>> dana: i like to go to the headline meeting. i won't bother you, let me listen one day. >> bill: the hearing continues in one hour. full coverage. thursday is our favorite day. we are looking at friday. >> dana: but now harris faulkner and "the faulkner focus". >> harris: political firestorm rages on as we await day three of the impeachment trial of former president trump. i'm harris faulkner and you are in "the faulkner focus". big show today. house impeachment managers will continue arguing their case today as donald trump's attorneys are gearing up to make their opening arguments later today or tomorrow. now republicans are ripping democrats for leaving out some key details from the former president's speech on january 6th. and also accusing them of hypocrisy on the issue of

incitement. >> democrat members of the congress said there needs to be more unrest in the streets while there was unrest in the streets and somehow that's not incitement? when the president says make your voices heard peaceful eye and patriotically. americans despise. they hate when we spend their money on crazy things. what they mostly hate is the double standard and hypocrisy that the elite in this town get to have. >> harris: let's get to senator josh hawley republican of missouri. great to have you on the program today. the last couple of days america got to see quite a bit. i first want to get your top line thoughts on what we're watching and what you think is to come in the defense of donald trump. >> i think what we're watching is a total kangaroo court. illegitimate proceeding, unconstitutional. if you want to see the proof of that look at what happened last night when senator mike lee pointed out the house managers had misquoted him. tried to get it stricken from the record and there was chaos on the senate floor as senator

leahy first ordered a vote, stopped the vote in the middle because chuck schumer intervened to ask him wait a minute, don't do the vote. total chaos and pandemonium. they're making this up as they go along. it is totally unconstitutional and incredibly selfish on the part of the democrats who are pursuing their own personal political vendetta's here. they need to take seriously their oath of office and focus on the american people not just what pleases the democrats in the moment. this is a total kangaroo trial. >> harris: senator hawley, there has been some strong reaction as you might expect from the other side of the political aisle. let's take a look at that and i'll come right back. >> senator elizabeth warren said yesterday, the republicans who stand with donald trump are his enablers and they must be stopped. hillary clinton tweeted this. if senate republicans fail to convict donald trump it won't be because the facts were with

him or his lawyers mounted a competent defense but the jury includes his co-conspirators. what is your reply? >> it is absolutely absurd and offensive. listen, they have no evidence here that first of all that this trial is constitutional. the constitution doesn't permit them to do what they are trying to do. they are trying to pursue a personal political vendetta against an ex-president. really against 74 million people who voted for him and what you see in the comments of senator warren and people like hillary clinton is they want to silence and write out of american politics half of this country and they're trying to use an illegitimate proceeding to do that. it is totally inappropriate and unconstitutional and it is offensive to the american people. right now my state we can't get enough vaccine to vaccinate the folks in my state. our small businesses are in crisis. this is what the democrats want to do with their times. it is wrong. >> harris: you know, senator hawley, we have that in states

around the union. we're feeling some of what you described on the east coast as well. i do want to just get to this real quickly. abc correspondent terry moran said this, watch. >> he has the republican party as a personalized power like we haven't seen. a caesar, furor. we don't see that in this country. we do now. >> harris: is the republican party belonging solely to donald trump, senator hawley? >> that's absurd. the republican party belongs to the voters, the people who sent us here. that's who i'm accountable to. i've taken an oath to uphold the constitution and serve the people of my state. i notice that he used the word furor, of course, the media can't go one second the left wing media without comparing republican voters to nazis and president trump to hitler. talk about offensive and disguntion. it shows you that's what this kangaroo court is about trying

to delegitimize half the american electorate while americans are suffering in the depths of a pandemic. the democrats are pursuing a personal political vendetta and they will have to be accountable for it at the polls. >> harris: interesting to hear everybody talking the way that they are with the rhetoric and the offensive rhetoric you just mentioned and calling that out. i just wonder what is just the temperature in the room? how are you all going to get together and do legislation for the american people if it looks like this? a real quick answer and we'll move on. >> i don't know. right now the problems is the democrats don't sem interested in doing anything for the american people and not helping at all. i think that's why people in my state are so upset. >> harris: that's not how president joe biden said it was going to be. let's get to this. a growing number of republicans are stomping at swalwell's role as a house impeachment manager given the scandal over his past

relationship with a suspected chinese spy. your colleague senator rand paul tweeted this. this afternoon we have been lectured two by eric swalwell a guy accused of consorting with a chinese spy. how appropriate. senator hawley. your reaction. >> i will say that it's an awfully aggressive and in your face move by the house democrats to send somebody who is apparently the subject of an espionage investigation or was who is tied up in a chinese espionage ring. the reports are they infiltrated his office and still sitting on the intelligence committee. nancy pelosi won't take any action against him and now impeachment manager. it goes to show this is a kangaroo proceeding. these folks have no respect for the senate, no respect for the impeachment trial that is supposed to go on. john roberts is supposed to be here. instead we have pat leahy in the chair making it up as he goes along. the whole thing is a sham and is disgrace and time for it to

end. >> harris: one more on that and i want to get to the incident that happened at your home. i just want to fact check something because senator hawley, people are saying you are sitting apart from everybody else during these proceedings. you are up in kind of another section and i know some of your fellow republicans have said when they watch the videos that they've seen the last couple of days they cry. what has been your reaction and why are you seated apart if that's the case? >> well, i'm sitting where senators are allowed and designated to sit and been there for the entire trial, harris, with my notes, with my briefs, and i will continue to be and in terms of what we're seeing, what we're seeing is what we lived there and what my staff lived through t. it is horrific. the criminals who did it aurt to be prosecuted by the full measure of the law. nice to hear democrats say the same should happen for everybody who has shot cops and

rioted and burned buildings. if you riot and break the law you are a criminal and should be prosecuted. you don't hear that out of my democrat colleagues for anything other than when it involves donald trump. you will get nothing but condemnation from me for what happened at the capitol on january 6 but it doesn't make the trial any more legitimate than it is. it is totally illegitimate. no basis in the constitution. >> harris: i read your wife's op-ed. senator, she recently filed a criminal complaint after a group of protestors gathered outside your home in the middle of the night shouting through bull horns. we covered it when it happened. your wife was home alone that night with your newborn daughter and writes in an op-ed, you can agree or disagree with my husband's politics and protest at office buildings are both appropriate and protected by the first amendment. but the first amendment also allows states and local governments to protect their

citizens from harassment and to prescribe reasonable times, place and manner restrictions on protests-like events. first of all, so glad everybody is okay in your household. congratulations on the newborn baby. what was your response to your wife putting her thoughts in an op-ed. >> she is a tough woman and was there alone that night. she asked the groups of protestors who screamed and shouting and add them to leave. they came onto the property and came to our door, pounded on the door. shouted come out, come out, come out. she was afraid to move from where she was. eventually police responded. she was there alone with our newborn child. the left engages and excuses this. i haven't heard a word from a senate democrat condemning this behavior and the aggressive

tactics. they went there that night to harass and intimidate. they threatened to come back repeatedly. they said we can come back at any time. the whole purpose was try to intimidate and terrorize my wife. democrats are fine with that so long as it is happening to advance causes they believe in and that's just wrong. >> harris: senator hawley, i know there are some friends among you across the political aisle. i would hope they would reach across in this instance and give you their best. it is tough, the positions that you are all in. thank you for serving in this way and thanks for being on the program. >> thanks for having me. >> harris: the white house set a 100 day goal for getting our children back in the classroom in person. however, critics say it is a joke. after hearing the fine print of the plan whether the white house is moving the goalpost now. plus growing backlash over president biden's immigration policies. multiple lawmakers saying the moves will make the growing

crisis along our southern border much worse. >> we created the tools to end catch and release. in two weeks biden has eliminated those tools. he has taken away from the border patrol the basic tools they need to keep this country safe and that's why you are seeing what you're seeing.

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>> harris: housekeeping here. we want to make a quick correction. we misspelled the last name of abc correspondent terry moran. apologies for the error. >> moving the goalpost. number one he doesn't control the schools. the most he can do is put pressures on school districts. to do that he has to take on the teachers union, a core part of his support base. he doesn't want to do it.

what they did is go out and find what most school districts are already doing and goals are met and say that's the goal so we can claim victory and say we did what we said. they redefined what opening schools mean. >> harris: the cdc is expected to release new guidance tomorrow on reopening our nation's schools. quite frankly we've been waiting for it all week. the white house set a goal to have the majority of america's schools open for in-person learning at least one day per week by the president's 100th day in office. and press secretary jen psaki doubled down on that yesterday. >> certainly we're not planning to celebrate at 100 days if we reach that goal. but we certainly hope to build from that even at 100 days and from there our objective, the president's objective is for all schools to reopen, to stay open, to be open five days a week, for kids to be learning. that's what our focus is on.

this is simply a goal for 100 days. >> harris: dr. nicole saphier joins me now, author of make america healthy again. reading your tweets today on all things vaccine doctor, great to have you on the program today. i want to get to this reopening of schools. jen psaki yesterday at the white house suggested that we read the fine print. none of us had remembered the president saying when he was running oh, what i mean is one day a week in person. how is that a game change or is it? >> harris, i can tell you i have been growing increasingly frustrated over the last week by paying attention to what has been coming out of the white house and the administration. we're saying we're waiting for the reopening tactics on how to safely reopen schools that are supposed to come out tomorrow. guess what, harris, the cdc put those out last summer. the american academy of

pediatrics put forth recommendations last summer and still 2/3 of children across our country started the fall semester in distance remote learning. that number increased to 37% having at least some hybrid in-person exposure. but harris, you are a mother and know that one day a week being in person, that's not enough. so if that's what they're reaching for saying we'll make sure that over 50% of schools are open at least one day a week? we are well past that, harris. that is not good for our children. the goal needs to be full-time in-person. if you look at the research on education access and choice that came out of tulane university. they took data all across the united states looking at a plethora of school districts and they showed when community spread is down with appropriate masking and physical distancing measures it is very safe to keep our children in school and we need to do everything we can to get there and the biden administration right now is not

being aggressive enough. >> harris: it's interesting. there are some private schools, parochial schools that don't have the resources and money of some of the more private schools that remained open for in-person. high compliance of mask wearing and other things they're doing. why one set can do it and another can't? i feel like i say that daily. i'll move to this. almost a year into the pandemic dr. saphier and the cdc is updating its guidance on mask wearing after research found that layering a cloth mask over a surgical mask was effective if slowing down the spread of coronavirus. here is what dr. fauci said on that. >> the recommendation is not that you have to wear it. what the cdc is saying that at minimum wear a mask. one mask at least but if you want to really be sure, get a tighter fit with a second mask. >> harris: where i'm confused here maybe you can clear up the

confusion. don't wear two surgical masks because that creates gaps. you want to have a cloth over a surgical. i mean, i feel like i work in the e.r. now. tell us what to do. >> well, harris, i can say these recommendations are long overdue. you have to just go to the airport, go out in public and see that people are wearing masks inappropriately and wearing insufficient masks. the biggest problem is people are putting masks on their face that don't fit them appropriately. surgical masks are great at filtration but people aren't wearing them tightly fitted. the experiment coincides with data came out since the beginning of the pandemic mask wearing does reduce transmission of the virus if worn appropriately. so what they are saying is filtration effects of that mask is really good but with all the holes on the side it really can only provide about 42% of

decreased viral transmission. and just that single cloth layer mask also is only at about 45%. if you add them together you put the filtration of that surgical mask and the tight fitting of the cloth mask can further decrease the viral transmission to 92.5%. that's pretty incredible. >> harris: when i see doctors like yourself i notice how you have learned professionally how to put the bridge on and the technicalities of all that. most of us don't have that training. the other thing is you have some masks where you can apply a filter in. are those good? >> you know, i actually don't use the filters myself. a lot of people use them and there is some benefit. there is some studies showing benefit but you really don't need them. just need good fitting high-quality mask. a surgical mask that's well fitted. >> harris: you have given it to us and we can practice now.

dr. saphier always great to see you. thank you. the biden administration is rolling back trump's immigration policies and republicans say now he is going too far. the border patrol is reporting a spike in illegal crossings. the power panel weighs in. and this. ♪♪♪ the anthem is back at mavericks games down in dallas. owner mark cuban caved in on his ban after triggering an intense backlash. what led to the about face?

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country illegally. we need to remember this is a major problem and he is simply appeasing his left wing base at the expense of public safety right now. >> harris: president biden is being accused of bending to the left on immigration. his administration is now opening a new tent facility in texas to handle the spike in migrants coming into the united states. the white house says most of them are being turned away until there is a quote, unquote humane process in place. there is also a push by the administration to vaccinate illegal migrants while millions of americans still can't get theirs. they're waiting. you heard senator josh hawley says his state doesn't have enough of the vaccine. former u.n. ambassador nikki haley torched the biden administration in a tweet. biden reinstituted obama's catch and release policy releasing illegal immigrants back into the u.s. illegal immigration has hit

crisis levels overwhelming border patrol facilities and maxing out community resources like covid tests. we should be taking care of our americans first. power panel now. a former director of press advance in the obama white house and host of the podcast pod is a woman. of course pod is a woman. alyssa farah former white house communications director under president trump. allyssa i'll come to you first with your reaction. this is an undoing of what president 45 put into place. >> listen, this is a crisis of the biden administration's own making. they knew what they were signaling to many migrants who may attempt to come into the country when they said we're going to undo catch and release. we're going to stop securing our border. and it signaled to migrants that they can come into our country and they won't be turned away. i would say this. i think governing is coming at joe biden fast because it is

easy to talk about wanting to change our immigration laws trying to change the process. but clearly they aren't ready at the border to deal with the massive influx. it has public health and security implications. >> harris: johanna, i come to this with a little bit of experience, second home in arizona. i remember when president trump and others have been criticized for the tent cities. the ground is so searing in the summertime. you get up into 115 where my home is, 118 degrees. there were so many humanitarian issues that democrats on the left were bringing up. yet they will build back and the president calls it building back better. is that what this is? is this actually better? >> well look, one president didn't get us into this situation. this has been an issue that president bush tried to take on, president obama tried to take on and president trump tried to take on.

unfortunately too many of them had to use executive orders because there has been no action from congress. i really believe this is a humanitarian crisis and we know that all the scientists predict with global warming it could get even worse because more people will have food insecurity and so if we want to take this on in a comprehensive way we need republicans and democrats to look at this holistically and figure out a way in which we're going to make sure that people can stay in other countries and have the security there and that we have an immigration policy that allows people to bring their human capital to america and achieve the american dream so that we all can lift up our country economically but also the world. >> harris: they're not necessarily coming here for security. they want jobs. they want a different type of life and economy. i hear what you are saying in your debate. the national anthem is back at dallas mavericks games. did you know it was gone after

the nba now is requiring the tha* "the star spangled banner" be played before the tip-off. this came after mavericks owner mark cuban had it discontinued triggering a firestorm of criticism. cuban told "the new york times" we're good with it and on espn yesterday he denied they ever really decided not to play it even though they hadn't played it for more than a dozen games. we didn't make that decision but it is not playing. this hardly means the controversy is over. texas lieutenant governor dan patrick is now introducing a bill that would require the anthem to be played in the state of texas to get public funding. >> i think mark cuban realized how wildly unpopular a decision this is. for somebody who toyed with presidential ambitions he realized the national anthem is up there with the pledge of aallegiance where the vast majority of our country supports it being played and games and he realized he really stepped in it with this.

>> harris: johanna. >> president obama, when i was with him, we took pride in the national anthem. we can make progress in america so that all americans can take pride in that national anthem. but i think there is no problem with playing it. i do think it's a little political posturing to introduce legislation to require it. most americans will be on the side exactly what allyssa said, we want the national anthem to play at our sporting events. >> harris: if they get state money that's what the lieutenant governor is talking about. if you want to take the state's money you have to do it the state's way. we'll move. thank you, ladies. president biden is facing a lot of pushback from his executive order on transgender athletes. would twitter ever allow donald trump back on the platform? what one top executive says about the former president's

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>> that particular executive order is a tremendous overreach of the federal government into the states. i will say that. i will also say i do believe that transgender participating in women's sports will destroy women's sports. it will ruin the opportunity for girls to earn scholarships. it will put a glass ceiling back over women that hasn't been there and times i think it's bad for women and women's sports. >> harris: tennessee governor bill lee going after one of president biden's first executive orders which calls on schools not to discriminate based on gender identity including youth sports. critics say the move puts women-born athletes at a

disadvantage if they're forced to compete against transgender students. former u.n. ambassador nikki haley put it this way. the order was framed as a matter of transgender rights. but really it was an attack on women's rights. my next guest is suing the connecticut interscholastic athletic conference over this policy. selena joins me now along with kristin wagner, general counselor at alliance defunding freedom. thank you both for being with me. first of all, you know, i'm curious from a student athlete perspective what that means to you and what you are fighting exactly? >> we're fighting for fairness in women's sports. throughout all corners of high school i was forced to compete against biological males in the girls category, a very frustrating to compete against somebody no matter what you can't beat them because of the

physical advantage they have over you. >> harris: is this something that you have experienced personally? >> this is something i have experienced during all four years of high school and i lost out on the opportunity to qualify for the regional new england meet in 2019 because i was beaten by two biological males. if they were not in the race i could have been able to qualify for the meet. >> harris: i want to -- >> actually over a two-year period these two boys took over 15 state championship titles from otherwise deserving girls. >> harris: kristin, i want to follow up, too. i was going to come to you on this point. you know in part of the pushback or legal defense science has been quoted. how does that work?

what exactly are you saying? >> well feelings can't change reality. while adf has been at the forefront of the issue we're aligned on the left and right that recognizes there are legitimate differences between the sexes. when the law doesn't recognize those differences it is primarily women and girls that take the brunt of that harm. that's what we're seeing in connecticut and the biden order nationalizes that harm. >> harris: selena, when you look at this, these are other students like yourself and i've been reading this is not personal to you, this is your whole career looking ahead. you talked about what you missed out on. >> i lost out on the opportunity to qualify for the new england meet and better placement in other meets. i know there are countless other girls who lost out on state championship titles. it is a very frustrating

experience. we just want fairness restored to our sport. >> harris: what are some of your fellow athletes, your student athletes, selena, saying about how they want things to change? you don't want to hurt members of the lgbtq community. what would you like to see as a remedy to this? >> i think biology should be the reason why the sports are separated and why they have been separated and why title ix because there are biological differences between a man and woman and nothing can be done to change that. >> harris: kristin wagner the general counsel i see you nodding your head. >> she is absolutely right. the science is on our side and we do treat all people with dignity and respect but it is wrong to gut legal protections for women and it is not just about sports. yes, sports have tremendous benefits for girls. we can see that through statistics and how things play

out. 96% of all women ceos played competitive sports. it is more than sports. it is women not having privacy rights in locker rooms and women's shelters. healthcare providers being forced to provide treatment that they believe hurts patients. and it is about the millions of parents and kids who are in the public schools that are now being taught that there aren't any such thing as boys or girls. so we do need to restore fair play to women's sports and recognize that if being equal doesn't mean being identical. there are legitimate reasons to recognize the distinctions and sports is the first and foremost one. >> harris: that 96% of women ceos played competitive sports. that is such a huge number. i have to let you go but i want to give you 10 seconds to answer this. what is the pushback against you? i would imagine there has been. >> i think the pushback against us is simply radical ideology that there is no such thing as

biological distinctions of boys and girls. it is not just about sports. sports seems to be the low hanging fruit. in terms of sports there is no amount of testosterone sup reyants that can stop these differences. americans need to stand up and speak up with the department of education, local communities and school boards across this nation. >> harris: you've given that next question that i always ask the action part. kristin wagner, general counselor and fabulous student athlete and all around wonderful young woman selena, i wish you the best moving forward. thank you for appearing on "the faulkner focus". >> thank you. >> thank you. >> harris: we're looking for ways to look out for other people and student athletes are such a huge part of the journey in the country. all right, let's move on. it has been three weeks since president biden shut down the keystone xl pipeline.

to show his stance on climate change. that's why he says he did it. but for one group of hollywood celebrities, that has not been enough. find out what the activists want next.

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>> harris: to the activists, taking aim at the dakota access pipeline calling on the biden administration to shut it down for good. the demand comes just three weeks after president biden canceled development of the keystone xl pipeline putting americans, thousands of them, out of work. >> this was a political reward for those that supported the biden-harris administration. it is political symbolism. the biggest impact it will have is on the jobs that were going to be created by this particular project. 10,000 construction jobs, 42,000 direct and indirect jobs as a result of this. that's families that are going to be devastated by the decision to pull this permit. >> harris: power panel slides back in. johanna and alisa. the biggest criticism come and came again when jen psaki said

there are temporary jobs. you heard the numbers from the georgia officials. these numbers are huge just from the keystone pipeline. what will president biden going to do the fix it? >> take the advice of actual experts. he won't take the celebrity's advice. he will look at it >> harris: the people on are working on the pipeline are experts and why they were hired to build it. >> 10,000 jobs are temporary. a construction job. over the long term it is less than 50 people who will have mroit. canada is heavily invested in it and they stand to benefit more than we do. there has to be a full and thorough look at our energy security and our jobs but this specific project is only temporary construction jobs and long term we have less than 50 jobs. >> harris: it was temporary but long enough that people were

building houses along the way. we've had some of them on this program. they were building lives. there was a woman about to send her daughter next year off to college. this has a collateral damage effect, alisa. >> yeah. absolutely. joe biden sacrificed american jobs on the altar of the far left in talking about doing it again these celebrities with net worths in the tens of millions of dollars is absurd. in addition to american jobs, we have to think about american energy independence. if you don't want to get bogged down in conflicts in the middle east we need to keep these projects on u.s. soil and keep americans employed. >> harris: tell me about the power of the pen. johanna, i have to look at this. we're north of 53 -- particulars up every day with executive actions and orders. who is this president beholding to, the american people or the far left? we only have 10 seconds. >> absolutely the american people and one more thing i would add is again like this is

canada's pipeline. so if we want energy independence and security, we need to create that as americans and we need americans involved to do it. >> harris: it meant american jobs. >> temporary american jobs. >> harris: thank you very much. day three of the senate impeachment trial begins minutes from now. we'll be back with "outnumbered." if your dry eye symptoms keep coming back, inflammation in your eye might be to blame. looks like a great day for achy, burning eyes

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>> harris: breaking news senate impeachment trial number two is set to resume any moment from now as we begin special. i'm harris faulkner. in arguments from yesterday, setting the team stage for trump's defense team to make their case. depending on how much i'm the prosecutor's use, the defense can begin later today or tomorrow. bringing in "outnumbered" today,

my cohost emily compagno, katie pavlich, former my earlier today made the comment that this >> ari: let me correct you, this is not impeachment trial number two, this is impeachment i wouldn't be surprised if there were more common, that's how it works these days. on the substance of the matter, i don't understand why anybody is saying what they think at this stage. frankly, if you are on trial for something, would anybody say whether you deserve on the prosecution's case? does in the so the coverage of

this is if it's baseball, only one team has will not defend president trump is a of the senators senator thune was one, senator cassidy another, some of the republicans and how hard it was to is your take on all of this? >> kim: thank you, first of all, were hard to watch and so are the videos i saw the country. i am receiving tons of emails and text messages because i

believe a bunch of money on this impeachment trial, this to me as a waste of are talking about this as in such danger and maybe they felt have security there, there are people to protect them, we don't hear about those americans across the country that have been dealing with the riots, like i said, for the past year that don't have protection and security, they don't here we are again ahtisaari said, impeaching a private citizen. what is the point want to quickly follow up, you said both sides are raising money, give me your thoughts on that, how i've been getting a ton of emails from the dnc and rnc, either you are fighting for trump are fighting against trump so i

would be interested to see money has been raised thus far in this impeachment trial. >> harris: we know they typically start on time, we are just shy more than a minute away from the top of when you see the pick up of people going into, i come to, the video yesterday was harrowing especially hearing a number of those rioters chanting "have big questions about not been presented with that footage and details about what happened on january 6 by law enforcement, the capitol police, the washington, d.c., metropolitan police, why they are seeing this video for the first time in a very political setting during

this impeachment trial. given their defense, the trump defense had a very tough time the first the case was presented the first day of this trial. democrats for four years have been trying to impeach the president and they've lost all credibility when it comes to the substance of their argument, they've been watering it couple of things, we see the live looked down at the senate floor and the impeachment trial is set to begin it you mention reports about the president being he spoke with the president, the there has been said there's nothing that he, change the

course of this