27 million fans per week, messages of gratitude continued to roll in. harris, back to you. >> harris: wow, beautiful. thanks for putting that together. it's good to see you, always. and thank you for watching today. it's top of the noon hour on the east. time for "outnumbered." >> harris: let's begin with a fox news alert, the feds are now reporting on a case in new york, the nursing home scandal. the fbi and u.s. attorneys offices were investigating governor cuomo and senior members of his coronavirus task force over claims they covered up the covid-19 deaths at those facilities. all of this as calls grow louder from members of both political parties for the governors resignation or impeachment. and now one of his most vocal democratic critics says the

governor bullied him and threatened to destroy him. new york city mayor bill de blasio didn't sound too surprised by that accusation and background can. >> it's a sad thing to say, but that's classic andrew cuomo. a lot of people in new york state have received those phone calls. you know, the bullying is nothing, i believe him and it's very, very sad. no person who is telling the truth should be treated that way, but yeah, the belittling, the demand that someone change their statement right that moment, many, many times i have heard that and i know a lot of other people have heard that. >> harris: you're watching "outnumbered," i'm harris faulkner. today, my cohost emily compagno, dagen mcdowell composed of "no interruption" on fox nation, tomi lahren and the virtual

center seat on the couch until we can be there together, joe concha. media and politics columnist for "the hill" and fox news contributor. great to see you. joe, i begin with you. you don't have to focus on new york, a lot of people were focused on its governor ahead of the pandemic and look at this now. >> joe: look at this now, now the feds actually investigating. this is a story that probably fox news viewers or those who read "the new york post" that, this is not very surprising. we've been talking about the situation as far as nursing homes for some time and obviously, last week, not a he said, she said situation, one of cuomo's own aides did say there was a cover-up, around 9,000 more deaths in nursing homes than we originally knew. we always hear these comparisons between the cuomo family and vicor leone family , the movie "godfather," which

was made well after you guys were born but in this case, andrew cuomo, he is sunny. he is the bully, because remember, this is the same governor who wants that if president trump, if he ever saw him, when trump was president, he would physically assault him. he also said if trump ever came to new york as president he would need an army to protect him, do we remember that, so it doesn't matter, because ron kim is a democrat and he says he has the phone messages and the phone calls to prove it, but again, governor cuomo for months resisted calls for an independent investigation into the nursing home situation and got away with it because most of the media, if not all, not interested in pursuing the story because it was inconvenient to do so. the bottom line was there was a narrative to push. governor cuomo was the hero, trump or ron desantis is the villain. for those only speaking up about

this now, i think you started this term a couple weeks ago, take two seats. don't want to hear from you now if you didn't talk about this. >> harris: i did say that. dagen mcdowell, let's talk about the numbers and all of this and why someone would cover this up. wouldn't it be because you knew the feds were going to look at you and you wanted your numbers to look better? we know for cuomo's people around him it was because the trump administration wanted to take a closer look and that's why, but those are some big numbers. you were off by thousands. >> dagen: part of it is ego, part of it is cuomo's complete inability to admit any wrongdoing. he is remorseless. in fact, he is vindictive. he went after janice dean, he sent one of his goons on a flunky. and, as a party, they told

janice dean's sister-in-law, get a life and a clue and said to our own janice dean, not a credible source on anything except the weather. andrew cuomo is a pathological liar. evil, abusive bully. a man who had a hand in killing more than 15,000 elderly people in new york and had no remorse, could not apologize, and has been vindictive about it. i'm glad the pylon is starting. i'm glad people on his side of the aisle are standing up against this man, but the problem was, admitting that you had a hand by putting your name on the nursing home order, that wouldn't really burnish his image of the one part of the cuomo b6 show, it wouldn't have sold him a book about leadership, or maybe it wouldn't have won be me if he

admitted how many people died because of that order. what i wanted to point out, they stonewalled repeated requests. this is before the justice department investigation began. repeated requests from lawmakers, from the media, from the ap, from grieving families, for a full accounting of those nursing home deaths. he even fought a freedom of information lawsuit filed by the information center, and we knew because of janice dean's reporting at the end of last year, that the cuomo administration had not provided the information requested by the justice department. he is a liar, he is a evil monster. >> harris: you know, i will always wonder, what was the tipping point for some of these people behind-the-scenes? you know, in particular, that aide who was kind of may be massaged, what happened a little bit more on what happened with the cover up, who knows.

maybe there was some strong-arming with that, who knows. but i wonder what the tipping point was for them, or if it was a crisis of conscience. >> tomi: i think they realized they couldn't cover it up anymore and they were worried about themselves. a few things here, people like me for over a year have been talking about reopening america, reopening businesses. those who criticized andrew cuomo were told that we wanted elderly people to die, so this is very ironic considering cuomo now has blood on his hands quite literally. i want to hear from joe biden, it's great there's going to be an investigation. i want to hear from the president because we all know if this happened on trump's watch, that will now probably press on this every day he is asked to make a statement. joe biden did a town hall wherein anderson cooper didn't press him on this. this is a major governor from a major stage, a big democrat.

joe biden needs to be talking about it and he needs to also be holding cuomo to his administration accountable. another thing here as we talk ts about the other day, new york doesn't have a recall option for their governor. that needs to be changed immediately. will it happen fast enough to get rid of cuomo? not likely. but it sends a message to governors who are larger than life, other tyrants and elected positions, you need to make sure the constituents of these people have the option to recall and immediately his emergency powers should be recalled. there's a lot of things that can happen here. it's great people are talking about it but action needs to be taken, not just talk or investigation. >> harris: to your point, there are things that democrats that i've talked to want to do more immediately that they can do, and taking away coronavirus emergency powers would certainly be among that. i want to talk to you, all that we said today, we don't hear a

lot of that allegedly, is that because legally, we can stick that word in there but legally, the buck stops at this governor. all we are doing is unpacking, who wrote the policy, who did what, when. we know the numbers were fudged. his own attorney general told us that, so where does the law fall here? >> emily: i love the word "allegedly" because it provides the speaker with some protection. the buck stops at the governor but i would like to talk about the shield which he provided immunity to himself and many in hospitals and nursing homes. let's back up a little bit and dig deeper for a second. it provides extraordinary protection, harris. we know it carves out exceptions for criminal misconduct, intentional infliction of emotional harm but it says specifically that any decisions, acts of omissions on the base of staffing or resource shortages does not fall under those categories, meaning it set up a defense for the governors, his

advisors, his cabinet members and the nursing homes. every player in there, for them to say the resources were defeated. i was short-staffed and that provides a defense. we know he snuck in that community liability and we know that the greater new york hospital association donated $1 million to his primary campaign in 2018. i will just close briefly, reminding viewers that last july he threatened to sue the trump administration for what he said was abusing government resources for political advancement. hello pot, meat cattle. >> harris: is there a crime in any of that? >> emily: absolutely, civil and criminal, yes. >> harris: we will move on. the deadly and devastating winter storm in texas is now reigniting the debate over clean energy and its role in the catastrophe that has left more than 3 million people without power, at one point.

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>> emily: welcome back. as hundreds of thousands of people are still without power

around texas, more than 2,000 people are now dead because of the bitter cold around the country and the massive power outage is sparked by the storm are reigniting the debate over green energy. the blame game is in full swing. some on the left say freezing natural gas pipelines are the reason for the disaster but "the wall street journal" editorial board rights, and electricity -- needs baseload power to other surges and demand. natural gas is crucial but it also isn't as reliable as nuclear and coal power. politicians and regulators don't want to admit this because they've been taking them off like to please the lord's of climate change. earlier this month, he suggested the government targeted ordinary people to curb emissions. >> 60% of emissions come from residential heating and

passenger vehicles. 60% of car emissions that need to be reduced come from you, the person of three, the senior on fixed income, there is no bad guy left, at least in massachusetts, to point a finger at, turned the screws on and break their will so they stop admitting. that is you, we have to break your whale? >> emily: joe, i would like to start with you here. talking about social media here, the media always oversimplifies and blacks and whites of these issues to something similar, side-oriented. your thoughts on that? >> joe: emily, it's picking aside. the root against this side. we're going to have heroes and villains, like i talked about last block, instead of reporting the facts while people are suffering and need information in these situations. the politicization of this is

nauseating. at least three dozen people are dead in texas. i read a story today about a young family, people in their 20s, they are living in their truck right now because it is too cold in their house and they have a 4-day-old baby. it's a crisis down there. there is water issues that are emerging now at certain medical facilities where jobs are being brought in for hospital staff to wash their hands because the water situation is so dire. i hate the fact that every time this happens we get a never let a crisis go to waste situation where you hear from politicians saying if we pass the unique green new deal than all these problems go away. it's not that simple, and the bottom line is, gas and coal hold up better in these conditions manned wind turbines. the answer appears to be yes, for whatever reason we are having a debate about this instead of informing the public on how they can be protecting themselves, and finding resources to get through this horrible situation that is only

going to get worse because now there is another storm on the way. >> emily: to joe's point, while the politicians are playing the blame game, it's affecting the agricultural industry in texas and so many more. >> dagen: i just want to point out too, everybody is feeling for something they don't speak about and i don't think we talk about food insecurity enough. there were people that were on the brink of personal disaster before this happened. is fema coming? i know we've got a whole lot of national guard around the u.s. capital, can we get the national guard in there? i mean, we need help now. this has been going on, even when the heat comes back on, the pipes in different places are bursting and i'm not just talking about homes, i mean bigger structures that normally would support in all of this. it's too early and too late for blame. we needed our systems, as will cain told me last hour, who was

coming live on "faulkner focus," he said from texas, we needed the systems that would be the rescue right now to be upheld. if it were oil, natural gas, whatever. we need those systems to be better weatherized and taking care of. and isn't it true, as "the wall street journal" editorial board has said, that a lot of the money that might have gone to those things was now turning its direction to green renewables like wind, we saw the pictures of the frozen wind turbine. we've got to do it all. and now that it all is not working well enough, then we need all of the people to come. so whether it's republicans, democrats, whoever hasn't come up to a brilliant idea to bring us some help, come up with it now because you're not just going to need it today, you're going to need it next week. >> emily: in these massive spikes of demand in these

extreme weather situations, the reliable source of baseline energy is fossil fuels? >> tomi: a decision should be made on what's best for the people. those who worship climate change think whatever decision needs to be made based on the warm fuzzies of john kerry and al gore but that is just not the case. i tell you this, i grew up in south dakota. we have below freezing temperatures all the time, six months a year even we go through these winter storms and we are able to handle it so i look at places like texas and right here in nashville, tennessee, we are under the same kind of conditions, thankfully not as bad as texas, but my roads haven't been plowed, we've been stuck in our homes. thank goodness we still have power but we also need action and our leaders. why are we not prepared for this? why was this not budgeted? that seems to happen every year, so we need to make sure we are prepared to keep people alive, safe, and healthy. not bow to the climate lords. if fossil fuels are the answer we need to be using fossil

fuels, and of day, that's it. >> emily: safety for americans first. new developments in the scandals in the anti-trump group the lincoln project that has been accused of covering for a predator. now another cofounder is coming forward about the organization. and the new moves the the -- is taking to save american traditions like the pledge of allegiance in schools. enough, crohn's! for adults with moderate to severe crohn's or ulcerative colitis... stelara® can provide relief and is the only approved medication to reduce inflammation on and below the surface of the intestine in uc. you, getting on that flight? back off, uc! stelara® may increase your risk of infections, some serious, and cancer. before treatment, get tested for tb. tell your doctor if you have an infection... flu-like symptoms, sores, new skin growths, have had cancer, or if you need a vaccine. pres, a rare, potentially fatal brain condition,

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group and tweeted "the lying has to stop." he stepped down as the senior advisor to the lincoln project last week says it's time for the group to shut it down. tomi, come to you. >> tomi: i don't understand why this group is still in existence anyway. they are an anti-trump group, you think they had their way, move on. the media should be covering this more. if it was a pro-trump group we know they would be covering it at length, but the fact is the group should be dissolved. it's the best thing for them. if they want to go out and have another anti-trump, anti-american cause, so be it but we need answers, we need answers for the victims, we need the truth but at the end of the day i think this group is beyond repair. they need to move on i fess up to what they've done and give the people and families the justice they deserve and the transparency they deserve. >> harris: i love that you brought up the victims, more than 20 of them, that always

seems to get lost, doesn't it? but that is at the core of all of this. the lincoln situation was sitting on a potential that somebody might have known about the situation with john weaver. >> joe: according to several reports, the situation with john weaver was known by leaders like george conway. you have to go all the way back to march when they were first warned about this or june. i'm confused, is joe conway talking about an investigation into himself? the same george conway who is a shoo-in for father and husband of the year award, no question about that. this is the same guy who says the lying has to stop. on national television he said he really didn't know john weaver. that's interesting, you raised $90 million with the guy for the project you cofounded with him, you collaborated on an op-ed for "the new york times" with him which takes a little bit of work and probably something where you have to get to know the guy, so he is probably the last guy,

they were warned about john weaver and the victims as young as 14 years old and they didn't do anything last year about it because the money that was coming in, $90 million total and $50 million of it went to firms controlled by leaders of the lincoln project. get a grip, i guess, harris. >> harris: msnbc host nicole wallace who has previously worked with some of the lincoln project's cofounders has recently been ignoring the scandal after she spent months praising the group's work. >> let me translate this for anybody at home, they are opening up the secret of republicans on the campaign and putting them to use to defeat a republican president. >> i know a lot of the folks involved in these efforts, i've worked alongside a lot of them, john mccain and george w. bush, and i think most democrats would concede that this is a group whose acumen is in the league of its own.

you were one of the people who turned this into the structural race that it is. >> harris: they are in a league in their own, we believe, that's for sure. dagan? b3 they are in the game of nicole wallace and the rest of them of coddling and covering up for people who suit you, politically. as long as you would come on tv and say nasty things about donald trump and his supporters, by the way, don't forget the incredulous demo that rick wilson yelped it up about on cnn. there was a space for you on those networks despite the fact that it was common knowledge about the problems with john weaver and that, i will just point out what meghan mccain said just a few days ago. i've been hesitant to comment but since my deceased father keeps getting invoked, i will say this, john weaver and steve

schmidt were so despised by my dad, he made a point to ban them from his funeral. no mccain since 2008 would have -- if they were on fire. if you knew there were problems, why would you book them? again, anti-trump. this is exactly about how harvey weinstein and his rape and torture of women and destruction of women's lives was covered up by the media for decades, because again, money, power, liberal credit, maybe give you a little financial help if you needed it. it's the same problem and really appalling that it hasn't changed. >> harris: emily? >> emily: and talking about legal liability, to be clear, this group is not a campaign, as they have said they thought they were, it's a super pac and a super pac -- exactly. and they are held to thus a

stricter set of standards, legally, financially and ethically but also subject to a higher amount of transparency and accounting, and this is the important part. by maintaining that it sets up that they had no intent, oh, we are so sorry, i didn't know, we ballooned so quickly, now we get it, and it also set up the legal defense because make no mistake, they know how many lawsuits are headed their way. be when i can't imagine how you spontaneously call yourself a campaign. anyway, the pledge of allegiance and the national anthem facing some obstacles recently. now lawmakers are taking action with what seems to be a growing battle to protect american tradition. we will be back. plus, with many restaurants and businesses going out of business we know all over the country, particularly in new york city where they want you to dance, or

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flag, the stars and stripes, we all know it means a lot to me. i don't like the idea of passing laws to fix the problem because i think the problem goes much deeper than this. we need to go to families, we need to go to communities and understand why we are playing this song and we are not saluting the flag to begin with? why is there such resentment to the symbols of patriotism, the symbols of our national pride? that is why i would rather go with it and i would rather route at the teachers and administrators and school board members that are advocating against "the star-spangled banner," talk about how oppressive it is in really brainwash their students and believing the students are oppressive. i would rather go there and have the discussion, i would rather have parents pipe up and talk about the importance of these symbols rather than passing laws because at the end of the day it is going to be a squabble back and forth. we've got to go to the root of the issue, keep patriotism at home first and bring it back into schools, that is my opinion. >> emily: great point. joe concha? >> joe: i can't believe we

even have to concentrate on the stuff, we've got to protect the national anthem, protect the national allegiance, meanwhile, what happened in san francisco recently? we had several schools renamed lincoln high school, jefferson elementary, these are things our educators are focused on? i've got kids that are 5 and 7, i think i am in a very good school system, i hope i am, that's why i moved here, but we need to refocus what our kids are being educated on. how to handle credit when they go to college because a lot of them ruin it, they don't understand how it works, and savings for retirement, the opioid problem that has exploded. thank you. 2019, it got infinitely worse during the pandemic and social media bullying. i hear more stories about that than anything else and we need to educate our kids on those things more and concentrate on this fluff a heck a lot less. >> emily: to tomi's point, i have a friend who every sunday brings their kid outside on

their branch and they say the pledge of allegiance together on instagram, but is that enough when you go out into the community, they are prevented from ever saying it alongside their fellow citizens? >> harris: look, i'm raising children and i can tell you that what you do at home should be, it always in my household is, more important than whatever the heck the world has decided it wants to do. you can be in the world but not of it, that's what i teach them. go your own course. my children have this in their beings in their heart, they are patriots, their father served. excuse me, their grandfather served, god bless him. i thought i was going to have to put something on my feet from all the microphones that were being broken and dropped by tomi and joe. you nailed it. to get with those teachers, absolutely and i believe all day long that what we teach those we love is far more going to

indemnify them to all the stupid stuff that is out there. >> dagen: so many parents having their children trampled by the teachers unions refusing to get back to in-classroom learning, will choose, continue to educate their kids in the home, school their children in the home or with smaller groups, micro-schooling, or send them to private schools because that way they continue to learn and express the values that they learned initially in the home. as for mark cuban, the nba saved his butt by saying the national anthem would be played at all nba games because that dude misread his audience. he is in texas and some people might be okay with folks protesting during the national anthem, that is your freedom of expression, if you will, but they are not okay at not playing the anthem at all and what was going to happen is

first time the arena is full of folks, all those texans, no anthem plays, they would have sung it and the only thing bigger than their hair in texas are their lungs. >> harris: they are shouting now. >> emily: all right, coming up, another pc firestorm in hollywood. kendall jenner is now being accused of cultural appropriation for launching a tequila brand. plus, with restaurants and businesses going out of business, thousands out of work and many more fleeing new york city, mayor de blasio is bringing dancing back to the street. that story just ahead. ♪ ♪

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>> joe: a war of words erupted between democrats. governor andrew cuomo -- threatened him, new york city's mayor calling him a bully and now a federal investigation into new york nursing home deaths. we've got it all covered for you. did windmills call power problems? the green advocates say no but the real story is more

complicated. and why did california fare no better than florida which was fully open? i'm john roberts. join sandra smith and me for "america reports" at the top of the hour. >> just a small sampling of what it's going to be like to have culture out in the streets of this city. >> harris: bill de blasio unveiling a new culture program for artists who show off their talents at more than 100 locations. critics are calling out his priorities as businesses continue to suffer and more people move out of new york city. commentator dave rubin tweeted this, nyc is now portlandia. if you haven't already, you must flee as soon as possible. and young americans for liberty tweeted, bill de blasio has utterly destroyed new york city

businesses and forced people out of the city in droves and his solution is a government-funded dance party? joe concha. >> joe: we are governed by children. there's not really much else to add to that. >> harris: don't insult my children! b5 mine too, right? a new report from the new york city hospitality alliance. 92% of the city's restaurants couldn't make rent in december. it likely got worse in january. the weather around here has been horrific. outdoor dining, that's out. again, "saturday night live" allows in studio audiences going back to last fall, so bill de blasio, you say he is the worst mayor in new york history, i think he is the worst mayor in history regardless of town or city. he can't leave office soon enough, nothing to add. >> harris: why do you think it's important for us to watch what's going on in new york and new york city in particular customer just across the

country, there is a great deal of interest and i'm wondering if there is some wisdom behind watching it all? >> dagen: it's -- well, i would say new york, horribly so, dictates a lot of the ideas and policy expressed by liberals and left-wing leaders in other states and cities. i think, like we talk about, i don't talk about cuomo and how he handled the covid pandemic, that was a disaster and what kind of affect did he have on other governors and other left-wing states? people in this country love to come to new york and they love to come visit and it is for the theater, it is for broadway, it is for the ballet and the symphony. it's for all of that, but this is not going to bring back paid entertainment and performers, that is where he is kind of

sitting on those individuals, if you will. by the way, dancing, that is the only clean piece of pavement not covered in some sort of in all of new york city and i can tell you that with some conviction, having lived here, to get people vaccinated, get these businesses open. we don't need this street art. >> harris: emily. >> emily: you know that i have been a dancer since i was 3, i will always support dancers but i have to make this point that the professional dancers put out there in response to this, broadway contributes almost $12 billion to the economy in new york. that's the tourism, the shows, the theaters, and it's responsible for 87,000 jobs and $500 million in taxes for the city. here that the mayor is implying that this is a hobby, street art, let's get it back, it's just quite frankly a huge

offense to everyone in that industry that lives and breathes and dies for the art in addition to it being their livelihood. >> harris: i think it's interesting that he takes credit for dancing in the street. i realize i'm very old to remember the song but i guess i'm also very old to remember the traditions of the street dancers in the subway and on the streets of new york. de blasio certainly didn't create this. by the way, he needs to put his mask on. he's wearing it there, not there. >> tomi: he's got such a desire to be hip. this is his best attempt at being in tune with pop culture or something. quite frankly, it's embarrassing to watch but i would encourage these new yorkers to dance their way into restaurants and open those suckers up so they can enjoy the culture of making money, wouldn't that be great? if we need a dance performance to bring something back, let's dance in restaurants, retail stores. maybe then de blasio would feel like he is the leader he thinks he is and he can be hip and culturally sound and we can

get back to work, amen. >> harris: if we could get there one day without saying the word "welcome." >> joe: wasn't that the most awkward music video in mtv history? i guess there are a couple "dancing in the streets." >> harris: you're smarter than i am on that. kendall jenner's move to launch a tequila brand getting a better reaction from some on social media accusing her of cultural appropriation. is that fair? back in a moment. and your family he bank u real piece of mind. refiplus from newday usa can make it happen. refiplus lets you refinance at the lowest mortgage rates in history plus get an average of $50,000 cash for the financial security you and your family deserve. refiplus, only from newday usa.

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out with her own tequila brand, what's next on the kendall jenner colonization list? but there was no issue with other particular brands with george clooney selling the brand he started for $1 billion in 2017. a billion dollars worth of tequila sounds like heaven but what do you make of this? >> same thing with john paul dig oreo. i think his parents were italian and greek and he founded petrone. people pick on the kardashians when they want attention. it's like showing body parts that the world should not see on instagram. so you go after kendall or kylie or kim or chloe, or what's the other ones name? that's how you get attention. trump is gone and so taking on nameless conservatives is not going to basically pick get people to pay attention to what they are saying so you have to

go after one of the kardashians. i do think this is a sign that the tequila craze is over. >> so that jenner kardashian family, this is one of the long list of accusations against them in that, a culturally appropriate million different lines that they want all the time. >> jealousies speaks very loudly. but let's be honest. if they will be launching any type of tequila line now, they are in an era where the council culture mob is so empowered that they feel like they can pile on people and it's like a game for them. they feel like twitter warriors on a cause to ruin people's lives and careers and businesses. they've been empowered to do this by the left and as i tweeted earlier, soon enough the left will start canceling itself and we are just going to have to sit back here and watch this because pretty soon there will be none of them left either.

again it will be pretty interesting when you have nothing to watch, nothing to read it, nothing to drink because it will all be offensive to someone. >> you can always come to my house and he passed out. joe concha, it's interesting that the argument against this is a cultural proper, can appropriate take stations, billionaires coming in and touching up the mom-and-pop tequila brands because with her name recognition that's the george clooney effect where she could sell for a billion dollars two years from now. >> in the kardashians are clearly in need of money as we all know. i will take this opportunity being on national television to announce my new brand, i'll be a billionaire within a couple of months i think because if justin timberlake can do it and nick jonas can do it, i can do it, too. >> if that sounds delicious. and you now just pop a lime in that with some salt on the rim. >> lime is for wimps. >> i mean, so i've read.

>> have it neat, harris. [laughs] >> thank you everyone for a great conversation as always, thanks to you for watching and now here is "america reports." >> sandra: this is a fox news alert, the fbi and u.s. attorney's office in brooklyn are now reportedly investigating new york governor andrew cuomo and his senior aides over claims that they covered up covid deaths in nursing homes in this state. meanwhile senate republicans on the judiciary committee are also calling for a congressional investigation into how he handled nursing home deaths in his state. the story seems to be changing quickly. thank you for joining us everyone. hello, i'm sandra smith. >> i'm john roberts in a snow way washington, d.c. welcome to another edition of america reports. new york's governor insists there is nothing to investigate but there are growing calls from lawmakers on both sides of the aisle to strip governor cuomo of his emergency