>> ♪ ♪ >> harris: this is "outnumbered." i am harris faulkner with emily compagno and kayleigh mcenany. joining us kennedy and congressman doug collins of georgia is with us for the first time on the couch. it's a special monday. >> it's a great monday. >> all right. the high stakes mid-terms

elections 8 days away. it appears president biden is on the sidelines or in delaware. even some of the candidates in blue states are locked in tight races. control from the senate could come down to a few key match ups. president biden said the mid-term elections are the most important in our lifetime, he spent the weekend at home in delaware. he did go out to do early voting on saturday. there is are no competitive congressional races this cycle. his former boss barack obama is on the campaign trail and making commercials and came out swinging at the gop. >> i have to speak the truth, which is these days just about every republican politician seems obsessed with 2 things: let's own the libs.

and getting donald trump's approval. that's their agenda. they are not interested in solving problems. they are interested in making you angry and finding somebody to blame. they are hoping that will distract you from the fact they don't have answers of their own. your vote will make a difference. that's why republicans are working so hard to stop you. >> hmmm. republican national committee chair one of those republicans told me on the "focus" hoping obama can salvage things looks like desperation. >> it's evident they are not putting biden on the campaign trail. the candidates don't want to be with biden. his approval rating is record low. tim ryan and warnock don't want to be seen with him.

nobody wants biden in their state. he is stuck in delaware. they are pulling out the relic of obama and hope that lifts their chances. >> one state that could use help. the numbers for stacey abrams. she is getting farther away from kemp. >> as much as she can. it's falling away. the coattails for obama in georgia are not that long. they have nothing else. biden won't help anybody in georgia or across the country. abrams who was a polished and focussed politician lost it recently. she will get beat. there is nothing democrats can do to help her. >> you heard ronna, they don't want to be near him. there are a lot of policy reasons that may be true, but

this is not helping. biden claimed there were how many states? let's watch. >> [laughing]. >> still determined to eliminate the affordable care act. that's why they were defeated in 2018 and we went to 54 states. >> [laughing]. >> back to the future. maybe we will go to 54. the issue here is that because it's so dire for the democratic party, they see he is the largest liability. there is not wiggle room anymore to let this president have those gaffes and for voters to laugh it off. there is nothing laughablear sky rocket ing crime and defending

police and people have to make a choice between heating their homes or paying for grocery bills. obama suffered the worst mid term shellacing in 2010. the reality is the democrats won't turnout. all day long we are working to put food on our table and educate our kids and secure the border. we are seeing all of those stripped away. it's not us working hard to prevent the democrats from succeeding. they never worked on behalf of us. >> i don't think former president obama is that effective of a campaigner.

he is outdated. what was attractive with him in 2008, we are in such different landscapes now. he seems out of his depth. he was on stage attacking the straw band. where is the tin man? [imitating his speech]. >> you saw him get heckled. >> they want to talk about cutting taxes and spending if they are smart. it's not hard to come up with a plan opposite of where we are right now. they overspent and flooded the economy with too much money and devalued the dollar in the process. we have sky high inflation. the solutions that democrats are talking about is just throwing more money at problems including student loan debt relief. >> i don't know if you heard marie harpe was on last hour.

she listed what you listed as good things. kennedy says they are not good things. >> unless you are one of the 66% of people across the country who don't have a college degree. you are on the hook for paying for people who made choices. that is not a good thing. if it were a great plan, congress would have passed it. >> there you go. talk about being that voice in the white house now for the president. >> interesting. >> can you imagine being karine-jean pierre? >> yes, i can't. over the weekend i asked our team to put this together. i saw karine-jean pierre make a comment having to defend why her boss is not the head of the party out there campaigning for the party and why it's president obama. she is currently in office and has to say biden's talking points. it made me think of jen psaki

the prior press secretary am a tale of two press secretaries. >> the former president making this case and not the current president? >> i would disagree with that characterization of your question. the president has been talking about this almost every day for months now. he's been talking about the choices that are at stake here. >> democrats if the election is about who is the most extreme, they will win. if it's a referendum on the president they will lose and they know that. >> if it was a job reel jen psaki would get year job back. >> jen psaki was honest there. biden is not going to arizona or nevada but the way he is used. his description of his florida events. he is going to a fundraiser and doing an event about social

security. you have a scripted answer from karine-jean pierre and the honest one from jen psaki. that tells me you have a bad boss in the white house. my boss went to 26 states. he was sought after. so is barack obama in 20 states. >> the last time barack obama was on the ballot was 10 years ago. >> he's the best they've got. i said to my husband if i had to pick one democrat it would be barack obama, but maybe not even him. he is likeable. it's all they've got. >> they don't trot hillary. >> she is coming to new york. >> [overlapping talking]. >> get the fireworks. >> the tears will start flowing and brooklyn can't stand that anymore. if this is the best they've got it reflects badly on biden's decision after this election on

what happens in 2024. for those who look at barack obama, yes, he is outdated but he's the best they've got. his message and smooth demeanor compared to someone who is in the basement or a walking gaffes monitor. i think this is more like alice in wonderland. what is up is down and what is down is up. that's the problem the democrats have. >> up next the 2 cases between u.s. supreme court today. stay with us. okay everyone, our mission is complete balanced nutrition. together we support immune function. supply fuel for immune cells and sustain tissue health. ensure with twenty-five vitamins and minerals, and ensure complete with thirty grams of protein.

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>> ♪ ♪ >> the supreme court hearing oral arguments in two high profile cases that could decide affirmative action and college admissions. the justices are considering whether harvard a private institution and the university of north carolina a public one can use race as a factor in admissions for diversity. challengers argue their programs violate equal protection principles and discriminate against asian-americans. listen. >> why does having race as a factor harm your members? >> the record in this case is that unc gives racial preferences to african-americans and hispanic-americans and american indians and did not give racial preferences to white and asian applicants.

>> are you sure about that. >> emily, we know how this case will predict. justice roberts was the tiebreaker in the obama case. he's been against affirmative action as it stands with the court. some of his quotes. in the 2006 case, he said: he even cited the plaintiff's lawyer in brown from 1952 and said no state can use race as an authority. >> we have two cases. one is a public university and one is private. it's framed by the media as this overly conservative supreme

court that will strike down the ability to use diversity in admission and that conservatives don't believe in having a commitment to a diverse body. the arguments of the plaintiffs are anything but. this outlasted its usefulness. this is daetrimental to other minority groups. ketanji brown rescued herself from this. it's an important conversation. it's not whether diversity is important. it's been detrimental to other minority groups. >> and amy coney barrett pressed the plaintiff's lawyer.

let me be clear. say you are not benefiting the way someone else is, you want to use race. can you use it? the plaintiff's lawyer said yes. >> that's interesting. this caught my eye. 9 states have already chosen. as of today have chosen to end consideration of race in university admissions. emily, to your point, there are a lot of reasons you could argue that don't have anything to do with race. the u.s. supreme court allows the consideration of race but the new competition of conservative justices did not hesitate to overturn decades old precedent in a case that

curtailed a federal right to abortion. we are in a new ground of looking at things other than race. if we look at it wide eyed, then ketanji brown should be part of it. if race is not going to give you a leg up, why can't she be part of the conversation? i don't know. i have legitimate questions about how we go about these things without making race a bigger issue in the room. giving it even more power. >> that's a great point. >> they said there are race neutral ways to encourage your experiences. what if you are an immigrant. i don't see why that would be a problem. >> i like the idea of the college admissions essay saying more about the person than these things that the person can't

change. i have a senior. she is applying to colleges right now and it's quite a process. kids have gone through so much because of the pandemic. kids have suffered so much that further separating them and dividing them and putting them into other boxes only magnifies what they have been through. it's been such a hard time. it's almost impossible. i don't know how universities are quantifying how much pain kids have gone through. further racially separating and dividing people, that's only making it worse. we have to come up with new systems as a society. i wonder how you and your family look at this. it's a different lens. you are a year or two behind us. how do you feel as a mom? >> we are biracial. we see things from a prism that

comes from every sort of situation. kennedy, i want every voice at the table. ketanji brown she has a point of view and doesn't want to touch what the justices come up with. you should be able to argue everything. in our household we all talk about these issues. the focus on being black and a woman with kinky hair feels like it's more important than math and reading that our kids are going through. i have two slightly younger than your girls. we are already visiting colleges and having that conversation. my 13-year-olds and what is the acceptance rate? >> [laughing]. >> but that's what i want. i want her to look at the situation as an opportunity. not as a chance for a victim to get special treatment. >> justice thomas made that

point. education is about education. this has been banned in other contexts. k-through 12 and employment. you know the farmer's program. they were doling out aid based on race. that was struck down. kamala harris's talked about doling out hurricane aid based on race. >> my wife taught for 30 years. diversity is good. when you understand this break down. my concern is you are telling the whole world that nothing matters. judge by the content of your character and not the coloring of your skin except here. maybe a better idea is what are we doing? well, they don't have the same advantages of others. then let's have a conversation

about public and private education. the money that doesn't go into poor school districts. let's have this conversation. >> and the way the covid lockdowns disadvantaged marginalized communities. coming up luke brian hits back at the haters calling to cancel him for bringing florida governor ron desantis on stage to raise money for hurricane relief. i'm a performing artist. so a healthy diet is one of the most important things. i also feel the same way about my dog. we were feeding her dry, triangle shaped ingredients long as the yellow brick road. we didn't know how bad it was for her until we actually got the good food. we got her the farmer's dog sent in the mail. it was all fresh, when she started eating healthier,

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defending himself against liberal fans who are outraged he brought ron desantis on stage to help hurricane relief efforts. >> we will have fun and raise money tonight. >> [cheers and applause]. >> ladies and gentlemen, welcome to the stage governor ron desantis. >> [cheers and applause]. >> ♪ ♪ . >> [cheering]. >> he said he only meant to help storm victims. liberal fans said you tanked your career. i will never listen to you again. another country artist to cross off my list. cancel luke bryan and boycott luke bryan. luke bryan responded i understand governor ron desantis is a polarizing figure, but if a governors and to help raise

awareness of a natural disaster, you let them help. congressman, you know luke bryan and worked with him on a bill. what do you make of this? >> false outrage. you have to be mad about something. for the left, if it has anything to do with a conservative it's terrible. it was pointed earlier if that was in california and he invited gavin newsom. he just wanted to help florida on the florida and georgia weekend. >> who won? >> georgia, thank you! we don't want to discuss the tennessee game that is coming up.

someone who has been around luke bryan and knows him a little bit. it's his heart. his family. his family history with his sister and kids. where is the other big name entertainers going down to florida to help raise money for a tragic situation? luke doesn't deserve this. for everyone he loses he gains 5 more fans. >> absolutely. kayleigh mcenany, the screaming audience was excited to have the good governor on stage rather than noisy extremists online. >> exactly. luke bryan admits he hates women and lbgtq people? really. i do not need this need to

explain ourselves to the left always. he said i understand governor ron desantis is a polarizing figure. he could have he will probably win in double digits and win miami-dade. if this was gavin newsom there would be no explanation needed. luke bryan gained followers. >> i agree. i felt that the apology or the explanation seemed wrong to me. i am a big fan of him. i would have loved it if he came out stronger and said i brought the governor on stage. those of you complaining. donate $5 to the relief. i didn't like that he stepped

into the gray area. what part of him is polarizing? he works really hard to make life better for the people in florida. and governor newsom could take a playbook from that. >> i don't know that gavin newsom would be cheered in certain parts of california with economic hardship. the roar of the crowd tells you all you have to know here. i understand why he wants to be an artist who doesn't put himself into a singe box. that's what music should do. inspire you and cross lines. no matter who you are, if it makes you feel a certain way, then that is right. i think what he is trying to do is comfort the hurt feelings of people always looking for a reason to be upset about something.

just calm down. get a hobby. find some joy in your life. instead of looking for reasons to be miserable and call people out and cancel them constantly. seriously! there is something wrong with you. emily? >> [laughing]. >> we talk about activism. all of that chart online. are you an ally for lbgtq rights? or just attempting to cancel someone in the name of that that has nothing to do with when that person is raising millions for people who need it. >> do we time the departure from twitter since musk took over with an egg timer or a stopwatch? >> i wonder who told luke bryan that he had to do this. don't put him in a box. his hit with pit bull and

atkins, we played it on the "focus." i to think he has a team behind him. a communications team that would suggest we are seeing this. you might want to say something. who works with him on that? if he is left to his own devices -- kamala harris -- fire your communications team. >> [laughing]. >> or they left. >> get people who are looking out for what gets you to where kennedy is talking about. you are allowed to have whomever you want on stage. you are allowed to support the good people of florida. it was georgia and florida day, the big game. who is the biggest florida person as a leader? that's desantis. he is the governor. you are allowed to love florida enough. why not make that your message. i loved what you said. donate $5 each one of you who

complained about helping people. where is his team? >> i think there is a tight tether on him behind-the-scenes. >> i can imagine that. >> with the singing shows. >> cut the tether and higher aldine's wife communication team. >> you would not believe the pressure in the background. i helped when i was in the united states congress. that were people in the left that would talk to me outside but would never talk to me anywhere else. >> hmmm. >> coming up. elon musk the man in charge twitter and has plans for changes and make user pay up for the blue checkmarks.

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whirlwind first weekend for new boss elon musk. he fired several top executives and hinted that a bigger staff shake-up could be on the horizon conspire those in manageeral positions. those changes are not the only revamp. elon musk plans to make verified user to fork over cash to maintain their status charging $20 a month for verified users

to subscribe for that those blue checkmarks. >> it tells you this is an official politician or official media person. i know campaigns under the previous twitter had a certain number of blue checkmarks they could hand out to people on the campaign so you know they are with biden or trump. it became blue checkmarks for liberalism. they got blue checkmarks because they were on the left and the right wing people didn't get blue checkmarks, most got banned. >> he wants to make it a green check. >> [laughing]. >> that's the big thing right there. for all of the folks on the left who are doing their normal i will live the country and quit twitter. we started that on the other side and they made fun of

parler. now they are saying the same thing. hypocrisy. i think both sides will be let down. i think the liberals will come back and the conservatives think this will regenerate everything else. it will be in the middle. this man knows how to make green checkmarks. you charge from it to get it away from advertisers. >> interesting. the description was a person of public interest. to your point, the liberals that had control over their own could say this voice is more important and has a deeper public interest than this person who is conservative. i think -- i wonder if the remaining verified users with blue checkmarks are like oh, yeah, i will pay and people who

don't want to care anymore. take it away. i don't care. a falsely plumbing up of certain people. >> if you are on the b-team. that's an interesting point. would you rather be there because you didn't want to pay or because somebody decided you don't deserve checkmarks. >> that's what they are doing right now. they are doing a deep analysis. elon musk said with engineers and coders. he needs people who can code and needs things to be sound. he said for every coder there are 10 managers. that's too top heavy. he talks about relieving half of the work force of their positions, they could learn to code and be just fine. >> [laughing]. >> we have teenagers that could help him out. >> [laughing]. >> coming up historic staffing shortages at police department across america.

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>> 8 days until the mid-terms. republicans are pulling ahead

with a substantal lead over democrats. and our ccchair man is here. big affirmative action cases and jonathan turley will tell us what it means. illinois will take reforms to the criminal justice system. leo terrell will be here with his thoughts. i am john roberts. sandra is off. join jillian and turner and me at the top of the hour. >> police department are feeling the impact of the defending movement. they are dealing with major staffing shortages. democrats run cities are the hardest hit. others report the lowest fleet in decades.

some are offering up cash incentives giving out thousands of dollars in hiring and relocation bonuses and rent subsidies. kennedy, a big issue with this, in addition to seeing it be disheartening to have to offer cash incentives because the progressive left turned their back on the servants in uniform. it's pulling away from dangerous blue led cities into smaller departments. it's making the battle against the street criminals harder as the smaller departments are luring away the big city officers but understandable. >> if you were a cop, why not work in a suburb. why be attacked by homeless people and your mayor downtown. i was in portland last weekend.

it's a hell scape. this was the most beautiful city in the country. now there are parts of portland you don't want to step foot there because crime up and homicide up 207%. the mayors forgot they have an obligation to provide safety to their citizens. >> they don't. >> we pay for that with our tax dollars. they should give us a retuned. congressman, you are the son of a state trooper. this is a generational impact. not something you can fix in one year. it will take multiple years to restore the knowledge drained away. >> it is. those officers who have 8 years of experience, it's like the military. the police officers are being

pulled back. if you don't have their back, they will do whatever it takes to protect us. if they don't feel like something has their back, they won't go out there. they have families at home. i was a kid that watched their dad come home with blood on their shirts. they have to put more into this. it's got to be a generational change back to these are the good guys. sometimes they do bad things but they are punished. the rest are good guys and gas line protecting us. >> i am thinking about the citizens. most of the low-income families live in areas that need cops. when you defunding and take them out of those areas to protect the more tony areas which is what we saw during the pandemic. when times square was hit. the cops were forced to go other places. that's what kathy hochul wants to do. she is not talking about hiring

more cops. she is talking about moving them around. they are not commodities. they live in our communities too and care about the citizens. those among us who need help in high crime areas, i don't see the answer coming while you vilify the cops and say you won't defunding them but will reallocate their funds when they need them. hire them back with whatever it takes. you are trying to hire people whom will stay in the jobs we hope. be the mayor. be the city council. be the people in leadership to say at the same time we will make a proclamation for this is hiring police officers into our community day. we will celebrate them every year on this date on the calendar. >> i love that. change the rhetoric. we have seen a change in rhetoric from the democrats. it's temporary i fear. the troopers united foundation

for the new jersey state police. they have cards of police officers to show they are the heroes so people can celebrate real life heroes rather than tiktok or the movies. it takes all of us to get behind that seed change. i fear that the democrats who are temporarily on board will turn their backs again because they believe in defending the police. >> they are on board because it's an election year. stacey abrams said i don't believe in defunding the police. ron johnson told me last week. my opponent uses those words reallocate the police. that means defund.

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♪♪ >> last but not least, just in time for halloween, emily is hosting a new show on fox nation that is sure to leave you spooked. "american vampires" available on fox nation. emily sinks her teeth into our fascination with the legend from transylvania, the pictures are amazing, including a moment in history when americans panicked over the possibility of vampires. here is a bite from the episode. >> while new england was the birthplace of the american revolution, by the 1790s it was the epicenter of vampirism.

>> what is the new england vampire panic? >> it's the practice of exhuming these bodies in hopes of stopping an offending corpse from coming back and feasting on their living relatives, neighbors. >> emily, your pictures are incredible, by the way, the cover, everyone needs to look at it. >> thank you so much, so amazing to film. great grand nephew of bram stoker himself, he's an author as well. this is -- his great grand uncle is the one who penned dracula, and it's actually a historical documentary, it's about what happened during the tuberculosis epidemic, and mostly rural villages responded but a big surprise for you all at the end. so i encourage everyone to watch it with your loved ones, it's family safe viewing, you will get a kick or bite out of it.

>> fun fact? >> yes. >> my mom was born in transylvania. so i will watch it with my mom. she loves you. >> what a great thing to watch after you trick-or-treat with your little ones, you said it's safe for family viewing. >> maybe not the little little ones. >> my daughter would love it. i'm telling you. >> thanks to everyone. happy halloween. here is "america reports." >> kayleigh, thank you so much. despite president biden calling the midterms the most important election of our lifetime, he appears to be avoiding several battleground campaign trails in the final stretch before election day. instead, the democrats have been relying on his former boss, president obama to mobilize democratic voters in key swing states. an if the current polling trends continue and democrats lose control of both chambers of commerce, what is that going to mean for re-election prospects in