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>> kayleigh: shocking testimony in the laken riley murder trial revealing that the illegal immigrant charged with her murder landed in georgia -- listen to this -- thanks to a taxpayer-funded flight. that's your money. it was from the biden administration that he got this free flight and went down to georgia. the flight occurred fewer than six months before ibarra allegedly hunted down and killed 22-year-old laken riley, and yet, despite the biden administration's failed policies to keep our border and loved ones safe, democrats are vowing to fight president-elect trump's border crackdown. hello, everyone. this is "outnumbered." i'm kayleigh mcenany here with my cohosts, harris faulkner emily compagno. joining us is karen frederick and charles payne, host of "making money" on fox business. we begin with ibarra's roommate testifying that jose ibarra was given a free ride to a fancy new york hotel in georgia on a

biden administration sponsored flight. he was at the roosevelt hotel and takes a flight from new york to georgia where he allegedly kills laken riley. >> and how did you get to athens? >> [speaking spanish] >> interpreter: in new york we asked in manhattan, and hotel roosevelt in manhattan, we requested for humanitarian flight to come here to atlanta. >> kayleigh: a humanitarian flight. isn't that nice? well, once in georgia, prosecutors say he "went hunting" for females, and allegedly murdered laken riley. stories like hers are the driving force behind president-elect trump's mass deportation plan, but democrats

are vowing to resist it, to fight it, and are apparently more concerned about protecting illegal immigrants then your daughters, your sons, your families. >> we will not be participating in misguided efforts that harm our communities, and i have been incredibly clear about that. >> if the trump administration requested, with the massachusetts state police assist in mass deportations? >> no, absolutely not. >> the president-elect, former president trump, his threat is not just towards new arrivals and undocumented families. we are going to protect undocumented individuals. >> when people talk, especially elected officials, about the issue of undocumented americans, one thing that we can say is that we agree. being undocumented is a problem, but our solution, instead of turning the military on our own

people, is to document them. to document the undocumented. >> what we can do is make sure that we are doing our part to protect our residents in every possible way, that we are not cooperating with those efforts that actually threaten the safety of everyone by causing widespread fear and having large-scale economic impact. >> kayleigh: said the mayor of boston wants to protect residents. oh, wait, citizens like laken riley were not protected down in georgia. emily, fancy flights is what our taxpayer dollars went to. fancy hotels, our taxpayer dollars went to. laken riley's family is a taxpaying family. their taxpayer dollars went to enabling the murder of their daughter. i know that sounds harsh, but these are taxpayer dollars that enabled a murder. >> emily: our taxpayer dollars. the government has no income other than our taxpayer dollars, and the reality is that, much like forensic accounting and other crimes and other

litigation, you can actually trace -- just like we traced ghost guns, everything ultimately from the seed of fraud, from the seed of crime, from the seed of someone saying nothing to see here, it is traceable, and the butterfly effect israel. frankly, when life matters, just as much as hundreds of thousands and millions. so the fact that the mainstream media has been complicit in covering this up, i have on my phone a collection in preparation for this show of notes, where nbc called it and founded lies. the aclu said lie after lie. the verbs used about president-elect trump talking about the porous southern border in the direct impact on crimes and drugs in our communities and individuals like laken riley, the rampant crime has been brushed aside, downplayed, and called outright lies for now four years. this is why the american people stood up and said no more, because they saw it their own eyes the rampant crime in their communities, the ghost flights, the other flights, the lies by

the biden administration of where our taxpayer dollars go, and other collateral damage is under retrievable. because the collateral damage is lives like laken riley. >> kayleigh: who fought for her life for 18 minutes, which we know from the watch she was wearing. i will pull up a picture of aoc, at the border. she is dressed in all white, crying tears during the trump era. where are her tears for laken riley? where is the gusto from president biden to call laken riley's family? he was prodded into saying her name at the state of the union. these tears need to go to american citizens. >> harris: lets show up on capitol hill together as "outnumbered" cohosts and ask her. i think you have to confront people to get an answer and she is an elected official, so the press coming to her shouldn't be a problem. i will say this, we had another california mayor on today, will o'neill, in newport beach. he was talking about people they catch on boats and he is always

so relieved they catch them out on the water. because if they make it to california, their laws protect them more than they do the u.s. citizen. that's what he said. he said they are given protection from anybody being able to deport them or know anything about them. he said people have forgotten, even nancy pelosi's husband, paul pelosi, was attacked by someone in the country illegally. i mean, he had a lot to say last hour. i respect what the american people have said loud and clear, and they were answering back to an offer by then-candidate donald trump. back in january he was saying it, he's going to use the illegal aliens act of 1798 to get rid of people in this country expeditiously. you can look at the litmus test that everybody had to pass under obama, and that was, if you committed another crime coming to this country after breaking illegally, he would deport you, and he did. got the nickname deport

or-in-chief. trump has to keep the promise he made to american people and people are expecting them to do that and even some democratic mayors would like for him to get rwith it. >> kayleigh: the mayor of boston, then you have the governor of massachusetts, governor healey. they are all saying we are going to buck the trump administration. let's pull up this ice.gov headline. this is biden's i.c.e. "arrests colombian citizen charged with sex crimes against child." "local jurisdiction refused to honor immigration detainer and released noncitizen back into the community." this is their community, and they can't find it within themselves to say, let's get the criminals out. >> charles: almost every one of those sound bites, you are them saying all these elected officials are going to protect our citizens. someone who broke into this country illegally is not your citizen. they committed a crime to get here. i understand why everybody in the world won't want to live in

america, but we have rules to gt into this country, and when i see these kinds of attacks, to a degree we have to say these elected officials are aiding and abetting. they have aided and abetted these crimes. these horrific crimes. they are part of it. they have allowed it to happen. they have encouraged it to happen. they put up a sign saying welcome, if you can get into my country or city or state, i'll protect you. they are culpable, as culpable as someone robbing a bank and the getaway driver. they are as culpable as that person. you think about some of the things that they do and used to try to say this is okay, there is a report that circulated this year about how illegals in this country commit few crimes. but if you look at the report and take out folks who came here from asia on college visas out of the picture, the number swelled. we know where the criminals are coming from. we know who the criminals are. why do we keep letting them into

this country? >> kayleigh: meanwhile, you have democrats saying "i will buck trump for 500." i watch them say i'm calling your bus. >> we are going to do it. we will send 200 agents to boston. we are going to get the job done. we have a mandate. >> kayleigh: you don't want 100, kara, we will send 200. >> kara: i love this man. heritage affiliation, i want everyone to know he's got heritage in his bio. he's wonderful. the point is these democrats who are saying we are not going to pay attention to this, they are subverting the will of the american people. we know that trump has been given a mandate to do this, and i'll say it, mass deportations, that's what people voted for. people voted for the economy and for the immigration issues. it just lays bare the bankruptcy of the biden-harris administration policies. they are not working. this is a humanitarian crisis. we know the biden administration has lost track of tens of

thousands of migrant children. >> harris: hundreds of thousands. >> kara: yes, and national security crisis, crisis for women and girls, as we've seen. so get tom homan into cleanup. he's going to be the border czar and he's going to claim it because he's going to take a responsibility. >> charles: and he's going to do a hell of a job. >> harris: 300,000 is what they admit. >> kayleigh: tom homan is going to get the job done. finland and sweden are not telling their citizens how to get ready for a nuclear armageddon as biden is accused of potentially starting world war iii. ♪(voya)♪ there are some things that work better together. like your workplace benefits and retirement savings. presentation looks great. thanks! thanks! voya provides tools that help you make the right investment and benefit choices so you can reach today's financial goals. that one! and look forward, to a more confident future. that is one dynamic duo.

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>> emily: breaking news out of the war in ukraine, fox news can confirm that ukrainian forces have struck russia using

long-range u.s.-made missiles. president biden approved their use just days ago. now russian president vladimir putin is approving a revised nuclear doctrine that lowers the threshold for a nuclear response. meanwhile, our nato allies, finland and sweden, are now telling citizens to prepare for war. sweden at with this new video informing residents on how to stockpile food, baby food, medication, and how to seek shelter during a nuclear attack. sweden also sent out more than 5 million of these pamphlets there on your screen, and finland posted one on its website both urging citizens to prepare for the possibility of war and how to prepare for such. threatening to veltman's. would you say about the specific response? >> kara: i think it's going to further impress upon and the need to take control of their own security situation. as we know, the united states

has been providing that security blanket for a lot of these nato countries for so long. this is a wake-up call. you don't want to be alarmist, but whenever putin says something that references nuclear powers, and those atacms are u.s.-supplied, so i think that is something to consider. we need to think very seriously. not saying it is world war iii, but nato does need to start taking more responsibility for its own situation. trump has articulated that, and so far it looks like, okay, they're going to. this is probably the first step in that direction and a very tactical way. just investing in the increased percentages of what we really need to have a geopolitical situation that is better for the united states, frankly, and better for europe. i think they are going to start going there. i don't like this escalation. new national security advisor incoming said it best, this is an escalation ladder that we don't know where it leads. i think that is very correct, but i also think that we have an opportunity with trump and his

new team to come in and right the ship, i believe we will do that. we don't want this axis to grow. north korea, iran, china. but with trump going to be in office generate 20th, we are going to be in a better situation than we actually are in right now, god willing. >> emily: charles, kara mentions the escalation ladder. the top rung is telling your citizens to prepare for nuclear war. not since the cold war has not been accepted as practice, and it has been an incredibly long time since that incredibly frightened state of hysteria that the country was in. and that is where finland and sweden are now. >> charles: that's where they are now. it is sort of sunday morning quarterbacking, but the biden administration mishandled this from the beginning. they had over a year of knowledge that the invasion was going to happen. did absolutely nothing. >> harris: that's right. >> charles: did nothing to deter russia. zero. hence once it happened they made a series of clumsy moves, and

a lot of folks say, i never want the u.s. to take me off this. now we have a big counterforce economically that is happening. in the meantime, we gave russia the weapons they needed too late, and this is a move of desperation right now. this is a move of desperation. that's when things escalate out of control, when they become desperate. you're in a duel race right now. before this becomes something where america is actively involved, in another world war or somehow arm a treaty is met. right now it is an equal race, in my opinion, and trump can't get in there soon enough. here's the good news, russia, their reserves have gone down dramatically recently. germany finally said we won't take your natural gas. how in the hell with a bang natural gas from russia and the first place? a lot of things are going against russia right now, but it's escalating. you mentioned the evil axis or the new axis of evil,

potentially hundreds of thousands of north korean soldiers being involved. it got to be nipped in the bed or it's going to be out of everyone's control soon. >> emily: and then posturing, kayleigh, we talk about the posturing of putin and the mission creep yesterday with the north koreans. but the reality is finland and sweden are telling their citizens now to prepare for nuclear war, and that seems incredibly hyperbolic, or is reality truly there right over a fine line? is that where we really are? >> kayleigh: it is where we are. >> charles: yes, ma'am. >> kayleigh: biden has made a mess of the world. he's like the child in the candy store that cannot stop breaking things. when you look back, obama warned trump about north korea and their oval office meeting. what happened with north korea? trump made relations better. they stopped firing missiles after he met with north korea. then you have biden lecturing him on the ukraine war? meanwhile russia says we are ready to talk, so now biden thinks it is time to get long-range missiles into russia

when they indicate to the incoming administration they are ready to talk and maybe wrap up this war somehow? i mean, the taliban wants a new chapter. hamas wants an end to the war immediately. china wants peaceful coexistence. that is because the peace through strength guy, donald trump, is coming back. he started receiving until briefings come according to "the washington post." he got his first one shortly after his election. january 20th can't come soon enough. it's time for the kid in the candy store to go home and just sit back and think about what he's done. >> harris: i'm with kara on this. nikki haley has said it, too, the former u.n. ambassador to the united states. we know she had first-hand experience. when a dictator tells you what he's going to do, he's going to do it. so now we have poked the bear. 62 days until inauguration day. biden decides to do what he could have done 999 days ago and he started. and remember, i'm not going to say that his words caused russia to invade ukraine. let's just say they didn't help. minor incursion.

this is the man who said that in the face of a dictator saying what he was going to do, and now in the face of a dictator saying, if you land a missile in russia and it's got a u.s. marking on it, that is an act of war. who doesn't believe him? i know things have gotten a little dicey for the economy, and you're absolutely right about that, charles, but we don't know the input capacity of north korea. they are not martyrs necessarily, but for a government to get away from that level of communism and distrust and abuse of its citizens, maybe they would go to russia to fight with some hope of getting free to monday. you don't know what their impulse is. there certainly are reportedly a number of people on the ground inside of rationale, so they are hitting today for the first time with biden doing what he could have done to help ukraine to .73 years ago. remember, finland and sweden have a reason to worry. so do we, by the way. when one attacked equals all of us attacked, article v, that and

trying sense as a collective. we have to fight. this is too much. biden has always been too much and too little, too late. it is an odd and dangerous carbonation. >> emily: remember, he promised us in 2020 that the adult was going back in the oval office, and clearly the adult is returning january 20th. we hope this ukraine situation doesn't end like afghanistan did, which is horrifying. >> harris: we pray. >> emily: coming up, pennsylvania democrats are being accused of imposing democracy in trying to overturn an election as they are dealt another defeat in the state's closely watched senate race recount. stay with us. ♪ ♪ good ranchers is delivering american sourced proteins the way it used to be from farm to family. over 30% of the food sold in grocery stores goes to waste, and many of us don't give it a second thought our meat and seafood is individually portioned

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counting. all of those ballots that were disqualified, they are undated, misstated mail-in ballots, and how they have done it for second time because there's a recount going on. democrats are openly admitting they don't care about the law. they don't care about their states up in court. they are going to count illegal ballots anyway, because they need the numbers. well, watch as they tried to defend it. >> i'm not going to second that mostly because i think we all know that precedent by a court doesn't matter anymore in this country, and people violate laws anytime they want, so for me, if i violate this law, it's because i want a court to pay attention to it. there is nothing more important than counting votes. >> harris: "the new york post" editorial board claims that democrats are openly opposing democracy. he said that commissioner, she doesn't care. she's like the honey badger of commissioners. [laughter] here's a quote, democratic officials in pennsylvania are trying to say it out loud,

election denial is an unconscionable existential threat to democracy. unless a republican wins, in which case it is signed to ignore the law and overturn it. emily, this makes me lose my mind. i'm not going to lose my grace over it, but she really does annoy me, just flouting it like this. nobody even -- the other commissioners don't even correct. we are not lawbreaking, they are not criminals. >> emily: the audacity and the flippancy with which she says apparently it doesn't matter anymore in this country. what do you mean by that, councilmember? what exactly are you talking about? the last time i checked, all the activist judges under this administration's watch who rendered opinions that were totally outside the bounds of constitutionality and precedent got it slammed. they got slapped back to the bench with every supreme court issuance and higher court ruling. that let them know, you're actually dead wrong when you try to divert from precedent. the thought that one human can

come and buck what this nation stands upon, which is the rule of law, actually, and the deviation that has occurred, it's only under their watch and by people like that. the fact that resoundingly the supreme court of that state inevitably scotus and hopefully the attorney general of that state and the doj, as well, will come knocking on her door to let her know, not only is it audacious and ridiculous, that it is criminal. >> harris: there you go. that is our chauffeur today, b bye. [laughter] look, charles, we know what they think about voters, they call them things like deplorable and garbage and that was the vp candidate, tim walz. everyone at msg for trump, those were nazis, so on and so forth. so many of them voted for trump.

we know what they think of republicans. what do they think of self interest and independent democrats? i guess we are finding out. >> charles: misguided, dumb, sucker, misogynist, whatever. they've got a whole check list of names. but they are calling them names, no doubt about that. they're not calling them fellow citizens were people who have the ability to make up their own minds based on the evidence and their own life experiences. i'm just not shocked. i think the shocking thing is that i'm not shocked about this, that the hypocrisy we heard throughout the entire campaign, that i knew would be the exact opposite, that i knew these folks were deflecting and that, when push comes to shove, they would be acting the way they said donald trump would act if he lost. or they would be pulling stunts that they said never existed, and the sort of things. we know they exist and they've existed for a long time, and for a long time a lot of americans had to take a lot of heat for being able to say, something didn't seem right.

using your cognitive abilities, we are seeing it firsthand and i'm not shocked. that's really sad. >> harris: those names, they have to be calling this democrat voters who helped that 17,000 votes spread between bob casey, the long term incumbent democrat in pennsylvania, and dave mccormick. what, do they hate their own people? their own voters? because they are willing to flout the law to crush the will of the people. >> kayleigh: yes, they are. serious question here, how many court rulings does it take for democrats to obey the law? so far we have two. we will see what we do. we don't know what this lady or individuals in bucks county and the three other counties are going to do. they have been told categorically for a second time, you shall comply. it took 12 lawsuits from the rnc and republicans to get this done. i thought you cared about courts, i thought you cared about the rule of law, i thought you cared about democracy. how many times have we heard that? i thought you cared about the integrity of the vote count.

but when push comes to shove, you apparently don't. finally he did, governor shapiro. what do you think he would have chimed in earlier if bob casey had won and this was republicans? with the county commissioners have done this if bob casey had won? of course they would not. but now we will see what they will do if you care about the rule of law. we will see. it took 12 lawsuits and two court rulings. >> harris: all fantastic points about what people have said and what republicans have done, but governor josh shapiro hasn't done anything. he actually has the ability to do more than what he's doing. >> kara: i think a lot of people came out of this election season with respect for him. >> harris: everybody but kamala harris. >> kara: exactly, and it could've been the nail in the coffin for her. that's been reported over and over about, why didn't she choose this man? so he had capital i think he wasted and is continuing to waste. so i think he came out with an

anemic statement. i set it on a cash before and i think it bears repeating, forgive me for the indulgence of me. but when it comes to the left, they are all about projection. they are always doing the thing that the accused the right of doing. that is more to your point, charles. over and over again, democracy and integrity of our votes, i can tell you something that is more important than counting every vote. counting every legal vote. that is the whole idea. that is the rule of law that defines this country as distinctly american. >> harris: so i count the disqualified ones? there aren't even that many of them. >> kara: they want to win. it's the whole ethos we saw in covid. the rules thee but not for me. they're all about power and projection. that's the name of the game on the left. if you want to question with the left is going to do, they're going to do what gives them power and projects. that's all you need to know. >> harris: that's why

pennsylvania chose republicans. okay, we'll move on. her 10-year-old son walked less than a mile away from home. she was arrested and is now facing jail time. we'll get into the story next. e l l disaster. when tropical storm fred sent a devastating wall of water and debris down this river, it seemed hopeless. but when the waters receded, belfor was here. not just to rebuild, but to help restore the life of this community. belfor. restoring more than property. do you have a life insurance policy you no longer need? now you can sell your policy - even a term policy - for an immediate cash payment. we thought we had planned carefully for our retirement. but we quickly realized we needed a way to supplement our income. if you have $100,000 or more of life insurance, you may qualify to

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>> harris: all right, this really draws a lot of emotion around this one issue, because people have very different feelings about it. a georgia mom is facing one year in jail for crime of letting her 10-year-old son walked less than a mile into town on his own. so those are the facts. police picked up and dropped off brittany patterson's son and came back five hours later to arrest brittany patterson that same day. >> turnaround for me. >> i? >> because you're under arrest. speak of her wet?

>> for the incident we talked about earlier today. >> am i under arrest for? >> reckless endangerment. >> harris: authority say they believe patterson's son was in danger and charged her with reckless conduct, and other offering to drop that charge if she signs a safety plan which involves the use of a gps tracker on her son's phone. patterson refused to do that, arguing there is nothing unsafe about the mile walk into town or her parenting decisions. she is currently out on bail and faces up to one year in jail. the best free legal advice i get every day is from emily. you should charge me, by the way. >> emily: i will note that, in the police report, which is now freezing on my computer, but the police report is fascinating. this is my nonattorney take. this is my emily take. it drips with disdain of someone who is recounting a conversation with a mother who said, i was late for a chiropractic appointment with my other child. the child wouldn't get in the car. he knew we had to leave.

he often leaves the house alone and plays in the woods. essentially, he's going to be fine. i had to take care of my other kid. she goes and is the best you can pray that she get this cop that says, this is what's happening, and in the police report it details how another woman who saw the kid walking goes, "are you okay?" and it details how the child start to get nervous a an end upset and maybe so, because he was been questioned by a lot of people and it dwindled down to that mom making that decision. i think millions of moms out there have to make decisions in the spur of the moment, and this is the repercussion. the cops failed to outline with specificity why they are arresting her. i see a lot of failures here and the biggest failure is the failure of compassion and a community that seems to scarlet letter this young woman who made the decision the best you can as a mom with a child that perhaps is a little -- has some challenges in obeying what she is saying at that time. >> harris: kayleigh? >> kayleigh: i don't believe

in criminalizing parents. kamala harris tried that which he was attorney general. she pursued truancy. she said she was going to start prosecuting parents for truancy and she did that to a great mom, a nice mom who unfortunately was arrested in front of her children. similar situation as this, at least in the arrest. i don't believe in that. but here's the thing i will say, we live in a different time period. kids are in danger. 11-year-old kids, if they are walking alone by a highway. the mom said it is not a super dangerous or even dangerous at all stretch of the road. i was not terrified for him or scared for his safety. that was her feeling. they are saying they will drop the charges, from what i read, if she signs a simple form saying she will be a watchful parent. she doesn't want to sign that form. i don't know what's in that form. i haven't read it, but it seems like an easy way to move beyond this. shouldn't have been arrested, but i don't think we should have 11-year-olds walking alone on highways. >> harris: when you say it's a different day, look at all the cases we covered recently. it may be girls or boys, it

doesn't matter. jocelyn nungaray was 12. we have a lot going on in the world. at the same time, i understand that a mom figured she knows her neighborhood, and she is making a decision for her child. i think people are bifurcated on it. charles, where are you? >> charles: it is mixed. i grew up as a latchkey kid and my mother and father, they separated, and we came up here. we lived on army bases, it was always beautiful. and we moved to harlem, at the time the most dangerous and poorest neighborhood in america. my mother had three boys. so from 10, 12, 13. she had no choice but to let us go out, and we had to take the train by ourselves. we had to go to school by ourselves. we had to do a lot of things by ourselves in the most dangerous neighborhood in america at that time, and she had to go to work. >> harris: did you guys stick together? >> charles: we went to different schools. we tried to stick together as often as possible, but we were alone out there a lot.

and that was the way it had to be. there was no alternative. i feel like this woman maybe didn't have an alternative. having said that, my son, i don't want to embarrass him, but i held his hand walking across the street until he was like 13 years old. [laughter] come here, charles, don't go across the street! >> harris: that's a lot of information. >> charles: let me hold your hand so i can get you across the street. so it rips me apart so i know what real life is and i know how i was afraid, and i've always been worried about my own son, too, at a much older age. >> harris: i think that's why people are on such different sides of this issue. we don't know the total conversation. emily pointed this out, we didn't get to hear the whole conversation the mom was trying to have with law officials. i imagine when they took her into wherever they took her, the police department or wherever, the conversation continued. but getting the context of what was going on from that police

report, that's also really important. >> kara: the fact that she was so flustered, i can relate. we've got the messy mom bun. i was like, that is me 100%. i think the context is very important. before you started talking, kayleigh, i came in of one mind. we need to disappear into the woods as children to have our imaginations stoked. >> charles: i used to love that. >> kara: i played in the creek. we lived on green bases in the desert. >> harris: we have that in common, military bases, but our upbringing is different. >> kara: the first story we talked about, the immigration story, the public safety story, is a different world. luckily we do have some technologies that can help us have better custody over the locations of our children. so, kayleigh, i think you won this one. >> kayleigh: she will be walking alone until she's like 36. >> harris: the kids are shaving already and everything. i would say this about young kids and being honest about what's in the world if you can have that conversation. if you are leaving the house you

have to be old enough to understand what you're trying to protect them from. emily, you look like you have a dangling thought. >> emily: we covered a case where an autistic child, despite the parents best attempts at keeping the doors locked safelye police had to be involved and there was a whole element there. my question is, what's the difference here? is it a diagnosis? what if this is an undiagnosed child? my point is there are situations and circumstances beyond their control and objective analysis where parents are doing the best that they can and should not be wielded the weapon -- the weapon of the state should not be wielded. the reason she doesn't want to sign that, she says, "i've done nothing wrong." >> harris: and what does that commit or to? then they can pick her up at a moment's notice. there's a lot to this. former white house press secretary jen psaki says the issue of transgender athletes in sports has been blown out of proportion and should be ignored by democrats. wow! now they want to ignore one of the reasons they lost. i mean, ostrich, stick your head in the sand.

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administration decision to provide long-range missiles to ukraine? why now? and we are just moments away from the state department briefing. will they comment on the u.s. position in the ukraine-russia conflict? we'll be listening. come join john roberts and me live as "america reports," top of the hour. >> kayleigh: democrats have been doing a lot of soul-searching since the election, the former white house press secretary jen psaki says the party should double down on the transgender agenda and concerns surrounding biological men playing in women's sports are not really a big deal. >> another one of the lines that ran over and over again in those ads and throughout right-wing media is the idea that america is faced with a crisis of boys playing in girl sports. these ads created the perception that the issues of trans kids playing sports was dominating schools across the country, which is completely false. so this is a good time for democrats to self reflect about what went wrong and what to do better moving forward. of course it absolutely is.

but during that process it is important not to yield to manufactured panic and to align with the actual facts before making sweeping claims. >> it's not meeting people where they are. it is simply falling prey to right-wing propaganda without checking the facts first. >> kayleigh: that is a psaki bomb of a statement. let's fact-check jen. this headline from the daily mail, "female volleyball player, 17, left paralyzed with brain damage by transgender opponent who cackled with delight after knocking her to the ground." i don't think we played this part of her statement but she said this isn't an issue. peyton mcnabb will sew up the description of the injuries that included partial paralysis. people don't talk about this. look at me, i am a pip-squeak. i maybe 5 feet tall at best. i played d1 soccer at the university of virginia. i would not have stood a chance if someone who went through male puberty got on the field with me.

are you kidding me? i would be limping off the field with a broken leg. everything. we don't talk about this and we don't talk enough about the sacrifice of these young girls make. from elementary school to middle school to high school. i miss my high school graduation because i was playing in the all-america game, and the moms that take them to soccer practice, that by the capri sun for those halftime snacks, think of how heartbreaking it is if a girls dream is crushed by a man taking her spot. >> harris: have to get to this breaking news. we have been awaiting this this morning, and now into the afternoon. there is breaking news from trump's new york criminal case. prosecutors are now urging judge juan merchan to pause the case to allow trump to seek a dismissal. the president-elect was convicted in may, as you know, of falsifying business records related to payments for adult film actress stormy daniels in 2016. you know, as we talk about this,

emily, and we talk about stormy daniels, i was reading today that there is a case where she actually went after trump and owes him $560,000 for legal expenses. so there has to be now a gestalt view from up top. are you going to go after a presidential elect who got a mandate in a landslide, millions of votes more than his opponent and the electoral college. so popular and electoral vote. there has to be a top-download, looking at what he faces, what the country faces if you can't do his job, and how others have been treated. already we have seen some kind of special treatment with stormy daniels because i haven't seen that check written in the previous 2018 case where she owed him money for that case. so is that enough to stymie the movement of what the people just put into process, by potentially politically handcuffing this president going into office and saying he's got to go to prison and have that sentencing, so on

and so forth? >> emily: that's part of the argument by trump's team, that dealing with this is unconstitutional and it stymies his ability to effectively govern now that he's in anticipation of those. what is interesting about this is we knew that something -- we talked about this on the couch, the judge said all right, prosecutors, i will await you to submit to me how him being elected changes things. that's what they requested, the time to analyze such, so what we are getting now is that answer, then urging a pause so we can seek a dismissal, which is fascinating, because ultimately what it does is ensure that there is time effectively for trump's team to say this needs to be thrown out completely, as should have it. so this is the right procedural move, and during this pause we will look for that motion to dismiss to be filed. >> harris: so if politics are at play -- and leo terrell, civil rights attorney, told me last hour that he 100% believes it is -- if politics are at

play, this allows the stage to stay in the headlines, kick this case down the road. we could be at inauguration day at this point. we know there is a sentencing date that was on or off the docket. we are not sure where at this point, november 26. because now we got another pause. how does that come into play? can they still sentence in this pause? >> emily: that would be absolutely unconscionable, and there would be a million reasons why indeed that is unconstitutional, as well. so the short answer is absolutely not. the president-elect is not going to prison, nor should he be sentenced. but the reality is we will see if our tax dollars continue to be plundered with decisions like that on behalf of activist judges. i hope to god neither of those things happen. for now we will this motion to dismiss to be filed. >> harris: kayleigh? >> kayleigh: we have safeguards in this great constitutional republic we have, the first of which is a d.a.'s office looking at president and deciding whether it comports well. this was an unprecedented case brought by a political offices,

d.a. bragg. in the second sacred as a judge. you have judge merchan. should have dismissed the case on a motion to dismiss. he entertained the case. i hear you talking earlier about maybe some motives that judge merchan had. then we had the verdict of november 5th. 76 million plus boats, the biggest popular vote count by raw total of any republican in history. that should have killed this case. this should have been dismissed november 6. but here is judge merchan delaying, delaying, delaying. lawfare died, the people do not want this. it's time for the judge to do the right thing because we have a constitutional republic. every safeguard has failed donald trump and the final and we kept getting. >> harris: if you keep his name in the headlines, the only person who benefits from this is judge juan merchan. the people have spoken. in a benefit from a president who is now politically handcuffed from moving forward until this case is solved. >> charles: the talking points

on msnbc and cnn where they say "a convicted felon," they can so technically rolled that out. >> harris: actually they can't. this case has to go forward for that to happen. >> charles: we wonder about motive, why he doesn't wrap this up. it's obvious what it was from the beginning. by the way, the election you talked about it was also a verdict lawfare. we think about the dollar being the currency of the world. we think about the united states being the preeminent nation in the world. and the bedrock of that is our rule of law. what democrats and progressives in the media did during this election campaign was treason. it was treasonous. they have a chance to put her to lay quietly and hopefully we all hit the reset button, because it was a shameful period in our country to have the rule of law use the way it's being used. >> kara: i think they want to hamstring his ability to govern, and they saw that they did it

successfully in his first term, all the impeachments, all the special counsel, everything. so i think they're trying to rinse and repeat the same strategy and we can't let him do it as americans. we have to tell the truth and be very vocal about it. we can't let them hamstring the mandate that donald trump has been given to govern the united states of america come january. >> harris: one of the things that i've had jonathan turley and others on in the last on in the last few days talking about that convicted felon and adding the nomenclature during the last part of kamala harris' campaign because it simply wasn't true yet. like they needed to get to that sentencing, according to the attorneys that i've had on the faulkner focus, for that to have actually been true. a jury found such but they needed to go through the process to the sentence. it's so interesting. they have not won on this issue not one time, but they keep trying. >> kayleigh: you can make a powerful argument that donald trump won this election on his right to the fulton county jail, as cnn is describing the dour, terrible

smell of the fulton county jail, people watched the former president go there and get booked and get a mug shot, you can make that argument. when will democrats learn, they haven't learned on the immigration issue, clearly haven't learned on the transgender issue, we are just discussing, and they haven't learned on lawfare otherwise this case would be dismissed. >> emily: i will say this that now i am reading this, i take back what i said. the people intend to oppose motion to dismiss. we intend to oppose it vigorously. this is absolutely ridiculous. >> harris: and the backdrop to all of this is biden legacy pointing his way out of office for 62 days by starting a wider war potentially unlikely depending on how things go with ukraine using our weapons and our advisors to hit inside russia. that's what's facing us ahead. we need a president who can do with the people elected him to do. more on this coming up. "america reports" now. he's a musical. >> john: harris, thank you so much. breaking news this afternoon, it looks li