Transcripts For FOXNEWSW Outnumbered 20180709 : vimarsana.co

At the National Review institute, former assistant District Attorney for the Southern District of new york and a fox news contributor, andrew mccarthy. He says we can call him andy. We will call him outnumbered for now. Great to see you. Andrew great to be here. Melissa it is a great day to have you here. Lisa im so excited to be on the couch today. Melissa im going to keep my pretty in pink references and check. Harris will move on but we are coming back fast. Sources are telling fox news that President Trump as of last night had not given any indication to his advisors that he had made a final decision on his u. S. Supreme court nominee. But the president said he may arrive at his final choice during this hour, noon our eastern for those of you were counting. The four contenders said to be under consideration are there on your screen now, Appeals Court judges Amy Coney Barrett, Brett Kavanaugh, Raymond Kethledge, and thomas hardeman. Democrats are ramping up their opposition to the potential choices the weather even made. Here is senator Richard Blumenthal singh the president is making his selection from a group of flawed candidates. Ive never seen a president of the United States in effect to make himself a puppet of outside groups and choose from a group of right wing fringe ideologue. Harris senator Lindsey Graham says they will live in no matter who the president choose chooses. Republicans are holding for lottery tickets and all of them are winners. Every republican should embrace these picks. Harris chief White House Correspondent john roberts live for us outside the white house. What you looking at their . I keep on looking at the west wing entrance to see if the marines suddenly gets posted which means the president is not yet in the oval office which means that whatever ruminating he is doing at the last minute here in the closing hours on the Supreme Court picked, he is likely doing from the residents but we are expecting a tweet at any moment now for the president yesterday when he was departing morristown new jersey for washington, d. C. , said that he would likely make his decision by noon today. Heres i can imagine that the president is amused at watching all of the speculation about this this morning. Indulge me while i amuse him a little bit more. The president tweeting this morning i have long heard that the most important decision a u. S. President can make is a selection of a Supreme Court justice. It will be announced tonight at 9 00 p. M. In recent days, a new front runner has emerged in the person of Thomas Hardiman of the Third Circuit court of appeals. He was a bush appointee, drove a taxi, that you see him second from the left, drove a taxi to work his way through georgetown law school, he is a colleague from the Third Circuit court of appeals with President Trumps sister, marianne trump. He was a finalist last year for this glia vacancies so president knows a lot about him and made it to some degree feel that its his turn. We will see. On the far left, you see Brett Kavanaugh from the d. C. Court of appeals. Hes always been considered to be the strongest horse and as race, 300 opinions to his credit. However, Mitch Mcconnell saying that when you have a record that big in that big of a paper trail, confirmation may get dragged out as democrats control through all of those opinions. Theyve only got 83 days before the beginning of october in the beginning of the neck Supreme Court term to get him confirmed. Also on the list, Raymond Kethledge said to be a fairly safe choice, could probably be easily confirmed, writes his opinions in a very scholarly and colorful way and then you see Amy Coney Barrett from the seventh Circuit Court of appeals. She really kind of is im told the president s favorite, but she is the one who would likely face the most bruising confirmation battle and the one thing that president doesnt want to do with conservative balance over the court hanging in the balance here is not get his pick for the Supreme Court confirmed. Leaving morristown yesterday, the president said whomever he picks his base will be happy with, listen here. Im getting very close to making a final decision. And i believe this person will do a great job, but im very close to making a decision. Have not made it official yet obviously. Have not made a final bullet say its for people, theyre excellent, everyone you cant go wrong. Because it will cement a conservative majority for years to come, theres going to be a lot of democratic opposition to this. To some people have said it could cement conservative court for a generation but when you look at judge clarence thomas, hes in his early 70s, its likely he could say a decade but probably not a generation. At any rate, theres going to be an awful lot of democratic opposition to this but the white house believes that its got at least three Democratic Senators in a box and it would be joe manchin, joe donnelly, and Heidi Heitkamp. They are up for reelection and states that the president won handily. How could they turn down his nominee, but they do need to have democrats because with john mccain not voting, there were only 50 republicans and so they need to get a couple of people on the democratic side. Dont know who the president is going to pick, youve got my phone number, you can call me. If not, we will see. Harris do people realize how much i love working with you . I have to remind them every now and then. That whole marine spin thing and bring us into the fold, john roberts, youre just hip. Speak of the president is on at the oval yet. To be given us something to watch for now. So the democrats are against this pick. We dont quite know who it is yet, but weve narrowed it down to the four according to john roberts reporting via the president. How much should they be against a pick before its happened because might there be one of them that they could get behind . Andrew no. The opposition to the pick is political and no matter who the pick will be, they will be a fight over it. One is concerned they have a bigger paper trail than the other, different critiques that they make of each individual one, its going to be a brawl no matter he picks. I think a big part of the process will be how the person performs in the tested. Harris was interesting in this whole thing is we heard john touch on it for just a second but lets dwell on it now. This is it for the president and until a new Congress Comes along. So if he doesnt get who he wants at this point, that battle that youre describing is going to just get tougher. Conceivably. Lisa i think republicans will keep the senate but of course you got that deadline looming looking ahead in november, so the going to want to move forward with the confirmation before then just in case matter what happens. You also have to look at politically who has pressure being applied to them. Is not someone like blumenthal. Hes in a state of connecticut, thats not even an issue. You have to look at the red state democrats who ultimately voted for neil gorsuch getting the political pressure. I know that proabortion groups are trying to put pressure on them but theyre not up for reelection right now either and i think ultimately theyre going to end up voting for whoever the nominee is much like they did with neil gorsuch because i think whoever President Trump chooses is not going to engage in hypothetical questions just like neil gorsuch did. Think what we are going to see is the same dynamics play out that we saw with neil gorsuch and he will get his nominee confirmed. Harris so youve got one of two women who were the original 25 candidates, people saying that shes not out, the president according to john roberts really likes her but she would have a difficult time and again youve got one shot at this before new congres congress. Kennedy you also have a president who goes very much on his intuition and how he feels talking to someone and getting to know them. Thats why we have. Harris how do you think the president has done on that . Kennedy look at Vice President pence. There were other people in the running for the vice presidency when he had locked up the nomination but was that he had the closest connection with. Mitt romney although he wouldve been a great secretary of state, he and the president never really gelled personally. The president has endorsed him. Harris he had some pretty incendiary things to say about the president. Kennedy was interesting is to have this dynamic cure of dick durbin saying is much more important for democrats and close races in red states were trumped won come about with this Democratic Caucus and really throw yourselves on the altar of sacrifice. So hes telling joe manchin, joe donnelly, Heidi Heitkamp that it doesnt matter, if youre in close races, it doesnt matter if you have a political future. Thats how important this is. Speech he was interesting to me, and i dont think this is lost in the american public. Its not about are you prolife or prochoice, how do you feel about this issue or that issue, its do you think that a judge should be doing magic tricks with the constitution to make it Say Something it doesnt . s and that what its really supposed to be about . Andrew thats exactly right and whats really lost is what terrific craftsmen of the law these four finalists are. It really shouldnt matter. Theyre all very much committed to what ought to be conservative principles for interpreting the constitution. Kennedy we heard a lot about that after the death of justice scalia. Andrew if he could rank them, probably Amy Coney Barrett of the top and we dont know enough about Thomas Hardiman to my mind but as to the other three, whoever said you can throw a dart and end up with a great judge, i think thats true. And i think the court will be the better for it because you have to consider not only the fact that we are dealing with people who are philosophically and that of mind, the replacement is of Justice Kennedy who was a swinging justice on the court. Melissa is at important . Andrew i think its very important. Kennedy obviously for every president , biggest concern is if you appoint someone to the Supreme Court thinking that they are of one mind philosophically and they completely shift like stevens or even kennedy to some degree, whats more important of an insurance policy, having some with a long list of opinions behind them or someone who is fairly fresh . Andrew thats a great question and i disagree with senator mcconnell to that extent. I think you want to have somebody who has thought about things and written about things. And the worst thing that we can have taking a leap like this because youre quite right, this is the only chance that we will get. Harris we have that information on david souter, didnt we . Lisa we also know that whoever present a trump is going to have a barrage of questions and criticism. Weve seen democrats get out there when we dont know who the nominee is. He should pick whatever he wants to pick because ultimately theyre going to face the same criticism regardless of who it is of the most important thing is picking someone who can deal with that line of questioning the way that neil gorsuch did because part of his benefit was he was so likable and facing those questions. I think thats whats important as well as having someone who is not going to implode their line of questioning. Harris now youve given us a fresh way to see it and that is that you see you can throw a dart and hit just about anyone who would be good for the court and i take that to mean good for the court is replacing a conservative vote the kind of was the deciding vote in sometimes, thats different than good for the court overall. Andrew thing to weave together. Harris maybe its the same same. Andrew you want to know why democrats are lined up against the nominee no matter who it is, this goes to your point about we want someone who isnt going to play games of the constitution. What the democrats want is somebody who uses the law as a tool to drag the society along to where they wanted to be and what we want based on the conservative side is a judge who recognizes that the law is a reflection of who we are. And we want to enforce as our values or principles. We dont want to be somebody else. And thats why this is a more political than legal battle. Lisa thats interesting. Harris the way that people may look at this is conservative versus liberal but what youre saying is. Andrew is the living constitution crowd versus the dead constitution crowd. Melissa magic tricks to the constitution to make it Say Something it doesnt. Because you dont want people legislating from the bench. They were not elected. Only people who have been elected by the people should be making laws. Harris will quickly before we move on, different values for different sides. People see things differently. If youve got the whole roe vs. Wade conversation going on too. Andrew i think roe vs. Wade is a political demagogic talking point more than a practical reality because weve actually been living under casey, which is a case that was excited about 19 years after roe and opened up a lot of avenues to regulate abortion rather than have to grapple with the holding in a roe vs. Wade that this writing says. Is of the cases that are likely to come up in the future are going to be about are these regulations okay, not doing need to confront. Harris was also interesting is youve got Susan Collins which democrats are saying you better watch out, she might go get. Actually, she doesnt believe that john roberts or any of the other judges would go against roe vs. Wade the way that it is, its kind of a false argument that she wouldnt support a candidate unless they came clean about how they feel about roe vs. Wade. Andrew i think this is so overblown because to me, its highly unlikely that that kind of challenge comes before the court, much more likely we will be talking about regulation and lets say even if the fantasy of some that the court jumps in and overrules roe the moment i think is highly unlikely but lets say it happens. All that would mean with that the regulation of abortion would be returned to the states. It wouldnt make abortion illegal. And to me, it seems highly unlikely that any woman who wanted an abortion the day before roe was reversed would be unable to get one the day after, it simply not going to work that way. Harris andrew mccarthy, it is great to have you. Its a great day to have you in a center seat. Glad youre here. You can watch complete coverage of the announcement of the president s Supreme Court twice tonight at 9 00 p. M. Eastern. Kennedy on the fox news channel. Shepard smith on the fox broadcast network, dont you miss a beat. A potential interview between President Trump and special Counsel Robert Mueller seeming less likely to happen as the president s legal team sets new conditions for that sit down. All the details on it and whether this hardline strategy by his team is a good idea. A new reaction to President Trumps personal Attorney Michael Cohen potentially cooperating with federal prosecutors. By Rudy Giuliani says hes not worried either way. They close. You have no concerns at all about anything that Michael Cohen might tell . We are home for it. This is frank. Sup this is franks favorite record. This is franks dog. And this is franks record shop. Frank knowns northern soul, but how to set up a limited liability company. Whats that mean . Not so much. So he turned to his friends at legalzoom. Yup they hooked me up. We helped with his llc, contracts, and some other stuff thats part of running a business. So frank can focus on the beat. You hear that . This is franks record shop. And this is where life meets legal. To give you the protein you need with less of the sugar you dont. Ill take that. [cheers] 30 grams of protein and 1 gram of sugar. New ensure max protein. In two great flavors. New ensure max protein. This wifi is fast. I know i know i know i know when did brian move back in . Brians back . He doesnt get my room. Hes only going to be here for like a week. Like a month, tops. Oh boy. Wifi fast enough for the whole family is simple, easy, awesome. In many cultures, young men would stay with their families until their 40s. Melissa speak to the presids personal lawyer Rudy Giuliani setting new terms for a potential interview between the president and special Counsel Robert Mueller. As mr. Giuliani suggest that likelihood of such an event is becoming less likely. The president s top lawyer now saying that he wants mueller to provide evidence that the president committed a crime before his legal team considers an interview. Watch. We like to know if theres any factual basis for the investigation originally or theyve developed one because we cant find one, nor can anyone else. Nor have they with all the leaking theyve done. Melissa this is a new poll shows how a number of americans are unhappy with the way the special counsel is handling the russian investigation, 45 now say they disapprove of the job that mueller is doing. Thats up from 28 last november. Let me start with you, what you think about this latest attack from Rudy Giuliani . What evidence you have of a crime . Thats the only way should be able to interview the president. Andrew a couple of things here, rudy is my first boss way back when. And hes a great lawyer. But this is a different kind of litigation than hes ever been involved in or we are used to seeing because the president is never going to be indicted, so this is always been about impeachment from the beginning. And impeachment as a political process, not a legal one. I think what rudy has been doing for the last six weeks or so is taking these public positions in the court of Public Opinion where this is playing out in the fact that the polls are moving away from mueller is telling. If this were a legal proceeding, i think youd be much more careful about some of the claims being made because they could come back to bite. In a public proceeding with a really interested in shifting Public Opinion, thats really where its at. And as far as talking to the special counsels concern, if you wanted to talk to a journalist as a prosecutor, you would have to show that there was a serious crime that had been committed. And that the journalist was the repository of information that the prosecutor couldnt get from anywhere else. Why are we comfortable with that being the standard for a journalist but not for the president of the United States . What he is saying is you dont get to talk to the president because it would be interesting. We have to have a reason to talk to him as a prosecutor and the reason is is there a serious crime . I think its where hes quite right to go there. Harris im curious to know how different it is for Rudy Giuliani to take in the ire and the fire and let the president sort of be the good person and all of this in terms of politically saying i want to sit down, i want to do all of these things, but i have to listen to my attorney and letting Rudy Giuliani now take all of that in coming. Andrew the other thing you have to always evaluate with this kind of a thing is what is the client comfortable with . So trump previously had lawyers who were of the man to lets try to work this out with mueller quietly behindthescenes. That mightve been a perfectly fine legal position, is not with the president likes. The president likes to fight and the president may have had a better understanding of his lawyers that what he is in is a public controversy over impeachment. To be hes got polling that shows people want him to sit down so he can answer to that then the Rudy Giuliani can make something different. Lisa what you make of the recent news that hes not going to bring forward any evidence of collusion in the Paul Manafort case . Andrew under the rules of criminal procedure and evidence, if he were to bring in any evidence of collusion, then he would have to provide discovery of all that hes been investigating and all that hes been trying to keep under wraps. I think theres certainly evidence that he is been pursuing and there are strands that have to do with connections with russia. Ive always thought collusion is a weasel word. Prosecutors dont care about collusion. Kennedy is also a political term that is so incredibly loaded but its interesting because as Public Opinion works against robert mueller, you wonder what happens if he doesnt have anything . What happens . If you remember with the hillary email server investigation, we kept hearing these big weeks and it felt like we were building toward a scenario until the moment that james comey said that he was not suggesting the charges. Harris just a few weekends ago, we learned that mueller was never going to indict. What i understand youre saying is that was never the goal in the beginning but to actually get it from reportedly from that team for someone there is really startling. Andrew because of special counsel is actually subordinate to the Justice Department. This is not an independent counsel, its independent doj. So there is office of legal counsel, this positive opinion in the Justice Department at the president , sitting president cant be indicted and there are so many structural protections in our system that would prevent a president who didnt want to be indicted from being indicted that no one, no prosecutor is as sophisticated as mohler would ever have got into this thinking indict the president. So ive always thought that has been about impeachment from the first and to go to your question, i think what you get at the end is a report which the special counsel regulations provide for where i would imagine that where you may end up coming out is theres no collusion, theres no prosecutable obstruction, whether congress thinks theres obstruction in the way of misdemeanors is something for congress to decide and i think what mueller would do is take that as an opportunity to try to defend the fbi and the Justice Department. Kennedy and the expenditure of the special counsel investigation. Melissa in the meantime, giuliani is saying he has zero concerns about trumps former personal Attorney Michael Cohen potentially cooperating with federal prosecutors. It is as long as cohen tells the truth, the president has nothing to worry about. Watch this. Michael cohen should cooperate with the government. We have no reason to believe he did anything wrong. The president did nothing wrong with him. Mueller himself is indicated that he has nothing because he wouldve given it away and not taken it back in every indication we have is the president is not involved in that. Melissa what do you think . Andrew until we hear that theres something that comes out of the Southern District of new york investigation that affects the president about we ought to assume what weve heard which is that rosenstein, the Deputy Attorney general told the president that he was not a suspect, so until we get something more than that. I think thats where we are at. Melissa somebody went in and sees everything, if i had a lawyer who was working for me for a long time and they went in and seized everything, i think they would find something im good for you have and i cant imagine what that is that im not confessing to a crime. But what im saying is. Harris now im googling melissa francis. Melissa here looking for a crime against a person, couldnt you find something that almost everyone including everyone on the couch but not me . Andrew why would mueller then have given the case up to the Southern District of new york . If they thought that Michael Cohen was the key to getting at trump. A federal crime . Kennedy i think you gave it to the Southern District of new york to separated from the federal issue that mueller is overseeing. Then it becomes unpardonable. Andrew i think he could always do that down the road. But i think if they thought that Michael Cohen was the key to making a collusion case where there was a real concern to be doing espionage that there is no reason. Melissa what if its a totally different crime . What if theyre just looking for anything that would be a crime . Harris i do think any of us would be open to a crime but what we would be open to that has been this whole trap argument of if theres any point of inconsistency, but that look like flying and ending memory can force you to do that. A lot of things. I think thats where we may be laid bare with that. Andrew this has been the big objection to the investigation. At the beginning of the investigation, with a big objection to this has been is that in this country, was supposed to happen is we have a crime and then you assign a prosecutor. Lisa is the payment of crime, the origin of this with Michael Cohen . Andrew it could be. Its more likely that there is a high intent issue with these Campaign Financing to begin with. Lets assume for the sake of argument that is against the law. Theyre usually handled as regulatory or administrative violations and is usually a fine grade harris judge napolitano has said that they would involve the banks at that point. With the many lied about that that situation where the funds are being moved . A lot to drill down on. Sharp words for north korea from secretary of state mike pompeo after pyongyang accuses the u. S. Of gangster like diplomacy. What this means for the Nuclear Power ahead. To be their best, kids need good nutrition. And practice. Lots of practice. Get them started right with carnation breakfast essentials. It has protein plus vitamins and minerals to help kids be their best. Carnation breakfast essentials. Ywhen the guy in front the highway slams on his brakes out of nowhere. You do, too, but not in time. Hey, no big deal. Youve got a good record and Liberty Mutual wont hold a grudge by raising your rates over one mistake. You hear that, karen . Liberty mutual doesnt hold grudges. How mature of them for drivers with accident forgiveness, Liberty Mutual wont raise their rates because of their first accident. Liberty mutual insurance. Liberty. Liberty. Liberty. Liberty. In honor of my dad, who was alzheimers. I decided to make shirts for the walk with custom ink, and they just came out perfect. [announcer] check out our huge selection of Custom Apparel for every occasion. Youll even get free shipping. Get started today at customink. Com. Kennedy welcome back. A secretary of state mike pompeo hitting back at north korea after they slammed americas diplomatic behavior. The regimes statement the attitude of the u. S. And the first highlevel talks were indeed. Credible. It went to the extent of regarding the democratic peoples republic of china rehab would be compelled to accept out of its patients the demands reflecting gangster like mindset. Pompeo sang the two nations have productive talks and north korea has reaffirmed his commitment to dismantle its nuclear arsenal. Watch. I am determined to achieve the commitment that President Trump made and i am counting on chairman came to be determined to follow through on the commitment that he made. And so if those requests were gangster like, the world is a gangster because there was a unanimous decision of the u. N. Security council about what needs to be achieved. Kennedy what happens now . That seems to be a direct page taken from north koreas playbook where they acquiesce, and they back off, so were to we go next in this . Andrew we wish we could rewind the tape and not go where we went first place but i think hes got to turn the page back to maximum pressure and we have to recognize that this is a folk antiamerican regime that really doesnt want to have the kind of vision as the Korean Peninsula, their vision of the Korean Peninsula is north korea running the Korean Peninsula. And they are not moving off of that. And i think we have to recognize that the nukes are an end to that a means to that end. Kennedy you have south korea and the United States on one side hoping that there is some opening of the fleamarket and greater freedoms of choice but then you have china who is stoking this north korean abstinence and in fact Lindsey Graham said it wasnt just kim jong un stroking his own chin but rather big brother. Watch. I go i see chinas hands all over this. We are in a fight with china. If there is no doubt in my mind that is the chinese pulling the north koreans back. Kennedy the president tweeted i have confidence that kim jong un will honor the contract we signed an even more importantly, our handshake when we agreed to the denuclearization of north korea. If china on the other hand may be exerting never negative pressure because of chinese trade. Hope not. Is there a direct correlation here between the new tariffs and the back and forth between the u. S. And china and all of a sudden, north korea once again being a bit bearish on these talks . Melissa i absolutely think there is. I was on the terracing was connected to this as well. However, a more positive on this then you are andy. I think that we are in a good place if we have kim jong un saying things are unhappy. Its interesting that the naysayers when theres happy talk, they say look, the president is a sucker, he is getting walked all over. And then when theres talk like this, they say i told you so, i told you nothing was happening. You cant listen to them. But i think this is part of if you listen to general jack keane, this meeting was about pompeo going over there and being tough and crusty say and guess what . Its time to put up or shut up and here is what we want. If we didnt get pushback from north korea at this point, i wouldnt be confident that he really carried the right message. Lisa shouldnt we want to be gangster like in this . Is an attempt has touted the maximum Pressure Campaign and sanctions and leave in the military option on the table is a reason why north korea wanted to sit down with us in the first place. So i think we should be gangster like in our approach saying theres a stick here and we are not afraid to use it. And senator Lindsey Graham also said we have more leverage with china as a President Trump should not sway or reduce that pressure we are putting on china. On that front in general, jack keane said earlier today on americas newsroom that is these working groups talking about denuclearizing, where the action is going to take place so as those warm out, i think we will learn more about it. Kennedy what is more attractive to north korea . With the u. S. Has to offer and that economic promise being welcomed into the Global Community or further dependence on china . Harris thats an excellent question. Ill tell you one thing the dependence on china gets them is the idea of consistency in their livelihood. They know that thats something they can count on. And they know that as we are exerting extreme pressure, china is going to delay their energy. In terms of what is possible, may be a low ceiling but the bar is low for them anyway. Theyre looking at that consistency and sing the matter what america or other countries do, we know somebody is clutch for us in terms of her energy is not going to go away. I question about china and the trade in all of that, the president is negotiating. He is negotiating some deals simultaneously with regard to trade trade so you can bring that into the conversation but remember, the president made the observation a couple months ago. Every time north korean leadership gets together with the chinese, they change their behavior. Regardless of what we do and what our trade looks like. Andrew i just think if youre going to have an effective negotiation come it be nice to know that everybody meant the same thing. Harris is where we started, thats where general keane and others began. Andrew we think that means giving up the nukes. And they think it means we are out of the Korean Peninsula. Until we are settled on what we actually are doing. Kennedy there has to be several tough conversations before we get to somewhere substantial which is with the secretary of state was doing with this most recent meeting. Top democratic senator now suggesting red state dems should be willing to lose their reelections to stop President Trumps Supreme Court pick. So what do you make of that and have the president s decision tonight play out in the midterms for both parties . We will debate and discuss in a moment. Harris we are now just hours away from President Trumps announcement of his Supreme Court choice amid new questions and how this could affect the midterm election. Red state democrats on the hot seat over whether they will support the president s nominee. Now the second highest Ranking Senate democrats dick durbin is suggesting that opposing the president s choice is more important than getting reelected. Watch. Its about more than the next election. Its about what in the country, the United States of america is going to return course in the future court. I think each and every one of them take that seriously, that personally. It goes beyond the next electio election. Harris so youve got the politics and this is where we started with the hour, now we are hearing from dick durbin we got politics versus the reality of what somebody might do. Like after their name then you can actually ask them questions. Andrew i actually think hes right from the standpoint if youre a progressive and you rely on the courts to blaze the trail that you cant enact electorally and you need the courts to block someone like trump were conservative congress that comes in and move in a particular direction, that obviously the court is more important than anything. So for him to say it is more than being elected, i think from where theyre coming from, thats true. Andrew are to be willing to throw yourself on the track some of the train right over you and kill you for your party. Lisa what is hilarious about this is that dick durbin represents illinois. Blumenthal has also been very critical. Its hilarious for him to be asking these red state senators to throw themselves when theyre not facing tough reelections like the people like joe manchin in West Virginia or president President Trump won every single county in the state. Youre going to see where the pressures being applied and thats where you need to look in trying to read the tea leaves of the confirmation process, as the states where the pressures being applied, those of the red state states. Kennedy is shocking to me that hes asking a group of people, not just one person, but a group of people to essentially end their political careers. Because the democrats, the democrats are going to lose and then youve got these people whove been touting in their own campaign ads that they vote with the president , a majority of the time Democratic Senators, that is their biggest message running for reelection. Going to those voters and say i know you like this nominee better, i totally understand that, but im beholden to dick durbin and this establishment, this party that has done nothing for you, sorry, vote me out. Harris it is an interesting argument. Kennedy are not only are you losing the nominee, your being republicans in a much bigger lead in the senate. Harris when you look at the fights that democrats say theyre willing to wait here without any leverage or majority if you will. Conceivably if the three democrats do join. When you look at that whole thing, does this reflect how they are smarting over the fact that they didnt push back so far on neil gorsuch . Andrew of course they are smarting about that. But this is what its all about for them. The court is critical for them. And the politics ebbs and flows, i think this is so epically important to them that they would be the same no matter what the line above the political factors were. Harris interesting. For the first time, the American People will finally get their chance to hear directly from the antitrump fbi agents involved in the investigations in the Hillary Clinton email server. In the trump campaign. What to expect from peter strzok goes before congress. I have so many questions. No matter who rides point, there are over 10,000 allstate agents riding sweep. Call one today. Are you in good hands . With tripadvisor, finding your Perfect Hotel at the lowest price. Is as easy as dates, deals, done simply enter your destination and dates. And see all the hotels for your stay tripadvisor searches over 200 booking sites. To show you the lowest prices. So you can get the best deal on the right hotel for you. Dates, deals, done tripadvisor. Visit tripadvisor. Com and help you feel more Strength Energy in just 2 weeks. Ill take that. Ensure high protein, with 16 grams of protein and 4 grams of sugar. Ensure® with 16 grams of protein and 4 grams of sugar. Where were making the next generation of multiscreen welcadvertising possible. Ght, we have the broad and targeted reach you need to access the customers youre looking for on tv and digital platforms. Then we connect you to our team of media experts, who are ready to help you maximize your budget while elevating your advertising effectiveness. Sounds like an advertising opportunity knocking. Visit comcastspotlight. Com today. Melissa more outnumbered and just a moment but first lets touch base with harris and whats coming up on outnumbered overtime in just a few moments. He went inside this countdown which is about eight hours away, weve got a big show until the president reveals his Supreme Court nominee. Adjoining the next hour, someone who has taken part in the confirmation of every single sitting justice on the Supreme Court right now. Republican orrin hatch of the Senate Judiciary committee will be with me. What questions will senator hatch ask of the next nominee . And what does he need to hear from the president tonight . Watch for it, over time atop the hour. Melissa we look forward to it. Fbi official peter strzok who got bounced from the mueller russia probe for his antitrump Text Messages set to testify publicly for the first time on thursday. He will go before the house judiciary and oversight committees. Republican lawmakers want answers about those texts and what role his bias may have played in the russia probe and the Hillary Clinton email case. This coming after his 11 hour closeddoor meeting with lawmakers on both committees last week. What would you ask him . Andrew i believe it when i see it. Melissa you dont think its going to happen. Andrew you see has lawyers talking about whether this is a perjury trap and that certainly makes it sound like there thinking about taking this fifth amendment, he doesnt want it in the air that hes taken the fifth amendment because he is afraid of criminalizing himself. I think what they are doing at the moment looks to me like they are looking to shift the spin or the blame for when he doesnt testify. Melissa what would you ask him if he got up there and actually did it . Andrew i would want to know about the origin of the investigation which is i think the thing that congress has been trying to hone in on for weeks now. The origination story that they put out that this all started on july 31st doesnt hold water. So i think they have to ask some very hard questions. Lisa why havent we learned more about that . Andrew i think we are speculating, he could say that upfront. But you probably have participation of the intelligence community, you may have participation of the intelligence agencies of other governments and if not the intelligence agencies may be officials of other governments and are probably concerned about all of that. Kennedy i want to know what the insurance policy was and why was peter strzok so quick to insert himself and really start the russia investigation straight off the heels of the hillary email server investigation when Michael Horowitz said that is not protocol and not how things are done or investigations work. You dont go from one to the next and i want to know why he violated that. Lisa is kind of hilarious theyre trying to pin this on republicans and set it up on some sort of republicans have a disdain for the truth when its the independent investigator in the ig report that said not only did he have a by a state of mind but a willingness to take action. He was texting about we will stop the president. What was he going to use in his arsenal . I dont think were going to the answers even if he does testify. Andrew the day after mueller gets appointed, he says he wants to get on that investigation because its Unfinished Business as far as hes concerned. Melissa weve got to go, thats quite a tease. More outnumbered in just a moment. Your heart doesnt only belong to you. So if you have heart failure, ask your doctor about entresto. It helped keep people alive and out of the hospital. Dont take entresto if pregnant. It can cause harm or death to an unborn baby. Dont take entresto with an ace inhibitor or aliskiren, or if youve had angioedema with an ace or arb. The most serious side effects are angioedema, low blood pressure, kidney problems, or high blood potassium. Entresto, for heart failure. Tap one little bumper and up go your rates. What good is your insurance if you get punished for using it . News flash nobodys perfect. For drivers with accident forgiveness, Liberty Mutual wont raise your rates due to your first accident. Switch and you could save 782 on home and auto insurance. Call for a free quote today. Liberty mutual insurance. Liberty. Liberty. Liberty. Liberty. Melissa thank you so much to andrew mccarthy, you were awesome. What a great day to have you here. We will be back here at noon eastern tomorrow on the couch. For now, here is harris. Harris a fox news alert, we are now just hours from learning President Trumps pick for the Supreme Court. Which could tilt the balance of the high court for a generation or longer. If we go outnumbered overtime now, im harris faulkner. Who will it be . The drama, the anticipation ahead of the president s primetime announcement building hour by hour. If the president telling reporters that he is very close to making a decision and that he has whittled his list down to four top contenders. Im very close to making a decision, have not made it official yet obviously. But we are very close to making a decision. Lets say its for people, but theyre excellent, everybody, you cant go wrong. Harris lets say it is for people, the