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>> harris: we are keeping a close eye on key congressional races. republicans have officially won the u.s. senate majority. however, the balance of power in the house, the house of representatives which had a very slim majority going into election night for republicans is still in play now. if republicans gain pick up their former president donald trump will not have only won the presidency and the popular vote but he will be entering the white house with total party control of congress. a president-elect with bicameral majority in congress can get a whole lot done, as this country has seen. this is "outnumbered." i'm here with emily compagno and kayleigh mcenany. also leslie marshall, and ari fleischer fox news contributor and former white house press secretary. last summer we watched

president biden address the nation about the results of the election. >> i spoke with president-elect trump to congratulate him on his victory and i assured him that i would direct my entire administration to work with his team to ensure a peaceful and orderly transition. that's what the american people deserve. yesterday also spoke spoke with vice president harris. she has been a partner in a public servant. she ran an inspiring campaign and everyone got to see something i learned early on and respect so much, her character. she has a backbone like a ramrod. great character, true character. she gave her whole heart and effort and she had her entire team should be proud of the campaign they ran. i've said many times you can't love your country only when you win. you can't love your neighbor only when you agree.

something i hope we can do no matter who you voted for his seizure not as adversaries but as fellow americans. bring down the temperature. the road ahead is clear. remember a defeat does not mean we are defeated. we lost this battle. the america of your dreams is calling for you to get back up. >> harris: he can say all of that put people in his own party and some in the liberal media are trying to blame him for vice president kamala harris's election loss. despite the less coordinated effort to push biden out of the race, so we have heard, we are seeing headlines like these. dems rage against biden's arrogance. biden gets blamed by harris allies. the headline "republicans."

he seemed to take much more of the high road than some of the party are doing as they blame him. what you think of all that? i know it is palace intrigued with the public is watching all this after voting. >> ari: first and foremost, he has amnesia. he forgot how the democrats created donald trump in 2017, the resistance a and the attempt to overturn the election. everything he said his platitudes. it's not backed up by the actual real behavior of democrats last time trump came in. let's see if they behave better this time as trump is coming in. but as for biden's role in all of this, the problem the democrats have is they have the two most unpopular democrats you could imagine, joe biden and kamala harris on the ticket. biden had to drop out because he was so unpopular. harris turned out to be worsened biden which is pretty amazing.

you look at how donald trump fared, the numbers he got. he won the popular vote. democrats have a party that is deeply out of touch and to begin with joe biden. he should have been a traditional president as he promised to step down after one term. democrats should've had a contested primary to test who's best to take trump on. they blew it because biden blew it. >> harris: leslie, i know on your radio talk show and being a fox news contributor and strategist, you probably have some thoughts about why what ari just mentioned didn't happen. why didn't they have a contested primary? the country could see biden was struggling. now we know some of the backstory about former president obama not being happy with him being on the ticket even at that point now we are starting to k kind of fill in se blanks. why did they wait so long to help him do what they wanted him to do? >> leslie: there is so much to unpack and i wouldn't have the time to do it all.

i always say, i think a lot of people say and i agree with me "can't wait till the election is over." i don't like the blame game. i really don't. i teach my kids if you fail on a test look at the problems you got wrong. go to a teacher. go to a tutor. try to get them right the next time. elections, and ari has been closer, working in a white house. sometimes republicans win, sometimes democrats win. i don't feel they should blame joe biden. joe biden did beat donald trump in 2020. i think he and many of the democratic party felt he could do it again. when they were saying that the approval rating dropping, one, you can't just believe all the numbers. all the predictors were wrong in 2016 and now. >> harris: you said that at the time. i didn't hear you rah-rah over

kamala harris. >> leslie: i wasn't fan of the process. everyone is going to hate me for saying this. people are like, are you crying? no. i did in 2016. i was more of a fan of hillary clinton as president than kamala harris. i think she ran a great campaign in 107 days. that woman deserves a medal for that but i do feel that my party missed three key areas when you see the polls and we saw these the people care about. the economy, crime, immigration. i do feel -- i'm sorry -- i do feel this country does have problem with a woman in power. i want a woman to run this country. >> harris: just not this one. >> leslie: that's not the majority opinion. the majority us even though the economy is robust, people aren't feeling it. i always say that it's what the

voters feel versus what wall street reports. and what media is reporting. >> harris: is it that hard inside your party, you say people are going to hate you. is there acrimony? it looks like that's behind the scenes when what we are hearing with the two camps, the biden camp in the kamala harris camp. >> leslie: look. any time i open my mouth on national television, somebody doesn't agree. or says something bad regardless of what side. i ignore it. people are soul-searching and saying what do we need to do? republicans did this when the democrats had incredible numbers in the senate and the house and obama in 2008. republicans stated then. we are doing it now. it's part of the process. >> harris: we always have plenty of christmas cookies for you. >> kayleigh: the economy is not the most robust in the world. i get your point about how voters feel.

our fox news voter analysis between 60% and 90% of voters thought the cost of housing, gas, and food was too high. another fact and i don't often say this but i agree with marie harf on this, she thinks biden couldn't have won, kamala couldn't have won, someone outside couldn't have won. the structure was so deeply set against democrats. we also learned in our fox news poll the retrospective approval of the whole trump was about 50%. the question about, had he delivered and had he been tested was about 50%. voters remembered better times. i just want to say because i think it's important about the biden remarks that played, biden was very gracious. biden did not seem angry, did not seem better. i have my money on kamala sounding that way yesterday. biden had the remark about that

neanderthal remark. he wasn't. kamala to use the word fight, often. biden set a much different tone and i want to commend him because it was very well done. thought he would have a chat with his vice president. >> harris: waited for that. >> emily: two things. since we ended on the speech, my two senses that the struggle for the soul for america which he brought up early onset has been an occurrence it's the inception, i take fault with. i think it's untrue. i think that was a remaining tendril from the narrative we heard this entire time which is that somehow we are fighting for good versus evil in the fabric of america when in my opinion the opposite is true. america is pure and beautiful and everything founded on it is absolutely incredible. i think try as he might there was a little left over from the narrative of, if you vote for donald trump, the sky will fall

if he gets into office. my thought about the blame game for biden is that it's interesting to me because i see it as such a myopic viewpoint. everyone is only pointing at the campaign. what about the policies? what about the presidency? to me the fact that everyone is looking for, who are we going to blame? biden. didn't get out fast enough didn't campaign hard enough. no. it was the presidency that was their doom there was no motive campaigning, to the point that you were making, our colleague said there's no motive campaigning that can rectify or correct the policies that led to the destruction of so many americans' faith in the democrat party in this administration in particular. you talk about box checking and gender identity, all that is reflected in those numbers and data points which were overwhelmingly in all groups for president trump and plummeted for kamala harris. >> harris: think we found out just by the wrong numbers of people who had early voted.

that's why we don't have the count on the house yet. it was 84 million on monday who had voted by then. what's interesting about that is while all the things were going on, a lot of people had already voted with the garbage comments in her trying to turn positive. it was kind of too late. too little, too late. the harm early was done more to her than trump further if you are voters that were to vote on election day. millions. we had a robust turnout in this country. vice president harris has conceded the race but vowing to fight. what does that look like? that's next. and retirement savings. presentation looks great. thanks! thanks! voya provides tools that help you make the right investment

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>> kayleigh: vice president kamala harris finally addressed the american people in her concession speech. it was after her defeat by president-elect now trump on tuesday. she did this yesterday. while she did concede the election, listen to this. there was a word i kept hearing her say over and over and over again, and i want you to hear it too. >> in our fight for america's future. fight, fight, fight, fight, fight, fight, fight, fight, fight, fight. i am here to say while i concede this election, i do not concede the fight that fueled this campaign. >> kayleigh: emily, i was keeping a tally yesterday. i noticed fight, fight, fight, fight. you heard it. another line she used was "we do not hold loyalty to a president or party but the constitution of the united states."

that is a factually true statement but it comes in the context of a party saying we would never vote again of donald trump won. mood would lose -- we would lose our civil rights of donald trump won. she said we would help with the transition. that was gracious. you could not miss the "fight, fight, fight, fight." it was not the hillary clinton acceptance speech which was gracious where she said "i want trump to succeed." >> emily: totally right and the second layer was leaving any bit of specificity as to what she is talking about. i'm not saying this to be harsh but to be honest, it sort of smacked of a community college professor speech, maybe even high school rally speech. i was struck by the oversimplification, total generalization and lack of actual substance. i noted to myself that even her behavior where she would say a line and then erupt into a manic

smile as though that would land her the 10.0 from the dodgers. i was thinking, "what are you talking about?" fight for what? voters owning the sacred right and reclaiming power for themselves instead of the bloat of an administrative state and over regulatory state. i'm not quite sure what injustices or wrongs she's trying to correct there. fight for what? why and how and i just thought all it seemed what i was left with was the feeling i had by the speech which was total angst, rabble rousing and conciliatory was nowhere on the list. >> kayleigh: i think you hit the key question. what does that mean? i saw a tweet this morning, you remember adam kinzinger. he was on the generally six committee, he's a commentator, it used to be a congressman. i saw this tweet. "after last night i have taken a

long look and made a decision. i am doubling down. we will protect democracy and never give up." never. i'd love some footnotes on what any of this means. the american people just delivered a mandate. trump won the popular vote for republican president for the first time in 20 years. please give us details, adam. >> harris: i don't think it takes a lot. it sort of like when you done everything you can and people still hate you. they hate you more when you succeed because you didn't fall. it's pretty simple sadly. the fight, fight, fight is like when kamala harris said i'm going to raise taxes on tips too. she would sort of parent along the way this election season and it was short with her in it, thinks he was trying to do, talk about social security. he wanted to take taxis away from there, so suddenly on the platform you start to your

surrogates and kamala harris a little bit but mostly surrogates talk about how donald trump is going to ruin security. that didn't come up and still they started talking about not taxing it and raising the age for security was the thing that they keyed in on. not realizing the reason they are hurting so much of the pocketbook and why they need a break in taxes, things that are budget constricted, social security, because you've overtaxed the people with something called inflation. that extra tax. the "fight, fight, fight" was. parrot. we know what he means by that. i'm going to fight for what i've told you i believe i'm going to do it, i'm going to fight, fight, fight. in that moment, you knew what it was about. the reason you don't know for hers because she doesn't know what it means herself. she doesn't mean it. >> ari: let me be the contrary

in here. i have no problem with what kamala harris said. in 2021, donald trump didn't give up the fight. he was defeated and kept going. fight for -- fought for what he believed in. harris has that same right. any time a presidential candidate loses, there's nothing wrong. so saying i believe in i am, i believe in what i fought for and i won't give up the fight. >> harris: do you know what she is fighting for? >> kayleigh: this meant to a destination attempts. >> ari: she has already been vulnerable. one of the reasons she lost wish he had no specificity. >> harris: so what is she fighting for? >> ari: structurally she has a right to come out say don't give up the fight. this is politics 101. >> kayleigh: i get that but i appreciated biden's words today. i really did. that must not of been easy. but he didn't use the word fight. in fact he talked about lowering the temperature. i appreciated that as an american parent, harris used

"fight." this is news right now. we have governor newsom who's called a special session. he wants to fight the trump policies news put out statements from several people in california, the attorney general, the speaker. "ready to fight harder than ever for the opportunity." there's no mistaking the word seems to be an intentional choice. after two assassination attempts. >> leslie: i'm a democrat and i will fight as an american for what i believe is best for my children. i don't consider that the same way you do. we take the word differently. women fought for the right to vote. martin luther king jr., reverend, fought for the right for every person of every color to be treated equally. there are so many people throughout history that fought, you know. i don't have a problem -- >> harris: is there another word -- [all speaking]

i just think they pull test of that word and they figured. he's the most recent famous example of that. i think this is fair to also look at this work. >> kayleigh: i will let the audience decide. should they use fight or move on? i believe that with you. the ap can project that democrats denotative has won reelection to the u.s. house in nevada's 1st congressional district. titus has defeated republican mark robertson. retired army colonel. she served seven terms in congress. this is not a pickup in either direction. the ap can project republican jeff heard has won colorado's third congressional district keeping that seat and republican

control, not pickup, that was securing a seat. here's the balance of power in the united states house of representatives, 192 democrats, 206 republicans. speaker of the house mike johnson remains confident. we will keep you updated. hopefully we can make a call in due time. vice president harris is vowing not to give up then neither is new york attorney general letitia james. more on that next. im to the farmer's dog, it's changed his quality of life. leo's number 2's are really getting better. better poo, better you! that's a good boy, leo! ♪ maybe i'm foolish, maybe i'm blind ♪ ♪ thinkin' i can see through this and see what's behind ♪ ♪ 'cause i'm only human after all ♪ ♪ i'm only human after all ♪

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>> emily: trumps's election won. the judge considering throwing out the felony conviction. manhattan supreme court justice juan merchan on has already delayed sentencing until after the election and has given himself until next tuesday to decide if the conviction against president-elect trump still

stands. new york's attorney general with teacher james is not giving up, vowing to step up and fight the next trump administration. watch. >> we did not expect this result. but we are prepared to respond to this result. my office has been preparing for several months because we've been here before. we have faced this challenge before. and we used the rule of law to fight back. and we are prepared to fight back once again. because as the attorney general of this great state, it's my job to protect and defend the rights of new yorkers and the rule of law. and i will not shrink from that responsibility. >> emily: forgive me while i laugh for a second. i live here. i think shrinking from the rule of law is exactly what i've seen

every day. what exactly are our last conversation is she talking about and what do she mean when she says "fight against this." i don't understand. what seems to be a personal vendetta. >> kayleigh: with teacher james tried -- lit she should james -- letitia james lawfare tried. we can't find a similar suit against a crime that was victimless. she tried this and the clinical reason was it was politically motivated. she called trump, man. what she is doing now is exactly what gavin newsom is doing, exactly what, here is to yesterday. they all want to be the leader of the resistance. they are all positioning themselves to take the mantle of the democrat party. i don't think this works. we will see and i would say

mark levin, if you want an analysis of this, did a brilliant tweet that said states do not have this reverse federalism authority to indict a sitting president. doj policy very good. if you want analysis, go to mark living. >> emily: an additional point of confusion, it's my understanding that attorneys general and the like serve at the pleasure of the people. was made clear by the results on tuesday how the american people feel about crime on their streets and the stewardship of their tax dollars? the responsibility for such. cleaning up streets and criminal behavior. it's not personal vendettas. not watching someone get on their soap stand and talk about fighting for something that really doesn't exist. we are so exhausted by it. doesn't she get that? >> leslie: you can't say somebody's going or not be charged because people voted for them. however when it's the president of the united states the democritus justice is very clear. it's different than the mayor of new york, different from city

councilmember. i've been told by a lot of my lawyer friends in california if he wants to get rid of his legal troubles he's got to win reelection. and he did. that will get rid of his legal troubles. >> emily: may be i am biased since in my purse i carry pepper spray, taser, i carry a lot of things since i live in new york city. in my daily existence, i am exposed to rampant lawlessness and crime on the street. i'm hearing the attorney general talk to me about killing the beast, destroying the beast that has no existence here. it's a sham on her part. >> ari: those remarks are frightening. for a sitting attorney general to say her office was preparing for the results of this day. preparing for a person to get elected? no, when you're the attorney general you're prepared to prevent crime or prosecute criminals but you don't prepare for the results of an election you don't like. that's frightening transgression. as for the judge in this case i will believe it until i don't

see it. i don't trust the judge waiting for the sentencing to come down in the municipal case, the county case. i don't trust for him not to say he's convicted, going to sentenced to two years in prison. he will begin on january 20th 2029. i do not trust the criminal justice system in new york. they are anti-trump, out to get him and the governor of new york made a statement last week saying conservatives should leave new york. they are not welcome in new york. new york is a corrupt state when it comes to the leadership. we saw it. >> harris: what to do with the voters who voted republican. the differential between her and biden shrinking, he won new york by far more many democrats. i'm not going to say it's not a blue state. there are pockets that are very red along the shore. what you do with the voters. that's as contemptible as

calling them deplorable in garbage. you want everybody to leave? >> leslie: i want republicans in new york to fight, fight, fight. >> ari: michael lawler. it's still a really uphill for republicans but at least we are talking about it again. >> harris: i want to steal something from leslie because i do think this is true. democrats, the whole country, but democrats have to leave on -- lean on this point. show the rest of the country what it means to do exactly what you said, turned the corner on this and get ready in your party and for the country what it looks like next to fight or whatever the heck you want to call it. >> leslie: i think we already have. there's a phone call there's a concession. no storming the capital. >> harris: he's doing the right thing. he took the high road. some in your party are not.

will they do that? really for the betterment not just of the country but your party. >> emily: 's we talked about yesterday part of the effectiveness because it's true, of donald trump's candidacy and campaign, he said it's me now but it's you next. it's us next. we have seen that already. letitia james in her speech was an example. the trump administration transition has started. who are the top contenders that could end up in his cabinet? that next. the freestyle libre 3 plus sensor tracks your glucose in real time, and over time it can help lower your a1c. ♪ this is progress. learn more and try for free at freestylelibre.us ♪

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>> kayleigh: jockeying for administration jobs in the trump administration is underway. president biden has invited trump to the white house to discuss the transition. that's going to happen soon we are told. there is growing speculation around trump's potential cabinet picks. we will let you in on the

latest. i want to start here, ari. the most important thing is chief of staff. that's most immanent because as you know a chief of staff has all kinds of input not just in west wing jobs but cabinet jobs as well. when we put these up, there are more contenders than what we are showing but these are some of the most commonly discussed names. speaker of the house kevin mccarthy, brooke rawlings was a former colleague of mine. she is an immensely talented woman. susie wiles is the name that keeps coming up. she is responsible for this massive victory trump had come a lot of people say she's the obvious pick if she wants it. talk about the importance of this role. >> ari: i love the transition. i was on the campaign in 2000, so i was part of the transition. moved to washington before anybody knew who won the recount. it's gigantic personnel machine, that's really what it is and you're right, chief of staff needs to be selected first.

very hard to organize things without a chief doing it. you also want the new people hired to know who the chief's so they learn how to salute the chief from day one. that's part of a good, disciplined white house. it's a lot of fun to be part of this, one last word. people who tell you who is in the running for which jobs usually don't know. people who do know don't talk. i tend to ignore the names until an official announcement. >> kayleigh: that's true. so many names not on this list. the names that we are hearing the national security space our list of highly qualified people. ric grenell is one of them. he is a long track record with the trump administration. he was working on serbia and kosovo when i was there. national security there as well. robert o'brien, kash patel. mike waltz, decorated green beret. these are people who i have no doubt will be bullish against iran, understand our allies.

>> harris: if you don't mind i'm going to cede some of my time to ask you about this. for continuity sake how important is it for you to bring back people from the previous administration? normally they are consecutive. very few times in history have we seen nonconsecutive. >> ari: about president trump, let's say i never left office, i won. do i keep my people on or my happy to have everybody resign and make new people applied? you might want to think of it like that. if there were people who served him well who were loyal to him and good at their jobs, ask them to come back. they were there the last day and they are there the first day. or he brings in new. >> harris: robert o'brien. i've heard you talk about how many hostage situations he brought about positively and i think that's probably a guy that you want on your team. >> kayleigh: robert o'brien was the guy responsible for releasing all these hostages, hugely important role. emily, as you described this.

one person that comes to mind, mike pompeo. may be secretary of state again. and then you have attorney general. i think this may be the most important pick. here are some names. matthew whitaker, john ratcliffe, i think this pick is so important because you nailed it yesterday, i want this to signal that lawfare is dead. we will no longer prosecute pro-life individuals in front of clinics like the biden administration did. >> emily: that's right. yes mike pompeo, extraordinary individual. all of those absolutely appropriate candidates and yes that is americans hope in these elections. what are we going to see differently this time around with this transition. what will be different for president trump this time around do you think? other than the obvious that he's coming in for a second time. >> kayleigh: gut instinct. i remember an oval office meeting and it was clear to me.

dr. fauci and health experts were sent we've got to keep the country close. president trump was about to storm out to the rose garden and announced that the country was open. he understood what it meant for small business owners. businesses were shutting down. in a second trump administration that instinct would lead the way. these picks are people who i think will understand the gut and understand there is one duly elected president, as don jr. said. >> leslie: i don't really know what to say to that. i think any president should put people around them that they trust and people that are going to help them with their vision and their goal for what they promised the american people that voted for them to put them in that position. i think there are some names and certainly i am not going to be in the cabinet. there's a lot of names out there that i don't see and i think some of these people have been champions of the incoming president. vivek ramaswamy. i don't necessarily think we

will see others. in addition to names like elon musk, rfk jr. >> ari: vivek might be a fascinating choice for press secretary. >> kayleigh: he is a sharp communicator. there's also leading the transition. having been part of one, talk to me about how important these individuals are. you have eric trump, don jr. tulsi gabbard, rfk, you want elon musk, an outside advisor who sent rockets to space. >> ari: they are going to be as important as president trump allows them to be. saying you are the first filter, give me the three best resumes. that's how important that they will be. the real role as they are going to have everybody saying this person, that person. they've got to be the filter. the ones who say mr. president, here are the five best. understanding president trump is going to have people in his ear.

they might say here's five and add these two because i say so. that's how it's more likely going to work. >> kayleigh: i think you are exactly right, ari fleischer. we have another call, the ap can project democrat laura galen won election to a u.s. house seat representing new york's 4th congressional district defeating incumbent representative anthony d'esposito. the new york house seats are important giving the republicans a majority. this is a flip, big deal. democrats have picked up one more seat on the road to who controls the house. here's the balance of power. you are looking at it as it stands 193 democrats, 206 republicans. they keep coming by the minute. we'll keep you updated. coming up, how vice president harris killed the celebrity endorsement. thank god. next.

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>> president-elect donald trump gets at the business of the transition. who will be joining him to implement his agenda? one of the top contenders, senator marco rubio, joins us. the list includes a lot of undoing. can he get it all done? stock market gives a big

thumbs up as the fed prepares for another rate cut. what does it mean for you? what do the mullahs in iran think about eight trump return to the white house? i'm john roberts. join sandra and me at the top of the hour for "america reports." see you in about eight and half minutes. >> kay>> emily: celebrities were front and center of vice president, harris' campaign. >> kamala recognizes this country is at risk. >> it's entirely possible that we will not have the opportunity to ever cast a ballot again. >> this is the most important stage i've ever been on. >> so proud and grateful to have been invited here by the next president of the united states of america. kamala harris. >> i cast my vote for someone who will be a president for all. >> i am bruce springsteen and i'm here to support kamala harris and tim walz. >> emily: the reality is opera

and cardi b and clooney, they de ballot box. is this liberty endorsement i think of the past and politics. they are post op-ed writes "when a majority of the electorate overwhelmingly says the country is moving the wrong direction and they are being financially crushed by inflation, don't bother with policy. just offer them a song sung by a rich person, they say. preferably a very rich person with mansion who can lecture them on how to vote. every person who ever attended the "vanity fair" oscars after party came out for her. they stumped, knocked on doors and posted all about it on social media for virtue points. the reality is i am ad-libbing this part but not this, that voters saw right through it. >> i have said sitting here a month ago that endorsements don't matter. it doesn't matter if it's a former president, doesn't matter if it's a rock star, or

republican. if those celebrities didn't come out, she still would've lost we look at the numbers. 18 million people clearly state home. i have said it before, these people would have voted for her whether they campaign for her or wrote a song for her. republicans have rock stars and athletes on their side. those i still maintain have nothing to do with why people come out. taylor swift got people to register to vote but if they don't vote, doesn't matter. i don't think she killed the celebrity endorsement. i just think endorsements really don't matter and they are making a bigger deal of the endorsements. >> emily: the argument is donald trump, not necessarily celebrity endorsements they emphasize the mainstream endorsement. besides the only time endorsement matters in politics is if it's a giants prize. it's no surprise hollywood

support democrats. you always follow the wrong things in politics it don't matter and don't move voters because the press is very bad in understanding american people in american politics. the endorsements are meaningless. >> harris: it's tough for the last because they are used to the liberal media helping. when liberal media makes a lot of fanfare over somebody you think okay, that's a friend in the house, let's do it. is why you saw nbc willing to risk violating the fcc rules to help her out. anyone who doesn't think that happened, look at the fcc. trump got 90-second free commercials in nfl games the night before the election and nascar. you get a taylor swift endorsement, probably one of the most loved and named people on the planet, and that doesn't help you, what would? >> kayleigh: i think the joe rogan endorsement was big but not the others.

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♪ ♪ >> well, we are waiting on several key u.s. house races, so important to know who will control that particular part of congress on capitol hill, so we got three calls on house members just this hour. we are still watching as those decisions come in. and moments from now the white house press briefing. press secretary karine jean-pierre will be up there and this is the first time that we will have a white house press briefing since president-elect donald trump won on tuesday night, so a lot of questions, no doubt, for her. thanks so much for watching. now here is "america reports." mesic musical. >> i spoke with presiden