and son. the power of a child, not only to redeem and save a president and family, but a nation, and it's the same year, incidentally, lincoln signed the proclamation making thanksgiving a national holiday and the emancipation proclamation and the gettysburg address and tad was a part of that. it's the power of child in every life and the latest, in bookstores, fox nation, i hope everyone will get a copy. >> harris: what i love about the fox nation special, you are telling the story and the images are right there, and it's part of american history. you can watch it with the kids. >> i love that. and on tour, book tour. >> harris: can you see it? he looks like the little boy tad. "america reports" now. >> john: harris, thank you. a live look at the capitol,

house speaker kevin mccarthy fighting to stay in power. florida republican congressman matt gaetz pushing to oust him after less than a year in charge. hello, i'm john roberts, welcome to you on this historic tuesday. >> a lot going on behind us. i'm aishah hasnie in for sandra smith. matt gaetz filed the motion to vacate the chair, could force a new vote as early as 1:30 today for house speaker if mccarthy's allies are not able to save him. >> john: the florida congressman says the recent spending battle and ongoing aid to ukraine says he is not representing republican interest in the house. and if he can convince enough gop members for the motion, he will be forced to rely on democrats. >> aishah: juan and chris are standing by, but first, off to capitol hill where senior congressional correspondent chad

pergram is live with the latest. so, what are you hearing, where are the democrats at right now? >> good afternoon, aishah. when asked if he would still be speaking, kevin mccarthy said yes but concedes he loses if five gop members vote against him. it's about the math. >> tell me why you are so confident. >> i live in america. >> but this is a serious -- >> it is a serious question. ok, take the current situation out. have you ever come to me on no matter what you thought i could not solve that i wasn't confident? >> matt gaetz intends to force the house to consider his effort to dethrown mccarthy. some republicans are seething at gaetz for trying to oust the speaker. mccarthy loyalists are closing ranks. >> my message is we would not have republicans, would not have the majority today if it wasn't for speaker kevin mccarthy.

and the irony of this whole motion to vacate is that the sponsor of the motion to vacate is the one who is working with the democrats. >> democrats are not going to salvage kevin mccarthy. one democrat said their job is not to boost a gop speaker. >> even if kevin mccarthy were to say he would do something, there's not a whole lot of trust that he'll live up to whatever he commits to. i think our decision, which will be caucus conversation which will lead to it will be based more on, you know, what we think is the right path forward. >> the vote next hour is to block gaetz's motion to demand a new vote for speaker. if the house euthanizes the effort, gig is up for gaetz. if the house fails to block gaetz, it then votes if there should be a new speaker election. aishah. >> aishah: chad pergram live on the hill. keep us posted if you see

anything change. >> john: the panel, juan williams, and chris bedford, not surprising that gaetz would introduce this motion to vacate the chair. he's the one who pushed it when mccarthy was negotiating with republicans to become speaker. he wanted to bring it back to its historic one vote to introduce a motion. it really seems like with gaetz and mccarthy, chris, it's a personality thing. >> it is a personality. those two have been fighting separate from the broader fights in the house of representatives. gaetz is not part of the conservative movement, he is pretty well attached to the maga activist base that is out there in the gop. you don't see him at the closed door meetings, don't see his staff working with folks like chip roy's staff, and a lot of frustration among republicans, moderate republicans, and conservative republicans with the speaker and at the end of the day, the ceo will take the

blame if the company doesn't do well. broadly speaking, the frustration of mccarthy, people don't understand why gaetz is making the move, what he stands to gain, except in broader politics and the activists to work with. >> aishah: 45 days to pass a budget, and now talking about a speakership battle. both these men need democrats to survive. matt gaetz needs more than mccarthy, i think he has 200 republicans behind him. we are hearing from a source on background that democrats are very unified in perhaps voting to kick mccarthy out today, they are not going to vote present, they will vote to kick him out. is that a smart move for leader jeffries, in the middle of budget talks, trying to pass a budget. >> well, you know, remember, what happened last weekend in order to keep the government open was that you had, you know, a majority of democrats who were

necessary to support mccarthy in order to keep the government functional, to pay the troops and keep the irs collecting taxes. that's pretty basic. so now you have a situation where the democrats are saying wait a minute, if we are the middle and if we are the ones who are actually the stable force to keep government, why are we obligated to support kevin mccarthy? i am of a mind that you want congress to work. so i'm saying well, you know, democrats consider your role here because things are getting shakey up there. right now it looks like, you know, chris and i were talking before, looks like high school. it looks like, you know, like a bunch of kids just acting out. and you want things to settle down. but democrats from a purely political perspective, and speaker mccarthy said this today in a press conference, he says he understands politics. he understands the power game. and democrats looking at the power game saying wait a second, why are democrats required to

again bail out a republican speaker, even if he is being dominated by that maga wing, it's his task to figure it out and pelosi figured it out with the squad, right. so, that's what he's got to do and i heard congressman kilde, said nobody trusts kevin mccarthy. that's coming from a democrat. but i think the republicans also feel they don't trust kevin mccarthy. >> john: you are such an old fashioned traditional, you want congress to work. juan, it's washington, 2023. so, you wonder what the consequences are for mccarthy, will he survive, and then if it goes to a vote for speaker might he get re-elected. and matt gaetz, some are calling for his ouster because of an ethics investigation, one said no one can stand him at this point, a smart guy without

morals and mccarthy insists he will survive any vote to vacate. listen to what he said. >> are you confident that you'll hold on? >> i'm confident i'll hold on. it seems very personal with matt. it doesn't look like he's looking out for the country or the institution. >> john: when the speakership went to 575 votes, a lot of people thought mccarthy will never make it but said no, i'm going to be speaker at the end of this, he was right back then, is he now? >> and they opened up an ethics campaign, reopened it against gaetz. the doj decided they didn't have anything to charge him with on that. that doesn't always mean anything. remember senator menendez was let off by a hung jury and the ethics committee found him severely lacking and embarrassed the senate. the same thing could happen to gaetz and that is possible. his future idea, his eyes on the primary for the governor of florida and thinks he might be able to differentiate himself from competition, but your point, the reason why gaetz is able to get allies who are going

to help him from the republican side, is because congress does not work. i think it was the late 90s the late time they passed a budget with appropriations. >> john: the good old days. >> they have lost the muscle memory and surrendered to the executive branch and the courts and republicans are angry and did not see mccarthy as the person able to bring that back. >> aishah: there is an ideological civil war in the house gop conference, if not across america within the republican party. and donald trump is a part of this because he keeps sort of meddling in congressional affairs. i want to ask both of you, though, about this. who wins at the end of this? because matt gaetz's grievances are real. he has some fair grievances in terms of not getting a budget done, the promises that speaker mccarthy made but the end of the day, speaker mccarthy and leader mcconnell are the old guard that believe we shouldn't be shutting down a government. if we can't get our work done, it's on us. we shouldn't put it on federal

workers. who is right and where does the gop go? >> muscle memory in the congress and the senate, all they know how to do is pass omnibuses and occasionally tax cuts and fund the military. muscle memory for actually governing as a congress is completely lost. and it's going to be a painful experience. even if they got mccarthy to pass appropriations and push them through, mitch mcconnell and chuck schumer have not shown interest to do it in the senate. it's a slow step-by-step movement and a painful one for the country to get congress and the senate to relearn like with physical therapy to actually govern. >> the thing that strikes me is we used to have a sense that people could talk to each other. >> john: there you go again. >> i know, i'm an old timer. but talk across the aisle. i think the longest serving speaker, tip o'neill, ronald reagan used to talk all the time, two old irish guys with a

drink and work things out. >> john: gingrinch and clinton. >> and they shut down the government a couple times, reagan. >> they did, but they were working at it. you and i have different political views but we talk. and we can work it out. now, i think these guys, you talked about who wins at the end of the day, you know what i think a lot of people, this may come across as harsh, but a lot of these people are performance artists. they are there to create chaos. they delight in the fact that it's not working. they want government not to work and they think it's to their political advantage going forward whether it gets them a job on cable tv, or the nomination for governor of florida, i think that's their -- i don't think working government as much as john roberts like to deride me as an old man, it's not their goal. >> john: because i'm there with you. see which way this goes. don't go anywhere. >> aishah: former president

trump says he will take the stand at the civil fraud trial against him in new york city. trump and his organization are accused of vastly inflating property values of his real estate empire. he says it's a political hit job. but first, nate foy live outside the courthouse in manhattan. what happened in court today? >> well, aishah, former president trump has spoken three times today, right now the court is in recess for lunch. they'll pick back up for the afternoon session at 2:15. but he's been especially critical of new york attorney general letitia james and hear what he said moments ago in one second. but first, to answer your question, what happened in court today, the morning session began with the judge explaining appellate court decision from june regarding the statute of limitations and essentially what the judge explained, the state could continue questioning a man named donald bender, former president trump's old accountant, in regards to financial statements and transactions that happened back in 2011, but only if the state

connects it to alleged crimes that happened after 2014 or in some cases after 2016. i mentioned former president trump has been extremely critical of attorney general james, take a listen to him moments ago. >> we have to expose her as that -- you see what's going on. it's a rigged deal. >> so you heard it there, he calls it a rigged deal. attorney general james accuses trump of falsely in flating his net worth and deceiving banks. she put out a video saying she fundamentally disagrees with trump's interpretation of the statute of limitations in this case. this is a no-jury trial, the judge has full discretion. trump's team put out a statement saying they never had the option of a jury trial. fox news is working to confirm that. the former president also

defended the valuation of his properties posting on truth social in part, judge engoron has been given false information about my net worth, such as mar-a-lago, $18 million, it would be closer to $1.5 billion. and back out here live, aishah, lunch break is expected to end at 2:15 when court will resume. we heard former president trump speak four times yesterday, and today he spoke three times. >> aishah: thank you, nate. meantime, we are just getting in some breaking news as i mentioned earlier in the panel, we had a source telling us that leader hakeem jeffries of the democratic caucus was going to tell his caucus to vote to oust speaker mccarthy in this upcoming vote and we have now confirmed it. the leader releasing a statement

saying that yes, he has told his caucus to vote yes on a motion to vacate the chair. so, we could be headed for another 15 rounds, possibly, of looking for a house speaker. >> john: this could be a redux of january 2023 all over again, all those votes. and mccarthy finally got confirmed as chair, so this is a historic day. the last time there was a vote like this to vacate the chair was in 1910, joseph canon, for whom the canon building is named. he survived that, don't know if mccarthy will or not. if the democrats all decide that they are going to vote to vacate the chair, he may be in his last minutes as speaker of the house. >> aishah: and leads to the question and trying to ask the question on the hill for a while now, who is the back-up? who is the person that replaces mccarthy if he cannot keep this speaker's gavel. there's been some talk about

perhaps emmers, steve scalise, he is behind mccarthy and trying to keep him, but says a lot about the rule, the promise speaker mccarthy made to even get the gavel in the first place, what he signed up for and here we are. >> john: scalise has some health problems, he's treated for multiple myeloma, i don't know how that might fit into plans to put his name forward for speaker. tom emmers might be the one when rises. we don't know, a, how the vote will go. though if the entire -- if the entire democratic caucus is behind the move to oust mccarthy, it's possible that he may go. did i just hear trump is walking out of court? ok. apparently he didn't talk, which is unusual for him in terms of this court case as nate was mentioning a moment ago.

he talked going into court. >> aishah: bringing the campaign trail to the courtroom. >> john: historic day today, see how it all unfolds. >> aishah: still to come. >> 48-hour moment, you realize it's going to be tough. you start thinking the worst. but what happened was extraordinary. >> john: 48-hour manhunt having a happy outcome as police safely rescue 9-year-old charlotte sena from her expected kidnapper. how were investigators able to locate her so quickly? >> aishah: we will dig into that. and also this, hunter biden pleading not guilty in federal court. fox news legal editor kerri kupec urbahn was in the courtroom for the proceedings. she is here to break it all down, what's next. ay everyone, n is to provide complete, balanced nutrition for strength and energy. yay - woo hoo!

ensure, with 27 vitamins and minerals, nutrients for immune health. and ensure complete with 30 grams of protein. (♪) this is spring semester at fairfield-suisun unified. they switched to google tools for education because there's never been a reported ransomware attack on a chromebook. now they're focused on learning knowing that their data is secure. ( ♪ )

c'mon, we're right there. c'mon baby. it's the only we need. go, go, go, go! ah! touchdown baby! -touchdown! are your neighbors watching the same game? yeah, my 5g home internet delays the game a bit. but you get used to it. try these. they're noise cancelling earmuffs. i stole them from an airport. it's always something with you, man. great! solid! -greek salad? exactly! don't delay the game with verizon or t-mobile 5g

home internet. catch it on the xfinity 10g network. here's why you should switch fo to duckduckgo on all your devie duckduckgo comes with a built-n engine like google, but it's pi and doesn't spy on your searchs and duckduckgo lets you browse like chrome, but it blocks cooi and creepy ads that follow youa from google and other companie. and there's no catch. it's fre. we make money from ads, but they don't follow you aroud join the millions of people taking back their privacy by downloading duckduckgo on all your devices today.

>> john: any moment now press secretary karine jean-pierre at the white house will face tough questions at the daily briefing on hunter biden pleading not guilty to three felony gun charges in federal court. joining us live outside federal court in delaware is kerri kupec urbahn, fox news legal editor and former counselor to a.g. bill barr. so some new conditions hunter biden has on his life, he has to find a job, communicate all international travel plans, can't possess a firearm, can't use alcohol or drugs, medications must be prescribed, drug tested randomly, substance abuse counseling, kerri, so far away from where we were in the same courthouse two months ago. >> so far away, i think that's the most unusual aspect about all of this, john. weeks ago hunter biden was about

to walk away from it all and yet here we are today in court watching the president's son be arraigned on these felony gun counts and the judge did say that hunter had been communicative with his probation officer since the summer and that he has taken drug and alcohol tests, all come back negative, and thus the judge was comfortable with the conditions both sides had agreed to. i will tell you this. hunter biden's main defense attorney abbe lowell indicated they will be asking the court not just to throw out the charges, we can all expect that, but also asking for an hearing, and why is he asking for that, i think to show everybody what actually went down between hunter biden's team and doj with that deal that fell apart. so, that will be one to watch. very interesting. >> john: so again, this idea of where we were eight weeks ago compared to where we are now, again raises the spector of how were they thinking of doing a diversion deal on the gun charge and then a plea deal on the two

x at that misdemeanors, which led a question to merrick garland on "60 minutes" on sunday, whether there is a two-tier system of justice. here is how he responded to that. >> we do not have one rule for republicans and another rule for democrats. don't have one rule for foes and another for friends. don't have one rule for the powerful or powerless, other one rule, follow the facts and the law. >> john: looking at how the hunter biden case was originally handled, though, it's very difficult to take what garland said at face value. >> that's right. the irony is now hunter and his team are accusing doj of politicizing his process. so, yes, he started off with the deal that i think many people think he never should have gotten, given the sweeping protection he would have enjoyed from further prosecution, but now here we are, he's been

indicted, it's possible he'll be indicted again on other charges and so his defense attorneys are now making arguments that the right frequently makes which is one, the politicizing of doj and two, that certain gun laws are unconstitutional and his attorney indicated that that is what they will be arguing in the future. >> john: a big argument, whether or not david weiss had the authority to bring charges against hunter biden. gary shapley, one of the irs investigators, claimed that the u.s. attorney for the district of columbia, matthew graves, refused to partner with weiss to bring charges here in the district. the house judiciary committee will get a chance to interview graves in the next few days. as a reminder, what shapley said. listen here. >> he told me he was not the deciding person whether or not charges were filed. he told us that d.c. u.s. attorney declined to file charges. requested special counsel

authority and denied. >> john: garland said weiss had full authority and then questioning from jim jordan, maybe these u.s. attorneys didn't have to partner with him if they didn't want to, jordan said he didn't have the authority. so, where do they stand with all of that, and what might be learn from graves when he appears before the judiciary committee? >> it's very confusing. somebody is clearly not telling all of the truth, and i think that's why there is so much confusion. david weiss himself in letters to congress said he had full authority but to your point, the irs whistleblower said he told them he didn't. so, i will point this out, and that's the fact that the department of justice making weiss available to testify to even sit down for a transcribed interview, is happening in the next few weeks, and making the d.c. u.s. attorney available for an interview with the committee is highly unusual. typically these things take years, the office of leg affairs at the department of justice

will drag their feet, all kinds of conditions yet watching merrick garland testify before congress and then do the interview with "60 minutes," it was clear he wants them to talk because i think he wants them to shoulder the responsibility of what's gone down since it remains pretty unclear for a lot of us. >> john: and we should point out, too, after what happened with henry cuellar last night carjacked in the navy yard, graves is in the spotlight again. u.s. attorney's office handles the local crimes here and statistics that show two-thirds of cases his office did not seek to prosecute. so, we'll talk more about that later on in the program. kerri, great to have you there in delaware. thanks for joining us. >> aishah: we are still following breaking news on capitol hill where we are awaiting a vote on a motion to vacate the speaker, the speaker mccarthy's job up in the air in the next couple of minutes here. votes are expected to happen just about three minutes. let's bring in our senior

congressional correspondent, chad pergram, who is a few steps away from the house floor and chad, we are expecting speaker mccarthy to walk past you any second to go back on to the house floor. what are you hearing in the last couple of minutes here about where this stands? >> well, we are going to have a vote here. we just don't know there is going to be a vote on trying to oust kevin mccarthy. there is going to be a vote series coming up here starting around 1:30, that's what we might see speaker mccarthy come by here, try to grab him, the first vote in play, the main vote we need to worry about, whether or not they are going to try to kill the effort by matt gaetz to oust the speak every. this is called a motion to table. and what this is, an effort to set that off to the side. we don't really know exactly how members will vote. you could have republicans obviously who support mccarthy, they will vote to table, they don't want there to be a speaker vote here on capitol hill. you might have some democrats vote against that because they

just don't want the chaos, some democrats might vote present, in other words they are not casting a ballot yea or no. hakeem jeffries, the democratic leader has said republicans have to solve their own civil war. just before we came on the air here, however, the democratic leadership said they would in fact vote to oust kevin mccarthy if it came to that vote, where you have that actual motion to vacate the chair. so, let me take you down in the weeds here. this gets a little complicated, try to explain it. the first vote, the vote we worry about, the vote on the motion to taken gaetz' effort to get rid of kevin mccarthy. so if they table that and they set that aside, then you don't actually go to a vote to consider whether or not there should be a new speaker. however, if that motion is defeated, then you have a vote to decide whether or not there is going to be a speaker election and i'm told what they would do is have all the members gather in the chamber, they

would call the role alphabetically, and vote orally, the motion to vacate means you don't have a speaker. if they are successful in voting for that, and then you have to go back to where we were on january 3rd. january 3rd was the start of the congress and the first order of business here on capitol hill is to elect a speaker of the house. the house cannot do anything on the floor unless it has a speaker. and then it's katie bar the door. remember, it took 15 rounds back in january but we don't know that it will ever get to that point and the reason aishah, this is so hard to read, they have not been down this road since 1910. joe canon was the speaker of the house then. he offered his own motion to vacate, because there were members not pleased with his speakership and dared people, you want to vote against me, see how it goes. and he prevailed with the

minority party. and see if kevin mccarthy has some distance by democrats, even though the leadership has said they would not support re-electing kevin mccarthy as speaker of the house. >> john: it's going down a different way, but a lot of historic precedence here. the big question is, how many allies does gaetz have? i would assume that with hakeem jeffries saying he's going to get the democratic caucus to vote to vacate the chair, likely would not be defections from that, they are unified when the leader sends marching orders. how many democrats, or how many republicans are needed to bolster the democratic caucus in order to vacate the chair? and how many votes can gaetz count on? >> mccarthy said if there are five republicans who vote against me, i'm out. this is where the parlimentary algebra is so challenging. don't know what the magic number is, we don't know how many will cast ballots.

don't know how many democrats might sit this one out. some attendance issues here today, and you also don't count the number of votes of members voting present. so, that's why i say this is like an algebraic equation. you don't know what the magic number is. but currently 433 members of the house. kevin mccarthy has a four seat majority. as he said this morning, if they go to five votes against him then the gig is up. but again, it's hard to know until we actually see how this roll call vote goes and see how many people vote for him, how many vote present, you don't know and you hear the buzzers behind me, that's the house calling the vote series right now. the first vote, don't worry about that, there is going to be a second vote after that, don't worry about that, and closer, i would say closer to 2:00, that's the roll call vote we have to worry about. that is the vote on the motion to table or to kill the gaetz effort to hold a new speakers vote. >> aishah: chad, always a vote

for the vote before the vote, so watching for the third vote here, we have just started the first in the series of three. we want to remind our viewers, there is about 200 republicans here, house republicans that are for speaker mccarthy. this is a matt gaetz motion, and might have a handsful of republicans but he's going to need to count on democrats if he wants to oust speaker mccarthy which might happen today. if we go back to january, chad, are you expecting speaker mccarthy to put his name back into the jar here, is he going to go back and try to become speaker again, even if it takes 15 rounds? >> absolutely, that's what i was told by some of his allies. allies say he should be the speaker, he's done nothing wrong, no ethics issues, no reason to oust him. but you have to kick into the vote where the house votes on a repeated basis until they get

the speaker. they can accommodate no floor traffic, can't vote on any other bills or anything else until they get a speaker. there is no speaker, the speakership is vacant, and the one nuance that i would say that would be different, a secret list kept by the clerk of the house for continuity of government, created after 9/11, that rather than having the clerk of the house preside over that speaker vote, if it comes to that, you would have a speaker pro-tem, a secret list of members they put together, mainly for terrorism, and that person would preside over the speaker vote. but again, we are several steps away from that, but would expect speaker mccarthy to try to hold on to the speakership even if it's repeated votes. >> john: he's like the racing forum at del mar, you can't tell the horses without chad. stand by, obviously, a very important day. juan williams, senior political analyst for fox news, and chris

bedford. work across the aisle, do the math. how many votes does gaetz have, because he's not really well liked these days, and how many democrats do you think jeffries will bring? >> so your question is about the votes who vacate this chair. and if that's the case, i think that what we heard today from speaker mccarthy is that he believes there are five votes on the republican side that will -- >> john: he also said he's going to survive. >> look, what did he say, he said he's a confident guy, he's survived 15 votes to become speaker. but that doesn't suggest that he thinks he's going to survive the initial vote to vacate. >> john: so how many -- how many does gaetz bring? >> gaetz has enough to topple if the democrats show up and play ball. democrats are not going to save him, they are clear on that and i think you are right, united, disciplined, so the question is do 30 something democrats decide to just not show up for the vote.

if that's the case, it gets to continue. and gaetz, you are right, he's unpopular. at least he's not popular as a team player. so he does not have republicans coming to his side because they like matt gaetz, but there's enough frustration, mccarthy is unpopular enough with republicans that he's got those votes and mccarthy knows it. he's a confidence man. one guy said earlier today a possibility mccarthy loses this and decides to leave congress. i don't think that's very likely. >> the key point chris just made, i hope the viewers pick it up, democrats could simply not come and then it changes, if they are not there, then the number needed to oust him is lowered and he might survive on that basis. >> aishah: sounds like leader jeffries has made it clear what he wants husband conference to do, spell a lot of trouble for speaker mccarthy. back up and look at this broadly while everything starts to happen behind us. what does this say about where the gop is right now and how much free ammo is this giving

the white house and democrats to say look, this is the dysfunction, this is the chaos they bring every single day. do you really want this next year when elections come around. >> i mean, republican leadership has been kind of absent at the wheel, even for the spending fight. mccarthy's team was in there at the end, but if you go to the senate, senator rick scott led the gop in the negotiations at the end. mcconnell's team was sidelined. and emmers is working closely with house republicans on behalf of the leadership team, they feel mccarthy is pushed on to them and certain points mccarthy and his team were not even included in some of the negotiations between the main street caucus and the house freedom caucus over the spending bills. so, both the republicans in the senate and the republicans in the house feel they don't have strong leaders. but republicans are polling better than they have -- both parties are very unpopular. polling better than democrats on

handling of the economy, and sacrifice with infighting -- >> john: those of us in sight of the architect of the capitol and the ring of influence congress has in d.c., all very intriguing and historic, has not happened in 113 years, so it does suggest there is chaos and craziness that's happening across the street. but does that filter down, juan, to folks at home who are trying to make ends meet or they see all this as some infighting that will get taken care of and what they really want to see is results. doesn't matter who is speaker. >> they won't see results, i think it's a lot of static. you can dismiss it, say it's temporary, i don't know how long it will last, maybe a new speaker, i would doubt it would be a democrat, republicans remain in the majority, however slim it might be. but for most americans i think the bigger complaint would be why isn't government functioning? why isn't this working? it does open the door for

democrats in the white house and in congress to say this is a clown show. what is going on here? this is madness, stop it. you look at what happened last week, it's an impeachment with no evidence? what is that? what's going on here? >> john: chris. >> i think there is plenty of evidence on that. but the 24 hour news cycle, it's so fast. things are moving so quickly that shutdowns used to make a huge difference, a huge difference during the obamacare shutdowns, you felt it in elections, at least in virginia, maybe not across the entire country. these things are happening so commonly now. there is so much drama going on, people find it static. and there are republicans during the spending battle saying who cares if the government shuts down. american voter is not paying attention 18 months from now, not paying the same level of attention and politicians do not get punished anymore for things that happen more than a few months --

>> if the government shut down, and goes for more than a few days, americans do notice and the anger americans have at politics and politicians is very real. why people are so grumpy and negative about our politics and about the future of our country because they see government and leadership not acting in the -- on behalf of the american people, but on behalf of themselves. the politicians are entertaining themselves. >> aishah: stand by, gentlemen, we will keep you close as we watch the house floor and wait for this vote to come up, it should be shortly here. take a quick break. bring in jason chaffetz next to talk all about it. in just a few clicks. and we'll come to you with a replacement you can trust. >> man: looks great. >> tech: that's service on your time. schedule now. >> singers: ♪ safelite repair, safelite replace. ♪ hi, i'm jason. i've lost 228 pounds on golo. ♪

changing your habits is the only way that gets you to lose the weight. and golo is the plan that's going to help you do that. just take the first step, go to golo.com. ♪ if you struggle. ♪ and struggle. ♪ and struggle with cpap. you should check out inspire. ♪ no mask. no hose. just sleep. inspire. sleep apnea innovation. learn more and view important safety information at inspiresleep.com hi, my name is damion clark. and if you have both medicare and medicaid, i have some really encouraging news that you'll definitely want to hear. depending on the plans available in your area, you may be eligible to get extra benefits with a humana medicare advantage dual-eligible special needs plan. all of these

plans include a healthy options allowance. a monthly allowance to help pay for eligible groceries, utilities, rent, and over-the-counter items like vitamins, pain relievers, first-aid supplies and more. the healthy options allowance is loaded onto a prepaid card each month. and whatever you don't spend, carries over from each month. other benefits on these plans include free rides to and from your medical appointments. you pay nothing for covered prescriptions, all year long. all plans have dental coverage which includes 2 free cleanings a year, fillings, and a yearly exam. they also have vision coverage including vision exams and a yearly allowance towards eyewear such as lenses or contacts. and hearing coverage, which includes routine hearing tests and coverage for hearing aids. you'll also have a $0 copay for the shingles and other routine vaccines at in-network retail pharmacies. plus, your doctor, hospital and

pharmacy may already be part of our large humana networks. so, call the number on your screen now to speak with a licensed humana sales agent. wouldn't you love benefits like a monthly allowance to help pay for eligible groceries, utilities, rent and over-the-counter items? so, if you have medicare and medicaid, call the number on your screen now and speak with a licensed humana sales agent. if you're eligible, they can even help enroll you over the phone in a humana medicare advantage dual-eligible special needs plan. so, call now. humana. a more human way to healthcare.

>> john: well, if it's between the hours of 1 and 3:00 eastern

time, you have to know there is breaking news and there is. we are waiting moments from now a vote in the house of representatives on whether to table a motion to vacate the chair that's been brought forward by florida congressman matt gaetz. if the motion to table fails, then we go ahead to a vote on vacating the chair and all indications are that democrats will side with the yeas to kick speaker mccarthy out, may launch us back where we were in january in trying to find a new speaker of the house. joining us now on all of this is bret baier, executive editor and anchor of special report. history repeats very slowly in this case, last time was 1910, goodness, this is a big day. >> bret: very big day and speaker mccarthy was gambling, putting this forward, and believing that he could get some democrats to either vote for the motion to table gaetz' motion or

to possibly get them to come on his side against the motion to vacate. however, the minority leader jeffries came out with a letter to his colleagues saying that he was going to vote yes to the motion to vacate, and that he urged other democrats to do it to try to essentially not so much words break the fever of the maga extremism, his words in this letter w. that, mccarthy can only lose five votes on the eventual motion to vacate. and the question is whether he has them, and it's really, as aishah knows and chad pergram has talked about, comes down to just a few people that could make this decision and otherwise we are back to square one and what could be a very, very difficult job in finding a consensus speaker for the republicans.

>> aishah: no capitol hill reporter wants to go through january all over again, man, that was something else. when i think about what's happening right now, i can't help think of john boehner and the fact he would have been going through this if he had stepped down. mccarthy is not willing to step down, he comes over and tells me i'm not a quitter, i don't give up, i'm here to stay, i'm going to fight. where do you see this going if he is ousted, because very few names have popped up, bubbled up in terms of replacing him, in terms of somebody that could unite this very divided conference. >> bret: no clue, honestly, aishah. i think the names out there could not get the consensus vote, could not get the votes across the caucus nor would democrats do that. we should point out this vote that they are currently doing is another issue, but on the motion to table matt gaetz' vacate

motion, that's going to be coming up and we are just getting word that democrats expect four absences, maybe five, and then you start doing the math of how many, you know, equals a majority of the house, and basically it becomes 5 or 6 that mccarthy could lose. so the interesting thing about that question, aishah, is that, you know, the rules say that you could go outside of the house of representatives to find a speaker to be a candidate to put up for a vote. so, conceivably it could be somebody who is not a current congressman or lawmaker and that opens up the whole different can of worms. >> aishah: we know that matt gaetz doesn't want it, he told reporters last night when they asked him, what about you, he said i don't want it, 100 other

people to make good leaders but still no names. john. >> john: i think the general consensus is the motion to table is going to fail, so they probably will proceed with the motion to vacate the chair. the big question is, well, other than the integrated calculus that you have to do with the number of democrats who may be absent or vote present or whatever, is how many people matt gaetz will actually bring along with him. i know byron donalds has suggested that, you know, dealing with the leadership and the republican conference is something that needs to be looked at, don't know exactly where he's going to come down on it, he said last week when he was talking about it that they wanted to get the funding aspect of the government figured out first, but could some last-minute momentum swing in mccarthy's direction and is it possible that matt gaetz may find himself more ostracized than he thinks he might be at the moment. >> bret: 100%. and if it does fail, there are

already calls for all kinds of action against matt gaetz based on ethics investigation, there's others saying he should be kicked out of the caucus, including newt gingrinch, former house speaker who said something about that effect today. i should point out, a couple of representatives on the gop side who are absent, representative luna because of a newborn, carter from texas because of health reasons, so basically what's happening behind the scenes here is a massive whip count to see where people are, what their emotion is, whether they are teetering. there are a number of republicans undecided whether they are going to vote for this motion to vacate, that's what they are telling reporters and there are some who have already made the decision they are going to vote for that. so, you basically have roughly ten people that are in the undecided or at least publicly undecided and those are the people that are going to decide

the fate for speaker mccarthy this afternoon. >> aishah: it's interesting the timing of this. house leadership had two days to bring it to a vote, they immediately brought it up today. i think senator dianne feinstein's funeral probably had something to do with it, making sure people are here and not in california. we will take a quick break, we'll bring you any breaking news as soon as we get it. this is american infrastructure. megawatts of power, rails and open road, and essential services of every kind. all running on countless invisible networks, making it a prime target for cyberattacks. but the same ai-powered security that protects all of google also defends the systems running america's infrastructure. for these services. for the 336 million of us living here. ♪ dry skin is sensitive skin, too.

and it's natural. treat it that way with aveeno® daily moisture. formulated with nourishing, prebiotic oat. it's clinically proven to moisturize dry skin for 24 hours. aveeno® veteran homeowners. are you applying for a car loan? the monthly payments can be expensive. with an affordable home loan from newday, you can pay cash and own the car or truck of your dreams. ah, these bills are crazy. she

has no idea she's sitting on a goldmine. well she doesn't know that if she owns a life insurance policy of $100,000 or more she can sell all or part of it to coventry for cash. even a term policy. even a term policy? even a term policy! find out if you're sitting on a goldmine. call coventry direct today at the number on your screen, or visit coventrydirect.com.

fox news alert, an historic kay. we are expecting any moment now to be a motion for the motion to table the motion to vacate and if that is defeated, then the next big vote would be motion to kick kevin mccarthy out as speaker of the house. for more on this, jason chaffetz, former utah congressman and fox news contributor. i don't know if you got the over and under on this, jason, how do you think it's going to go? >> i don't know. the craziness that is congress. with such small margins, one of the things coming back to haunt speaker mccarthy, let's hearken back for 100 plus years, only one person could bring a motion to vacate, but then mark meadows

got ahold of that, and pushed out john boehner. when nancy pelosi was speaker, she changed, you had to have the majority of the members in order to vacate the chair. but one of the things kevin mccarthy agreed to to become speaker is to put that threshold at one. personally i think that's far too low. it should be 20 or something that can grind the house to a halt and have this vote. nevertheless, who knows -- this vote on the screen is a different bill, this is not the motion to table. but members are still trying to figure out how they are going to vote on this one. >> john: i'm being told that we are expecting any moment now for speaker mccarthy to be walking over to the house, so we have chad pergram on hot stand by, so the second mccarthy walks out may have to jump to him. >> aishah: jason, it's aishah. you were oversight chair, did some pretty important work on

capitol hill and important work going on now. we are also under a deadline, another government funding deadline, less than 45 days to pass 12 appropriations bills through not only the house but the senate. a lot of work to be done. if there is no speaker, everything freezes, it comes to a halt. can you talk about how important that is to keep in mind through all of this, like capitol hill has to work to get the work of the people done. >> this is a massive distraction, not only for the funding of the government but also all the investigations and everything else that's going on is obviously coming to a halt for this. i don't understand the end game. you know, there was an offer on the table to cut the discretionary portion of the budget and add border security and when the few people said no, even that's not good enough, i thought that was wrong. i thought that was the wrong

vote for them. keep in mind, i'm very sympathetic to the idea that they did not go through regular order as kevin mccarthy had promised with the appropriations bills. but, there is no end game in mind. they have no replacement. they have nobody that they can point to who can garner that many votes, and i just think you ceding control and microphone over to the democrat, and i don't understand what the republicans are doing. i think it's a total distraction, it is a small minority but the margin is tight, they've got the ability to do it. >> john: so do you think that this small minority as you describe them may be thinking what you are thinking, well, if we kick out mccarthy, who can possibly garner the number of votes necessary to become speaker and if they can't, then that potentially opens the door for a democrat? i know it's a long shot, but potentially opens the door for a democrat to be speaker and the end game is not clear, so let's

not go down this road. >> well, yeah, you could have a -- you could have a dozen republicans who maybe are a little more centrist who say hey, we have to get on with this it so we are going to vote for somebody else you don't like. again, there is no end game to this in their mind. they have no solution to this, and to bring it to this point and to actually do this -- now, i think the motion to table might fail, but the motion to vacate, that also might fail. you could have members that vote both ways and then life continues on. that is a likely scenario. i would not say likely but that is a plausible scenario moving forward but we are in unchartered territory. i think it's far too personal for about a dozen members who need to step back and understand that they may not like kevin mccarthy, they may distrust kevin mccarthy, they may want somebody else. but unless you've got a game plan, back off and allow the republicans to continue on. that's just my opinion.

>> aishah: really quickly, jason, a statement from matt rosendale of montana, he's going to vote to vacate the speaker, and says kevin mccarthy violated his promises to the american people and the conference, by working against them and voting to aid the left. these few people bringing this motion to the floor do have fair grievances with the speaker. they do feel like he hasn't been playing ball with them and fulfilling the promises that he made. so, is there any way out of this cul-de-sac as chad pergram likes to say to where the speaker could reach out to the folks now in the final moments as he did in january and say look, i am going to get these things done, give me some more time. would that work for them? >> i think the trust i