>> bill: the matrix look good they look like a high school team. >> sandra: could assert a brand-new week with you, bill hemmer. >> bill: you, too, smitty. >> sandra: thanks for joining us. we'll be back tomorrow. "outnumbered" starts now. >> harris: >> melissa: fox news, "the new york times" getting hammered today after publishing a story on the new claim of sexual assault by supreme court justice brett kavanaugh, leaving out some very key facts along the way. this is "outnumbered" and i'm melissa francis. here today, my partner derek's harris faulkner. host of "kennedy" on the fox business network, kennedy, and joining us on the couch, alex conant, former communications director for senator marco rubio's 2016 presidential campaign. he is "outnumbered." a lot of news today, a lot of news over the weekend. you got to to sort through it all. let's get going the times publishing a new

allegation from one of kavanaugh's el classmates. he claims he saw kavanaugh expose himself to a woman at a party. but the times later updated the story, because he left out the fact that the female student didn't want to be interviewed and her friends say she does not remember the incidents. some 2020 democrats made it clamoring for kavanaugh's impeachment and rehashing the confirmation process. >> it's very clear to me this was a rushed and botched investigation. i think he has disqualified himself for service on the supreme court. he should step down or be impeached. >> my concern here is that the process was a sham. i don't think you can look at impeachment hearings without getting the documents, the house would have to get the documents. at the attorney general is shielding documents. >> melissa: president trump treating, "can't let

brett kavanaugh give radical left democrat opinion based on threats of impeaching them over made up stories. sound familiar? false allegations and lies. this is the game they played, fake and corrupt news is working overtime. #protectkavanaugh. "a lot going on. swirling very rapidly this weekend. this is basically about a book that has not come out yet. in the article that was originally published in "the new york times" left out the fact that the woman who was the alleged victim in the story didn't want to cooperate with the reporters. didn't talk to them at all. and the closest they could get were her friends, and her friend said she didn't remember this happening. so it's based on someone else said they thought they saw, but it turns out, listening to byron york this morning, that person didn't talk to reporters, either. >> alex: that's right. this is an old story that apparently been floating around a year ago. reporters put it in their book even though it was never substantiated. there is no evidence at all.

we saw these candidates come out on top of the story right away without knowing all the facts. once people actually read the book over the weekend and saw that there is nothing to the story, it really left the democrats in a bad spot. there was a report this morning at the democrats don't want to just run against trump. they want to run against trump, mcconnell, and kavanaugh. i think i was in the back of this your mind. he jumped all over it without knowing the truth. the same as they did last summer, which didn't work out for them, either. >> melissa: "the new york times," this is not responsible reporting by any stretch of the imagination. this was the original tweet promoting this essay, that was an expert from this book. that said, "having a penis thrust in your face at a drunken dorm party may seem like harmless fun, but when brett kavanaugh did it to her, she said it confirmed that she didn't belong at yale in the first place." so they removed the tweet and

apologized, calling it offensive and inappropriate. a lot of readers -- nancy pelosi's daughter, christine, saying "you bury the lede." bury the lede. the fbi failed to investigate charges. who thought an act of was harmless fun? for the safety of their colleagues, hr should investigate." how do they know what she was thinking if she didn't talk to them? that that quote at the top. that it's confirmed that she didn't belong there. they didn't talk to her. >> harris: there's no way to know -- >> jessica: deborah ramirez, not the new allegation. she did talk to them. but that tweet, when i saw that i had no idea that this was the story that that was being linked to. and how a social media team thought that was appropriate. that is not harmless fun, that is sexual assault. nothing else. i do think hr should investigate that. but harris -- sorry. lefty max be when i was like,

"you don't sound like harris!" >> melissa: but she's right. a lot of us of having. >> harris: "the new york post" reporter who was working on this all weekend has said that the time story claims that this person who said he saw mr. kavanaugh with his pants down, blah, blah, blah, whom apparently they did not talk to. they notified senators and the fbi by the super but they not investigate. the post corroborated that with two officials who have communicated with this person. your question to me, how would they have known what anyone was thinking if they didn't talk with him? you know, this reporter for the post because it journalistic malpractice. you can call it whatever you want, but what it is is an allergy to the truth. that's a problem. because they can write, i guess, what they want in the book. the editors can deem it to be interesting, and they should do fact-finding.

i don't want to through the publisher under the bus because i don't know who that is. we don't have an advance copy of "the education of brett kavanaugh," the name of the book. but we do have access to some of the editors of "the new york times." if they were looking, fact for a fact, what was in the book and what is claimed as fact in the article they wrote, how could they miss the glaring error like this? >> alex: even in the full book -- i haven't read the book, either, but people who have read it -- >> harris: we are waiting for her to come out. >> alex: the essay in "the new york times" was not what the book actually reported. the book reported that nobody else who supposedly was aware of the story could substantiate it. in fact, the person who this supposedly happened to said she didn't remember it. that was in the book but not the essay. >> harris: and it was important to put in both, because it's an important fact. >> alex: explained where the fbi would investigate it, and why you shouldn't rush to impeach the man. >> melissa: i want to bring kennedy in. i know one of the writers from cnbc, she was always a great reporter when i worked with her. i find this whole thing really

surprising. if this were you or someone in your family, and they were sort of -- as brett kavanaugh, making these kind of allegations and publishing them in a book when a person who happened to would leave and come forward and wouldn't corroborated, how would you feel about that? >> kennedy: you would feel very hurt and angry and protective of the person whose reputation has been damaged. at the same time we are having a very different conversation, rightly so, about sexual assault than we did in the '70s. now we have to figure out will be gone from here there are real predators in the world they victims deserve justice. it's a complete different land that we are seeing here. this still feels like an ongoing

political hit job, because we have a major election coming up. and you have the potential of another supreme court justice who could come at some point, be appointed by this president. what you are seeing is the march toward almost a political civil war in terms of what the balance of the court means. so i think what democrats are trying to do here is unseat kavanaugh or do as much political damage to the president as possible to give him more trouble in that arena. but if they can't unseat him, to balance out the court. >> melissa: what about the 2020 candidates who piled on afterwards, and "the new york times" to get back? should they take it back? >> jessica: there is more to the story, just from the expert reported in "the new york times." there were 25 people who approach the fbi saying they had to bring information, to deborah ramirez's account. for more information about dirt

down my brett kavanaugh in college. you have read and speak to them. that's where you hear amy klobuchar talking about -- i think joe biden struck the right note on this. where he said, "this continues to need further attention." he didn't go for impeachment but he said, "put the evidence take us where we go." 25 people who did reach out to the fbi. and we know they were being controlled by senate republicans on the white house. that they were not responded to. there was an op-ed, for instance, written by professor at the university of indiana at bloomington. he was a college classmate of brett kavanaugh's. he published right after the confirmation. he said, "this is a complete sham. i reach out and said to talk to me, that i have information," and they didn't get back to them. that's what people are talking about. >> harris: can add one thing about this alleged witness these writers with "the new york times" wrote about? it appears to be this max stier, were mentioned. just to talk politics, potentially thing a part of this. we don't know. he's washington attorney.

he is formally on bill clinton's legal team during the sex scandal for clinton and lewinsky back in the day. so this is somebody who does have connections -- >> jessica: but he runs a bipartisan firm. >> harris: but having the facts out there doesn't hurt anything. you might want to start with those two writers. getting the facts out there would have helped. maybe it wouldn't have dragged anybody through the mud, all over and all through the weekend. if you got an apple phone, it was under a list of news. >> jessica: the post did include it, "the new york times" -- >> kennedy: book was written on the subject. i tend to put a little bit more weight in her analysis of it, because she's got as much facts as anybody else, and she was the first one to rush through attractions that they did "we debunked it in our book. close we had up to event for everything whether or not someone is on your team.

>> jessica: but mollie hemingway and her cowriter partisan, correct? we know there partisan affiliations. >> harris: there can be two versions of the truth. if you really want to help criminals of sexual assault, this isn't how you do it. this is not how you help the cause of getting the truth there, by not putting the truth out there. all of it. >> melissa: if your newspaper is printing an excerpt of your book, they can't absolve themselves that responsibility. ilhan omar not responding to criticisms of her controversial 9/11 remarks from a victim's son. plus, president trump says the u.s. is locked and loaded after his administration accused iran of an attack on a saudi oil refinery. whether a military response is a way to go. >> we are not going to stand for that. we are going to continue to call out maligned behavior.

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>> harris: fox news alert, a tax on two saudi refinery sending oil prices through the roof as u.s. officials are pointing to iran as the likely culprit. yemen's hutu rebels taking response building for the weekend attacks. however, secretary of state mike pompeo is blaming iran. president trump treated this. "there was reason to believe that we know the culprit and locked and loaded depending on verification. waiting to hear from the kingdom as to who they believe was the cause of this, and under what terms we would proceed!" one top democrat is criticizing the white house's approach with

iran. watch. >> i have not at the briefing yet on whether this is directly attributable to iran, but i think it is safe to say that they don't have the capability to do a strike like this without iranian assistance. this escalatory attack -- >> harris: former secretary of state condoleezza rice disagrees with that. >> they are pushing back correctly on an iranian regime that has been the most dangerous and disruptive regime in the middle east. >> harris: what you think about the situation in terms of where we could go next? >> alex: i think terms iranian policies are really being tested. it's been a little inconsistent. he pulled out of the treaty, increased sanctions, but then when they shut down one of our drones there was no military response. >> harris: can you make military response to this? when iran seems to be so thirsty for this?

>> harris: needs to be part of larger strategy. i think he needs to have a strategy to get the opinions on board. part of what's going on is the iranians have somehow divided somehow divided the u.s. and europe. you need to have the french do business with the iranians what we are trying to put sections on them and starve them and try to impact their behavior that way. then you have the saudis in the middle of all this, of court. when they shut down u.s. property, a u.s. drone, we didn't do anything. so i would be respond now? i think we need to make that clear. when they didn't u.s. interests directly. >> melissa: good thing there's a big u.n. meeting next week where anybody can sit in on the security council and try sort through what really happened. >> alex: trump is saying he wants to meet with the iranians here in new york next week. >> harris: he said it wouldn't happen without conditions. >> alex: but why would even put that on the table given the behavior we've seen from the iranians? >> harris: speaking of that, kennedy -- not to get too stuck on that point -- just because having unified perspective on all this is critical at this

point, you noted john bolton, national security advisor, out the door. we are waiting for the next person to be named. how important is it that you're secretary of state pompeo and your president of the united states be talking about what you would do with or without a leader of iran? would you meet without conditions? would you meet at all? they've been -- >> kennedy: here's the problem with the president. he does often freestyle. he talks about things you'd like to do, but that does not necessarily policy and it's not necessarily foreign policy. he's probably looking at the model, and there are some parallels between north korea and iran. he's probably looking at some of what he considers to be successful talks with north korea. wondering if there's a way they can do the same thing and de-escalate with iran. you remember, he had the opportunity to call for military strikes three months ago. he didn't. conservative talks, people are trying to push them to escalate the situation militarily with iran. that's not a great idea. what if this whole thing go

south? how do his prospects for reelection look if everything blows up in the worst possible part of the middle east? >> alex: without having responded three months ago, thinks continue to go south. the war in yemen continues to get worse. clearly there needs to be something of a bigger strategy saying -- >> kennedy: but why does need to be hours? >> harris: let me -- >> melissa: why do we have to be the ones? saudi arabia has plenty of money. saudi arabia can buy stuff from us, china. they can manufacture their own weapons. why are american bombs dropping on yemeni civilians and starving their children to death? >> alex: i agree the yemen policy is a disaster. they shut down the u.s. drum and there was no response. there continues to be an investigation. >> harris: senator graham says the united states should consider an attack, military attack, on the

, karen. here it is. "it's time for the u.s. to put on the table and attack on oil refineries if they continue their provocations or increase nuclear enrichment." jessica? >> jessica: that's not surprising. i don't want to say we've heard some erratic but there have been democrats on record -- senator coons was on "fox & friends" -- saying we need to consider these things. nobody's talking about congressional approval. you can't go into things like this unilaterally. >> harris: the president can. >> jessica: i know the president is saying that, but to start the where you need congressional approval. the president has backtracked, as you point out. he said no preconditions. now that's on. core problem with this, it started with that treat that somehow we are supposed to take saudi arabia's word to start a war. saudi arabia is not our friend. they kill their journalists. they lied about it. >> melissa: i don't think we are supposed to take their word for it. the >> jessica: in his tweet he says -- >> kennedy: we aren't sharing more intelligence.

they're giving us billions of dollars in order to amass weapons that they are using on civilians. i think there is some american culpability there, and we don't have to be as deeply in bed with the saudis as we are -- >> jessica: and we certainly shouldn't be -- >> kennedy: the fact there were 17 saudi arabian hijackers on 9/11, and those terrorists wanted to kill as many americans as they possibly could. i still feel there's an element of that that is state-sanction. i don't think they are trustworthy at all. >> jessica: they lie to us about jamal khashoggi. are we forgetting this? >> melissa: i don't think anybody is for it getting that. >> jessica: he wouldn't hold them to account. derek and jared kushner -- >> harris: we are not talking about bombing iran. >> kennedy: that is what they're talking about. what you think a military responses? >> melissa: lindsey graham is talking about that. we are talking about going to the event and looking of evidence. >> alex: are going to the french and getting them on board

with stronger sanctions on iran to try and change the behavior that way. >> jessica: or put the deal back in place. >> harris: the mention of it by the president, i will find it eventually. even if we have to catch up during the commercial. i don't think anybody's talking about going to iran without talking to congress. >> jessica: we will talk during the break. >> harris: it looks like some 2020 democrats are using a strategy in hopes of boosting their poll numbers. no, they are not praying over anything. they are cussing! what? does not work, that kind of swearing? plus, congressional democrats ramping up pressure on president trump when it comes to gun reform. but some in the party are now turning on their own over the issue. >> of the vast majority of democrats and republicans are somewhere in between in terms of supporting certain common sense measures that we need to get

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♪ >> melissa: we could hear the president's plan on gun control this weekend as democratic leaders laid out their demands in a phone call with the president yesterday. nancy pelosi and jumped on my chuck schumer writing in a statement this morning, "we made it clear to the president that any proposal he endorses that not include the house-pass universal background checks legislation will not get the job done. as dangerous loopholes will still exist in people who shouldn't have guns will still have access." in the meantime, 2020 candidate beto o'rourke getting pushback from his own party for his comments on mandatory buybacks. >> i think that message doesn't help, but it's not true. there is no proposed to do that in congress. we have legislation that is designed to keep guns out of the hands of people who shouldn't have them. >> melissa: and kellyanne conway seeming to

reference those comments when she defended the president on background checks. >> we want this to be bipartisan, but we are not going to allow bad actors who should not have firearms in the first place to then murder innocent americans, to be the excuse that a bunch of liberals and socialists have, to confiscate firearms from law-abiding citizens. >> melissa: alex? >> alex: this is why it's hard to pass gun control. whenever we have these sorts of shootings in congress comes back in the media becomes very politicized, then you have some democrats like beto o'rourke who are overreaching saying there trying to take away people's guns, literally. which is exactly what every gun owner in america fears and why they call congress and say not to pass the gun control resolution. we could be arguing for more funding. why this violence around guns, why should action be going to

work? people have always ideas, but we don't know what would actually work. >> melissa: go ahead? speaker is addressing. chuck and nancy talk about loopholes. the greatest loophole of the biggest loophole is the black market. you have all the supply you will ever need for a thriving black market in this country, within hundreds of millions of firearms, which is a much worse scenario than people having the ability to harm or themselves. and their families. i will say it again, beto o'rourke's mandatory buyback is confiscation. that's what it is. he may be scoring emotional points with a few people. in the end, the vast majority of americans, even if they don't own firearms, know it's wrong and unconstitutional for the government to come in and take their weapons. pete buttigieg, by the way, has been to war. he has trained and shot weapons of war. that's why there's a big

distinction between what he saying and what beto is trying to say. >> melissa: other thing that goes your original point, when you make inflammatory comments like he did in the first place, it sends people back to the corners rather than getting together to get something done. here he is with jake tapper. >> is a poignant stance of republicans? >> yes, right now we have an amazing moment on our hands. we have agreement among the american people, not just for universal background checks, but a majority in favor of red flag laws, high-capacity magazines. banning the new sale of assault weapons. this is a golden moment to finally do something. >> melissa: what you think about that? >> jessica: i think he was on point drop the entire interview. i thought it was one of his best, as he's moderating more to going through that center lane where he belongs considering where he's from. it was kind of there are few debates i was had in hand, that was one of th. i can understand people saying

he was the winner, that initial bump he got a "new york times" forecasting. i didn't understand. i'm not a far left progressive looking for that kind of rhetoric. i have a lot of people who disagree with me politically and i know what kind of communication works and what kind doesn't. if you want to talk about an assault weapons ban like pete buttigieg was talking about, you have broad support for that if you want to talk about red flag laws, universal background checks. any of the "i'm coming for it" language, it's not going to work and it's going to shoot us in the foot. but i hope the president will compromise with chuck and nancy. they were smart, they offered a rose garden ceremony. he loves a rose garden ceremony. >> kennedy: who doesn't? is a great ceremony. >> jessica: i haven't had one yet. >> harris: i don't think anybody would be offended by the word "compromise," if we can do something for the nation that puts us in a better place. i'm always curious, alex, who sets the egg timer after the shooting happens? they have to come up with

something forcibly, politically, immediately. otherwise it doesn't count. is it capable of doing something were incredible than what we have before? >> alex: it wouldn't have prevented the actual shooting. >> harris: in most cases that's what we found out. not in all. >> alex: more research into the issue why they're so much gun violence and more people during the search of a couple helpful. to the point, we would have some shared fact that we could then base legislation off of. none >> melissa: ilhan omar responding to the son of a 9/11 victim who ripped her for her comment about terrorist attacks. whether or not she satisfied her critics, next. >> our constitutional freedoms were attacked, and our nation's founding of judeo christian principles were attacked. that's what "some people" did. got that now? ♪

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♪ >> "some people said something," said the freshman congresswoman from minnesota. we know who and what was done. there is no uncertainty about that. why your confusion on that date that 19 islamic terrorist members of al qaeda killed over 3,000 people and caused billions of dollars of economic damage, is that clear? >> harris: that is the son of a 9/11 victim at a ground zero remembrance ceremony on democratic congresswoman ilhan omar's comment on the attacks that come in her words, "some people did something." nicholas harris jr., who lost his mom in the world trade center attack, said the remarks hurt him and his family and other victims families. omar responded this way. >> 9/11 was an attack on all

americans. it was an attack on all of us. what i was speaking to was the fact that, as a muslim, not only was i suffering as an american who was attacked on that day, but the next day i woke up as my fellow americans were now treating me as suspect. >> harris: jessica, she goes from "some people did something," to now she's the victim the next day. >> jessica: the "some people did; dull my" comment is about a longer state steam engines and became a victimization. the suspicion with which muslims were treated. we know about the police practice and, for instance. the violation of our constitutional rights that went on in the after night. i actually thought she did a good job in that section. then she switched into the bts movement. i have no time for that. to argue that as a way to achieve peace in the middle east, it is anti-semitic

and it is unacceptable. so i think -- >> harris: do you agree with what was voted on in washington earlier in the summer? that bts -- bds, excuse me -- as a terrorist organization? >> jessica: absolutely. you only have 18 people -- >> harris: what you make of her talking about it, still? she must know. it happened while she was working. >> jessica: absolute. ayanna pressley was not part of that. the squad, she did not participate in that. i think it's her principal and got american stand against it. >> harris: kennedy, did she clean up some things for that family or anybody else in terms of her initial remark? >> kennedy: no, she's in a mature and's official attention seeker. shame on her for her words. i'm glad that man was able to put -- to offer some clarity and context for what really happened on 9/11. and the pain of his loss, that doesn't go away. it is a lot more than a flippant statement that she made in public, that she has not

clarified. >> harris: the way she talked about it, that she woke up the next morning and people were looking after a a certain way, it goes to the letter that she wrote in defense of people in her district who had tried to join isis. and she talks about how, in that letter, basically they were driven to that by the way they were treated here in the u.s. and it's making all of the sudden that she is the victim, they are the victims who want to join isis. that interview with margaret brennan, she said, "i think the opportunity is something that leads to peaceful process." and she wasn't corrected or stopped or anything. that is straight up anti-semitic. they want to wipe israel off the face of the earth. >> harris: what place does she have in our party? what places you have an american policy? she goes against those who have already voted, that is a terrorist organization. she is still calling for it. >> alex: i'm from minnesota and i have a lot of friends who live in her district. they're embarrassed. yesterday she had a perfect

opportunity to apologize to the millions of americans offended by her statement. and she didn't. >> harris: did you hear anything like apology? >> alex: to the contrary, she said she was a victim in all this. america has been very good representative omar. she was born overseas, she came over here as base could live the american dream to the point she's never presented in congress. to argue that she is somehow a victim here, i think it's very unfortunate. >> harris: so you know our district well. i covered it when i was in woulr back into office at this point? if she runs her reelection? what is the flavor now? >> alex: there is no republican than her district. >> kennedy: she could be primary. >> harris: they're doing it. >> alex: hopefully. but there are people in our community who like her, who share -- she's a very partisan pages giving this national media attention, raising money off of this. if she's primary, good luck to

her primary challenger. republicans are going to win in minneapolis. >> harris: let's scoot. it's 40 days behind bars enough? the blistering reaction. the college admission scandal. and the big celebrity coming to her defense. ♪ 300 miles an hour, that's where i feel normal. having an annuity tells me my retirement is protected. learn more at retire your risk dot org.

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♪ >> kennedy: outrage after felicity huffman sentencing, a judge giving the "desperate housewives" star 14 days in the pokey for her role in the brazen college admissions scandal. comedian neil brennan tweeting, "who will earn less, felicity huffman after 14 days in prison or a child after four years in college," another reaction, "i can buy milk when she goes to jail and it'll still be good when she's released." so much for criminal justice reform. john legend, who has been outspoken in terms of this issue -- not a college admissions, but people who have been incarcerated wrongly -- he wrote on twitter, "i get why everyone's mad when rich person x gets the short sentence and poor person of color y gets along one paid this answer isn't for x get more comets are both to get less. or even none. we should level down, not up." is there something to be sent to

that argument? >> jessica: absolutely, i thought it was a smart thought to pushing to this conversation. especially coming from the hollywood side. he is an activist, as well. but i thought that made a lot of sense, looking at 14 days on the one hand, it could be nothing. 14 days, it'll be over before you know it, kind of thing. but you have to look at this and think about -- felicity huffman was the perfect person in dealing with this. she apologized right away, she took full responsibility, she did all the things right. there's a lot of parents involved have not gone that route. where loughlin being the famous example. i'm curious to see where the judge goes. >> harris: i was a take exception to the perfection. because she said she did this because she was trying to be a good mother. which would mean that other good mother to don't break the law for their children are drying. >> jessica: she apologized readily. >> harris: i just want to take exception to that and move on. >> kennedy: i think she was trying to clarify that. she thought at the time she was helping out her child. i think if she knew the vast

scope of this scandal, she probably wouldn't have participated. >> harris: you could say that about anything. >> kennedy: she's hoping her likability will somehow resonate -- >> harris: that diamond ring, and it was wrong, i thought it was helping my kids. >> alex: she did for the one cut down my child. >> harris: she thought she would you be that way with it. >> alex: didn't do for the second child. she was very apologetic. >> harris: you don't think this is privilege winning? >> alex: year 40 days. i think it will be harder for lori loughlin, who did it twice come a lot more money. >> harris: she didn't take a plea deal, lori loughlin. she three she has not taken any deal and she may get a lot more time. she's facing more serious charges. the federal government has a really good track record in terms of putting people away and getting convictions when they go after them. >> alex: the fact that hoffman is going to jail is -- >> harris: i could name a few

exceptions. >> melissa: i was shocked by the comparisons they made with other people who had done things for the kids, who had gone to jail. they use the examples of the other moms who had said they lived in other districts, the almost woman -- i feel like i know people in new york have lied about where they live or have thought about doing it, and i didn't know it was something you could go to jail for. if there something positive that came out of it -- >> kennedy: it's an argument for school choice, is what it is. if parents are willing to put their reputations and freedom on the line for their students, maybe we are -- >> harris: that is separate. >> kennedy: i'm talking about people who went to jail because they wanted to get their kids and to kindergarten. >> jessica: five years for the neighboring county. to enroll your kid -- >> harris: now she's lobbying to go to a particular place so it's not as harsh with the 14 days. >> kennedy: there are people involved in the scandal who did far worse. >> harris: we are about to hear about them.

the sentence, will this be a litmus for everybody else who did something worse for longer and more money? will say. >> kennedy: lock them up! their red states and blue states, some 2020 democrats seem to be using a different kind of strategy. squaring up a storm on the campaign trail. a bunch of cut. liberty mu... line? cut. liberty mutual customizes your car insurance so you only pay for what you need. cut. liberty m... am i allowed to riff? what if i come out of the water? liberty biberty... cut. we'll dub it. liberty mutual customizes your car insurance so you only pay for what you need. only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

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'theaters. if they are watching right now, they should be in school. a lot of the low-polling democrats have been dropping for that it wears out on the campaign trail and interviews. this part of some grand strategy to get attention in a crowded field? or does it show how social norms of change can back--pulling candidates like joe biden, bernie sanders, and... warren have not gone the f-bomb route. what you make of that prolific person? >> melissa: i think it's a comedy writing. that is lazy. jerry seinfeld always said is very lazy to go with the foul language, that it's much harder to actually come up with an adjective that would give attention rather than using an f-bomb. they look really silly. i don't know, they -- it's ridiculous. >> alex: i think they are trying to be authentic. voters want authenticity. >> jessica: and normal humans curse every once in a while. >> melissa: but you should be able to control it.

>> alex: when you go on tv and curse like the clips we saw, it so clearly contrived and prescripted. four years ago they worked for marco rubio. when we started losing the polls, we tried to tell dirty jokes give immediate attention. it worked in the sense we got media attention, but voters didn't reactivate. we regretted it after the fact. i see a lot of these candidates who are underperforming right now going into that same path. they are getting the media attention, but i don't think voters want bunch of party mouse. >> jessica: don't be little marco. retreat from tulsa gabbard. "hey, donald trump, being saturday america's [bleep] is not america first." i believe that's her first [bleep]. >> kennedy: if you are swearing, you are failing. that's why the top three candidates -- and might be a generational, but it reminded me when scientology was making a big push back against the book "going clear," which was then

made into an hbo documentary, their handlers, their p.r. people, were coming out and swearing publicly. to sound cool. "i'm really with it! aw, heck, kids!" you better have great ideas. i love swearing, i think cursing is super fun. [laughter] i think it's great and emphatic and i understand all of that. but if you can't make a point with your words and your ideas, then you shouldn't be running for president. >> jessica: so this is linked to the larger question. harris is very excited about not cursing anymore. how can a candidates break through now? attacking joe biden for being old or racist, that's not working. cursing is not working. is there any way? >> alex: if you've been running for president for six months now you've got no traction, the problem might not be your strategy. [might just be the candidate. some of these candidates, the american people have to look at them and they are still nowhere in the polls, they are probably

not going to be president. i think throwing hail mary passes by cursing or whatever is not going to change the dynamic for them. look, not every candidate was meant to be president. candidates forget. they forget that sometimes. >> melissa: is interesting, if you look at elizabeth warren enter campaign plodding away from the beginning, doing the homework and the boring stuff that nobody wants to do, which is actual policy and turning out ideas and details, how you are going to do with things, it looked sort of clumsy at the beginning when other people were juggling and doing basic attention. >> kennedy: to see if there's a direct correlation. the >> jessica: that might be generational swearing, also. we will have had a few "i'll take you outside," which is an older -- >> kennedy: "behind the woodshed! give them what for!" >> jessica: that the policy conversation will have after the show. we want to think alex conant.

thanks for joining us on this fine monday. we are back here at noon eastern. now harris will be on upstairs. toodles! >> harris: "the new york times" is under fire for skirting the truth. the paper made a key revision to a so-called bombshell report about the latest sexual assault allegation involving supreme court justice brett kavanaugh. you're watching "outnumbered overtime." i'm harris faulkner. "the new york times" reported a former classmate at yale university witnessed kavanaugh expose himself to a female student. it went after publishing back up in the newspaper noted the alleged victim declined to be interviewed, and her friends say she doesn't even remember the reported incident. meanwhile, a slew of 2020 democrats immediately called for kavanaugh to be removed from the high court. >> it's just very clear to me that this was