make his supreme court nominee decision on saturday. and mitt romney is on his team. >> julie: absolutely. saturday. we expect to watch that, of course, continuing coverage on the fox news channel as always. trace, it's great to work with you. have the great rest of your week. "outnumbered" starts right now. >> harris: fox news alert now. we are awaiting fresh reaction from the white house to republicans in the senate all but locking up the votes needed to potentially confirm president trump's eventual supreme court nominee. senate g.o.p. expected to meet soon to talk about the next steps after senator mitt romney became the latest to jump on board and says he is in favor of voting on a potential nominee. the utah republican explained how he reached his decision. watch. >> the decision to proceed now with the president trump's nominee is also consistent with history. i came down on the side of the constitution and precedent as i have studied it.

and i made the decision on that basis. >> harris: those remarks come as two other potential republican hold-outs senators chuck grassley and corey gardner said they will support moving ahead with the nomination. and this. senate minority leader chuck schumer is not holding back his response, leveling a blistering attack on leader mitch mcconnell for wanting to proceed with the vote. >> the mcconnell rule was nothing more than a mcconnell ruse. sadly. leader mcconnell has defiled the senate like no one in this generation. leader mcconnell may very well destroy it. >> harris: you are watching "outnumbered." i'm harris faulkner. here today melissa francis, host of "kennedy" on fox business, kennedy montgomery. executive director of serve america p.a.c. and the fox news contributor marie harf. and joining us today, co-host

of the "fox & friends" and host of the brian kilmeade radio show, brian kilmeade is with us. brian, this seemed swift for the republicans in the senate to all but lock this up, getting the votes. the hold out republicans now dwindling to at least two how do you account for the speed at which this was happening? >> brian: shocked. after friday went down, i actually questioned where the president would come down originally, sitting alone hearing the information, not having the privilege of being on "outnumbered" where we could talk in the break about the breaking news. i said i wonder what the president will do here? it became clear obviously. proper decorum when he got the news from the reporter he would look to put someone in that seat. we got the news it will be saturday. he will make the announcement somewhere in the white house obviously. this is what i think. i think this used to be the easy part. we have to also find out who the candidate is. i don't think they are out of the woods yet. we have to find out who the

candidate is. it's safe to say it is a she. see how she does over the scrutiny, which is going to be over the top. scrub her high school yearbook and look at everything in her past and democrats will look to with respect i think they have to watch it, not go over the top. they will be extremely aggressive at this. then they will look to raise money from this. i am shocked that mitt romney came aboard quick. i was shocked as i was at the two female senators decided they were not on board. they were given 51 votes. he only needed 50. mike pence would cast the deciding vote, harris. >> harris: mike pence, vice president, president of the senate. i have two things from that. anytime you want to come on "outnumbered" and break news. come on, friends. the other thing i got from what brian was saying this moving along but we don't know who. we know it's a woman. >> kennedy: yes. i hope that the senators don't

just hyper-focus on abortion. there is so much more at stake in this country. i know a large focus is going to be healthcare. and that is fine. that shouldn't be working its way through the courts. the house and the senate should be working on their own healthcare packages diligently, which they have not been. also you have issues of things like the free speech, gun control, and mass surveillance. as we are making our way through the pandemic we may be entering into a new phase of the surveillance that never even occurred to us. that is domestic health surveillance. i hope the senators take a much more precise approach to the questioning of whoever the nominee is going to be. buy the way, i told the show. yet on "outnumbered" i told you that mitt romney hates being the one republican that everyone tests. he was going to come on board and because he is a politician and he wanted to be liked.

this is more of a gimme for him that other people would analyze. i was right. >> harris: with the doritos yesterday i had a cup of kennedy told me. she was right. [laughter] marie, i'm coming to you in a moment but i want to talk democrats with melissa for a second. melissa, do you think when mitt romney says this is consistent with history -- him taking his position now to join everybody on the republican side with the exception of two and go forward with yes, he would support voting for a nominee. do you think he is talking about history with the democrats on this very issue? >> melissa: i think that he is making an excuse because he knows that his voters and his constituency, that the number one priority in this situation would be seating a judge who rather than reading new magical things in the constitution would like someone who just reads what is

there. and leaves creating and making laws to the lawmakers. legislators. so i think he is protecting his political tukus and he knows his folks would get agery at halftime for passing up the opportunity or thwarting the opportunity to seat a judge who would look at the constitution as it stands, as it is written, rather than, you know, taking the letters apart and rescrambling them to mean things that are not there. >> harris: marie, i want your response to that. >> marie: well, harris, president trump maybe for the first time ever said the most honest thing about this process in his interview with "fox&friends" this week. that republicans are in charge. and when you have power you get to do what you want. all of these are republican senators trying to come one a principle for why they should move forward now when in 2016 they said you don't confirm a

justice in an election year, period. none of these caveats they are saying now. those were not in any of the statements. the truth of the matter is they are in charge of the senate. with that power they can certainly do that. it's interesting to me, i'm surprised by mitt romney. he voted to impeach and remove president trump from office. yet, he has decided to get to appoint a supreme court justice 40 plus days away from an election. but i think the reality is that the republicans appear to have the votes today. i will emphasize what brian said that we don't have a nominee yet. and so i think it will be interesting to see who the nominee is and how people respond to that. but there are a number of procedural ways that the democrats can slow this process. so the other $1 million question today is can republicans get this done before the election or does it get pushed to a lame duck session where president trump may have lost, some of the senators may have lost?

we are not at the finish line. democrats feeling a little knocked back on their heels today certainly, believe that there are still some things that can possibly be done. there is still more of this process to play out. >> harris: yeah. i have a couple of just procedural questions there. i'll go to brian on this. he is always my lifeline on these issues. so, brian, i don't remember mitt romney voting to remove the president. i remember that there were two questions on the senate floor. and some people split ahead of the vote. then when the vote came down, some voted up or down and some voted in the middle. do you remember it differently? >> brian: i think you had one article of impeachment and she voted thumbs up and the other he voted thumbs down. he said he prayed and god told him to do that. he came up with that conclusion. but he also knew the president was going to be impeached. this is going to be more impactful. but not really. it just shows the unity with everybody else. i don't know, kennedy, if he

minds that much not being liked. because he has done a lot of things against the stream. remember he gave the speech after the president was nominated saying he would be, his candidacy is worthless as a trump university diploma? all those things? he did not being the minority there. but he doesn't exactly -- >> kennedy: he felt like he was the majority. you remember there was the issue of the "national review" by conservatives and the republicans trying to take apart the trump nomination. and mitt romney was appealing to them. he was appealing to what he saw as a bigger pool of the like-minded people. rinos, if you will. that were going to block the president. it didn't work. he wants to be liked. he is still a politician. >> brian: i wonder what it's like when cornyn and graham and the others in a battle. does it help or hurt? >> harris: yeah. i want to brush up and see, you know, does it matter if they vote before november 3 or after since we will still have a majority of republicans in

the senate until the ends of the year. and president trump will still be in office until the end of the year. some of the nomenclature is getting this done before the end of the year. i said that three times but worth the question. we'll move on. more and more, democrats are threatening to pack the u.s. supreme court. if republicans confirm the president's nominee ahead of election day. so, what does democratic presidential nominee joe biden say about all of that? next. veteran homeowners: newday's helping thousands of veterans

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yes. yes you do. a kohler walk-in bath provides independence with peace of mind. call... for one thousand dollas off your walk-in bath plus a free kohler bidet seat with purchase. >> melissa: joe biden not commenting on the growing calls to expand the supreme court if the republican fill ruth bader ginsberg's seat before the election. asked about it yesterday in the battleground wisconsin, the democratic nominee said, "it's a legitimate question but let me tell you why i'm not going to answer that question. because it will shift all the focus. that is what trump wants. he never wants to talk about the issue at hand. he always tries to change the subject." speaking of changing the subject. biden opposed so-called court packing for years but a growing number of the democrats like alexandria

ocasio-cortez, and nadler naned ed markey in the senate say they support a move if the dems win the white house and the senate. senate majority leader mitch mcconnell firing back. >> now the democratic colleagues telling us that the senate doing normal senatorial things would spell the end of the constitution. none of them assert they would break a senate rule by holding this vote. it's just that the democratic friends worry they might not like the outcome. >> melissa: okay, so, brian, jerry nadler saying they should expand the supreme court if they go ahead with this but they didn't say if you are nice to us and we have the option to expand the supreme court we won't. don't you kind of think as my minute that i'm making a joke if they had the power to expand the supreme court they would do it no matter what happens right now, no matter what happens with president

trump. do you think if they get the opportunity they will move to do that? >> brian: it shows the stakes for november 3. i think they will and i think they will try. there will be people standing in the way. chris coons says that is a heck of a leap to paraphrase. senator feinstein says i won't commit to packing the court. i won't commit to getting rid of the filibuster. that is key. there have are traditionalists that are not for what harry reed and schumer did. some were frustrated with him years ago by not approving the judges fast enough. the question is are the 70-year-olds who have been in the institution for 50 years going to throw it all out in the street because they are frustrated? if they get the senate, work it. see what you can do. rather than blow everything up, expand, get rid of the electoral college. make puerto rico a state. make washington, d.c. a state. american samoa i don't know how to get there, but if that a state i will try to.

they want to make all things a state and change the country. you will dig in on the bitterness between parties. but this is hardly a done deal. there is a lot of so-called, some people are not off the charts like jerry nadler who don't up and say i wonder what nadler wants me to do who might not jump on this. >> melissa: yeah. america samoa is lovely, by the way. marie, you did an excellent job in the last block announcing when the shoe is on the other foot everybody does what is right for their party and we have a giant washington, d.c., full of hip crosses which is absolutely the case -- hypocrites which is absolutely the case. do you think the republicans would try this if they got frustrated? can you imagine them saying we will expand justices and why or why not? >> marie: absolutely! i think mitch mcconnell made perfectly clear that his overriding priority as senate majority leader is judges. that is why he refused to

undertake the constitutional duty in 2016 paus because he co. i think is a broader conversation, melissa, about the representative government in the country. i'm glad that joe biden didn't go down the rabbit hole. he said it's a legitimate question and it is. we are at a place today where a lot of people in the center on the left, actually across the political spectrum, feel like we are living in a sort of tyranny of minority. a number of people afford healthcare, gay marriage, affordable care act that the senate and the supreme court because of the structural issues aren't representing the country. so should we look at making washington, d.c. a state where live? absolutely! i shouldn't have fewer rights as an american because i live in washington. should we look at getting rid of the filibuster? absolutely. but all in the service of more representative government. representing the american people and not just minority of the people that have more

power because of certain structures. that is a good conversation to have. >> melissa: okay. so, kennedy, there was a lot in there. first, all of us feel like we are being bullied by the minority. people in the large cities who feel like the explosions that we have seen of this, of the small groups that want to shout down everybody who is trying to live the lives. there is a lot of sir rany gointyrannygoing on. mitch mcconnell has the opportunity to move right now to expand. i don't know if he would do that. but do you think the things that marie listed that she would want to see protected is that the job of the supreme court? kentuck >> kennedy: it's not. >> melissa: legislators should get off the tukus. >> kennedy: she is talking about the legislative branch, representation. that is fine. the supreme court is not part of the legislative branch. they have their own branch. doing their own thing. it's constitutional. they are jurists. they interpret the

constitution based on their experience and philosophy. those are two completely different things. the supreme court justice are not nominated necessarily to represent certain group of people. in fact, people get really angry when they feel like there is the judicial overreach and the politicalization which is what you were pointing to earlier on. also democrats have to be dangerous about this idea of the court packing. as you know, there is very tight senate races. the race for the presidency is tightening. if for some reason this nomination pushes things in the republican favor, the republicans maintain the senate and the presidency, then why wouldn't they pack the court? i think that would be a horrible idea. the sort of political comeuppance playing with something like the lifetime appointments is incredibly dangerous. it puts us on a slippery slope. in terms of what joe biden was saying, it's not president trump talking about packing the court. it's the democrats.

the president is not trying to shift the narrative with this conversation. it's people within his own party and he better grow a pair and pick a side if he wants to be president of the united states. >> melissa: okay. harris, it strikes me as i listen to this conversation, which i think is a good one, why is it that the lawmakers are trying to desperately to give away their power to the supreme court, and force the supreme court in a position where they are writing the laws? opposed to just reading the constitution? i mean, lawmakers should sit down and write laws if they want these things done. >> harris: cue the big sign that says, "coronavirus relief bill." i mean when have they ever been able to do it cohesively and coherently when it counted, before a break? government shuts down. can you just get it done on a deadline? can you write something? i'm with you. something i would say to kennedy, though, joe biden is

speaking to his people. he may be at a lectern saying blah, blah, blah about the current president or republicans. but he is clearly talking to his party when he says call in the flag on let's not lose the focus. he does not win on this issue. his issue is coronavirus according to the polling and according to the words out of his own mouth. that is where he says he can make the biggest difference. that is where the polling have shown. people believe that. when he says we are losing focus and pointing to the white house what he is really doing, like my 13-year-old. "but it might be me? it might be my people." >> melissa: yeah. it's true. the lawmakers, they can work on the immigration and healthcare while they are at it as well. >> harris: the list is long. >> melissa: frustrating. all right. yeah. supreme court battle now taking a center stage a week from the highly anticipated first presidential debate. next, why the trump campaign says it expects joe biden to

be at his best.

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>> harris: look at the top headlines making news this hour. the united states today surpassed milestone of 200,000 deaths from coronavirus. average 770 deaths, lost souls, per day. the model from the university of washington predict the overall u.s. toll will double to 400,000 by the end of 2020. crews battling the bobcat fire. northeast of los angeles as it threatens more than 1,000 homes. high winds continue fueling what you see in the center of your screen right now. new york governor andrew cuomo said he may deploy the national guard to make sure

people can cast in-person ballots on election day and he is prepared to have the state and the local officials on standby to fill in for poll workers in the coronavirus pandemic. just one week out now from the first presidential debate for this year. the most partisan of all political battles the u.s. supreme court nomination as you know tops the list now of the issues ahead of that long-awaited trump-biden showdown. while the president has been mocking his opponent, the 2020 communications director murtogh tells fox news that they expect biden on his best. he said that is the biden we expect to be on debate night and we have to be prepared for the tune-in biden. marie harf, that is what you have been saying. you said the republicans have to start to reset the playing

game now. if they set the bar too low for biden and he gets close to put his hand on it, let alone gets over it, it could be trouble for the g.o.p. so now that is not what is happening. >> marie: that is right. i was so interested to see the change in the strategy by the trump campaign. i think what donald trump says over the next week leading up to the debate will be really important. he is still focused in on this sleepy joe biden caricature. we will see. i think it's a better strategy for the trump campaign candidly. going back to one thing you said on the last topic. the debate is where the healthcare, covid and the supreme court will come together. joe biden will focus on the fact that if democrats lose another seat on the supreme court to a far right justice then obamacare is gone and preexisting coverage is gone.

he will say to trump where is your healthcare plan? you promised it months ago. that is where covid and the supreme court will come together a week from today. harris? >> harris: brian? >> brian: no talk of him not having preexisting conditions or taking that away. one thing is clear that the president of the united states is going to make, if he says 200 million people will die by the time i'm done with the speech, the president will say excuse me. the number 200,000. when he says every one of them would be alive if it wasn't for this president if he listened to the data, the president will call him out on that. so i remember the look on joe biden's face when he first started debate. he is jarred when people go after him. he gets stunned. the only reason he stopped being stunned the democrats looked at him and stopped going after him. harrikamala harris went down to

tulsi gabbard. it wasn't until after the nominee that people started to look at him again and he had a decent debate against bernie sanders. but he said something that won't hold. he said i'm for banning fracking against bernie sanders. sanders said that is not the plan. he has told others about the fossil fuels. it's up to the president to call him out on the things that go by the board because biden gives a speech and takes very few if any questions. goes home and then no one talks about things that don't hold up. >> harris: you said you were talking about the septegenarians and how they are going on capitol hill. you said we were talking about the democrats. there is another generation pushing. yes, bernie sanders and joe biden may go around about fracking but the younger generation. alexandria ocasio-cortez. the others coming forth, she

even say. she said let this moment radicalize you. she wants to push biden. he has to look back, too on the debate stage. i answer this and who is pushing me. >> i would like to see someone rationalize here. that is all i want to see. if chris wallace puts both candidates with the issues where they have gone back and forth, because biden has four decades of that. he has four decades of coming to land and completely different spots. in terms of criminal justice. that in and of itself he has a lot to answer for. i don't think he has been questioned about his part and the major pieces of the legislation that created the cons for the systemic racism within the criminal justice system in this country. he authored that. he has to answer for that.

i do agree with marie. when he is on his game, he is a threat. republicans are right not to assume that he is going to be some mush mouth pudding brain has-been. because he very much wants this. if he gets rest and visit from the blood boy he could have a phenomenal debate. >> harris: i can't go to break without melissa. >> harris: i'm glad that chris wallace is doing the first one. he doesn't allow people to lie or dodge in the answers. both candidates better show up with the "a" game and better be prepared to answer. i can't speak for the rest of the debates but given the fact he is first, it's the one that the most people will watch. you better come with the truth and you better come prepared. >> harris: all right. if chris wallace is watching from the d.c. bureau now he has popped corn and he is ready for the next round of love for chris wallace. here it comes.

we will talk all about him now. our very own chris will moderate the first presidential debate one week from tonight. president trump and joe biden will face off in cleveland next tuesday, september 29. 9:00 p.m. eastern. pop your corn. your night is made. you can catch it all here on the fox news channel. fnc for the cool kids. meanwhile, president trump warned that the big city protesting would target the superbs. in part of america it may be happening. we will tell you where demonstrators are getting confrontational outside of people's homes next. >> president trump: they were saying that women in the suburbs, they are not sure if they like me. they are starting to like me a lot. it's law and order. they like law and order. veteran homeowners: why refinance now? because record low mortgage rates have dropped even lower. and now you can save $3000 a year. veterans can shortcut the process with newday's

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>> melissa: they seem to take a confrontational and personal approach four months

after george floyd died in police custody. marches in portland are increasingly moving to the residential neighborhoods. where the demonstrators with bull horns, reportedly shout for people to come out of your house and in to the street. to show support. one protester told the "new york times" when a protester saw a neighbor displaying the american flag they said, "take it down. they wouldn't leave. they said they are coming back to burn house down." this is after protesters in washington, d.c. confronted a diner who refused to raids her fist to show up is -- raise her fist to show support for black lives matter. in rochester, new york, demonstrators are shaking people's dinner tables as they sat outside at the restaurants. kennedy, is this peaceful protesting making the way to suburbs? who is it helping? who is it hurting in your estimation? >> kennedy: it's

totalitarian mob rule. it really is. whatever good intentions were had and presented by peaceful protesters early on, they have been destroyed by this group of people because when you are telling someone to take down their american flag, a symbol they hold dear and have every right to the first amendment to display. if you tell them to take it down or you will come down and burn down their house, that is a form of terrorism. that is exactly what it is. i don't know who they work with. someone is employing them. they have free time on their hands. but good lord. it does help the president when they encroach in the superbs. i worry because my mom and stepdad live in a superb outside of portland. i'm glad my brother is no longer a cop there. this is really bad environment. please stop trying to whitewash this as, you know,

tiny localized event that is being blown up. they are moving on. >> melissa: yeah, to brian, clearly the biden campaign is getting the message that increasing number of the people alarmed by this and don't like it. they have a new biden ad running which is great because he can practice as many times until he reads the prompter properly and one of the things he says that he blames president trump for the violence because "trump is not calling on his own supporters to stop acting like an armed militia." so he is blaming the president for violence saying this is his fault for is not standing up to say don't act like an armed my lisa. what do you think of that? >> brian: desperate, unsubstantiated claim. they came to portland three months after the portland riot started and no one was reining

them in. they didn't exist in seattle. in new york i have yet to see any of them. they started to see the numbers dip. they were ignoring the riots. we talked about this for weeks. you know whose numbers are dipping? black lives matter. theyed a 85% approval in the beginning but it's now 50%. if you go to all white neighborhood with the black and white crowds. a lot of these people are white. we saw a lot of the stories in the "new york post," happening in new york. they are doing the destruction here. they started to yell at people and telling them to do what you said, take the flags down. if you want to convince someone of the racial justice. don't punch them in the face and ask them to pay attention. what they are doing a lot of the people that were sympathetic and had ears and the eyes open how do i make this better see the violence and the anger and they are saying nobody is listening. i have no idea why they wreck my place and destroy my store. i am out. i have yet to see anybody stand up like martin luther

king or malcolm x. and say this is what we need. this is what i want to approve. get this better. there is nobody on that side. i don't see al sharpton even anywhere. >> harris: so this was president trump on september 8 talking about the move. listen. >> president trump: i don't think the democrats have the courage to control these people. they are afraid to talk about law and order. suburbs are coming big to us, the suburbs are next. if you elected this guy, the suburbs would be overwhelmed with violence and crime. >> harris: so that was fear mongering people thought at the time but now it is in the suburbs. what are your thoughts? >> marie: it's still fear mongering. overwhelming suburbs in the city in the country today are not seeing the violence. i spent the last few weeks in the superb in columbus, ohio, and santa claus, missouri. both city that had seen

protests after george floyd's death. things are calm. trump is fear mongering because he has an electoral problem. women across the board, college educated and non-educated women are fleeing from trump in every poll. this is an electoral strategy. i'm not sure how much it will work. with majority of the americans look at the communities they don't see this violence. they see it in portland certainly and they have seen it elsewhere. but even the clip from washington, d.c., we played that is from a few months ago. most americans are focused on the coronavirus, healthcare and now the supreme court fight. that is what they are going to go to the polls and vote on, i think. >> melissa: harris, real quick. 550 violent riots roughly according to princeton university. that seems like a big number since the beginning of the jeer. >> harris: look, i said this before. five were. i don't know why it took us so long as a nation to say that the number was growing and

it's not acceptable and how do we get in there. to brian's point the person two goes to the street and tries to listen and tries to bring peace and unify people and get a unified message doesn't have to resemble us as people of color. we just need great ideas and somebody who doesn't march at 3:00 in the morning. so that is why you are not seeing anybody like dr. king. he didn't do that when we were blessed to have him on this planet. >> melissa: we are waiting for start of the press briefing as the republicans appear to have the vote to confirm the supreme court nominee. we'll bring it to you live once it starts. are you frustrated with your weight and health?

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>> president trump: i'm no angry at republicans. i am. i'm so angry. i am so angry. i'm trying to stay out of it but it's a disgrace that it has taken this long. >> harris: president trump at an ohio rally last night accusing the republicans of not doing enough to investigate former obama investigation officials and biden's son hunter biden. that is despite the senate homeland security committee voting last week to authorize the dozens of the subpoenas to force testimony by the former c.i.a. director john brennan,

james clapper and the former f.b.i. director james comey among others. senator ron johnson could release investigation in the russia probe. a lot going on. handicap this for us if you could. >> basically, you have to try to get america's attention if you read the book and if you see comey's book they don't agree. so anyone who says the republicans are making it up. the people in the middle of it can't agree on what happened. this is you important to bridge them out and talk about what they were doing to lead up to it. what they were doing was a full flown investigation in the president. they have to justify it. the mueller report doesn't. the heart report takes aim at them. i'm curious to see what they had to say. they had three years to get

the stories together. the books disagree. they could blame it on the editors. >> harris: wow! marie? >> marie: yeah. i mean donald trump doesn't actually care what the truth is. he tries to just put doubt in people's minds about the obama administration. but i think that it may have worked in 2016. it may have worked two years ago. but today where we are sitting with the 200,000 dead from covid, the supreme court justice being named by him, the news has moved on. there was nothing there. there are republicans in the senate like richard burrr and the others who are uncomfortable with trump pushing them to investigate his political rival. let alone that they have to pass a funding bill. they have to pass covid relief and now looking at the supreme court justice. they have a lot on their plate besides this i think for next few months. >> harris: you might want to tell the democrats that, too.

they are thirsty for the investigation. i don't know if we had a glitch but it sounds like the president has chosen a nominee for the u.s. supreme court. he has not. if you are tuning in now, you haven't missed breaking news development it hasn't happened yet. >> brian: saturday. >> harris: kennedy? >> kennedy: the c.i.a. and the f.b.i. under president obama were not part of the obama administration. let's divorce those things. they have had too much power. this has cost people livelihood and the careers and that includes people carried out some of the acts. there is something wrong with the institutions. marie talking about a full plate. she has a plate full of distractions. they rant we talking about the f.b.i. director christopher wray? why aren't we talking about taking powers they have and limiting them so they can't affect the lives of americans regardless of the party in

this way? i don't think we have gotten there. there are so many outstanding question and the idea there is no "there" there, there certainly. is it's naive and simplistic to say it's in the past and what we have got now is just fine. it's not. and we have to seek the truth from the institutions. that remain regardless of the administration and when presidents change. >> harris: so melissa, is the president right or wrong to be frustrated with the members of his own party who he says didn't press hard enough to investigate obama officials? >> melissa: you know, i think that he is expressing something that almost everybody on both sides of the aisle feel. that all of the investigations are totally not satisfying. they never seem to get to the bottom of anything. they never seem to come up with the conclusion. they don't have the power to punch anyone. so when you feel like something has gone wrong, and

some committee in congress or the astronaut says they will investigate it, it never ends with the people saying oh, that was delicious! i'm satisfied. i got the answer i wanted. people that needed to be punished were punished. i don't ever remember that happening. i think he is frustrated. i don't blame him. a lot of people on both sides of the aisle for many issues have been frustratedded in the same way. >> harris: that is a great point, though. a little bit like what i was alluding to when i said both sides investigating back and forth. whatever comes you of any of it. all right. we'll move on. the white house press briefing set to get underway at any moment. you can see the lectern there in the bottom of the screen. it's the first briefing since the death of justice ginsberg. of course, we learned today that the senate in fact does have a lock with votes. if it wanted to consider voting on a nominee. mitt romney coming on board today. they will talk about it. no doubt they will be asked about it.

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licensed humana sales agent today. >> melissa: thanks toen for watching. don't move a muscle. here's harris. >> harris: covering breaking news this hour as we await the first white house press briefing since the death of supreme court justice ruth bader ginsberg. and it now appears senate republicans have enough votes to confirm president trump's eventual nominee if they chose to do so even before the election. you are watching "outnumbered overtime." i'm harris faulkner. g.o.p. senator mitt romney, a potential holdout announced today he will not block a vote on whomever president trump nominates. >> the decision to proceed now with president trump's nominee is consistent with history. i came down on the side of the constitution and precedent as i have studied