>> i think that's it for this monday, for now. we will see you back here tomorrow morning. it's going to be a big week. we will see you tomorrow morni morning, "outnumbered" starts right now. >> melissa: fox news alert, house democrats releasing their full report on articles of impeachment. all likely senate trial early in the new year. in the 658 page report released late last night, house judiciary chair jerry nadler called the president "a threat to the constitution who should be removed from office." this as house intel chair adam schiff accused republicans of protecting the president over the constitution. >> why are republicans placing this president over their oath of office? i don't think any of us had any

of this question, had barack obama engaged in the conduct, every one of the republicans would be voting to impeach him and if it were barack obama i would vote to impeach him. >> melissa: democratic leader chuck schumer calling for at least four call witnesses in the senate trial including acting white house chief of staff mick mulvaney and former national security advisor john bolton. this is "outnumbered" and i melissmelissa francis. here today, harris faulkner, kennedy, jeannie zeno and in the center seat, former acting attorney general under president trump matt whitaker. reactions from the couch, we will get to that in just a moment. chief congressional correspondent mike emanuel is live on capitol hill first. >> that 658 page report where democrats are claiming "the reason the house lacks access is

an unprecedented decision by president trump for a total blockade of the house impeachment inquiry. "some of the accusations are in fact holdovers from an earlier disingenuous attempt by the majority to weaponized the russia collusion investigations for political gain." a key republican senator says these impeachment charges are not what democrats promised. >> there is no article of impeachment on bribery, instead what they are arguing is they can impeach with zero evidence of a crime, they don't have to prove any criminal law was violated. >> when it gets to a senate trial, chuck schumer is asking for testimony, mick mulvaney, john bolton, michael duffy and budget official dealing with national security programs and a senior advisor who was on president trump's july 25th ukraine phone call.

he spoke about this request today. >> i am going to use as the standard to these folks have knowledge of the facts presented by the house. these witnesses do. not going to get into a negotiation here in public but witnesses that are extraneous shouldn't be in the trial. >> negotiations clearly underway on the senate side. melissa? >> melissa: mike emanuel, thank you very much. you bring him, they don't need a crime for high crimes and misdemeanors, you don't need any crimes whatsoever, you can impeach based on whatever. >> it's a grab bag of whatever democrats say it is in that house. so many things i want to comment about, the idea that they have charged the president

with abuse of power, there's no elements to an abuse of power so they can put anything they want into it and at the same time. >> melissa: if you don't like him, he's abusing his power. >> if the shoe was on the other foot, if we were in today's hyperpartisan world where democrats impeach republicans, in a previous world with obama and what he did with dock for example would've been very impeachable under the standard we now have. but i think the other interesting thing, at the house an unfair process, calling only the witnesses they've predeposed and now the democrats want a free trial in the senate, a fair trial, what they are calling a fair trial in the senate with all the witnesses they want, minority leader mccarthy not given the same stage to present

what he wanted. >> melissa: it's such an interesting waiter conduct business. they could've waited and nancy pelosi wanted people to appear who refused to come, now they are saying on the senate side they want to force those people to come. she could have remedied that by waiting and letting the court decide people to come come up with that have been a smarter move? >> jeanne: i've been saying all along it would've been a much smarter move. the legal process doesn't go by a political calendar. democrats in the house want to move this along, yet we might see a very different situation in public opinion, look at the fox news polls, public opinion and public support. had democrats taken the time to get direct evidence for people on that phone call and this is what they are lacking.

senator schumer is now asking for those very people who the house was unwilling to wait for. to me this is a big problem. >> melissa: a new fox news poll showing support to impeach and remove president trump's at 50%, up one point from late october. and take a look at our next poll, the president still sees a 3% increase in his overall approval. hannity, do you trust the polls? i struggle with this, especially after we saw what happened in the u.k., if you have an unpopular opinion you don't end up tell people when they call you on the phone. >> kennedy: that was one of the issues with the 2016 election was a lot of people, particularly those who supported the president and they said people who support him by and large are not wearing red hats and are not answering the phone but it's those silent voters who have been pushed out by the

establishment for so many decades. those are the ones who were going to move the president into the end zone. people make a big deal about the president's favorability verses on favorability, it's the exact same as when he got into office and you have seen much bigger swings with president obama, bush, clinton and their approval ratings can swing within ten, 15 points and that's not the case with this president. he's moved three points since october but he really stays in this essentially narrow lane and that means that these big, dramatic events that are supposed to sway voters and galvanize this bipartisan support against him so far, that's not happening and you have two other polls in addition to the fox news poll that show support for impeachment and removal has ebbed a little bit. >> harris: i call it the

bill clinton factor in all of this, a few weeks ago bill clinton may be made a statement and then it got picked up and it seemed like it was directed at president trump when he said don't make what's going on with impeachment, i get done what needs to be done and go do what you were elected to do and ironically it's been happening. i think it does matter when you look at, well, not impeached, up 41% -- rather 1%. one year, one down from impeach and remove, they all kind of add up and i know the president doesn't always respond to a fox polls but there is something for him to bite on with all this and that is the fact that last week, the first phase of the china deal. we haven't seen with the second phase is going to look like by look at the markets moving back and forth and the positive reaction to that. a little bit of a talk, maybe even bipartisan, that will be nice, fight over something else with the drug prescription cost

and a bill by democrats trying to get out of the house and get into the senate. so there's a lot there that the president has been able to do while all of this has been going on and remember, bill clinton got a whole lot done, he wasn't facing reelection, this is some headwind the democrats have put on themselves, look back at these polls. >> matt: 2020 is going to turn out to be a very good year economically because of the china trade deal and i think some of those -- the uncertainty is now out, brexit will take away some of those headwinds and i think the 2020 economy is setting up really good for the president to have another great year economically and lead into a reelection. >> kennedy: part of that is consumer confidence and when people's 401ks are doing better, talking about people who are long-term jobs, middle-class workers who have longer terms through their work in 401ks --

>> harris: most have it that way. >> kennedy: a lot of people are employed, so people have money. when i go into a new year with money they feel a lot better about spending it and consumer confidence is one of the main things that is been driving this. >> melissa: absolutely. dozens of navy pilots demanding they be able to carry firearms on base. after this month's deadly shooting at a florida naval station. with the pentagon is saying, plus g.o.p. reaction after james comey admits the inspector general was right about problems in the russia pro. >> it was really sloppy, 70 things that should have been in the applications are discussed and characterized differently, it was not acceptable. he was right, i was wrong. ♪

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>> i was overconfident that the procedures the fbi had built over 20 years. it's incredibly hard, i was overconfident in those. there was a real sloppiness. >> harris: is this interview making news. james comey admitting to real sloppiness, in the wake of inspector general's report. comey says he feels vindicated that they found no criminal misconduct. all of that doing a little took home his republican critics. who investigated alleged surveillance abuses during the congress watch. >> it's better late than never and sometimes it's just too la

late, comey is about two years too late. >> harris: there were those 17 instances, there were some real concerns that came out. james comey says he was indicated, was he? >> the inspector general said specifically that he wasn't vindicated, nor anyone. >> harris: does the report say that? >> the inspector general's attic, the report does not vindicate anyone. it demonstrates that there is some real challenges not only specifically with the fisa but may be others. there's a lot of work to do that fits, though core of these fisa applications are presented to is going to be very suspicious going forward of anything the fbi brings to them. the next party proceeding, there is no other party.

>> harris: melissa, i know your reaction when you saw this interview, he was up on twitter, he's kind of chatty about these things. >> melissa: i thought that interview was staggering. going back and forth, he said again and again, i don't see the difference between what i'm saying and what he's saying about how essential this dossier was and then he said he doesn't accept -- he doesn't think the fbi ever thought the steele dossier was just bonked. then in that comment he made at the beginning, he totally -- he takes no agency whatsoever, i relied on the procedure of the fbi that for decades they've been proven robust and in fact

no, he's blaming the institution and their procedure saying that's where the fault wasn't had nothing to do with him. does that process need looking at, it was incredible. i was shocked, horrified, disgusted, i don't know what else, i could keep going. >> kennedy: this is the person who was supposed to have the utmost ability. no stranger to high-profile investigations that could have a major impact on presidential election. the bridge from the hillary clinton email server investigation to the russia collusion campaign investigation was very narrow, very short. he's saying this is seven layers below him. talking about investigating a sitting president and members of his team, it's very difficult. i don't know where to begin.

it's really difficult to get one of these fisa warrants. the procedures that are robust actually allow for and attract all missions which are tantamount to lying. that is wrong that that is happening with our country's top law enforcement, that is not okay and it doesn't matter how you feel about the president, you should look at the content of this and be very troubled and when he says, well, there was no criminal activity, vindication, john durham takes exception with that statement and me about a couple -- >> harris: there's more to come on that story, i want to get the president in here via tweet, here's what he wrote. "so now comey is admitting he was wrong but he's only doing so because he was caught red-handed. what are the consequences for his own laws of conduct, could it be years in jail?

where are the apologies to me and others, jim? "james. >> jeanne: what is astounding as there are 17 egregious violations, this is not just a procedural error so when you listen to chris wallace's excellent interview, he made it seem as if this was some some sort of procedural error. to survey an american citizen who was working with the cia, who should never have been surveyed and who deserves an apology and i should just say, i saw on twitter before that our very own matt is -- people are trying to recruit him to take over the directorship of the cia next. >> harris: i wondered why you were trending. really quickly because you said when we were in a sound bite or maybe even in a break, forgive me because that conversation our audience didn't hear but i wanted you to be able to tell them what you were saying from

the perspective of james comey doing this interview. you felt like he maybe didn't anticipate some of the things that were asked. >> it's astounding to me, it's as if he did not read the report thoroughly or at all and i thought the interview showed that. >> kennedy: that's what i thought after his op-ed. if they can included in that warrant application that carter page was working with the cia, there's absolutely no way it would have been proved. >> harris: we will move on. matt, glad you're here. former president obama raising some eyebrows with his comments on political leadership. what he says things would be like if more women were in charge. plus, seven democrats have qualified for thursday night's debate. however, they say that's not enough. why they are now calling out the dnc. stay tuned. >> so we're just asking the dnc to be more thoughtful about

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>> at the beginning of the process they were saying you had to get a certain number of donors, we are just asking, the dnc to be more thoughtful about these thresholds to allow for a more robust conversation there on the debate stage. >> harris: eight other presidential candidates signed a letter calling on the dnc to adjust its rules for making the debate stage. they say the current rules are officially narrow from what was the most diverse democratic field in history. "the dnc has led a fair and

transparent process and even told campaigns almost a year ago that the qualification criteria will go up later in the year. not one campaign objective, the dnc will not change the threshold for any one candidate and will not revert back to two consecutive nights with more than a dozen candidates." haven't we debated everything already? >> melissa: two guys that probably couldn't even qualify because they were pulling pretty low when they jumped in and do people know you and people like your category, we are beyond that now. they are reported to be on the ballot in some places. my question is what are they fighting? are they upset because more of them are getting in and that shakes up the pot? you didn't see them on that lineup. >> melissa: it is interesting.

kennedy, what do you think? at the same time you have joe biden still on top the latest paul. from the new fox news poll, 30%, that's a commanding lead. >> kennedy: she's thinking because -- health care is an issue for most americans, not just progressive americans. "i'm not going to pay for the thing, it's out of your business." take money from rich people but that will never be enough and my plan magically costs las less. you're not using math with numbers, it's feelings math and everyone has to have a trophy and a part on the stage. i'd like that's very problematic with 700 candidates so they had to come up with criteria and they did. it's not perfect, it never is.

they agree to it. >> harris: feelings math, that is the line of the day. >> matt: some argue that warrant does bring diversity to that top seven. >> melissa: we are not going to go down that path and get ourselves in trouble. what that means is that there are voters on the democratic side apparently not demanding -- or they don't categorize candidates by the color of their skin. >> matt: no doubt the democrats are trying to answer two questions, who can win and who do i like? they always want to fall in love with the candidate. this is what i see in my home state of iowa, they are kicking the tires and they have a top three but they're not going to decide because of the way the process works, 15%, iowa caucuses.

there could be a really interesting shuffle. >> harris: as a person who is diverse in several categories, woman, black, whatever. doesn't anybody see me? i'm saying, something other than racial or cultural diversity but there's also diversity of thought. there are many ways we can do that, we celebrated for eight years the nation's first black president. we know we can get anywhere in this country. the diversity line, i'm just asking, they can be along a lot of different lanes, right? >> jeanne: it is the most historically diverse, but i think what people are responding to is this is a problematic

process, to narrow down these huge fields and michael bloomberg it doesn't have to worry. he doesn't have to worry about the debate stage. he's got to depend on getting on that debate stage so i think it lacks diversity for people who don't have the money to spend on their own and that is our problem. >> harris: you know you're not a billionaire when you jump in, kennedy. >> kennedy: that's hillary clinton, through a billion dollars at it and didn't get the job. it frustrates a candidate so much that you see michael bloomberg, he's able to bring all that money to the table and that's frustrating without question. one of them is reportedly about

to become a republican. the fallout from congressman jeff andrews apparent switch and buy some democrats are just he's just trying to salvage his political career. ♪

>> kennedy: at least five senior aides to democratic congressman jeff sa jeff andrew. 1 of 2 democrats to come out imposing the impeachment of president trump. jerry nadler suggesting why he thinks van drew would switch, watch. >> he's reacting to public polling that shows he can't get renominated, his electorate in his district is 24% to nominate him at 54% to nominate someone else. this is not political.

we should not be looking at those things. >> kennedy: that's fun, of course it's political. conservative groups are targeting vulnerable house democrats within anti-impeachment add. labeling them "dirty 30," which is a great name. is this smart of van drew to switch to the republican side? can he make enough of an argument that democrats have completely abandoned democracy and he had no choice? >> matt: is demonstrating how partisan and polarizing this impeachment battle has become. fundamentally this is putting a lot of pressure on those 30 because at the end of the day, chairman nadler knows this is purely partisan and purely

political. >> kennedy: how do democrats handle this? day one of their own who is not just switching his vote, he is switching sides completely. is this a bad look for them? >> melissa: it is shocking because generally someone goes to independent or unaffiliated. of course it's political, everything is political. i believe it has something to do with his reelection bid without question. i think it's interesting for the other democrats in those districts because your saying, you voted for me but i'm going to undo your vote on the president and that's a tough sell when you go back home unless you have -- they keep saying he abuses power. if the dress looks blue to you as opposed to what the other color was, you see it but if you don't see it, the cold, you're saying you're going to undo my vote over this?

>> kennedy: i think it's more complicated for van drew then a trump-kerry district. he's one of the 20 that flipped and turned it into a win for democrats and a lot of that hinged on health care. i still don't see that huge health care plan from democrats. i'm not saying there are not ideas out there but we don't see that necessarily. so if you're also going to be on the team saying yes to impeachment that's really difficult to do. how are you going to keep it from flipping back if some of these people were single-issue voters or say they were? >> matt: the 2018 democrats turned out in opposition of the president and on health care. i think 2020 is going to be an entirely different turnout model and these 20 that did flip are really going to be in the fight for their lives. >> kennedy: does this save his

political life? >> jeanne: i'm not sure it does and i think it speaks badly of the democratic party under public and that you cannot go against what the party believes and that's what i think we are seeing on both sides. >> harris: why not as melissa says just come out and say you are an independent? >> jeanne: i think he wants to be a part of the party, you can't do something as an independent in congress. speak team xp to philips telling fox news, over democratic freshmen in the house support taking in. there couldn't be any one perhaps in the entire u.s. house whose general political views are as polar opposite from many of us in the democratic caucus and that's what makes it such a powerful statement. on the issue of responsibility for our constitution we are

perfectly aligned. that's interesting, he would either be the most popular or the least popular. they hated them before and he comes over at his old friends hate him, i don't know. what do you think of that decision? >> matt: he's a libertarian, probably the most libertarian member of the house of representatives in a different place than i think a lot of the establishment or traditional conservatives. i'm not sure he's agreed to do this, somebody sorting his name but i'm not your he's picking that up. it will put them in a very difficult reelection situation. but i think this issue, i'm staying away, voting my conscience and explaining it to my constituents as to why about it this way but i'm not going to be the front person to prosecute this case. >> kennedy: he's a very, very principled person. he's a constitutionalist, puts his most votes on social media

and he doesn't care if they don't like him in either party, he really doesn't. he puts the constitution above all else which makes him essentially a stranger in washington. but he does have a very interesting background, he definitely opposes the president, might be uncomfortable for a lot of republicans, with the freedom caucus and the party but i think it is so hyper partisan right now he might be the only option. >> jeanne: i couldn't help but imagine that democrats were setting him up by even floating this idea because i think this makes it very difficult for him to a win in his district if he was to guard and prosecute the case against the president for impeachment. this will be a definite nonstarter for him and i think it really does raise questions about his reelection if he goes out there and does this. >> harris: i want to follow up on the whole set up principle. what do you mean by that? >> jeanne: my devious

political mind, harris. i can't imagine that that is what they are doing but on the other hand i don't see how this helps them keep that, how that helps him. >> kennedy: these are freshmen democrats. >> harris: i used trying to say they are trying to woo him a little bit? we love you so much we will give you this job? >> kennedy: they are setting them up to kill him. there are a lot of libertarians and he could make a very big impact on the race. he's one of the few republicans, when he was a republican who held a town halls when they were incredibly unpopular and got cheers from his constituents forgiving honest honest answers to some very tough questions. >> melissa: deadly shooting at a naval base in pensacola, florida, raising concerns about the safety of our service

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pilots making a plea for better security at military bases. drafted a letter to members of congress demanding to be allowed to carry firearms while on base. this comes after a saudi national shot and killed three people at a naval base in pensacola, florida. "it is reprehensible that a military installation, be at the mercy of off-base civilian law enforcement when faced with an immediate threat to their lives. mark esper was asked about this over the weekend, here it is. >> we are looking at that right now, at the same time these are communities and we have to balance out all those interests but yeah, we should and can do better. we are looking to get that rig right. >> matt: i'm all for concealed carry. i think pilots on bases should

be allowed to carry, they should have the proper amount of training to have that responsibility. >> harris: i would hope our warriors would. >> matt: these are people asking to go and fight wars and put themselve in harm's way on r behalf. i don't know what the opposite argument is. i would feel safe. >> harris: refresh my memory, if you will, didn't we have some of the same conversations after fort hood? >> kennedy: when you are defending yourself, you have the right to self-defense. you have a right to preserve your own life particularly when you are fighting for freedom and when you are putting your life on the line and you wear that uniform and yes, it's a given that they do are more training but aside from that you have the right to not sit and wait for outside civilian law enforcement to come and save you when you

are in a life or death situation. >> harris: i feel like i want to throw this out there, you have a family member who was part of law enforcement, too, this isn't to say that they can't do to d to do it on 20% of law enforcement's former military and that country. you are right there, rather than waiting for someone, that is the argument here. >> jeanne: i think the military needs to do a better job of vetting who is coming over into these basis. i think the program is important but i think the vetting has to be looked at after this horrific incident so before you get to a position of having to defend yourself which absolutely they can do, you have to make sure the people you are bringing onto these bases are safe and you have security. >> harris: you know we have shootings everywhere. you can't vet everybody who walks into -- >> kennedy: a movie theater or a mall.

>> jeanne: the u.s. government has invited these people on military bases to train them and live in our country. >> melissa: it's interesting that we put ourselves in this position we want to train sort of allies, it goes back and forth. but you then bring people over and have something like this happen. i'm with you, i don't really understand the opposite argument why you don't let people who are volunteering to risk their lives, to secure our freedom carry the weapons they've been trained to use on the base. >> harris: one of our producers just reminded me that one of the people was a firearms instructor who wasn't carrying a weapon, putting to a weapon. >> matt: the real question boils down to who. they should have concealed carry on military bases, the pilots, obviously the pilots pushing for their interest but so many

others are well-qualified to arm pilots who maybe should be carrying as well. i expect he will come up with a better balance of those. >> kennedy: it seems very odd that a naval base would be a gun free zone. selah many of them are military families, that's where i grew up. all right, we will move on. former president obama seeking out on leadership and making waves to the new world. what he reportedly said about women leaders next. ♪ do you have concerns about mild memory loss related to aging? prevagen is the number one pharmacist-recommended memory support brand. you can find it in the vitamin aisle in stores everywhere. prevagen. healthier brain. better life.

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because there's no income verification, no appraisal, and no out of pocket costs. i urge you to call newday usa now. billions of problems. sore gums? bleeding gums? painful flossing? there's a therabreath for you. therabreath healthy gums oral rinse fights gingivitis and plaque and prevents gum disease for 24 hours. so you can... breathe easy, there's therabreath at walmart. >> welcome back. former president obama a foreign land interesting comments about leadership. and he told audience in singapore that the world would be much better off and mps if more women were in charge. he said "i am absolutely confident that for two years and every nation on earth was run by

women, you would see a significant improvement across the board on living standards and outcomes. and when asked to address this mind-set, he said most of the words problems are down to "old men not getting out of the way." joe biden. what are you saying there? >> there is no doubt that some governments should resemble our population so you should expect in leadership 50%, law school is even more women now than there are men when there is no doubt that there are plenty of well-qualified female leaders that should be involved. this hypothetical barack obama world where there is rainbows and unicorns and all female leadership is just impossible even if that is true but there is no doubt we should have equal access to those top positions for women.

>> the first thing i thought is he is setting his wife up to run. >> of course he is. >> i thought the same thing and i thought the same thing about joe biden. so i thought he must be setting his wife up, maybe she's going to run in four years, i'm not sure. but i agree, should represent the system but i don't think we should be judging people based on their gender. women need the same opportunities as men and that's the point. >> it's interesting the implication that women would cause less wars. i would wage war before my husband were to. i am much more in-your-face than my husband. left the implication as they would be world peace if all women were involved and i don't know about that. >> that's one of the first criticisms tulsi gabbard had for hillary clinton, called her the queen of the warmongers which was a great slight but a very true insult because i think

hillary clinton where she president, i'm confident she won't be but if she had won, there would be skirmishes. >> why go out and associate on joe biden like this? >> he is really mad about it. shouldn't have picked hillary. >> and is the father of a 19-year-old daughter who want to go to law school and conquer the world and has been told you can do anything you want. we need to have those people that have done it, not hillary clinton, but folks like see that our governors, my home state, kim reynolds, you can be governor of the state, you can be president of the united states, you can be a ceo, anything you want as long as you're willing to work hard and play the price. >> more than people saying it, they have to be in those positions have as much as i respect barack obama, you've got to see women in those positions. >> so glad to have you

jump-starting a fantastic week, well done. we are back here at noon eastern on the couch, "outnumbered" over time with starts right now. one that we begin with a fox news alert and you know if democrats pass impeachment in the house of the next go to the senate so that's why this is particularly interesting. we are now awaiting brand-new remarks from senate minority leader chuck schumer after the release of the house judiciary committee's 658 page report making the case for impeachment. this is "outnumbered" overtime, i am harris faulkner. senator schumer is expected to lay out his opening offer to republican majority leader senator mitch mcconnell on a possible trial in the senate. schumer says he wants to call for witnesses who refused to speak to the house. they include white house chief of staff mick mulvaney, former national security advisor john bolton, mulvaney senior advisor rort