republicans, like this. >> all you have to do is ask the house and directed authorized the committee to conduct an impeachment inquiry. i dare you to do it. in fact, i double dog dare you to do it. have the house of vote on those. ♪ have debt we might d ie with. and most of that debt is actually from credit cards. it's just not right. but with sofi, you can get your credit cards right - by consolidating your credit card debt into one monthly payment. you can get your interest rate right - by locking in a fixed low rate today. and you can get your money right. with sofi. check your rate in 2 minutes or less. get a no-fee personal loan up to $100k.

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corruption, destruction and abuse of power against the president. if the investigation will go well beyond of the four corners of the mueller report. >> he could have done these anytime he wanted to. for anyone to say this moves us closer to an impeachment inquiry, it's not the truth. >> melissa: the chairman and ranking member of the house judiciary committee trading barbs on impeachment earlier today. earlier today they passed a resolution dictating how impeachment hearings would play out if democrats decided they wanted to move forward. but this comes as senior democratic lawmakers are offering me a text messages on the subject. committee member jamie raskin says we are in the midst of a formal inquiry. but it's also described as investigation. speaker pelosi says they are united.

>> they stand by and that enables them to do their process of interrogation in their investigation. impeachment is a very divisive major. but if we go there then we have to go there. >> melissa: i'm crying foul on that, capri. i don't suppose to ask you a question but if you drill down on the facts -- the 8:00 a.m. meeting today was to get together to say what they would do when they get together. that's what that was for. there's no action after today's impeachment talk. the formal inquiry is also not impeachment. it's an investigation to look into -- but it opens some doors in areas where they can't look. then you put impeachment forward and i don't know that they are unified in the three stra step process. >> capri: just trying to

listen to you describe what's going on has confused me and probably the rest of america. i think what we are seeing unfold here is democrats particularly on the house judiciary committee but other democrats as well that are trying to thread the needle and pander to an activist portion -- and this is exactly the problem. this is a reason why you are seeing people sing from two different song sheets as you mentioned that i think this is bad politics for democrats because people at home want to see action. i think they have general fatigue when it comes to impeachment and it plays into president trump's hands to say that the democrats are targeted and they have nothing else to stand for but to be against donald trump. i think this is a very bad play that's why you see people like steny hoyer trying to backup the play, those people want to see impeachment so they are trying to quiet both sides. in the meantime, the constituents are losing out to

the activists. the one you could call it impeachment confusion. >> chris: we've seen them bring witnesses before their hearing and their panels. >> harris: do you think they'll do a better job than robert mueller? >> chris: well if it fails the first time, the second time, the third time and the fifth time, largely the country should have moved on right now. it's a primary challenge, and he hasn't done enough on impeachment and he's not used to primary. >> i think the question is, why do they want to dig deeper? they have no platform outside of restricted band control and everything that we will see on the debate stage but the other reason is you can bring up

people to teou a little deeper, you can get your headline and other news networks a that and say, just wait, we are. then they see the word impeached and they tell the other low information viewers and voters, trump did something wrong. let's continue it and keep the site got going so we can cast a shadow of doubt over the president and not look for that. i think i'm a very serious note, and you have politicians that are spending the time on this issue. this impeachment fishing expedition. rather than solving, they yield

problems. but that's very sobering on this issue because there is so much work to be done. that's about life and death. >> harris: and to further that point you have some things -- it's national security critical. you have some democratic focus, we have great producers and reporters on the hill. >> the democrat said this would be their number one focus in the next two years. they said that the number one focus would be the economy and they changed it to ku klux klan, kgb and now if you are nancy pelosi usa, which ones do i want my members to talk about? open borders and medicare for all. how about we just talk about the economy? >> harris: it's apparent that

they will stay with the platform and every day democrats find something to talk about. and it's sucking the air out of all of the good stuff we are doing. during august recess she only got -- people aren't talking about it but again, back to health care. first your reaction. >> chris: i think she's right and you wouldn't know this from the last election but the last ones were not elected. their constituents aren't interested in this, coming to an actual solution in health care. >> harris: so capri, there was a long list of people that wanted to have issues talked about and it would be for me an opportunity to break away from

the gun confiscating conversation that's going on that won't go anywhere, other than among the base. >> capri: what we want to see is people concerned. and that is often to the peril of what the elected nominee is. and that is what americans expect and that's what they want to. the politicians end up listening to consultants and the media about what they think they should be talking about and what they should be listening to the people about what they want to hear. >> harris: all right, i will help you pick up the mic now that you dropped it. president trump estimates today could announce his position on

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>> melissa: president trump taking aim at teenaged vaping. it comes as health officials linked six deaths and hundreds of lung disease cases to e-cigarettes. but some conservatives and civil libertarians are crying foul and this from the head of the american vaping association. watch. >> fruit flavors are the most popular flavor among adults and most important like the most used flavor among adults who have quit smoking with vaping. so the idea that we could get rid of flavors tomorrow and as long as smokers can just access one flavor than they will make a difference on public health, but it absolutely well. >> melissa: chris, what do you think? >> chris: i don't have a lot of sympathy for the vaping industry. here's a group that's put out peppermint and the lollipop flavor and all these kids start

smoking, and their solution is to raise the age to 21. so a u.s. marine can't have a cigar, i think that's super un-american. but i am also concerned that there is an overreaction here amongst americans about the actual health hazards here. there are 8 million vapors and that's dangerous because nicotine is not safe. it's not as dangerous to cigarettes. there are 8 million of them and all of these who have gone to the hospital have been linked to this cannabis. they are buying them on the black market and those are dangerous. >> melissa: capri, what do you think? >> capri: i happen to be of the civil libertarian camp when it comes to adults making choices on what they want to ingest, whether they are smoking cigarettes or eating hostess products, i don't want to call it hostess but, general snack

foods. you know what you are putting into yourself. i think that we don't want to overstep and over regulate what individual adults are going to consume here. and that someone -- there's this battle cry to ban vaping because six people died and no one is doing anything about guns. i'm not necessarily agreeing with that, but that's where we are coming from with the backlash. and, there are people and i see your point. it's really ordinary, and we see

it everywhere. like you i'm not in favor of banning things. i think this also comes back to parenting. parents need to tell their kids how bad this is for you and they need to educate parents and parents need to educate their children so people aren't doing it, thinking it's just all fun and games. the reality is, people my age don't know that it's bad for y you. >> capri: they really don't know? i mean my sons have come home from school to tell me in deep comic great detail what's wrong with vaping. and the only reason you might want to do it is because you are smoking which is signing up to die anyway. that's what my kids are saying. >> if you go back, and you look at the tentacles of regulations that the government has had an alcohol and tobacco from the

beginning that was dangerous to the lungs and the blood vessels. the big question is whether we do this for adults are just children. and in 1965 when i was born, the act to put all the warning labels on cigarettes and my mother had been smoking for two or three decades at that point. we can legislate the stuff and we can talk about it and finally put labels on it but it does come down to our interpersonal communication. or parenting in some cases as you pointed out. >> tomi: the top 2020 democrats sharpening their knives for the first showdown on the same stage. who has the most to lose on the third debate and the trump campaign plans for some trolli trolling.

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>> melissa: at the top 102020 democrats facing off on stage tonight and the third primary debate which means front runner joe biden and elizabeth warren is a front runner and some polling will go head-to-head for the first time. the former vp is still leading the polls but senator warren has been gaining ground. a new cnn poll shows biden's lead narrowing and it appears that warren is the one cutting into it. biden 24%, wearing 18 comments on their and senator bernie sanders right the polls, and we will see what there was 17. is that he and zeke medications happens there. at the end of the day we are just a few months away from iowa dr. this morning. normally up jn where it will be up to the voters on who exactly our democratic nominee is is. >> a new cnn poll says 55% of people state beating president trump's most important to them when choosing a nominee. 33% say nominee who shares their views is most important.

>> over have to realize that winning was probably the point. if you don't have a lot of faith that mr. nadler is going to impeach the president, then you probably have to win. it seems like the only person on the hill who was betting on that is nancy pelosi who doesn't want to go ahead of that. but joe biden does not want to take, and go to these broader conventions or take the gloves off if any of these debates. elizabeth warren, and you look at senator kamala harris in this debate. >> it was brutal. so he has a lot to lose. he and still hold strong leads in the polls. but that does not last forever. >> to your point i think that's exactly why he has been more cautious, because i think he is concerned about the fact that

any move that he makes could potentially jeopardize his front runner status. so i think it could be to his peril. >> i think -- it's not like he is coming to that conclusion with no experience. he lost running for president. >> you are right, he has been avoiding putting himself in the situation because every time he does it's a huge disaster. every single time he goes to one of these campaign events, he's pulling himself back. but the fact that he is still leading is -- it goes to show that this country is not socialist, and they think joe biden's moderate and even though he can barely speak, they would rather have that moderate. >> chris: just quickly, we are comparing joe biden in his debate performance against joe biden.

it doesn't seem like it's the same level of punch that he has. >> harris: and democrats have said that. and he is somebody who has coached a lot of people and messaging axelrod. do you see joe biden still as somebody who is moderate? >> melissa: that's a good question. i think they cms increasingly moderate. he appeared to be more centrist than before. there is a great article in "the new york post" about wall street being terrified of elizabeth warren right now. some are saying it out loud but the kind of things he's, she's

turning out policy. it's unclear that she realizes the implications of how it would trickle down. nothing like the federal government to stifle the economy and you will have more government in their stifling. when you were in part of the legislature, like united states senator you have all these grandiose ideas and you have checks and balances and other individuals that you can collaborate with to create a bill. you have the opportunity to have lots of academic discussion in that space. as a chief executive, you are setting the tone and tenor and you are the person that's leading. that speaks to what's happening i think with elizabeth warren but it also speaks to the issue of joe biden, joe biden comparatively to the rest of the

field looks like the adult in the room and hopefully would be able to govern with more even keel if given the opportunity. >> harris >> harris: to >> melissa: so there is a banner that trump supporter's are going to fly tonight over the democratic debate. and we have a look at that banner right now, socialism will kill houston's economy. vote trump 2020. as a campaign move, what do you think about this? >> tomi: i love the way that donald trump and his campaign and the rnc are continually trolling the democrats. it rattles him on a daily basis, at but it's also a great message. all the policies they will talk about tonight will be socialist policies, and houston needs to know and the rest of the country needs to know that that will kill the economy. >> it's an old tactic. the organizers of the barry

goldwater convention were not so delighted to learn that the democratic campaign billboard had been taken out right across from the invention home. they were caught off guard and when they got to san francisco there were projections of reagan and other people across from there walt attacking him. >> so i have to get on the record and clarify something i said it. many people are out there saying, harris faulkner said we were number one. no, the leader is still joe biden. senator is optimistic on progress on gun control after talking to the president. but a new report suggests that democrats may just play politics. >> president trump: we are looking up background checks and putting every thing together in a unified way so that we can have something that is meaningful. at the same in time, all of us want to protect our great

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♪ >> of the president is being briefed today, but also just this week has had a call with republicans on lawmakers. this president has done more on than most presidents.

>> melissa: counselor to the president kellyanne conway there. later today, president trump is expected to announce a firm position on what legislation he would sign into law. he met with or spoke with a the bipartisan trio of senators yesterday who are urging him to support expanding background checks for commercial gun sales. one democratic senator zane the president needs to take action. >> i think this is absolutely a critical week for the white house for president trump. if he's ever going to show real leadership, an overwhelming majority of americans as our kids are going back to school, we are sick and tired, as parents, of our kids doing active shoote a shorter scale dd senates doing nothing on behalf of republicans. if the president doesn't republicans and jurors should be showing leadership on this. >> melissa: it was interesting, the president calling out the names of people

whom he met. we talked about the time to move on and felt like the president will. >> chris: he was in a little bit of a hot seat with conservatives and the nra. he moved to bring more gun control measures forward, but i don't think almost any of these have any chance or anything that will come out of here unless it actually makes sense. you can't just pass gun control, you have to do it in the way that would actually make a difference here. so maybe -- my sources are suggesting that it might have something to do with coordination between the federal government and the states. to see if they can do something to get behind some of these background checks and red flag laws. the >> melissa: you know what's interesting about what you are saying? all of it, but the president said maybe we can call it the guns sense bill.

because we are talking about that common sense. he may have used it in a light moment but he is some of the same verbiage that you are talking about. >> melissa: exactly. if you are going to be honest and put politics aside which i know is nearly impossible but the issue is so important that maybe you can do it for a second, what's important is incremental changes. we have to chip away from this problem. everyone on both sides has made the point that there is no one solution that will solve everything and so much of it does come down to local policing, local enforcing and local rules because you know your community and with the needs of your community are and what's likely to happen in your community. in places in florida, if you seen it work, they know the problems they are facing there. >> melissa: let's talk about what senator manchin told

president. >> there are certain groups that oppose you doing anything on bump stocks, but you did it. and it didn't harm you at all, it didn't hurt you at all with your base and this will not either. if anything, i think it will increase his base. >> melissa: are you shaking your head know? >> capri: a lot of people here are those red flag laws and say we will take it out of that hands of the crazies. but it actually harms due process for individuals and it is an infringement on second amendment rights, and it's wrong. i would caution president trump and republicans from doing this to try to appease the liberals because the fact of the matter is, you aren't going to appease the liberals. >> melissa: an attempt at humor or flouting the law? hillary clinton reading her own email as part of an art show. ♪ (clapping)

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>> melissa: hillary clinton this week reading her own emails at an art exhibit in venice,

italy. it's entitled hillary, the hillary clinton emails. it features a replica of the oval office desk and 60,000 pages of those into her server was "absurd" and this morning she tweeted, found by emails, someone alert the g.o.p. social media exploded, one tweet saying she also demonstrated how bleach bit works. and another saying, you have visited venice one more time then wisconsin." this is kind of sad, because people had to go somewhere that people were talking about her. >> chris: i was kind of laughing at the whole thing until i found out she was in venice. i spent an hour looking at this and it does get a little strange. i may have popped in with a

quick picture with my thumb up and moved on. but i don't want to shock anyone come up hillary clinton is obsessed with hillary clinton. >> melissa: capri, what do you think about this one? to go to an exhibit that's about you and then sit there and tweet -- >> capri: the whole thing is a little bit weird and a little bit sad. this is where secretary of state for the united states of america, whatever you want to say, that she should be better than this. and apparently she's not. i've been to venice and it's an incredible art installation. >> melissa: aren't you fancy. >> capri: i'm obviously super fancy, a little humble brag there. but the whole thing is just sad. >> it's petty and embarrassing but she got what she wanted which is that we are sitting here talking about her. she won't go away. maybe we should talk about her

and maybe she will go away. >> melissa: i don't think she'll go away but you are right. she said it's a special personal pleasure for me and it was and still is one of the strangest and most absurd events in political history. anyone can go in and look at them, there's nothing there. maybe what that tells you is she wanted to get in there one more time saying, i wasn't -- >> the whole thing was absurd and she is absurd. but again, there's nothing in there. >> would it be different if therthese are in the smithsonia? >> tomi: so much of this has been litigating for battles they lost. >> because we aren't september 12th i like to see her go to benghazi. that's what i'd like to see and set her being in venice. >> melissa: how involved do you think she will get in this next campaign and election season?

>> capri: if she's been talking to elizabeth warren, and i think that's great. >> capri: that's the operative word there, nobody wants her to be front and center. >> melissa: thanks for joining us all today. we appreciate you being here and we will see you all back here on the couch at noon eastern tomorrow. here's harris. >> harris: would begin with developing news as number of states are being done like taking action to deal with vaping after several hundred people have died and hundreds are sick. this is "outnumbered over time" and i'm harris faulkner. new legislation to address the health emergency. this is adding to dozens of efforts nationwide as well. the top new jersey center now wants a full band on vaping. the state of michigan just banned all flavored baked products last week. a kansas school district is preparing to sue the vaping

industry. this continues to be a big deal. >> it's an issue the white house has been keeping an eye on for quite some time. they are creating policy mechanisms to create an opportunity to do something about the problem. and they are very heavily involved in doing something to protect america's children especially those who might be vulnerable to vaping and e-cigarettes. let me show you the map. we are talking about over 450 possible cases of