done. >> great job and she's got the support of her fellow teammates. they are high-fiving her, good for her. go team. thank you for joining us, we will see you back here tomorrow morning. "outnumbered" starts now. >> melissa: fox news alert, democrats to release new depositions in the impeachment probe, this time from two key figures in the investigation, former u.s. envoy to the ukraine and e.u. ambassador. as democrats prepare to shift to public hearings in their inquiry, house republicans are digging in. majority whip steve scalise previewing what he believes the american people will learn when they get the chance to hear witness testimony by themselves. >> i think you are going to hear some career bureaucrats who don't support president trump's agenda, who didn't vote for the

president, all these accounts of the whistle-blower was that the whistle-blower may have actually worked for joe biden. so you see people with political bias. >> melissa: this is "outnumbered" and i am melissa francis. here today, harris faulkner, dagen mcdowell, jessica tarlov and fox news analyst" fox nation" host, lawrence jones. as we are await those transcripts, jelly turner is live on capitol hill with the l. >> we are standing by outside the intelligence committee, waiting for adam schiff to release those transcripts. they are for president trump's former special envoy to ukraine, he gave does a deposition just about three weeks ago as well as former ambassador to the european union. his testimony was according to sources the first to dig into

the extent rudy giuliani was involved in policy towards the ukraine. his testimony was in large measure helpful to president trump because it helped shift some of the democrats criticism over to his personal attorney. democrats say a quid pro quo between president trump. jamie raskin doubling down on his claim that president trump use hundreds of millions of dollars to aid to ukraine as an "lever" to extract political dirt on his rivals. >> nothing like that has ever happened in our history before and nobody has any kind of alternative story to it. >> key republicans like jim jordan say the democrats just

keep moving the goal posts. >> one of the ways you determine someone's credibility and determine what their motivation is and what kind of biases they may have is they need to be under oath, answering your questions and frankly, the position we have is the same position adam schiff had six weeks ago, when this first happened adam schiff said "we need to hear from the whistle-blower" and six weeks later, no we don't. >> key member of the intelligence community mark meadows walked by a short while ago, i asked her to schiff and his staff shared any information at all with him and his republican colleagues about the timing of the release of these transcripts. he said "absolutely none, not even any as big as what time of the day." so right now the republicans looking like are just in the dark as everybody else, democrats holding the key information here. as soon a zoster transcripts drop, we will get them to you.

>> melissa: we are looking forward to that, i will bring it out to the couch. what happens if nothing more comes out, if we kind of already know what we know and we go through this process and democrats bring people up and do the big reveal and it becomes a little bit like the russia probe where at the end you are left wondering if you miss the movie. >> jessica>> lawrence: that's an interesting question because i think that's where we are at right now. we have a transcript that was released and witnesses who are interpreting what they feel like a phone call was, adam schiff decided he was going to make it a parody, people of the democrats consider witnesses are giving their interpretation. the american people already have enough to make their decision if they feel like the president did something wrong or if they feel like the president was totally in balance. the big question, transcript or no transcript, is it enough to

unseat president? is it enough to impeach a president solely based on the transcript of asking for an investigation? is it enough? >> harris: what if it's not a perfect call, what it is, it isn't enough to unseat our president. do you think democrats look like they are chasing their tail or trying to do a undo an election? >> jessica: i think there is clear evidence that the president abuse the power of his office, i do. house democrats will -- 99.9% are sure they will go to impeach him. senate conviction, you seen the shift in arguments, there was a quid pro quo request, it is not impeachable and that i think is probably where we are going to turn out unless something really explosive comes out of this.

i think democrats are giving republicans what they want, they said we want the transcripts out there, we have to move to open air hearings. >> harris: if it turns out the way you just said, that's good for democrats? >> jessica: i think there is no constitutional responsibility to hold an impeachment inquiry when the president of the united states of america has leveraged the power of his office for personal gain and that is what nancy pelosi is doing. when you heard her speaking on the floor last week, "this is about the constitution. we swear an oath of office to the constitution, not to donald trump." >> dagen: that is how republicans are going to push back. i will say this, we miss the movie. these transcripts, with respect to the american people -- i would argue, a lot of folks aren't reading it. we don't really know who the

republican witnesses are going to be at this point but again, these witnesses called by the democrats deserve to be cross-examined and the bias deserves to be exposed. one thing steve scalise added this morning, having a different viewpoint of foreign policy is not enough to remove a sitting president. all it's going to look like are the democrats bringing up research in front of the american people trying to sway an election and i think a lot of people would find that appalling. >> harris: there are a few pages the book, finding some of these pages pretty interesting. what he was calling for today was an apology to ambassador yovanovitch, thank you. and that apology, because it looks like she was mistreated. and also, he said, it looks like

maybe the president was given information that led him to go down a road that either -- i want to get with andy mccarthy and understand how this would've happened, if they're suggested to some are told some, let's chat with her and she got chatted with ed we found out from the book as you described it, though several hundred pages what was going on. there are some pieces of the puzzle if you will that have to be dealt with. >> jessica: the dual track issue here, on one hand you have the quid pro quo but you have a shadow of foreign policy being orchestrated by people like rudy giuliani and his associates. >> harris: before we go down into the weeds a little bit because we want to get to the second topic, we can get more on this when the transcripts come out. so the point i'm making is, the administration may have some cleanup to do in certain areas but the question again, are

those impeachable things? if you owe an ambassador according to a u.s. attorney and apology, do you impeach the president? >> lawrence: why aren't we talking about what the president was asking. that's a legitimate question. by the way, there are a lot of democrats that may not be on joe biden's side. i've been to the democratic debates were the other candidate supports feel like the democrats attacking him on this issue. >> harris: look at what happens when they don't, ask bernie sanders, went up against the democrats the last time around. >> melissa: we are going to bring you those transcripts as soon as we get them when they are released immediately. >> harris: the other story i was telling you about, at least nine u.s. citizens have been

slaughtered in an apparent drug cartel shoot out in northern mexico. three women and six children are confirmed dead. all members of our mormon offshoot community living near the u.s. border. we are now learning from family members that some of the victims were burned alive. one family member shared this video. >> this is for the record, four of my grandchildren were burnt and shot up. >> harris: following the story from los angeles, william? >> you had three mother's driving three vehicles leave their home in northern mexico. about 70 miles south of the u.s. near the sonora-show our border. neither state currently on the

no travel list. we don't know if they were at target or in the wrong place but surviving children from the hospital say one of the mothers got out of her vehicle which was broken down and waved at the oncoming vehicle so this doesn't sound like a case of one cartel mistaking children for arrival cartel. victims include four children, including 8-month-old twins. the victims were members of a polygamist sect that broke off from the mormon church years ago. >> we need help from our people, we are u.s. citizens. every one of them had u.s. citizenship. these women just happen to be caught in the middle. >> other children escaped, they were hiding in the bushes. they found baby in vehicle

riddled with bullets and wounded children bleeding in the weeds. the county sheriff said people should not be crossing the border because it was not safe and that is in this area. also, a state department employee told me moments ago that this area used to be under cartel control but right now there is a turf war. that may be why you see this increased level of violence. >> harris: thank you very much. also on this story, president trump weighed in on the tragedy today i'm tweeting this. "this is the time for mexico, with the help of the united states, to wage war on the drug cartel and wipe them off the face of the earth. we merely await a call from your great new president." you are from our border states, texas. i am from arizona -- my husband,

rather. it's tough. >> jessica>> lawrence: the immin policy when it comes to the legal -- many times goes through the cartel. you don't get across the border unless you pay a fee to the cartel. there is a drug policy and an immigration policy that essentially regulates themselves. the best way to attack them is through their money. going very hard after them. mexico has a corruption problem. part of the reason why the cartel is able to flourish is because people that are supposed to be leaders, officers, people that are supposedly part of the military. until we crack down on that we won't be able to survive. >> harris: what do you think about the president's call on going to war with mexico?

>> jessica: he has a policy that has been articulated as "hugs, not bullets," that is obviously not something that is going to be working out in mexico. the idea of us getting involved without escalating to a level where you would say we are going to war. this is just devastating, this is something that is happened before to this community there in northern mexico. >> melissa: i would escalating into war be the wrong thing? >> jessica: the president of mexico feels that way and doesn't want to use that kind of language. things become heightened, listen to how the war on drugs was talked about when it originally came out. >> dagen: we can debate wars all day. i am talking about the people in mexico that live there who are at war with the drug cartel. there was a few weeks ago, a

battle that waged on television between members of the cartel and this middle-class city in mexico and members of the government where it was being broadcast on tv because the cartels control the economy, they control the money, extortion, crime. according to the wall street journal, large parts of mexico live under cartel control. a retired mexican general has openly criticized the president after this botched attempt to arrest one of el chapo's sons. >> melissa: i guess that is my point, that it's already heightened. >> lawrence: it's already a war, we are just not responding right now. >> harris: the u.s. government has described the cartel as one

of the largest drug trafficking rings in the world. these were american citizens and as you say, it's already war. >> melissa: that shoot-out, the cartel outmaneuvered the government soldiers. >> harris: all right, we will update you on this and have a full report and guests at 1:00 as well. the justice department has all morning for the anonymous white house official writing a book about the trump administration. could that author be prosecuted? plus, president trump is urging his supporters to vote red in the critical state elections today. what tonight's results might tell us about 2020. >> a chance to send to the radical a message. you will vote to reject the democrats extremism, socialism, and corruption!

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>> the american people are fed up with democrat lies, hoaxes, slander. the democrats outrageous conduct has created an angry majority that will vote the do-nothing democrats out of office soon. >> melissa: president trump in lexington, kentucky, last night calling on the angry majority to carry republicans to victory. today, pivotal elections underway in kentucky, mississippi, virginia. democrats have a chance to retake governor seats. while in virginia, control of the state's legislature is up for grabs.

these races could serve as potential barometers for voter enthusiasm ahead of 2020 as well as a test of the president's ability to rally his base. you actually went there last night. >> lawrence: big crowd, a lot of people are very upset. i talked to them a lot about the impeachment stuff and how they felt about it. these are people who openly support the president, everything they said to make he says they don't agree with but they believe they had a vote and democrats are trying to undo their vote. i talked to steven hilton about democrats trying to win popular vote versus a state-by-state vote and i think donald trump understands how to play states and bring all the support he has. i think he's going to be victorious in these states. >> jessica: i am definitely watching the impeachment issue because this is kind of the ground zero for well this affect elections. the democrats have a chance but those are two coconservative states so we will look at what

happens are moving ahead but over the weekend, polls come out including "the new york times," in battleground states which were not great for democrats, joe biden is the only one above water in any matchups with president trump there and when you look at the messaging republicans are going for on the impeachment issue, democrats have got to pay attention to that for these battleground states because the electoral college is what puts someone in office, not the popular vote. >> harris: hillary clinton today is talking about telling democrats -- reportedly she's saying you've got to focus on win and who would know this best? a woman who had more popular votes but lost to donald trump in the electoral college. they say somebody who actually would know. i don't know who that one person would be or who she thinks it is. >> jessica: nancy pelosi spoke out about it specifically

targeting medicare for all. we don't win by running up the tally. >> melissa: i thought it was interesting, this was a rollout of the verbiage that he's going to use to counter impeachment going into the election. and this angry majority. i wonder if that will work. he's talking about the people who are sitting back and feel like are trying to undo an election. there is another election coming up. in the meantime, they are not giving the president an opportunity to at least try to do what he said. do you think that verbiage works? >> dagen: he's going to say whatever he wants to. i remember the moral majority under ronald reagan and the silent majority earlier than that. whatever he does, the president's style doesn't necessarily work for it -- he's known for being kind of brash or abrasive, for lack of a better

word. in state that president trump won by 30 points. he's suffering among female voters, independence in that state. i think it's going to be more interesting in terms of what happens with mitch mcconnell. again, when he ran against her, all that hollywood money came flooding into kentucky and she lost by 15%. >> lawrence: one quick thought, like donald trump, the polls were wrong the last time so he's counting this time saying hey, the polls may be wrong again. >> melissa: interesting. we will see, we will see. they reported big shift in the g.o.p.'s impeachment strategy as we wait for more transcripts to be released any minute. what this is all about and whether it will be an effective counter to the democrats. ♪

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>> harris: i want to bring you up to speed on breaking news this hour is await the release of two transcripts from two key witnesses in the impeachment inquiry. republicans looking to expand their strategy beyond criticizing the process by putting a spotlight on testimony they feel helps counter any attacks on president trump. one senior g.o.p. source told the hill they are basically highlighting the transcript, acknowledged to the president can put whoever he wants in these positions and that the president was actually tougher on russia with regards to ukraine then obama was. this says house republicans are considering adding some g.o.p. heavy hitters to the house intelligence committee. i was just reading on some of our notes that speaker pelosi might try to block jim jordan.

he may not want that anyway. what are your thoughts on this? >> lawrence: i think my main thing i'm looking at is the whistle-blower. suddenly the whistle-blower is gone. when i think about the democra democrats, when i think about doing the kavanaugh hearing, democrats who leaked that statement, ended up pushing her to testify before the house -- i am sorry, the senate. it seems like after the investigation -- i don't know if it's because of the investigation, did he coaches witness? suddenly the whistle-blower has just disappeared. >> jessica: that's how it works with whistle-blowers. the whistle-blower is not needed anymore. there is corroboration -- >> harris: he was never needed

because he had the call record. >> jessica: you have the call record, testimony from bill taylor. the president of the united states of america and mick mulvaney admitted to it on national television. what rand paul is doing, calling for the outing of the whistle-blower's identity is breaking the law, it is crime. >> harris: deputy ag matt whitaker was saying yesterday, on fox news, actually what's protected about the whistle-blower is not identity, its job protection, the federal worker protection from retaliation not identity. i am obviously not a former deputy ag but he should know what it is and you can't look at one thing and see eight others when it comes to this, it seems pretty clear. >> melissa: i agree with what jessica said in the sense that it's all out there, we've heard

the corroboration, everybody looks at it and either you see something you think is horrific and work impeachment or you are like -- i don't love it, i don't think it was a great thing to do, it doesn't even close to rising to the level of impeachment. i don't know how much we are going to learn down the road. they shouldn't be outed, we don't know, it's just kind of -- we've already got it. >> harris: if we ask that question passed february 3rd, the first test of our people are in the temperature of the democratic candidates with the iowa caucus, does it then become only answerable by the american people a few months later? >> lawrence: i feel like the american people have all the information to make bets on th this. motive matters in this.

this is why we have this whole thing about investigators. >> jessica: because he's a deep state guy that hates president trump? what is your evidence for that? >> lawrence: i want to talk to him. >> jessica: you want to know if he may be worked for a democrat in his teens? >> lawrence: his motive was to destroy the president because he disagreed with his foreign policy. i want to know why he started this right now, why would he coach -- >> harris: even if you discount, look, matthew whitaker and others can talk about identity, we believe that in their lane. how do you discount on the other people? >> lawrence: like i said, i think it's totally fair game. i'm not saying these are all deep state officials but i do believe they disagree with the president's foreign policy and i think that's something --

>> harris: quickly, dagen. >> dagen: we as americans deserve to hear from all of these officials. nancy pelosi, maybe it's not jim jordan but they are working on that to make sure they have the best voices. to expose any bias that might exist. >> jessica: the idea of bumping will hurt for jim jordan is preposterous. he is a cia guy who knows how to do his job. >> dagen: he is an adult and an elected congressman who can make that decision for himself. >> harris: we are moving on, really. a new study says the free college tuition plan can actually leave most americans were soft. a debate you don't want to miss. and i had, border patrol agent on why he thinks mexican drug

cartels may have been sending a message with the massacre of those nine u.s. citizens. democratic senator vin cardin on president trump looking to undo more of the obama legacy, saying yes, the u.s. will exit the terror of climate. and it details on the anonymous author of an anti-trump book. top of the hour. ♪ hello mom.

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>> we make sure that anyone can go on a technical school, community college, or four-year college tuition free. >> make public colleges and universities and trade schools, tuition free. >> melissa: several 2020 democrats calling for a free college tuition but a new study

says that could be directly the vast majority of american households were soft. finding those free tuition plans would require radical tax heights that benefit little more than half of the poorest americans at the expense of everyone else. the study says "public college policies would decrease state expenditure on and the quality of public education. more students would obtain college degrees, due to increased enrollment. over 86% of all households would lose while about 60% of the lowest income would gain from such policies. that last part, i had to do the deep dive, it is sort of like 86% would lose out and a little less than 14% would do better off. this follows a study that harvard put out that i think we talked about as well, that when

massachusetts went for tuition free college programs, they only offered it to high-performing students, it lowered to the number of students who finished the program. all of these things i think talk about market forces, when you give something away for free and ends up being less valuable. >> lawrence: not just giving it away, there are a lot of students that right now, we have a financial aid system that they have to pay back that many people will not pay back but a lot of those kids pocket the money. a lot of kids don't finish their education. i think when we are talking about, how are you going to pay for this? that's the big question but is this actually helping the next generation? there is something about paying for that degree, the ownership of that, i think there's a lot of things we can do to bring the cost down. how about we fix the high school education system so kids don't have to repeat two years of school and they go to college? but this study doesn't talk

about that. >> melissa: i look at all of this through the lens of market forces and to me the solution is to force the colleges to absorb this student debt problem, they are the ones that by definition have sold out agree to a student that isn't worth without student paid for it because they can get a job to pay it back. it's not the taxpayer and it's not the kids, frankly, in a lot of cases they were sold something for too high a price that wasn't worth it. the colleges would get themselves in shape if they had to absorb this loss. >> dagen: the great lie that's been sold to several generations of young people, that some of these are college degrees are worth literally a quarter of a million dollars and part of the problem is the government intervention in student lending, this wide open available credit, the money has gone to raising tuition at the college level. the colleges had you financial

aid, its loan documents. they should be required like a bank when they make a loan on a house, so you understand how much debt you are going into, how much that principle goes up every year, what your payment will be when you are 50 years of age. i hope more companies hire kids out of high school, they can identify those who were strong, hardworking, and smart and let them go work at apple and google when they are 18. >> melissa: those candidates made great points about vocational degrees. >> jessica: my concern has always been with free college tuition, rich kids don't need that. rich kids can afford to go to college because their parents can pay for it. we need to target it to those who need it, this is a big divide in the democratic field, elizabeth warren and bernie on the other side. >> melissa: the doj demanding details on the anonymous author by the upcoming anti-trump

insider book. the publisher pushing back. what's at stake and how all this can play out. ♪ tgage and save thousands a year. i urge you to call newday usa now. at bayer, we're into the golden years. with better heart treatments, advanced brain disease research, and better ways to age gracefully. at bayer, this is why we science. and now for their service to the community, we present limu emu & doug with this key to the city. [ applause ] it's an honor to tell you that liberty mutual customizes your car insurance so you only pay for what you need. and now we need to get back to work. [ applause and band playing ] only pay for what you need. ♪ liberty. liberty. liberty. liberty. ♪

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>> lawrence>> jessica: the juste department demanding information on the anonymous staffer who has

written the new anonymous anti-trump book. the books publisher says it will not give the doj any details, saying they made a commitment to the confidentiality of the individual and intend to honor it. lawrence, this seems like a bit of a process right here, the doj is saying violated, i would imagine they wouldn't have taken on this project without knowing that they could protect the confidentiality of anonymous' identity. >> lawrence: the libertarian in me and the protection of this writer -- even if it's something. >> jessica: what about the whistle-blower? you didn't mind that. >> lawrence: is totally different, this is a guy that is still currently working for the government. they should know who he is. but when it comes to this, i believe they have a right to publish it. i'm sure it will be able to fulf

gossip and we will be able to verify it but they have a right to publish this book. >> harris: that's an interesting point about the verification, we will have to read it to see if that's true but what expectation do we have a fact-checking when a book is called anonymous? >> lawrence: i think that's up to us, think about all the people that came out and it was full of salacious stuff, i'm sure this'll be the same thing. the only difference is it's called "anonymous." >> melissa: i'm interested in this from a legal perspective because he leave a place of business, you sign nondisclosure that you say you will not do x, y, and z, potentially, can you turn around and do something like this and profit from it anonymously when you have signed an agreement potentially? we don't know that this person signed a nondisclosure. that's why -- >> harris: they know that something called "anonymous"

will sell. we don't know the genesis of the anonymity. >> jessica: we know there have been a number of stories about how the trump administration has put upon employees more nda's than they've seen in any other administration. i do believe this person signed an nda if that's what the doj is saying is saying. >> harris: if you work for the department of defense and you an ex-navy seal, you have to get clearance from the department of defense before writing that very book. clearance and a waiver of the nondisclosure agreement and they will come after your profits, your proceeds if you don't have that cleared that cleared. >> lawrence: we don't know who the author is, right? i think what levels the water as you don't know who it is. the person that's publishing this could be a person that is not affiliated with the doj that just got reporting from other people. do you go after the publisher for that information or the person that leaked that information that signed the

document? >> jessica: they have no choice at this point because the doj doesn't know who it is because they've remained anonymous. an interesting conversation i've seen going on as all these public testimonies come out, yovanovitch, bill taylor, et cetera. there are real american heroes coming forward and speaking out about what they witnessed and i thought that was an interesting point. >> lawrence: i think they have a right. if you signed a document, just like we do and are corporations, you signed a legal document saying you would not reveal that information, i think you have a legal obligation to hold of that contract. >> jessica: we are going to move on, world series white house celebration sent some liberals over the edge. not me, though. as all washington national player puts on a maga hat. the twitter meltdown end of debate next. made me feel. it was like that feeling when you go to taco night at your favorite restaurant.

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>> say a couple of words. come on.

[cheers and applause] >> i love you all. i love you all. thank you. >> dagen: that's a play of this board for donald trump by catcher kurt suzuki, setting off an explosion of liberal outrage on social media. former cnn anchor, calling it pathetic. a liberal blog, the report wrote in a now deleted tweet that he wore a swastika had to he would get banned from baseball, and a maga hat is the same. they will never love you, kurt suzuki, enjoy the hug and the delusion, whatever makes you feel great. can we manufacture a pill that helps these people get over themselves? >> lawrence: no. and i think it applies to the

right as well. i'm so glad that he came out in support of the president, because that is his right. but there are people that go against the left and they go after or support people that they don't like. athletes have a right to be involved in politics, they have an endorsement it is their first amendment right. >> dagen: that was not even in support of the president. he was at the white house, and it looked like he was imitating president trump. he did the hanging ten. he did the hanging ten sign and then he got a hug from the back. it is good-natured fun and turns into i don't know, outrage. >> melissa: and it is how these last elections were one, because when you say that a maga hat is the same as wearing a hat that has a swastika on it. you are saying that everybody that supports the president is like a nazi.

you are taking everybody who supports the president and telling them who they are and that they are nazis. that is certainly not the case and it backfires on the left. and it is fascist. you are being told what you are allowed to think and what you are allowed to do. and it is not acceptable. >> dagen: had tried to follow kurt suzuki, it appears that his twitter account is blocked now. >> jessica: obviously comments about comparing it to a swastika are ridiculous. i don't think it is a deplorable issue, i disagree, i thought he was just saying i'm here to honor the place that i am in. i've been invited to the most important place. >> dagen: i'm the king of the world. it was that moment. >> jessica: there was also a lot of surprise by the number of players that went to the ceremony, because with the red sox, much fewer went. with basketball not many teams have gone to the white house. a sean doolittle coming out --

>> lawrence: the left is the only side that calls the other side racist when they show some support. >> dagen: and it was washington-washington, come on. good to see you, lawrence jones, we are back tomorrow. right now harris faulkner. >> harris: breaking news this hour, we have just been told at any minute now house democrats are expected to release new details on closed-door testimony and the impeachment inquiry. we watch this rollout yesterday. and now there is more to come. this is "outnumbered overtime." i am harris faulkner. here it is, house committee set to release those transcripts from two key witnesses. e.u. ambassador gordon sondland and u.s. special envoy. the official who denied in text messages that there was a quid pro quo for military aid supporting the president, and meanwhile two more white house aides so far hav