>> the lsu tigers in the east room. >> it's pretty cool. quicchris wallace got me. did you go there? it was good stuff, a proud moment. thank you, john. see you back here monday. "outnumbered" starts now. >> a fox news alert, president trump adding some legal heavyweights to his impeachment defense team. among them, former independent counsel who a investigation ledo the impeachment of bill clinton. former whitewater independent counsel robert ray, this is "outnumbered" and i melissa francis. here today is harris faulkner, fox business anchor dagen mcdowell, fox news contributor jessica tarlov and in the center seat today, you know him from "america's newsroom, the new anchor of "bill hemmer reports, making his

big debut monday at 3:00 p.m., bill hemmer. congratulations on the new show. >> bill: we used to do this where we all came together. >> melissa: i don't want to lean too far forward here. we will get more of his show at the end but let's go to white house correspondent john roberts on the north lawn. >> bill will soon be giving himself a one-handed high five. the president hosting the lsu tigers, the national college football championship team in the east room here at the white house and the last hour celebrating their victory but at the same time also couldn't help but bringing impeachment into the mix, listen here. >> come to the oval office, we will take pictures behind the resolute desk, it's been there a lot of time. some good, not so good but you've got a good one now even though they are trying to impeach the sun abov son of a [.

can you believe that? speak of the people who will be arguing on behalf of the president, they will mirror the team announced by nancy pelosi. jay sekulow, the president's attorney will also be playing role. ken starr, alan dershowitz, the harvard law professor who voted for hillary clinton and opposed to the impeachment of bill clinton. he says he's going to be arguing on behalf of the constitution for the president. robert ray, the former whitewater prosecutor. jay sekulow's son jordan will assist his father, the executive director of the american center for law and justice here. he predicts that the democrats

effort to unseat the president will fall short in the senate trial. listen here. >> i think they have a very uphill battle, to get 67 senators to try to come on board with these two week articles of impeachment that are so partisan, that don't even include a criminal charge. they don't have to but in the past they always have. it makes it that much weaker, that much tougher and i believe if they go in there and play their partisan politics to the u.s. senate sitting as a jury, that is going to backfire. >> a couple of key things are going to be happening with the legal team, they have to file an answer to the articles of impeachment with the house and either sunday or monday they have to file their brief with the senate, outline the arguments are going to make. he's is there going to make very strong arguments regarding article two and the president's ability to do foreign policy as the president sees fit.

we will see if the will buy the arguments they make. things begin in earnest at 1:00 tuesday afternoon. >> melissa: at least five of those folks we put up on the screen are people we have seen regularly here o on fox news and on other channels. they are -- and for good reason, in my mind, because so much of this is about public opinion. you want to be good at explaining what you are doing on television. >> bill: a lot of that is going to be on tv. robert ray joined ken starr's team in 1999. i wonder if robert ray was a demand on behalf of ken starr, if i'm going to join your team i want robert ray to join me. you are exactly right, this will be played out on television, it's clear what the president has appealed due for a very long time, he wants people to communicate their ideas through that box. >> harris: i would add to that with robert ray that he actually issued and took over for ken

starr at the end of whitewater and issued the final reports on the whit whitewater scandal and monica lewinsky scandal, as you all know i don't like to call it that. >> bill: we had ken starr on a few days ago, i was confused, i don't know if you were but was saying, if you are asking for a prediction as to witnesses, he said yes we will and i said give me some names and he said john bolton, hunter biden. but then he seemed to backtrack and his answer as to whether or not that was the direction this trial would have. i was confused. i wonder if at that point he had an idea as to whether or not he was possibly joining. >> harris: do you think he was getting to what senator ted cruz and others have asked for, the one-on-one match, if you want this you can get this. >> bill: any time you asked that question, that's what republicans will go. you want this one, we are going to take this one. >> harris: my impression of

that conversation when you had it was that he was saying if there are witnesses this is who i think it's going to be and i feel like jessica, his point was, it's all or nothing. if you're going to have witnesses, the republicans are going to call the bidens. how much of a risk is that the democrats, do they want to go down the road of a free-for-all with witnesses that you have no idea what's going to happen then they could bring the bidens out and everything else? >> jessica: i don't think there's much that hunter biden could say that will do in the case against the president. >> melissa: it's not a risk? >> jessica: i'm not sure were going to get to that point. chuck schumer said there will be both on this end the four republican senators have said they want to make sure it's a fair trial and wouldn't dismiss the case outright. in looking at that board of these lawyers coming on board, not only is it a flashback from the '90s but there are people on that list, alan dershowitz is tied to jeffrey epstein, ken

starr was -- >> melissa: he's a constitutional scholar and lawyer but you feel because of a client he represented he shouldn't be able -- >> jessica: he's also implicated himself in it. >> dagen: that's what the left is pushing regarding alan dershowitz. not getting off of o.j. simpson, not getting off people on death row. >> jessica: if you think jeffrey epstein has a clean reputation -- i am sorry, alan dershowitz. obviously jeffrey epstein is not a part of any legal team. as well as ken starr who had to leave baylor, that's also complicating and the reputation for what went on in the 1990s. these people are good on tv but they also bring a tremendous amount of baggage with them that i'm not sure is necessarily

plus. >> dagen: here is how you offset that, i will plug trey gowdy. you can only have one person talk at a time and i would be surprised, i would be shocked if jay sekulow didn't do most of the talking. the issue is here, this is not legal, it is political, it's about bruising president trump, it's about messaging and this is what this team will be partially responsible for. because impeachment right now is still underwater. yes, removed on impeachment, 46.9%. no, 47.3. it's underwater, they want to push that further and further. >> bill: quick anecdote, two years ago alan dershowitz came on our program and he had his book, "why the president should not be impeached." what was the title of that?

picture of donald trump on it. underneath that he had a cover that said "the case against impeaching hillary clinton. h">> melissa: if they strategize but they are not all they are doing the trial, some of them are going out and being spokespeople, is that what you're getting at? >> dagen: you will hear from these individuals during the live broadcast but you will hear mostly according to trey gowdy, from jay sekulow. >> harris: i would just add and also argue that hunter biden might not be the biggest mystery or risk for democrats. it might actually be john bolton. we don't know what he would say and we do know that he has some things he wants to share in an upcoming book on topics on his dealings with the president and other things. the things we reported that came from him.

but good prosecutors never ask a witness questions they don't know the answer to. i keep having attorneys tell me that. we will move on. senate democrats are continuing their push to have new witnesses testify at president trump's impeachment trial. minority leader chuck schumer has promised to force votes on those witnesses as soon as the trial kicks off on tuesday even though majority leader mitch mcconnell has enough votes to delay a decision on additional testimony until mid-trial. g.o.p. senator susan collins is clarifying her position on the issue, saying in a statement just last night, it's likely she would support a motion to call witnesses after hearing both sides. however, senator rand paul is warning republicans who support democrats that they better be fair to president trump or pay a price at the ballot box. watch. >> if it turns out, the republican base sees that this looks like only democrat witnesses and no presidential

witnesses, i guarantee the republican base will punish those people who set up that scenario. if it looks like a kangaroo court, the republican base is going to be very unhappy. >> i thought it was five, collins. it's a good question. they seemed to suggest, mitt romney said two weeks ago that he's open to hearing from witnesses. here's what i think is really important on this decision. you are going to know whether it's a thumbs up or thumbs down as to how long this trial is going to last. if you get to your opening statement, i think there is a 16 hour period for senators to ask their own questions. mitch mcconnell in all likelihood is going to bring up this questions of witnesses and if the answer is no, the case is

over. i am going to guess two weeks, based on every thing i'm heari hearing. susan collins put out that statement, based on what she was hearing yesterday, in 1999 she made the case where she supported witnesses in that case but still found bill clinton not guilty. so you can support witnesses but if the articles come up and you are asked to vote up or down, you are going to have a decision. >> harris: how much do you think it helps the president to say, how much do you think it helps the president to wait and then be able to say the exoneration, and don't you need witnesses for that? >> melissa: probably yes. it's an interesting idea, what if everybody stood up and said let's assume all the facts in the case are true, assume he

held back the money, set i'm not going to release it and attempted to hold her back until they did the investigation. that's not what happened in the end, the money was released. given those facts how do you feel, impeachment up or down? that would be an interesting and honest question. they are not going to go that route but that's one way you don't need witnesses. witnesses are supposed to prove that that was his intent. when you put it out there i'm not sure you get to impeachment. >> harris: i was going to ask about so-called new evidence that come into play. it may only be new to those of us who don't have access to classified documents. all that talking. >> dagen: andy mccarthy wrote "this investigation continues into the senate trial. a trial cannot be fairly conducted if a defendant is still under active investigation for this same alleged corruption

transaction particularly when investigators are publicizing new findings. that patently prejudices the consideration of the formal charges that have been transmitted to the court. the senate and republicans are under no obligation to pursue this new evidence. government accountability office report, this is part of the legislative branch. i will point that out. and by the way, the funding was still sent to ukraine. in the clinton trial, the house wanted to call ten witnesses. there were three that were called, they were interviewed behind closed doors. they might interview witnesses but we might not see it. >> melissa: it was a piece of video was shown, they weren't called as witnesses. >> dagen: they videotaped closed-door depositions. >> jessica: i think with susan collins specifically, the most outstanding example of this where electoral politics comes into play. susan collins is the single most

unpopular senator sitting right now. when people are in tight races like what's going on in colorado, she has an opponent there versus -- they are going to be under pressure to be doing what their electorate, their constituents want. public opinion has weighed in favor of having witnesses. >> harris: based on, you know, the example that bill just gave, she is independent usually of all of that. >> jessica: the kavanaugh vote really from that, "i'm deeply troubled" and it's become a joke, she said "i'm concerned about that but then she goes in line with president trump. i had just thing to watch these tight races, that's where you could see the sway from the senators who want to keep their jobs. >> dagen: this is what chuck schumer said, he's using it, not a legal proceeding, as a political one, he's trying to

move those races. almost two dozen republicans in november, he's trying to pressure their republicans and mitch mcconnell is trying to caution them, don't let him do it. >> harris: the four senators running for president returning to washington for jury duty as you might call it in the senate trial. it can they afford to be off the campaign trail this close to the iowa caucuses? it hasn't had much oxygen and coverage anyway. is there anything to this claim about the trial that they can't get a word in? 's because sometimes i wonder have all the timing was to help one of their candidates in their race who gets to be out there working in iowa and others are working here in d.c., i've been wondering about that. ♪ as a struggling actor,

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their first symptom is a stroke. so call today and start with a free health assessment to understand your best plan of action. so why didn't we do this earlier? life line screening. the power of prevention. call now to learn more. >> i would rather be in iowa today, there is a caucus there in two and a half weeks, i'd rather be in new hampshire and so forth but i swore a constitutional oath as a united states senator to do my job and i'm here to do my job. >> harris: some brutal honesty there from senator bernie sanders, one oh four senators running for president along with michael bennet, elizabeth warren, and amy klobuchar who will have to leave the campaign trail weeks

ahead of the first in the nation iowa caucus to do their duty as jurors in president trump's impeachment trial in washington. that could be a big opportunity for those 2020 hopefuls not in the senate. yesterday while his democratic rivals were taking an oath of impartiality, pete buttigieg had the hawkeye state all to himself while joe biden was campaigning in texas. here is what i would do. maybe recuse yourself and you say i don't think i can look impartial in the senate because i'm running against this guy right now. to be clear, i don't think they can be impartial because they are running. >> bill: marsha blackburn suggested that. >> harris: she didn't suggest it, she said it had to happen. >> melissa: you say, i don't think i can look impartial, i'm not going to do it and go back to the trail. >> bill: there is a great

piece on foxnews.com, that the entire caucus itself is now tainted. >> harris: that's what i would say, who wouldn't? >> bill: minimum two week trials. the senate trail only runs between monday and saturday. what he was saying is that if pete buttigieg wins or biden wins there will be an asterisk by their name. if sanders wins or warren wins, the headline will be look how much they overcame by not being there. >> harris: that is an interesting point. i say for all the process, from the moment senator mitch mcconnell, and he took a lot of heat for this, said some alignment with the white house, from the moment there was even a question about whether or not he could be impartial and he's leading the republicans and they are in the majority. the conversation begins, who is

completely in a political process not coming from a political basis? i don't know if it flies that i don't know if i could choose a side, i have to myself. >> the amount of delegates to be distributed, it's not a lot. it's the headline the candidate wants, you want a gold medal or a silver medal, one, two, or three. >> harris: imagine the headline if the president is able to say they impeach me but i still won. >> melissa: the president tweeting this today, "they are wrecking the election again against bernie sanders just like last time, only even more obviously, they are bringing him out of so important iowa, as senator he sits through the impeachment hoax tri-rai trial. crazy nancy gives a strong edge to sleepy joe biden. that's the way the democrats play the game anyway, it is a lot of fun to watch. you are laughing but it does

seem like -- it feels like it's a bunch of people trying to help joe biden. >> jessica: just like the dnc wasn't out to rake it for hillary clinton, she got 4 million extra votes. she won by 4 million votes. what's funny to me is -- first of all, it impacts every single democrat that's running here and the idea that burning is some big victim of the establishment democrat machine and i love when republicans get in on it, they love to amplify this because if we are divided it's easier for them there. it hurts all the democrats on the trail. bernie the least because his voters of the most committed. amy klobuchar is unhappy about this, she just hit 10% in new hampshire, big deal for her and warren who has been falling since the summer also needs to be out there. bernie is in the best position of anyone. >> dagen: bernie has some great surrogates who will be out there for him, they are very high profile, alexandria

ocasio-cortez, ilhan omar and rashida tlaib, they will be out there for him. he's well known in iowa because of the 2016 election. this trial could get us through nevada if it runs longer than the clinton impeachment, it could take us to south carolina or even to super tuesday depending on what happens and it just one other thing in terms of -- you can't recuse yourself, you are senator. that's your duty. what if none of them win the nomination and they've got to run for reelection and your constituents look at them and said you cut tail during the impeachment, what are you doing? >> harris: i want to see it on the front page somewhere. >> melissa: the issue at hand is somebody sitting in a political office, did they make decisions about how they are conducting themselves in office based on how the next election was going and you have people who are sitting there in their

capacity making judgments about somebody they are running against in the next election, that's the irony. they are judging something they are in effect in a similar situation at the exact same ti time. >> bill: bill clinton's trial lasted 37 days. super tuesday is exactly six weeks from next tuesday. speed to get down. >> melissa: can the rift be healed? bernie sanders and elizabeth warren trying to turn the page after that moment over who called him a liar at tuesday's debate. james comey under scrutiny again, the focus of a new doj leak investigation. what lawmakers are saying about this and whether it could land of the former fbi director in hot water. >> during james comey's leadership of the fbi, there were continuous leaks occurring of information that was very critical to both the united states.

>> dagen: federal prosecutors reportedly investigating whether james comey may have leaked classified information to the press. again, "the new york times" reporting that prosecutors are scrutinizing at least two news articles about the fbi and comey published in 2017. they mentioned a secret russian intelligence document key role e you know a lot unilateral announcement. former house oversight chair trey gowdy with this reaction. >> i am not a comey fan but i'm also not a fan of indicting and convicting people based on "new york times" reporting.

he had an opportunity to tell us about this fact pattern and he didn't do it even though it would've benefited him so i will be really surprised if jim comey committed a felony when he didn't even share it with people he could have shared it with when it would've helped him to do so. >> dagen: this is related to a communication involving loretta lynch, we don't even know if it was disinformation are not. the question is why now and apparently this came up in the recent james stewart book, that might explain it. >> i'm not sure where this goes or where it began but i think someone within the department of justice has information about james comey going back for some time. it's possible that he was, jessica, we were talking about this earlier. was he the source of how many stories, how often, over how much time? and this clearly did not come

from, the inspector general. it's a a very unusual thing to go back this many years. it's happening for a reason, i just know where it goes. >> melissa: i am so tired of james comey. i am so tired of stories involving him. i care about the idea of leaking because so many people got away with it and others haven't, i wish we could just say, from this point on we are going to enforce it to the hilt but it's going backward to james comey and it's killing me. during that hearing, he came out with that information and he offered it to his friend, a classmate of his or a friend of his. >> dagen: daniel richman, he was his personal lawyer. >> bill: very good. it seemed like he offered the

information in such a willing fashion that it came easy to h him. i don't know. >> jessica: there are a lot of people who weekend they shouldn't. trey gowdy hasn't always been on the same side of the fence, it seems like a pretty fair analysis that him doing this would be a pretty big deal versus the fact that he didn't turn it over when it would've made sense. we all remember chris wallace grilling him a few weeks ago about the fisa court and not fully taking the blame for that because the buck does stop with him, there is a proliferation, a narrative that didn't turn out to be wholly accurate. i'm curious of who in the justice department is pushing this and going back to comey which is exhausting me and you. >> bill: the point of washington being the source of a lot of these leaks, the reporter doesn't break the story, someone brings the information to the

reporter. i do agree with you, if he's the one who got caught. >> jessica: it's a big deal for an fbi director to be doing that. >> harris: before the 2016 election, arguably, did that make up a difference in what happened in the election for hillary clinton? even she was going back and forth, it was being talked about in democratic circles. the question became, why didn't president trump fire him sooner? i wonder if it was the best-kept secret that this guy weeks like a sieve. some might've even liked it about them until it turned. >> dagen: i want to point out "the wall street journal" editorial page, they wrote an editorial saying we suspect

keeping jim comey on is your fbi director will be one of your biggest regrets. they warned president obama. >> harris: people at the top might've known a lot more. >> dagen: the fbi, there were some memos about president trump that were leaked to his friend daniel richmond. they did retroactively contain classified information and despite the recommendation of the inspector general, the justice department did not prosecute him. in terms of the left trying to portray this as a witch hunt, not the case. bernie sanders bernie sanders and elizabeth warren try to move pass that moment on tuesday night's debate. a high-profile democratic using the senator of hillarizing warren. what that means and whether it is true next. ♪ hing for each other. but this time... those bonds were definitely tested.

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>> i think you called me a liar on national tv. i think you called me a liar on national tv. >> let's not do it right now. >> any time. you called me a liar -- let's not do it right now. >> harris: check 12. just after the democratic presidential primary debate, beginning with the report that sanders had told warren in a private conversation that he did not think a woman could win the white house. sanders has repeatedly denied that. he did that during the democratic debate. the moderator moved on and said, he hasn't said that. warren later released her own statement saying it did in fact happen. the former democratic governor in sander's home state of vermont is accusing sanders of trying to hillarize

elizabeth warren by casting her as an elitist. "what i've seen is he and's team feel they are holier than the rest. they will play dirty because they think they pass purity test that republicans and most democrats don't pass." issa: i think that elizabeth warren, like the rest of us, when youink that was comy contrived, though hot mic moment and i also think that it is fine to compare her to hillary because they have that in common, they do appeal to elite upper-class white people. >> harris: bill? >> bill: cnn had what is called the back file, the audio system. you can hear me, right?

what is it called? it feeds back to new york. correct? they went over this. he is awesome, awesome guy. this doesn't exist, it was legit and they founded ten or 12 hours later. i just thought the whole moment, they botched it. you've got the two candidates on stage, you've got the allegation. >> harris: what would you consider not botching it? >> jessica: she asked bernie sanders whether it happened. the moderator should have gone to elizabeth warren and said "he said it didn't happen." instead what you had was a very confusing scenario that's led to the days and days of coverage and you only had two questions -- a question to him and to follow up, question to

her. >> melissa: that's what happens and people are reading questions off of a piece of paper instead of having a real interview. >> jessica: tom steyer is the champion of that exchange. now he's number two in south carolina. i don't think this matters at all. as a democratic primary voter and a democrat, this is not what people are paying attention to. the democrat electorate is not following this, they are certainly not thinking, did bernie say a sexist thing? is that even sexist? i think you should lean into it. i beg to differ. >> jessica>> dagen: the bernie s supporters are -- what appears to be that elizabeth warren is trying to do to him and his campaign and pay him, that they

are leaking things about her and that he is a sexist, that's what they're trying to do to him. i always quote aaron altman, the character from "broadcast news," wouldn't it be a great world of insecurity and desperation made us more attractive?" one other thing about tom steyer since his name came up, i have resting rage face, if you will, i've had to actively look pleasant since i've been on tv. he has to actively look less achy and weird and creepy. >> bill: coming out of iowa, hillary clinton had that breakfast and she made a comment about we just can't let this moment pass, suggesting a woman needs to win the white house and i believe at one point she had tears and people had accused her

of playing that card. >> jessica: they did in 2016. >> bill: i just want to get to the question, do you think that is part of what is happening now between warren and sanders? >> jessica: i think it's an element. she called out the boys on the stage for being losers and said "amy and i are the winners here." no woman has won the biggest election. >> harris: we are moving. are you going to stay here? >> dagen: i'm shutting up, i'm stifling. >> harris: the most powerful democrat in the house is now accusing facebook of intentionally misleading users. what nancy pelosi's facebook slam says about the relationship between the democrats and the social media giant. ♪ in your feet?

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>> jessica: nancy pelosi taking a swipe at facebook over the socia social media giants political ads. >> facebook's business model is strictly to make money, they don't care about the impact on children, they don't care about truth and even if they know it's not true they will print it. i don't think they've been very

of the great opportunity technology has given them. >> bill: facebook and mark zuckerberg have come under fire over their policy on political ads and concerns of our antitrust issues. facebook says not policing content and political ads as a matter of free speech. this feels like an eternal back and forth, we've all acknowledged that facebook's p.r. response, where do we think we go from here? >> dagen: i think she is getting on board with the narrative you will see leading up to the november elections this year, left versus right, liberal versus conservative and where was she when the democrats, particularly barack obama's reelection campaign in 2012 were benefiting from the very policies that access to the people friend's information, they built -- the obama campaign in 2012 created a voter outreach have very similar

to what cambridge analytica was doing. it benefited our republican, it benefited from, the sky is falling. facebook, they were allowing people through the live stream video to commit suicide, commit murder, even a child was murdered. where was she when that was happening? >> jessica: it's not just about political ads. >> dagen: she should've set it when it was happening, she didn't. >> jessica: it's certainly not nancy pelosi's fault. >> melissa: i think she makes decisions and comments, i was listening to that news conference live and i was so surprised and thought wow, she's giving a lot of feedback from her polling and everything else that facebook is so wildly unpopular in her district and she's just lashing out at them on television. >> jessica: and facebook is in her district. i think she was genuinely surprised to get a facebook question. >> bill: i hear that the

electronics show in las vegas, the number one issue righ out te is privacy. >> jessica: privacy and health tech. >> bill: the privacy is a big deal. >> jessica: especially with millennials who are much more aware of where the information is going. >> melissa: we can't wait until monday, bill is going to tell us all about his new gig right here on fox. ♪ hey, saved you a seat.

this round's on me. hey, can you spot me? come on in. find your place today, with silversneakers. included in most medicare advantage plans. enroll today by calling the number on your screen or visit getsilversneakers.com >> our very own bill hemmer has a big new assignment and time slot starting monday at 3:00 p.m. eastern, he will anchor "bill hemmer reports." >> there you go, halfway.

we are going to be on the breaking news, clearly, especially given the new cycle that we have. were going to have news cycles too. were going to make sure people get opinions and information they can't get elsewhere. i'm really jacked up, i'm really happy about the next chapter. we were just talking about the break, degen said do like working here? i was talking to a reporter the other day, they said tell me what you like about fox, i said tell me how much time do you have. one of the things that you cannot understand because you are not on the ends died, is that when we are on a breaking news a story, we have our director and our switcher, our audio guide, our writers, anchors, reporters, on the same page, the same time, we are rolling through those stories, there's a certain symphony that comes with that. it is a special sauce that you cannot find anywhere. >> you've worked at other places, correct? you know that the camaraderie and the friendship is real here. >> i want to say i started here

in 2003 full-time, you started in 2005, you are a joy to be around. we aren't on the air together very often, but you are full of kindness and excitement, always want to know about stocks. we are so lucky, i love working with you, bill. >> likewise, thank you. >> congratulations, we are back on monday, here is harris. >> harris: we begin with this fox news alert, president trump is beefing up his defense team is the senate impeachment trial officially gets underway. you are watching "outnumbered overtime" on a friday, i'm harris faulkner, the articles have been presented, the senators a sworn end, we are now looking ahead to the third ever impeachment trial of a president in the united states history. tomorrow, house democrats, saturday, at 5:00 p.m. eastern, a deadline to submit their legal brief. president trump's team will hand over their legal brief on monday. then a new and e