>> breaking out of illinois the state supreme court has overturned the conviction of actor smollett. he claimed to supporters jumped him all making racist and homophobic comments. he claimed that the attacker shouted this is maga country. it later turned out it was a hoax. smollett was convicted in the court has overturned that conviction. this is outnumbered. i am emily compagno with my cohost harris faulkner and kayleigh mcenany and also joining us today cassie former rnc deputy communications director and vice president of coin jenkins.

fox news national correspondence matt has the latest on the smollett overturned conviction. matt wear you out. >> this morning jussie smollett has been doing publicity and interviews he did not want to go back to jail right now and it looks like he will not be going back into custody the supreme court writes that jussie smollett initial controversial agreement that dropped his charges will hold in a conviction that came after is reversed the state supreme court writing the illinois case law establishes it is unfair to allow the prosecution to on a deal with the defendant and jussie smollett owed the bulk of his 150 day sentence for lying to police about being attacked by maga supporters in a racist homophobic hate crime

that is considered a hoax. that initial attack was sensational but what was arguably just as scandalous was the deal with the kim fox office that dropped the case in exchange for $10,000 in community service at the height of this scandal the country was outraged people wanted justice they did a painstaking and expensive conversation then they charged smollett with lying to police and they walk in to court and the charges are dropped they felt like the deal that they gave the smollett was not above water i spoke with the smollett attorney and he calls this a win. he writes this was not a prosecution based on facts it was a vindictive persecution and social proceeding has no case in the criminal justice

system after the initial deal with smollett the special prosecutor in this case brought the case in front of a jury trial. smollett was convicted on five felony counts of lying to police.smollett had a physical outburst on your screen right now in court when he was handcuffed and brought into custody. six days later he gets out on appeal. in recent interviews smollett does understand why people wouldn't believe his story he wants to make the world a better place for his child and kim fox preparing to leave office in cook county gave an exit interview which she said she is quote tremont that she is not believed in dan well blows. >> harris what you think about this statement i have so many thoughts about people who lie and get away with it it's like a scooby doo episode. these were prosecutors who in the beginning probably never should have even talked about a deal. never should have considered that this wouldn't happen and i don't know how it turned out i only know that a deal was made

that if the case didn't go through the first time he could and tried again. prosecutors pushed anyway and because he pushed against that deal we have what we have and now emily, i tossed back to you on this. so it doesn't prove he is not a liar. it doesn't prove that he didn't do what he was accused of doing it just simply means that the law had a loophole in and he is taking advantage. >> harr>> emily: this has noth to do if he lied. what it has to do with the procedural nature and the fact that on behalf of the state the district attorney came to an agreement with the defendant saying i'm going to drop the charges in exchange for a fine and community service after public indignation after an uproar. a reminder that the district attorney represents the people

and a special prosecutor was appointed who did, in fact, bring charges six counts were disorderly conduct and demanding that the value of the resources spent investigating this a hoax and the whole point is the supreme court acknowledge that. we know that everyone was dissatisfied with that original deal.but it is what a more unjust than that deal is going behind the defendants back. they rely on agreement with the state you have to keep your word. >> the country is about to get an education if they are not lawyers on this legal tool that the centers around but as you point out, the public was

outraged because he lied because he smeared trump supporters. he wasted precious police resources and countless of city dollars in this hoax is so that did not change so what are you returning? not the guilt on every level the damage he has done that original deal was met with major public outcry if you remember i would think although i don't want to be a prognosis here but i think the public will be more outraged now. >> is not my tax dollars directly but believe me on behalf of those that are wasted i feel indignant because it's not just the hoax and the utilization of police resources it's exactly who the hoax was directed at solis remind viewers of how exactly smollett described that attack in an interview in 2019. >> i was crossing the intersection and i heard empire and i don't answer to that. and i didn't answer i kept walking and i heard so i turned around and i said what did you just say to me?i see you. and the attacker, math he said. punches me in the face. >> kayleigh: he frame trump

supporters who voted. when he accused this attacker of yelling maga country how did that make the entire movement look? the entire maga movement was a bunch of racists who would engage in an attack like this. he framed half the country. and just to bring everyone back to what this it wasn't just the media covering it ignacio. it was a joe biden in 2019 just before becoming the nominee and what happened today smollett he

leaned in. harris leaned in. smollett is one of the most kindest most gentle human beings i am praying for his quick recovery this is a modern-day harris said. the apologies we need to take back our statements and then just a reminder those happened in 2019. three years later you have a grassroots director tweeting this as smollett left the courtroom he say i am not suicidal if i something happens to me i did not do it myself this man had zero remorse he walks off scott free because of a procedural error.

>> half the country they were talking about, they still see he is guilty of a court of public opinion if he is let off on a technicality and if he thinks this is going to be his big career come back i don't think he is good for business in hollywood because he wants to support him? it was to see him? his acting was not great so it's not like he's some great actor but half the country is happy to go find someone else to support and spend their dollars at the movie theater. >> he is an award-winning actor he just did a project with vivica fox but this type of association that he lied about which was maga with a racist violent person that that was accepted, spread like wildfire by the likes of our current president and current vice president but that's what americans stood up against and voted to say no thanks, that's not true we reject that that is not reality. >> ice busted illegal immigrants accused of child rape and the third convicted of the same offense living as a

fugitive in one of the states whose governor is vowing to fight trumps efforts to deport criminals like this. that is next.

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arrested illegal immigrants who were charged with forcibly raping children in the state of massachusetts. it comes days after the massachusetts governor said her state would close and absolutely not cooperate with president trumps efforts to secure the border. mike has the latest from chicago. >> three people in the us

illegally came in contact with authorities but walked free the records and allegations establish a threat to the public it happened where you mention the governor promise not to cooperate with the incoming administration to get people like this out of the country. >> the massachusetts state police assist in mass deportations? >> no. absolutely not. the key is that every tool in the toolbox is going to be used to protect our citizens and our residents and our states and certainly to hold the line on democracy and the rule of law. spent with the first case is a guatemalan charged with rape of a child by force indecent assault and battery he was arrested november 12 in great barrington massachusetts he entered the united states illegally september 24, 2020 was released with a notice to appear before a judge he was arrested for the rape of a child in february 2024 the ice detainer was ignored so he made bail he walked through a brazilian man was picked up in massachusetts november 18. he was convicted of raping a

child in brazil and sentenced to 14 years so he fled to the us entering illegally in new mexico in 2022 i was released with a notice to appear he was a fugitive and will till last monday in 1/3 case a 42-year-old colombian man charged with raping a child in massachusetts. he did not leave when his visa ran out his case the ice detainer was honors so he is in custody and a former eyes supervisor said these are the kinds of people who would be targeted by the new administration. >> these are aliens we are going out to within a removal order and that's with these mass deportations are going to be. spent with incoming borders are said people who are a threat will be targeted and detained if sanctuary states won't allow it they will be detained in another state. >> kayleigh: mike. thank you. so in the state of massachusetts you have 2 illegal immigrants arrested for forcibly raping a child and the massachusetts governor said we are blocking trump on

deportation and protecting our residents. how about protecting your citizens? before your illegal immigrant residence and then nationally what we see is the new york post headline bided administration quietly loosening immigration policies before trump takes office including migrants skipping ice check-in's in new york. so on the way out the door we are going to let migrants skip ice check ins at a time we have 1.3 million immigrants 13,000 and custody that's .009 percent. >> we can break some news here, sources just confirmed to me that this new york post story is accurate. in fact this was a portal that was a pilot program in multiple cities it has been going on for months and it was an answer to the overflow of the backlog and i have to tell you i know a lot of the folks to include the

director they are working around the clock to try to get these criminal aliens, many of them violent off the streets because they know the new administration will send it back. the last 51 days, there have been 20 migrants arrested at the border by the border patrol who were convicted sex offenders so getting rid of the ones who are here is only not only part of the problem they are still coming out what is irritating about this ice, ice is trying to do something they have hundreds of thousands of cases backlog 10 or 15 years down the road so maybe an apple will do it. and at the end of the day, dhs, ice officials tell me that dhs refused to allow ice to notify the press to go public with this pilot program because they

are simply trying to find ways to be more efficient and dhs shut them down.what happens? ice takes the hit because it looks like they have been hiding something at the end of the day they are trying to solve the problem but you have 1.4 million order to be deported 13,000 and custody you will need a lot more holding areas and cooperation. the big challenge that you are going to have is the reciprocal agreements with countries like venezuela, china, venezuela will not take back rival gang members who rape and kill people. i confirmed with sources yesterday jos? ibarra, not just the brother, connected to nicaragua. >> we knew he was connected and now i'm glad you brought that up. look. this is emotional. i want to warn our viewers. my mom said she sobbed uncontrollably but it's

important to bring you this plate yesterday ahead of the sentencing of jos? ibarra. this is the moment that riley's mother found out her daughter had gone to be with her savior. >> i don't want to tell you because i don't have names. i don't know who anyone is.

>> you know, harris we decided to play that because they showed in court yesterday the prosecution and is so important for people to understand when we lose one of our daughters that is what happens in a something that is preventable. it's hard to wash but it's important for people to know what these angel families go through. >> president elect of donald trump was on social yesterday talking about beautiful laken riley and moments of pain and i am paraphrasing. and i know it gets reposted on whatever platform you can find it you should read those words. because it's that kind of connection that the incoming president and the incoming borders are, and many across the spectrum on the list of nominees if they are directly involved in border policy or not. they understand the impact that these moments have and that's connective tissue with the that

we have on that woman who just found out her baby is gone. we feel that. they have the power to make the difference. >> and president trump spoken 2018 about why it's important to share these stories. i want our viewers to see. >> these are the stories that democrats and people that are weak on immigration, they don't want to discuss, they don't want to hear it, they don't want to see her talk about it. no major networks and cameras sent cameras to their homes. or display the images of their incredible loved ones across the nightly news. they don't do that. they don't talk about the death and destruction. caused by people that shouldn't be here. people that will continuously get into trouble and do bad things. >> democrats ignore the stories.the media. president trump put a shiny spotlight. >> and back then every day sense putting out on social about the conviction that occurred and i know that just

back in 1994 when megan's law was passed that was after megan was murdered brutally in new jersey selling girl scout cookies to a person across the street who was a registered sex offender but the whole point was back then you did it now because it was a law that you had to tell everyone like you do now. the public will through the uproar of knowing someone's brutal violence reprehensible history and stood up collectively and said no that's why there is a federal analog to that. why are we accepting it with people who shouldn't be here? why are these terrible records this administration is saying let them in and don't bother checking and the same democrats, someone nominated for a position. where is the background check? i went on everyone coming across the border because chances are it's my daughter next. every single one of those

deaths has been preventable that we have been talking about the public demonstrated they will not stand for people moving in and of security and letting them disappear. the answer is no. >> this was the women's issue of the 2024 election. this is why we went out to vote as a mom with a young daughter who saying i am voting for her safety when she grows up i am voting for the next generation but when i watch that statement they were sharing their location with each other that's how the roommates knew something was wrong i said share your location with me immediately. i hate that is our reality but i think the message was loud and clear on november 5 i am glad president trump is going to implement change because we need it.it's very difficult to watch yesterday with those victim impact statements i can tell you one thing.laken riley what a remarkable young girl she believed in her savior and i know she is with him and elon musk and vivek ramaswamy

just laid out their plan for the department of government efficiency. they are not playing by the dc rules. that is next.

>> breaking news, matt gaetz stepping down from his nomination to attorney general of the united states. this was the most contentious of the nominations made by former president trump and he has announced that he will not be seeking confirmation to the post of attorney general. i had an excellent meeting with senators yesterday.i appreciate their thoughtful feedback and incredible support the momentum was strong it's clear that my confirmation was becoming a distraction to the critical work of the trump transition per there is no time to waste on a needlessly protracted washington scuffle i will be withdrawing my name from consideration the doj must

be in place on day one i remain fully committed to seeing that donald trump is the most successful president in history. look, this was quick the appointment came as a surprise to many and we will see what happens. we know the deputy, the attorney in his case with alvin bragg in new york, many suspected that if matt gaetz did not make it through. >> griff: we will see where it goes the question over what matt gaetz does is fascinating he resigned he was elected to the next but his resignation officially sets in motion governor desantis and a special election quickly the district for matt gaetz is very republican he was always going to be republican and the question is will matt gaetz run in his own special election and the question about there was clearly pressure building sources telling me and every other reporter that this ethics

report was likely coming out and now maybe that is up in the air or maybe it accelerates. >> kayleigh: he resigned from the 118th congress and when he gave his speech on the house floor he said i do not intend to take the oath of office for the same office for the 119th congress so you have to ask dessie take that back and try to be a congressman or go away? see when you cut what he said, the same office. desantis has to appoint if the congressman moves on in his nominated post, if rubio moves on and is nominated he has some positions to work with as could it be gates who becomes a us senator? in the state of florida. >> kayleigh: that's an interesting spot and cassie there is the notion that he could be appointed to a big and powerful position he clearly thinks fondly of matt gaetz he

wants to drain the swamp and shake things up he could put them in a big position just one shy of needing senate confirmation. >> cassie: these are interesting scenarios. it's no secret that matt gaetz doesn't sit with anyone at the lunch table in congress he has made a lot of enemies and he has turned people the wrong way but is just not essays going to go away and say we don't get along i'm going back to florida he has higher aspirations we know that president trump really likes him and thinks he is a great defender of his agenda so i wouldn't be surprised if we see him again. >> kayleigh: there's also ethics committee i saw a loggerhead there was not an agreement to release the report democrats saying we want a full vote of the house of this report should come out and one would think that moves away and the ethics report is a done

deal and maybe not. >> this is going to come out one way or another. add unlike another senator who anonymously commented on the record that it would be very contentious and essentially requesting that matt gaetz step aside to save him the embarrassment of that trial that he said would be messier it would be more brutal so i think that might have played into it perhaps we don't know what happened behind closed doors if there was pressure if the former congressman matt gaetz acquiesced don't jump on the grenade and also it might make other nominations easier but it seemed as if the ethics report potentially had a big impact but perhaps that's going to be released no matter what. >> if he were to push him and appoint him you also get around any kind of confirmation situation. you file republican seats in a state that has been read and you have a senate you have a majority i would watch that if

that's what he wants. >> griff: if you were, just talking it out because while what if he filled rubio seat or you still don't get rid of it. but what he's talking about the ethics report and what was going to be the consequences you saw the new york times is reporting this long stream of payments that was part of the testimony so if all the information was coming out even naming him to a seat dessie come back and have to deal with that which could weaken the majority. >> who would be the new nominee for attorney general? a lot of people are saying highly qualified former prosecutor we will see if he gets elevated. we are outnumbered, next.

>> elon musk and vivek ramaswamy ready to take on washington d.c. with their new department of government energy doge and they just outline their plan and a "wall street journal" editorial.several key points one identifying what could be cut slashing regulations using existing laws slamming the federal workforce and cutting costs saving taxpayers money. a big undertaking however elon musk and vivek ramaswamy are confident they can get it done and they have a deadline for the president gave them july 4 2026. so they have to get it done fast. >> cassie: that is so against the fold of washington to have a deadline against my worked on capital for a while and they said the commission gets to go behind closed doors and spend

untold amount of taxpayer dollars and they will produce a report with some recommendations and it's nonsense you can't implement that. not only is there a deadline but i imagine elon musk has some software spewing out the inefficiencies and then i love that he has scott x. they have a platform to report findings that put the finding on agencies or elected officials to say are you going to do it or do you want me to i am optimistic more so. >> harris: i have been telling viewers how much i like this page because it has they don't post as often as they should. the federal government agencies are using on average 12 percent of the space in the dc headquarters the department of agriculture averaging 456 workers every day six percent occupancy. that's the kind of thing why

are american taxpayer dollars being spent to maintain empty space? so if nothing else look how much we are going to learn about where our tax dollars are going swimming we have covered it on this couch the massive unused billions totaling $1 billion in assets throughout the country overpayments that we can't clawback and trillion dollars as a former federal attorney and member of this i can't impart enough how difficult it is to get back a dollar even with the irs they spent seven dollars to get back a dollar that they claim was owed so i want everyone to understand the notion that in everything other than recipes you always want to audit you want to clean house. i am speaking like everything else it's not that's how we

have always done that but the government for some reason people wanted that to remain the same. you don't want to keep paper record so everything should be open but people keep in mind is not just paying on treadmills is the overpayment the inefficiency unused buildings wait a minute. we were paying these billions of dollars per year on waste. and now everybody could just see it on x. >> bravo to this disruption. >> nervous about the pecan pie tonight don't change a thing. >> thank you. >> time magazine is wondering what is next on the to do list with the latest cover. >> look if you didn't think that the guy that wants to put a man on mars who is a space x program rescued some astronauts stock because the government and nasa and boeing could not bring them back.

if he didn't think that visionary ceo can't slow the debt clock a few blocks down. and it is not just going to be the shrimp on treadmills. i have cover the stories blowing up beaver dams in mississippi. the bridge to nowhere in alaska. he is talking about shutting down the big stuff the departments and the entire entities that are just a drain on the government on our tax dollars but also stopping the unelected people who work at those agency because that's their job. >> harris: one more for the doge x post. $516 billion provided to programs whose authorizations previously had expired under federal law 320 billion of that so half of it expired more than a decade ago and they were still paying. oh my goodness. >> kayleigh: this is bigger than the superfluous spending

on some regions search project --research project.it throws me. let me say that 535 million a year to corporation for public broadcasting 1.5 billion to international organizations and 300 million to progressive groups like planned parenthood they wrote in a "wall street journal" op-ed vivek ramaswamy and elon musk they are targeting spending this 1974 law is unconstitutional and the president can unilaterally do this through executive action we have a 6-3 majority of the supreme court they thought this out methodically and impressive programs. be on watch. >> let's just get a list of democrats who are going to say no we need bigger government. >> more outnumbered. next.

>> breaking news matt gaetz withdraw sessions trumps attorney general picked. we will have a live report to join john roberts and me as america reports at the top of the hour. >> harris: so yes matt gaetz is

out in terms of this position that the president-elect had him in mind for and now president-elect donald trump is reacting to the decision of congressman matt gaetz to remove himself from consideration for attorney general. i greatly appreciate the efforts of matt gates seeking oprah approval to be attorney general he was doing well but at the same timedid not want to become a distraction for the administration for which he has much respect he has a wonderful future and i look forward to watching the great things he will do immediate reaction ? >> kayleigh: as we were talking about president trump still likes him there is no love lost there in that regard if he can go back and take his seat in the 119th congress which appears he can imagine that moment if matt gaetz walking back into congress after this having to do a little find some friends at the lunch table because things haven't worked

out as he thought i just think that will be an interesting dynamic is he going to go and be part of the agenda and be a team player or are we going to see more of the antics under kevin mccarthy's leadership. >> so talk to me about the actual reporting going on and what comes into play potentially? >> griff: look the ball is in the court of matt gaetz if he wants to be seated he can be seated and then he just goes back to being a part of the slim majority but if he wants to do more like being seated in rubio seat. we will see where that goes the theme of the day whoever comes next he will have influence on. is it will be mike lee guys like mark polidoro or mac whitaker. major ambassador may be is needed at the doj because he was a previous acting ag under

trump. there's a lot of questions and they will be answered i think as matt gaetz starts to show us what he will do next. >> you saw a house ethics committee go away. he resigned from the incoming congress so he could feasibly go back into that since he was elected but he might have to face that. >> kayleigh: he resigned from 118th and was elected to 119th and a gop source tells me yes, matt gaetz was elected and can be seated in the next congress in january i am sure there's a lot of legal nuance but according to what i am reading that could be a possibility for him i some question i am asking is what about recess

appointments because president trump around them they had recess appointments he could have circumvented the confirmation process but what does this mean for the other nominees for some whose names have been mentioned like rfk and others is the recess appointment off the table? it seems like it was for matt gaetz. at we are just going to go through the process unless the last straw. >> harris: we are we on this because he was against recess appointments. >> kayleigh: had other senators stuck up. rick scott and jos? it is on the table so i think of something most people would like to avoid and see the process play out but i would not take it entirely off the table is within the constitutional powers. >> griff: i went to a dinner last week honoring mitch mcconnell and he was interviewed and talked to the head of ai and he said at the end of the day when it comes to recess appointments he said don't underestimate the power of the advise and consent job that the senate doesn't confirmations we heard the majority leader telling brett last week he is going to keep an open mind but i think a

perspective context it's one thing to do a recessed order like rfk junior and another to do a recess for someone who has this ethics investigation. >> harris: candidates who are said to be on president-elect's trumps attorney general shortlists are said to have a mix of public and private sector experience mike lee we could pop up pictures previously worked in big law was a federal prosecutor. >> harris: >> emily: he was floated as a nominee with just a familiar name in terms of being at the bank of president trumps respect and value and a noted legal mind that doesn't surprise me, this name and i know to get my two cents on the

matt gaetz situation if the true reason for stepping down is to prevent a distraction to exit gracefully i wonder if there will be a hiatus from public service and perhaps as new allegations are coming to light as the report said is coming out anyway, perhaps we might see a dormant face from him and a reemergence later we saw that with cuomo, for example maybe it's best to just hibernate if you don't want to be a distraction for the party, >> harris: we are still more than 50 days from inauguration day however hundred 19 takes place the swearing-in starts january or january 3 so that's a lot sooner so match whitaker former acting attorney general. your thoughts. >> you want to talk about somebody that people know. i think senators love senators. of course it's very collegial so to have one of their own that would probably be a pretty easy nomination process >> griff: and being familiar with the places to go and read out the problems.

>> harris: you don't often hear people loving each other on capitol hill. i love that.that's very warm. okay we are outnumbered.

>> that powerful trailer is from the next episode of fox nation's new hit series, martin scorsese's presents "the saints." catch new episodes every sunday through december 8th only on fox nation. and now here is "america reports." ♪ ♪