evening. president announcing a news conference at the white house at 6:00 p.m. eastern time today. the economy, job gain and the vaccine developments. we'll be watching that. thank you for joining us. "outnumbered" startes right now. >> harris: fox news alert. >> melissa: president trump taking a victory lap after the senate republicans appear to secured enough votes to advance. the president at a packed rally near pittsburgh last night hitting back at democrats pushing to block my nomination prior to the election. he applauded the republicans for handling of the high-stakes issue. watch. >> president trump: we are going to pick an incredible woman, brilliant woman. we have great support from the republican party. tremendous support. never been this unified before. the appointment of a united states supreme court justice.

>> melissa: he is making a choice on saturday at 5:00 p.m. eastern and narrowed the list to five female judges who he calls brilliant, great scholars. this is "outnumbered." i'm melissa francis here today. town hall editor and fox news contributor katie pavlich. attorney and the fox news contributor emily compagno. syndicated radio host and the fox news contributor leslie marshall. joining us today is the former white house press secretary for george w. bush and fox news contributor ari fleischer. what do you think of the messaging from the president on this? he is using it to drive rallies? he has made it appointment viewing to tell the people exactly what time he is going to make that announcement well ahead of time. i guess so we all tune in and watch. what do you think of the artistry on the front? >> ari: i thought the spontaneous crowd bursting in to fill the seat was not notabl.

he knows how to move something through an audience like orchestra leader. the audience gave it right back. "fill that seat." this is a testament to the 2018 election. if you remember the republicans lost the house but they picked up two seats in the senate. that made all the difference in the world. if you lost murkowski they might not have the votes. but they picked up two seats. every democrat voted against kavanaugh was defeated. four incumbent democrats. one that voted for kavanaugh in a republican state was re-elected. the reason it might go through is the 2018 midterm election. >> melissa: either speaking of the votes in particular, senator chris murphy has been critical of the republicans. he says, you know, for backing something they don't know that much about yet. listen to that. katie, i will get your reaction. >> the republican party is just a cult. they will do anything that the

president says. that is proven over and over again. it's exposed in the last few days with the so many republican senators essentially declaring support for the nominee they haven't seen. at some point in the last few weeks i thought maybe it would be easier if republicans confirmed the justice before he or she is named. because it doesn't appear they are that interested in actually hearing the person. >> melissa: katie, the republican party is a cult. as opposed to all the never trumpers out there like mitt romney who has done everything to thwart him. maybe in this case romney said he will listen and open to the idea of a nominee put out. for the record he has not said he will support whoever that is. right? >> katie: correct. mitt romney has said he will not block a vote on the floor. he has not indicated where he would vote yes or no. he will listen to qualifications of the nominee

and make decisions like the others who said they would move forward with the nomination process. when it comes to what the president is doing on saturday you have to remember that the democrats are vilifying the nominee, whoever she may be based on a list that president trump put out before. before they know who it is. they have already said that amy coney barrett is a catholic cult member. they have attacked her religion previously in senate hearings and they have attacked other women on the list before they know if they are nominated. so if you are going to accuse the republicans of knowing someone before they heard from them, the democrats have already attacked the person before they know who it is. to the republicans' credit, they may have decided whether they are going to vote for this person before hearings. because president trump put out a list of the supreme court nominees. he narrowed it down to a woman. they look at the records of the women on the lust and decide for themselves ahead of them whether they are

qualified to sit on the highest court. joe biden has not done the same for the democrats or the american people. despite saying he would do so earlier this year. >> melissa: that is an interesting point, leslie, because in fact joe biden used that viciousness that we have seen from the democrats where they have torn to shreds whoever the candidate was on a personal basis and they have made it really something that you have to decide with you and your family. are you willing to risk everything to go forward, to serve your country and be on the supreme court? it didn't used to be like this. but then joe biden turns around and he uses that as the reasoning for not putting the list out there. that then his people would become subject to this treatment. do you think it's a good idea? or has the president struck on something smart, making at it marketing tool in an election? just so you know ahead of time if you are going to vote for me, here is the menu of judgesly be choosing from. if you like that, let me know and vote for me.

should biden do the same thing. >> leslie: marketing tool on both sides. joe biden putting out a list at this point is futile. one he is not president yet. might be. hopefully for my side he will be. two, looking at the court will be another vacancy soon or in the first four or if he is re-elected eight years of his presidency. but using this as a marketing tool is smart. i got to tell you, the republicans might be united and unified as the president says. but they are not united or unified to listen to the american people. the american people, the latest poll show are united in over 60% saying wait until after the election to put this replacement on the court. half of the republicans are saying that. by the way, we democrats want to thank the republicans, because this put a match under the butt of some voters who may have been apathetic and not going to vote in december. but this is a marketing tool and it is helping to energize and create enthusiasm lacking

for my party on the left toward the biden-harris ticket. and for some of the state races as well. >> melissa: that sounds like good marketing to me. see if it comes true. in the meantime, emily, i want to ask about this. congressman jim jordon pushing a resolution to prevent any party packing the court and limit the bench to the nine justices. the ohio republican writing, "any attempt to increase the number of the justices of the supreme court of the united states or 'pack the court' would undermine the democratic institutions and destroy the credibility of the nation's highest court." the move comes after joe biden refuses to rule out expanding the high court if he wins in november. something a growing number of democrats want to do. if the g.o.p. senators confirm president trump's nominee before inauguration day. so this is what struck me about the story. i need your legal opinion, emily. if jim jordan is saying we will put this in place and

prevent packing the court, can't the same people that will vote to pack the court, vote to overturn whatever it is that jim jordon puts out now? isn't it like in the same basket of things they can work with? >> emily: that is exactly right, melissa. that is partly why "a" we see this legislation every time this subject comes up. including recently with the now justice kavanaugh and also why it is exhausting. it's a waste of everyone's time. now obviously the supreme court has gone through changes throughout the years. but now it's to use leslie's word, it's futile. i think the wsj editorial board was apt to point out that it was a disservice and impediments to the biden campaign right now for the democratic voters that he refuses to address the court-packing attempts and he refuses to name who he might nominate. he is not president yet. but absolutely menu, the suite of the potential nominees would be crucial. as all of us are noting the

importance of the supreme court. we are all talking about everyone collectively that regardless what side you are in, you all find that the court is paramount and trumps a lot of other issues. so if that is true, shouldn't every candidate, confirmed presidential candidate put out who they would nominate? i would like to make a quick point. catholic narrative pushed again as the feinstein's comments are resurrected about the dogma lives loudly within you to judge barrett in the confirmation process. the honorable john t. noonan jr. of the ninth circuit court of appeals that i worked for, he was a strong catholic. edefied being ideologically pigeon-holed. he was responsible for so many decisions that republicans and the democrats lauded. including political persecution for asylum and introducing battered women syndrome as a mitigating factor. i just, i think as an attorney and as a catholic myself i

find it appalling that it has now become another talking point from the left to be used against future justice or the judges right now that their element of faith is some type of impediments and not something that should be accepted and supported. >> leslie: melissa, can i jump in for one second? >> melissa: sure. >> leslie: thank you. two things. as a democrat i consider 6-3 whether it's a liberal or a conservative court packing the court, one. two, if joe biden puts out a list with just one name and the name is michelle obama, republicans will wish they never asked for that list. republicans will lose in the house, the senate and the oval office. >> melissa: okay. okay. ari, i want -- thank you for that. i want to get back to what emily just said because this is something that has been bothered me as well. the dogma comment from dianne feinstein. i am myself am catholic as well, full disclosure.

but i always wonder if you made that exact comment, the dogma lives, speaks from within you -- i don't have it in front of me. i did the other day. about a muslim woman, you would be accused of being xenophobic. if you said it about ruth bader ginsberg or a jewish woman you would be accused of being antisemitic. but it seems like you can say these things about christians and catholics and people go hmmm. is that because they tie it to the issue of abortion? is it because christians are free, you can go after them? or is it because jessica tarlov said the other day she was talking about her putting, you know, the bible ahead of her duty to the law or some such thing. do any of those kind of responses -- why do you think it is you are allowed to attack christians and catholics in that way? >> ari: i can't imagine

being jewish. if i had to testify or up for the united states senate, which i will never be, and someone said something to me about my faith as if it was a disqualifying matter. it would violate the tolerance, the traditions and the norms that are deeply held and important to our country. one of the glue that holds us together as a people. you can be faithful. it's not an issue in politics. yet, it is if you are catholic and it is if you are devout. it's worrisome to me because it's part of the moral decay and lack of respect from people who come from different walks of life in this country. it is a double standard. you do it to christians. you can do it to catholics but you can't do it to >> s, you can't do it to muslims and you can't do it to other minorities but you can to a plurality, the largest religions in the united states. worrisome and a big mistake for the democrats to cross that line of breaching tolerance. senator feinstein did it. what is important is that nobody puts the bible ahead of the law.

it's one thing to be religious in america. that is part of who we are. we are a secular country where the law is what people in the office have to uphold. not the religious tenets. but you don't call somebody out because they hold religious tenets. >> melissa: thank you for clearing that up. new polls showing the race for the white house neck in neck in key states that could decide the election. the impact this could have on both campaigns. 41 days out from that election day. ds of refinancing at today's record low mortgage rates. with newday's va streamline refi, there's no appraisal, no income verification and no out of pocket costs. let newday help you use your va benefits to save $250 a month, that's $3000 a year. one call is all it takes.

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>> katie: new polls show joe biden and president trump deadlocked in several key states 41 days until election day. both are tied at 47% among

likely voters in iowa and georgia. similar story in florida and arizona where likely voters give the president a slight edge. though it falls within the survey's margin of error. in the meantime, many are beginning to speculate how the president's choice for a supreme court nominee could energize voters. politico reports says for some in the political orbit, "the imperative to do anything possible to win the election. and barbara lagoa would be undeniable boon. it might help the president in hispanic heavy arizona and nevada." ari fleischer, interesting to watch momentum of the polling fall on the president's side. i wonder if biden's refusal to campaign in a more traditional fashion starting to catch up with him with 41 days to go. >> ari: i think there is no question the reason that joe biden hit the campaign trail is because nervous democrats told him he had to.

they saw the battleground polls tighten up. but the president is still behind in most of the polls. take iowa. if that is accurate, he won iowa by ten points so being even is not enough. georgia, georgia we won by i believe five points. so being even is not enough. what we know is because of 2016, every one of us has to look at the polls and go this thing tightens. that was the history in 2016. i suspect that is a accurate por telling of what will happen in 2010. so i have said this is a 50/50 race. that continues to be what it looks like. turnout will be through the roof. 2016's turnout, 135 million voters broke all records. we will break that record from 2016. in 2020. i think the supreme court nomination will break it higher. everyone will have incentive to turn out. 50/50 race. >> katie: me lisa, i know

how you feel about polling. i got a text polling from arizona presidential race. i haven't lived in arizona for over a decade. so the polling is questionable. however, what is it about what is happening and joe biden having to explain his positions now that there are big things on the table like supreme court nominee, how he would handle the covid-19 crisis? backing up the arguments he is making against the president ahead of the debate on tuesday. >> melissa: it's interesting. if you heard the ding in the first segment on my phone it was someone for the independent candidates out there trying to get me to answer a poll and trying to get me to do so, because it is so funny. we look how do they get our numbers and what do they read in the information and how accurate is it? they are doing the best they can. it's a difficult science. but in any case, i think that one thing that is really interesting about this is the

further we get away from the heart of the covid crisis. we are obviously still deep in it. i don't want to diminish anything going on right now. but as sort of the meat of it begins to be further behind us and we get our arms around the information and we start to recover a little bit the strategy of joe biden not going out and talking to people. there is less of a justification for it. people start to wonder more why aren't they seeing him more? you see president trump has been out there all of the time. i think it is interesting to watch the judge scenario and the way they approach it. joe biden is not going to put a list forward. i think the reason is if it's too left it will upset one group, if it's too centrist it would upset another. i think that is the real reason. opposed to president seeing the opportunity. when he looks at a cuban american in florida, it proves that he doesn't see hispanics as a monolith the way the

democrat party has. democrats, oh, hispanics are on their side because president trump is a racist or because that he opposes immigration. they don't realize this is a diverse group. cuban americans in florida look for something else. they don't like the democrats because of what happened with joe biden. and president obama's stance. i see others making the same case saying well, the hispanics in arizona, if he picks this judge in florida, hispanics in arizona will support him. why? they are not cubans. that is the same mistake where you say this is all one group. president trump sees all the different nuances and he picks off different groups by recognizing them as, you know, being not part of the larger umbrella. doing the identity politics of you have the same color skin so you have the same beliefs. >> katie: leslie, joe biden needs momentum on his side and he needs enthusiasm. president trump has the enthusiasm on his side. look at what he said about

wisconsin voters in the pitch to them to try to win on election day. >> he said address the camera directly and talk to the voters worried about soccerlism and you raising tax -- socialism and you raising taxes. >> former vice pres. biden: i beat socialists. that is how i got the nomination. do i look like a socialist? look at my career, my whole career. i am not a socialist. >> katie: but leslie, doesn't he need the bernie sanders coalition to win in places like wisconsin when they voted for trump last time? >> leslie: i have to be honest. when i heard that, not him saying i'm not a socialist, but when he said he beat a socialist which we know is bernie sanders who did well in 2016 in wisconsin and has a lot of voters in 2016, 12% that voted for trump or stayed home because of disdain for hillary and love for bernie. we need the people to vote. whether they vote by mailing it in or coming out.

i did cringe a little bit. this is a different year. 2020. not just because of the covid pandemic. i don't believe there are the secret individuals who are afraid to say they were undecided in 2016. and are afraid to support trump. if there is so much enthusiasm for trump how come he is not leading biden by bigger numbers in states like texas, florida, iowa. arizona? if you look at the three states that put him over the line. biden is leading trump in all three. >> melissa: we have breaking news now we want to take you to. louisville police chief is speaking right now. we are expecting to hear whether the officers in the case of breonna taylor are going to be charged in that death. let's listen? >> given the crowd sizes we saw in the early days and what we have seen nationally in protest in other cities we

must take these steps out of abundance of caution to keep this community safe. our hope is people will lawfully and peacefully express themselves. we will not tolerate any violence or destruction of property. let's all be safe and come together and work on the challenges we face as a city and as a nation. thank you. >> thank you, chief. again, we are taking the steps out of an abundance of caution. and our deep hope is we see continuation of the peaceful protests that have largely been the rule in the past several months. i want to also ask again that people be mindful that many times in the past months rumors and the false information spread quickly on social media. and created a lot of the unnecessary worry. so please, base your behavior and the decision on facts and do not participate in the spread of misinformation. the best source for accurate

information on the social media sites, maintained by my office, lmpd and other official louisville government accounts. they are listed in the press release. we urge media to share them. we will update the sites continuously. we continue to support the peaceful lawful efforts to draw attention to the need for racial equity in the city and the country. so that end, i would like to have vincent james, chief of community building share with us some of the efforts the office made. james? >> thank you, mayor. >> melissa: that was mayor greg fisher. what they are trying to do here is encourage calm ahead of this decision. we are going to hear the actual decision about whether or not those officers are going to be charged in the shooting death of breonna taylor. that is coming in the 1:00 hour. what they are trying to do now is get out there and calm the

crowds and prevent something from happening when that decision is reached. in the meantime, president trump highlighting yet another reason whew he says there needs to be nine justices on the bench before the election. why democrats are crying foul. we will talk about that coming up. >> so this idea that when it's at one party, one rule applies and another party, a different rule applies. we have a term for that. it's called "double standard." with oscar mayer deli fresh it's not just a sandwich, far from it. it's a reason to come together. it's a taste of something good. a taste we all could use right now. so let's make the most of it. and make every sandwich count.

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>> president trump: we need nine justices. you need that. with the unsolicited millions of the ballots that they are sending, this is a scam. this is a hoax. everybody knows that. the democrats know it better than anybody else. so you are going to need the nine justices up there. >> melissa: president trump doubling down in the push to

fill the supreme court vacancy warning there needs to be nine justices on the bench ahead of election day to deal with the legal battles that could emerge over the mail-in ballots. there are court challenges and the issues in states across the country with more than 260,000 votes already cast. can you believe that? in the meantime, the f.b.i. security officials warn foreign hackers will look to exploit the additional time to required to announce election results to sow chaos. no kidding. emily, let me start with you and get a legal opinion. we are already seeing a lot of the challenges to rules being changed. we saw it in pennsylvania. a change to the length of time where you can get your ballot postmarked. what do you think of this from a legal perspective? >> emily: right as well, naked ballots and the like. from a legal perspective, trump is right. yes, we need nine justices. here is why.

first of all in the inevitability of the legal battles that will emerge after election season, because it won't be a day. and that we are seeing now. if there are eight and there is a tie, then it goes back automatically to the lore court. the lower court's ruling stands. imagine now important then forum would be. how paramount geographic location where these cases take place will be. imagine it comes out of california supreme court for example. it renders the supreme court moot. word about the 9th circuit. people discuss it and cite it as the ideological bent. trump appointed ten judges to the ninth circuit and the ideological bent has shifted. obama appointed three in seven years. so there is a shift in the country. in addition to the legal

battles that we will see raging that we have started to see raging already, we will see a concurrent messaging battle going on. right? both campaigns are messaging the public's battle going to be playing out as well. so all of that stuff equally important. everyone should roll up the sleeves and be prepared to be probably in the vernacular a violent season for the battles. >> melissa: agreeing with president trump in the sense that, you know, this is, we need the judges. "wall street journal" writing in the on-ed. inventing the behavior by trump as the source of any problem but any election involving any two candidates would descend to legal chaos if the margin is significantly less than the number of the rejected ballots. never mind thornier question of the ballots that should have been rejected. vote in person. it's not more dangerous than going to the grocery store. it will help reduce the scope

for november, december chaos. ari, what do you think about that? telling people go vote in person, it will reduce the chaos. >> ari: 100% right. and safe. the best way to have your vote counted. look, me lisa, i have lived through this. i was a spokesperson for smokes bush in the 2000 campaign. i don't want anybody to go through that again. what we want on election night, whichever candidate wins they win by a sufficiently large margin as trump did in 2016 that there is no reason to go to court. i hope we are not in another cliff hanger close election either direction. "washington post" did a good story about mail-in voting and it concluded that based on all the history and practice, because of the human error, mail-in voting you are three times more likely to have the vote thrown out, rejected than in person voting. people make human errors.

it's not voter suppression and it's not fraud, not a rigged election. it's human error. but you three times more likely to get your vote thrown out. if you want your vote to count, vote in person. as we have been watching and i have been tracking this all summer to fall people have been voting in heavy numbers despite covid. it's turned out to be perfectly safe. there is no outbreaks of the covid result of the elections in which people showed up by the hundreds of the thousands and be the millions in person for the polling place and the primaries. so, yes, vote in person. hope for a big enough win either direction. >> melissa: leslie, i haven't heard democrats say that. if they have said it, i haven't heard it. why is it that the democrats aren't say gog vote in person and it makes it seem like you are afraid of that and feel like you need the mail-in ballots and you need this other extra voting to win. that is the perception. why not say go vote in person?

>> leslie: i adon't agree. the president is saying covid is not as big of a think. go vote. democrat have been saying and leading by the example to say you have to social distance, you got to wear a mask. mail the ballot in. it is a safer option if you are elderly or if you have an underlying health condition. we don't all know if we have underlying health condition. i don't think it speaks to that at all. if you look at the numbers in 2016, mail-in ballots benefited trump. at the time with seniors who he is not doing so well, with biden, another senior running. and absentee ballots with the military. it doesn't raise an eyebrow. it's in line with their

message. democrats don't feel the same with regard to the unproven fraud of mail-in ballots and the information they are putting out there. i agree with ari. democrats and republicans both want a winner on election night by a wide enough margin it doesn't have to go to the courts. >> melissa: katie, you get your turn on the other side. former 2020 democratic presidential candidate michael bloomberg may be in legal trouble. after reportedly raising millions of dollars to pay off the debts of thousands of florida felons. so they can regain the right to vote. ahead of the november election. interesting. details ahead. veterans, record low mortgage rates have just dropped even lower. using their va benefits, veterans who refi at newday can now save $3000 dollars a year with the va streamline refi. at newday there's no income verification, no appraisal,

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that reduces stroke risk-- and bleeding worry--for life. watchman. it's one time. for a lifetime. >> katie: house commissionnary member is warning that former 2020 candidate michael bloomberg could face a criminal probe after reportedly raising $16

million to pay off the fines of the 32,000 convicted felons in florida for them to vote in november. >> i spoke to the attorney general last night and a criminal probe may already be underway. it's a felony for someone to directly or indirectly offer something of value to impact whether or not someone votes. so in this case, you have the question of whether or not paying someone's restitution in court costs constitutes something of the value when you extinguish a liability and improve the balance sheet and improve the net worth. that is something of value. >> this essentials from a -- this stems from a bloomberg memo that reads, "we know to win florida we need to persuade, motivate and add new votes to biden column. this means we need to explore all avenue to find the needed votes when so many votes are already determined." so emily, the law in florida allows felons to vote after

they fully serve the sentences but the law also requires that the felons themselves pay off the fines or any other legal fees they may have. when you have the bloomberg team openly saying we are paying people to vote for biden, that sounds like bribery to me. >> emily: that is what the congressman is arguing and that is why the court here will be so important. it will be up to them to determine whether or not that is a thing of value. word, however, i have spent hundreds of hours in prisons and jail and i feel differently about restoring vote to felons. rough calculation that 24 million convicted felons in this country. i don't agree with them to condemn them to a civic death. there is not enough time in show to go into why fines and obligations are crippling and an example of the budget dysfunction and the bureaucratic bloat in this country. i am all for easing the transition of the felons back in the society and aiding

their reentry. reminder over 10% of those convicted felons are u.s. veterans as well. so for all of us who have bipartisan support to criminal justice reform and the like it behooves all of us to support that reentry and restoring civic benefits to those guys. there are exceptions obviously but i think the courts here will decide that. i'm not going to support condemning them to that kind of civic death. >> katie: melissa, the florida state legislature and the governor also believe felons should have a second chance at voting once they fulfill the obligations. the issue here is whether michael bloomberg is bribing the people paying off the fee and the legal obligation to the state in return for 32,000 votes for joe biden. that is the issue here. >> melissa: right. there is no guarantee, of course, those people will go out and vote for joe biden. what bothers me about this

story anytime you talk about one of the guys you should talk about the larger group. but there are a number of the people who are using their great wealth in order to influence the system, influence politics and influence elections. whether we are talking about michael bloomberg or tom steyer or any of the folks that go out to use the vast wealth. every time you see the situation you want to drill down on the etails. at our heart, our country is supposed to be about a level playing field, one person, one vote. when you see somebody get in there and use a giant mountain of money to influence an election, it's inherently uncomfortable. at the same time it's their money, it is their right. but you have to do it legally and maybe legislators want to look at what the folks are doing to make the appropriate laws to stop them from doing that. those are my thoughts. >> katie: leslie, quickly from the democrat point of

view? >> leslie: i got to be honest. i looked at the law today. i'm not an attorney. i did five minutes in law school. the florida rights registration coalition is part of this and is that what is bloomberg is working. with the problem is not the money. but under the law third degree felony for someone to directly or indirectly provide something of value to impact whether something votes or not. not who they vote for. it's not just the money. but memo that the bloomberg camp put out that could be difficult, frankly, when it comes to trying to help the people pay their fines after they paid debt to society so they can vote this november. >> katie: all right. we're minutes away from the grand jury releasing the report in the breonna taylor case six months after she was fatally shot by police carrying out a no-knock warrant leading to the massive protests. we will take you there live. plus the long-awaited burisma report out on hunter biden's

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>> melissa: two republican-led senate committee releasing interim report saying the work that joe biden's son did in ukraine

constituted conflict of interest for the obama administration while biden was vice president. it claims that hunter biden position on board of a ukrainian gas company was problematic and did interfere in the administration execution of policy. it also stated that the hunter biden formed a relationship with the founder of burisma and that he and his business partner's firms made millions of dollars from that association. the biden campaign immediately slamming the findings saying, "as the coronavirus death toll climbs, ron johnson has wasted months, diverting the senate homeland security and governmental affairs committee away from any oversight of the catastrophically botched federal response to the pandemic." talk about changing the subject. okay. ari, let me take you back to this investigation or this report. i don't, do we need more investigate? it seems clear on the face that this is a conflict of interest. you know, you have the son that is involved in making money in a country where, you

know, you are supposed to be providing oversight. there are a lot of situation like that. the situation in china. making money off a relationship you have when he has no investment experience. the other side would say just because hunter biden makes money doesn't mean that is money for joe biden. is it the appearance? does it matter? do we have the facts we need to decide if it make us feelic i cafeelicky? >> ari: icky is the right word. that is what it makes you feel like. they wanted trump impeach and they acknowledged it's a conflict of interest for joe biden for the son to have the business dealers in ukraine.

we began talking about a double standard. this is also a double standard. where was the press when a sitting vice president had this conflict of interest? biden will get away with this because it he is a democrat. conflict of interest don't interest the press if it's a democrat. it's only if it's a republican. joe biden should have been held to account. at the time it was public his son went on the board and he was a sitting vice president. where was the press then? >> there is a big difference when biden says i did nothing illegal. is there anything illegal here or just the obvious ickiness? >> it's ironic we talk about what constitutes a thing of value earlier in the show. this is a thing of value. the millions of dollars that hunter made and his business

partner. that is a clear conflict of interest. yes, there are illegalities that are associated with that. absolutely. if it's icky there is chances to be a legislative component to that. to answer your question that you just asked ari, the chairman says there remains much work to be done with the report. so as explosive as i find this there is more work to be done and more investigation to be had though i think the two conclusions here to me is game over. >> melissa: leslie, real quick. final word. >> leslie: voters won't care about this. double standard 2016. don't see the supreme court justice until let the president speak. enough president elected in 2020, you flip it around. with regard to burisma and hunter biden that is not what the voters care about. they care about the economy and healthcare that covid part of and now supreme court spot filled. some people are strongly on

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>> melissa: thanks, everyone. now here is harris. >> harris: we begin with a fox news alert as we await a decision on the charges in the breonna taylor case. police in kentucky are bracing for more protests in response to whatever it will be today. "outnumbered overtime" now. i'm harris faulkner. just a few minutes, a grand jury is expected to present its findings on the death of 26-year-old breonna taylor to a judge. taylor was shot and killed by louisville police officers who entered her home in march. while serving a no-knock warrant. the shooting fueled widespread protests nationwide in wake of the deaths of other african-americans at the hands of police. one officer was fired in coon