take the speaker's gavel for the second time. this is "outnumbered overtime," i'm harris faulkner did. now voting for the new speaker of the house. nancy pelosi expected to win as president trump is getting his first taste of divided government. democrats taking control of the house today. the new congress officially in business in the past hour, following an unproductive white house summit yesterday between the president and congressional leaders on a partial government shutdown now in its 13th day. nancy pelosi says democrats will move ahead today with plans to go on a spending bill. she says it will not have cash for the president's ball. the white house calls it a nonstarter. nancy pelosi adamant on what she means by know when it comes to the wall. watch it. >> are you willing to come up and give him some of this money for the wall? apparently that's the sticking point. >> no, we are talking about border security. >> harris: doug mckelway, let's talk start them off on te

activity on the capitol hill. we saw the senate side, now is the house's turn for leadership. >> that's right, in the spending bills nancy pelosi has suggested. we expect her to become speaker. it basically funds six government agencies, separately funded. a different bill, the deferment of homeland security. but it would omit any funding for the border wall. democrats say this is a no-brainer because it ends the government shutdown. >> there is a way to end this, and the president can do it in me to the prewe offered it to him yesterday. the republican-passed spending bills for eight different federal agencies and departments, and two and ask them today. that would be the end of the shutdown. he said no. >> for the president, it is also a no-brainer. the border wall was his chief campaign promise. and to renege on a campaign promise like that, he realizes, has left many politicians in the dust. you can't forget george bush and

his pledge of "read my lips." he can't be disingenuous when it comes to this offer. here is steve scalise. >> the president and vice president stayed here over the christmas holidays, and there was absolutely no negotiation of the other side. they want to keep doing and have a government shutdown while president trump says he wants to secure the border. >> never mind the fact that sent majority leader at mitch mcconnell has made it abundantly clear repeatedly that he will take up no bills that can't garner a 60 vote majority in the senate and cannot garner a present for signature. in other words, the democratic offer is on arrival. there is another factor as it comes to this issue pregnancy pools can only afford to lose 22 democrats in her bid for house speaker. you cannot afford to lose open border social democrats who are failing to bring their own agenda to the democratic-held house. >> what our community and what

my community and what the american people really want us to see and show is really political courage. i think the movement -- and by having a whole wind of people behind your back calling our offices and saying "stand up, don't fold, stick up for our values," it's something that creates more courage. that courage begets courage. >> there is a suggestion that once pelosi becomes speaker and secures her left flank, then she will be more free to entertained some funding when it comes to the border wall. there is a theory that to do so would poison the well, poison the future for the left flank of her own party. >> harris: that's really interesting. i want to bring up some breaking news we just got from our producer. michigan representative, g.o.p. a mosh says he is voting for

massey for speaker over kevin mccarthy just moments ago. that got a round of blues. we should note, doug mckelway, is not in any jeopardy at this point on the republican side. >> not in any jeopardy, but unlikely to win the speakership. i'm assuming that was in the race for house majority. excuse me, house minority leader and not speaker. i'm not sure of that. >> harris: it's interesting, because we were talking last hour about how we haven't seen anybody step up on the republican side the way they had and voiced opposition to nancy pelosi. >> it's all a reflection of the increasing fragmentation that you see in congress. various factions. i don't think that will go anywhere. it's something to be reckoned with for the foreseeable future, at least. >> harris: doug mckelway, thank you very much. it appreciated. i want to bring in white house senior advisor for strategic indications, mercedes is with us. think of being along on this historic day. the president says he is willing

to recross out. in fact, he worked during the holiday season, saying "where is everybody close to not come back. i need those democrats to talk to." how's it going in terms of finding the juicy middle and opening up the government in this partial shutdown? >> the president yesterday met with both the democrats and the republican congressional leadership. the democrats pretty much jumped right in and didn't lead to secretary nielsen give her presentation with the facts of what we are seeing right now as a border crisis. in essence, they came up with their proposal. but their proposal, of course, keeps the funding at $1.3 billion. it doesn't go any further. in essence, it doesn't do enough. the president has asked them to come back tomorrow to basically continue these negotiations. as we know, harris, at this point this is going to be the first test for nancy pelosi in terms of her leadership. can she control radical

progressives in her party who want medicare for all and open borders customer and can she successfully negotiate opening up a government? those are going to be two critical points for nancy pelosi as the new speaker. >> harris: it's interesting for you to point that out. moments ago we had a sound bite from alexandria ocasio-cortez, that socialist who won here in new york. she's a freshman member and out of the house. she said "americans need political courage at this point." it will be a challenge for nancy pelosi to go against those types of words on the left, because they are making it about americans. i know the words matter. >> and political courage also includes ensuring that we keep our communities safe. secretary nielsen made a great point at the presentation, where she said we are not in a status quo situation. we are in a crisis situation. when you look at the facts, our immigration system is

overwhelmed. our border patrol agents don't have the resources. they don't have the facilities, and they don't have the legal authority to deal with the onslaught of these illegal aliens crossing our border. we have seen an increase of over 90% of illegal border crossing in the last two months. she is basically saying, since we aren't in a crisis situation, that we can't allow status quo funding. it's by the president is asking for more border wall funding, and even the democrats said "look, we want strong border security." so we need to come on board, they need to negotiate. they refused a good-faith offer, and nancy really needs to figure out a way. and the democratic leadership, how they are going to successfully reopen this government and negotiate with the president. >> harris: albright, a couple of follows they are -- secretary nielsen says this is not a status quo situation. this is a crisis. i know from past reporting that

this is something that has been talk about. the president could look at the board as an emergency situation and do something here, albeit it might be more temporary than he would want. but he doesn't necessarily need congress to do what he needs to do on the border. is that still factual? >> the president has mentioned before that he wants to find ways to ensure that we are able to secure our border and find that funding. the question right now that we have at hand is how we are going to reopen this government. this is going to involve the negotiation of congress. it's what the president is focused on right now. it's why vice president mike pence and the team went over to the democrats, gave them a good-faith offer, they refused to come back. they were stuck on the $1.3 billion. despite the fact that nancy pelosi wants to get more foreign aid money and add about $12 billion over the president's proposed budget on foreign aid. they are willing to put the needs of foreign agents over the needs of our own citizens and

keep our communities safe. >> harris: what i hear you saying in answer to my question, we are not the point where he would do an executive order or whatever that other alternative might be. that's important. if you think you're going to pull that emergency hat, you are going to negotiate different lipid what's critical about what you are saying, mercedes, the president is trying to reach across the aisle and there is one word that has stuck. would he not use the word "wall" in any instance? >> the president has talked about physical barriers. he has talked about steel slats. actually, the democratic leaders saw pictures of it. nancy pelosi mentioned, "i don't want to use a concrete wall." the president came up and said "look, this is what we are putting up a different areas across the border." what happened is that the democrats have put forth the $1.3 billion and below figure with a lot of restrictions. not allowing the department of homeland security to prioritize and put up the fencing and the wall where we need to have it

come across the board. >> harris: all right, just really quickly, when the president was considering the six different prototypes for the wall, the slat system was on that. we had a reporter down there, we featured it. we knew. this is not breaking news in that sense. it's fascinating that democrats are stuck on that point. but we will move on. so, democrats may pitch, mercedes, to the idea of more and more investigations with the president in the white house. what is the reaction from the white house on that? >> the president has made it very clear on the democrat side that he wants to work on policy. he wants to work on ensuring that we are able to pass the usmca, the biggest trade deal that we have successfully -- that the president successfully negotiated. we want to work on infrastructure, invest in our american workers. we want to keep our economy booming with the lowest on appointment rate that we have seen. if they decide to go down the path of subpoenas and investigations and continue

distraction, i told you, the president says he will fight back. that's his position on this, and he will make sure that what he does is keep working for the american people. if the democrats go down that losing pathway of just focusing on subpoenas, i think it will hurt them in the long run. >> harris: interesting. we have a legal expert by the way, alan dershowitz, joining me in just a few minutes. he says there is something the white house should definitely do at this point. i encourage our viewers to watch that. i want to thank mercedes schlapp of the communications team at the white house. thank you very much. good to see you, and happy new year. >> thank you, harris. happy new year. >> harris: mitt romney now sworn in as the new senator from utah, days after he continued to criticize president trump. he is backing off on some of his harshest claims in that op-ed published on the first day of the year. the president, of course, is responding. we dig into the back and forth. stay close. news on the house floor, too. we will bring you all of it as it happens. ♪ okay, max...time to help mrs. tyler

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the president, in a scathing "washington post" op-ed. this morning, mitt romney appeared to dial things back a little bit, talking with reporters. >> i actually said prior to the primary, in an op-ed that i wrote in the utah papers, that i would work with the president on police would be degree. wherever he disagreed, i would point that out. that's the great nature of this representative democracy, we agree, we come together. with our disagreements, we express those openly and honestly. that allows people to have trust in one another. i look forward to being able to have a trusting relationship with the president and with others despite differences from time to time. >> harris: good walk back. it's a dance. rich edson outside the white house. a softer tone. >> a little bit softer, especially as senator mitt romney. now-senator mitt romney. he marches to returning to office by criticizing the president of his own party, saying he has not risen to the

mantle of the present c. president trump respond quickly. >> i which he could be more of a team player. i'm surprised he did it that quickly. i have great popularity in utah, i love utah. i did something for them which nobody would have done, that has to do with their parks, as you know. >> the republican national chair committee woman, ronna mcdaniel, also criticized his remarks calling them unproductive and disappointing. the president just read on that, by the way. "the rnc has a great charwoman in ronna mcdaniel, and the g.o.p. has been stronger. we achieve historic winds with her help last year. make america great again!" mcdaniel is also mitt romney's niece. she said she loves her uncle, that are treated nothing to do his family. and she says the president and romney can have a productive relationship. >> i don't think that's the case. he has said he will work with the president. the president said "let's be a team, let's work together." he put out an olive branch. i hope they can work together. think of how powerful these two men could be if they were working together on issues, and what we can do for our country.

>> in his piece criticizing president trump, now senator romney also says he does agree with the president on a number of fronts when it comes to reducing the corporate tax rate, curbing a number of regulations, his conservative judge choices, and confronting china on what he says are its unfair trade practices. harris? >> harris: rich edson, thank you very much. i want to bring in long he chen, former policy director for the romney ryan presidential campaign in 2012. he just came in from the ceremony where romney was sworn in sometime ago. thank you for joining me. first of all, why write this scathing op-ed on the president and then walk back your words but the next day? >> first of all, the purpose of the op-ed was to outline exactly where senator romney is going to be. exactly what his relationship with the president is going to look like. silica, the areas where they agree. if it is will overlook part of the op-ed. as the party emphasized today. that they can work together on judges, getting tough on china,

on regulatory reform. i think it's really important. i agree completely, by the way, with chairwoman mcdaniel. if these two women are able to work together, if senator romney and the president are able to work together on some key policy areas, it is going to be an unstoppable team. i think you're going to see some opportunities for that earlier in the congress. >> harris: do you see any grounds for the criticism that mitt romney is a lot a lot like jeff flake of arizona, and corker? that it will be opposition for opposition's sake? >> i don't think will be the seminal. i think if there is opposition it will be on grounds of certain principal. may be on policy. i think they may disagree occasionally on policy. it's not going to be disagreeing just to poke someone's eye or just a bother someone. it's going to be disagreement based on principle or on policy. i don't think you are going to see a similar kind of attack or approach from senator brown day. >> harris: you were with him in 2012 and you saw what the

world saw, just leading up to 2016. with mitt romney on the dais at an event, verbally attacking then-candidate donald trump. that seemed personal. how do you go forward? the nation hasn't forgotten seeing that. >> in the middle of the campaign, we recall -- you were there to cover a lot of the campaign. it was ugly. not just in terms of the speech-making, but if you look at some of the names that ted cruz and donald trump call each other, similarly with others, though the president has been able to work with. i think the president has exhibited an ability to work with pretty much anybody who's willing to come come to the tae with him. a camping is a campaign. people recognize it's hard-fought, they recognize they say things they might want to say different league later on. the reality is they are going to be able to work together when the issues and the time call for it. that's what the op-ed is about. saying they are going to work together when the time calls for it. but calling him out when he

disagrees with it. >> harris: it became new year holiday father. questions from just regular folks. is he setting them up to run? for president questioning >> no, i don't think so. he's answered that question conclusively. there will be a presidential campaign in 2020. there is a lot of disarray on the democrat excited. that will be the entertaining side to watch. on the republican side, i think everyone agrees the president has got remarkable popularity with the republican base. anybody who takes him on, and i'm sure somebody may try -- anybody who takes him on will be in a difficult position, for sure. >> harris: i want to talk brass tacks. what does mitt romney bring to the table? in massachusetts, the health reform he brought was dicey for people there. it was problematic. now you have a situation where obamacare is melting down. this current administration has taken some of the meat, the bones come out of it. the mandate. does he bring something to the conversation? it's an leading indicator for how democrats were going to do

against republicans in the midterm. what answers does he bring? >> harris, i think he does. he has experience having been a governor, having put a health care plan into effect. which obviously has some controversy around it. you learn lessons from that and figure out. he's taking a bigger role. the challenge of obamacare, gave the federal government far much know mike too much authority over the health care system. he's going to be an advocate along with donald trump and other republicans returning more power to the states. through his role, by the way, and the health committee and the senate, you will see him turning away from some of the more demo kit devastating sides of obamacare. that hurt working americans. >> harris: thank you for being on the program for the first time. i hope you will come back. >> thank you, harris. >> harris: we are awaiting a vote on the new speaker of the house. nancy pelosi is expected to win, but there already have been a handful of democratic defections. the power panel is here. how many votes for no country

to? i believe up to 22. recovering. the mueller investigation moves into 2019. can we expect house democrats to try to impeach president trump regardless of the findings? alan dershowitz is coming up. the legal group, to talk about that. he says there is something the white house needs to do. stay close. ♪ we know their rates are good, we know that they're always going to take care of us. it was an instant savings and i should have changed a long time ago. we're the tenney's and we're usaa members for life. call usaa to start saving on insurance today. smile dad. and we're usaa members for life. i take medication for high blood pressure and cholesterol. but they might not be enough to protect my heart. adding bayer aspirin can further reduce the risk of another heart attack. because my second chance matters. be sure to talk to your doctor before you begin an aspirin regimen.

>> harris: let's take a look at the dow on a bumpy day. we expected this tough day on wall street after apple cut at serving expectations for the first time in 16 years, due to slow iphone sales in china. fox business' susan lee is live now from the new york stock exchange. susan, just a quick question to you -- apple tied to china. we know what's going on with the chinese markets right now. okay, take it away. >> [laughs] as you know, harris, chinese economy is slowing down at that point. we have the chinese consumer weakening with the worst retail sales in 15 years.

then you have that trade were, that ongoing trade spats between the u.s. and china. that's why you are looking at apple, saying they are going to sell less iphones than anticipated in the world's second-largest economy. we have had this in the market for the wild. we know that they have been slowing down. we know there's a strong dollar effect. we know that there are ongoing china trade tensions. the fact that we are looking at apple right now getting hammered, some are thinking apple should have come out ahead of this because we have the suppliers telling us weeks in advance that they were looking at iphone orders decline. apple trading at its lowest level in 18 months, harris. it's its worst loss in six years. >> harris: i can't even speak to the fact that they didn't know that was coming seven days later, that feels disingenuous. that's tough. really quickly, when i sat down with the president a couple weeks ago at the white house, he told me -- i asked him if china would capitulate some of the tariffs, and the strong position that the united states is in right now.

he said "i wouldn't call it capitulate, their economy is hurting. they are going to have to do some things." your last quick thought? >> i completely agree. if confirmation with that. it's in place, retail is weak. in the stock markets are down. it's the worst-performing major stock market in the world of 2018. i think there might be some capitulation, as you said. the chairman of the white house economic council today said that if we do get a trade deal, sales for the likes of apple may go up in the future. >> harris: look at that! see that? i think that's of the men next to me would call leverage. susan lee, good to see. we are watching it all on fox. looming questions today about what the new year will hold for president trump and robert mueller. there are reports that the special counsel could submit his report to the attorney general by mid-february. my next guest points out in a new piece for the hill, that document would be only one

sided. alan dershowitz writes this. "all of this is why the legal team of president trump should demand, as a matter of basic fairness, but the special counsel report should not be released to the public or to congress until his attorneys have a reasonable opportunity to study it and file a response." now, joining me -- today his book drops -- author of the new book "the case against impeaching trump," we have a lot to talk about. harvard professor emeritus, alan dershowitz. >> except it's now the case against the democratic house impeaching trump, because the democrats took control of the house today. the real risk to trump -- you never had that risk when the republicans controlled the house -- but the democrats, by a simple majority, could do with the republicans did to bill clinton 25 years ago. >> harris: can i take us back politically, quickly? that ended up writing republicans. >> it did. this would end up hurting

democrats. >> harris: sometimes you can learn from another man about stress mistakes. let's see if that happens with the democrats. i'm glad you are here to talk about this today. let's hit that impeachment, if we can. and what really is they are, as to what is fantasy with regard to the president. >> the flamers of the constitution were very careful not to allow a president to be removed based on political differences. that's why we have elections every four years, every two years when it comes to congress. they specify that a president could be removed only for committed crimes such as bribery, treason, or other high crimes and misdemeanors. nothing that has come out publicly, at least so far, fits those very, very specific categorizations. >> harris: let's talk about robert mueller's report, and your caveat, if you will, if this goes public. it's what you are saying, that the white house demand that they

give you an opportunity before they release this. >> otherwise it's completely one-sided. mueller only heard evidence from people who were trying to find evidence crimes and sins against president trump. he didn't listen to exculpatory evidence. he didn't allow anybody to cross examine these witnesses. what if, for example, he's relying on cohen or on manafort? and they haven't been cross-examined? they are admitted lawyers. it seems to me the trump team has to have an opportunity to rebut, present their case, and then congress and the public can look at them both together. >> harris: alan, how would it work? do you get an opportunity as counsel for the president to then depose these people, like michael cohen? as you say, he's been proven a criminal lied. or will he rebut based on what your client is telling you? those are two different things. >> there's no question about that. first of all, i'm not the president of post-wrestling. i'm just a commentator. but the president 'lawyers will

seek an opportunity to cross-examine these witnesses through the senate. they will choose to cross-examine witnesses who come out in favor of trump in the rebuttal report. but the rebuttal report can't wait for the cross-examination. it will be based on the information that is now in the public record, and information known to the client. namely, the president. >> harris: michael cohen -- and we saw this with the sentencing, sentencings of people. manafort, company cohen, so soo forth. he has a window to report. what happens during that window? >> he tries very hard to cooperate even more. the problem is judge ellis, who presided over the manafort cases. sometimes these people not only sing, they compose. they improve on the story. >> harris: that's called lying. >> it is called lying, but they do it because they think the better their story, the better the deal.

that is the fear. >> harris: problematic, though, for the president -- because you can't forecast what they will lie about. and to the depth of it. the president told me a couple of weeks ago that his mistake -- and this is a man who doesn't admit regret -- he said, "i made a mistake when he hired michael cohen." and he did it on such a small favor. he exposed everybody to that, though. not just his own businesses, the president. now the whole world is exposed to michael cohen. >> i wish he would acknowledge more of his mistakes. yes, that was a mistake. it was a mistake to fire comey. >> harris: hillary clinton would have done the same thing, don't you think? >> of course she would have. that would have been a mistake, of too prayed had he not fired comey, he would've had the investigation, it would have been quiet at over a long time ago. he is made a number of mistakes but some of his tweets have been mistakes. i've never given him advice because i'm not his lawyer, but

what i have said on television is, "don't pardon. ">> harris: anybody. >> anybody at this point, who is involved in this. he should pardon people have gotten raw deals and deserve to be pardoned. don't fire, certainly don't fire mueller, don't fire people like that. don't testify. and, don't tweet. >> harris: don't testify, so you still don't wanted to sit down with mueller? >> absolutely not. nobody interviews you in order to help you. they are only trying to hurt you. >> that some good advice right there. where you are listening? [laughs] >> in 53 years practicing law, i've never had a client sit down with the prosecutor. i almost guarantee you i will end my career never having had a client sit down with a prosecutor. >> harris: and that is wisdom. i want to go back to comey for a second. he's a different type of a political animal, now, as he's telling people to get out and vote for democrats. he has chosen a side, no matter whether he was registered as a

republican previously. if that already existed in him -- and do you trust that he could have just gone on without the president interfering in firing, and given a fair shake? because there were people who were working for him, allen, who were not giving the president a fair shake. we know that from the text message. >> him becoming so partisan shortly after leaving this nonpartisan position, is terrible reflection on the fbi. i know several agents, high-ranking agents, who were appalled at what comey did. appalled that he wrote the book, appalled that he is taking political positions. partisan positions. i write about that in my book, "the case against the democratic party of and an end pete's ince "but i wanted was a nonpartisan expert commission, established to hear evidence as to how russia tried to influence the election, and how we can some of them are doing in the future. >> harris: why did we get

that? >> because of her buddy so partisan now. they want finger-pointing, they want to weaponized criminal justice system. they want to use impeachment in lieu of elections. in my book i argue very strongly against using the constitution and the impeachment power and the criminal justice system to settle political scores. >> harris: for both sides. because it harms democracy. >> absolutely. >> harris: alan dershowitz, thank you. hold up your book! we are getting ready to talk about it. >> very readable. very easy to read. >> harris: entry reads like a legal brief. short and to the point. >> not like a legal brief at all. >> harris: "the case against the democratic house impeaching trump." as we await the votes for a new house speaker, a newly-divided government is paving the way for some major battles on capitol hill, from funding the government to foreign policy. a look at some of the biggest obstacles the new congress will face. stay close. ♪

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♪ >> harris: president trump is about to deal for the very first time with a divided congress. democrats officially take control of the house why would republicans expand their majority in the senate. the competing agenda could spark some major fireworks. the hill is highlighting battles over government funding, nominations for defense secretary, attorney general, u.n. ambassador, raising the debt ceiling, replacing nafta, and on foreign policy the u.s.-saudi relationship. the power panel slides and now. founder of run for america. alec smokes, executive director at the america rising packed. good to see you both. let's start with what's playing out right now on the house floor. because we are already beginning to see a back and forth, and its intraparty. the democrats are nominating people against nancy pelosi.

>> nancy pelosi has a tough job on her hands. not only is she coming into the speakership a little bit weakened by all these democrats who are voting against her -- although some, notably, are breaking their campaign pledges do not vote for her and voting for her today -- she has a progressive wing to her left that is increasingly noisy and increasingly aggressive. she also has these democrats in moderate districts, some of whom did not vote for her. these are people that are not going to be on board with the impeachment agenda at all of the other kind of tricks that the progressives have planned. >> harris: i wrote down what you said because i liked the way you put it -- increasingly noisy on the left. today some of that noise, david, is coming from members of your own party. a democrat in new york who voted for the former nominee, stacey abrams, on the house floor. i don't know if they have enough votes to block nancy pelosi, but ouch! >> there are a number of people

who come in the democratic party, have said for a long creative time -- and i am one of them -- then nancy pelosi should not be the speaker of the house. she is getting sworn in as speaker of the house, and an important concession to get made by these people that she will not be there for any longer than two years. >> harris: is that something they actually signed a piece of paper on postmark i have known politicians to be -- >> if you want to get into it, the deal signed in the caucus actually says basically that she will not be allowed by new caucus rules to run for another term. at that point, if she decides to do something about it, there will be a strong opposition to her. the reality is, regardless of nancy pelosi being sworn in to the speakership, you are seeing that democrats do have other spokespeople and they are going to shift their focus to who is actually carrying their message away from nancy pelosi. they will be 20 people running for president. to be perfectly honest, you're not going to hear as much from nancy pelosi's people on alex's

side of the aisle might want us to. >> i think it might make more complicated for nancy pelosi, because she's going to hold the stock is to give it. the progressive members of congress are influencing the kinds of positions that is 2020 candidates are taking. they are altering to leapfrog to the left of each other. >> harris: i was telling david, "hold on, let her finish!" the hill, alex, is put forecasg some political severe weather. [laughter] its way to get bumpy. what do they do know that they don't lead in the house but they still have to be part of something getting done? >> if you look at the senate, we expanded our majority there. it's a quiet and untold story, the judicial nominations that will be going through the senate and continuing to get confirmed. this is reshaping the federal judiciary for generations. i think what republicans have to be doing is be presenting alternative to what democrats are proposing, and really taking advantage of situations where

the democrats are clearly out of the mainstream of the rest of the country. >> harris: we are going to come back. we will continue to talk. we've got more topics coming up. actually, let's take a look at the house floor, if we can. they are wrapping up the vote on nancy pelosi. for speakership. she is expected to win. david, you already said that, but there have been more than a dozen defections. a defection can be "i'm not voting for you," or it could be voting president. it can be "i'm somebody else in mind." exhibit a is stacey abrams, who just lost in the state of georgia. "i like her that better than ay in congress." there's nancy pelosi in the pink dress on the right. >> i think it would have been nice if people had been able -- there was so much said about this, it would have been good to

actually have someone to oppose nancy pelosi. they had enough time to think about this. i think it's an embarrassment to the big couldn't figure that out sooner rather than later. >> harris: do you think they didn't want to come out that she has enough motor behind the scenes to say "don't you dare run somebody against me?" >> if they had had a name, you can't beat somebody who is nobody. >> harris: but there are names! hakeem jeffries was one of thos those. >> he just voted for nancy pelosi. he is somebody wanted the job. >> i wish that seth would have come out and run. i think there is a complicated series of gender dynamics and racial dynamics that are playing out in the democratic party. >> harris: we've got to break that down. how complicated does it get? >> there is a movement afoot in the democratic party at the moment. i don't necessarily agree with it. it says that, if we -- we can't get rid of nancy pelosi as a woman, and replace her as a man. i think that's incorrect. if you think there someone better for the job that happens to be a man, let's go for it.

>> harris: let's look at the dynamics, they are. what you're saying is you might keep somebody who you feel politically it's time to get rid of, because she is a woman. that doesn't help the cause as women. no matter whose policy you lean toward. >> that's the problem with the primary electorate 2020, the over-focus on gender and racial makeup as opposed to what is actually best for those people and those communities and those constituencies from a policy perspective. >> harris: the 116th congress convenes with democrat majority in the house, the most diverse group of lawmakers ever, more than 100 women. which tells me, alex, they can do whatever they want at this point. there are enough women in the ranks right now that you don't have to make it look like you are being fair or unfair. just do your job. >> i think it's a great thing that more women ran this time around, including republican women who ran but did not succeed ultimately end lost to democrats. there are a number of women who fit that bill.

women are the majority of the electorate. i think they deserve more representation in congress, more representation in the senate. certainly we did get some diversity in the senate with tennessee, for example. electing the first female senator in marsha blackburn. there are a lot of great success stories. >> >> and two women on the judiciary committee and the republican side of the senate, it's about time for that to happen. >> harris: that's a dynamic change. we saw during billy cavanaugh hearing, we saw the judiciary -- some of the people wear the same as 30 years ago. they were men. as you look forward, is nancy pelosi the best person to be oppositional to this current president? or does she have the ability to actually do a deal president trump. >> i think it depends on the dynamics and the caucus. if the progressives of the 2020 candidates and the donors of the democratic party are pushing hard, it's going to be difficult for her to get anything done. of course, the president sort of

delights in that kind of in action. he even suggested if she couldn't make it over the hump in terms of the speakership vote that he was going to have republicans come in and vote for her, as well. >> harris: that's interesting, i don't know if that happened. we get to take a look at the numbers right now and see the raw data. because nancy pelosi has enough votes to become the speaker of the house. the house of representatives, the democrats in the majority. we were talking as this was going on, and we saw her get up out of her seat. the vote count happening now, and we are now informed here at fox news, we can confirm, she has enough. the magic number was 216. you had 241 people present today, you got the congressional district of north carolina who hasn't been decided. we already knew kind of the mix, how many he would need. at least 216. nancy pelosi, the next speaker of the house. david burstein onset here, not bursting with pride. what's going on? [laughter] >> i think the reality for

nancy pelosi is that this is coming to the end of her leadership. this will be her last term as speaker. >> harris: oh snap! we will talk about that more after the break. i wanna keep doing what i love, that's the retirement plan. with my annuity, i know there is a guarantee. it's for my family, its for my self, its for my future. annuities can provide protected income for life. learn more at retire your risk dot org. at humana, we believe great things are ahead of you when you

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>> so they are officially counting the votes on the house floor right now for speaker of the house. let's go to senior political producer chad pergram. where are we in this? >> they're counting the votes as you say, this is the unofficial tally by my count here. pelosi should be the new speaker 219 for her and 192 for kevin mccarthy. 192 cast for others and three members voting present. keep in mind they don't count the three members voting present towards the total tally here. magic number should be 2014. the house was constituted at 431 members reporting in. you had one absence, walter jones of north carolina and three present votes. so technically there's 427 people casting ballots by name.

so all nancy pelosi would have needed is 214. >> before i let you go, a lot of defectio defections. what is the mood in the room? >> this is what nancy pelosi expected. she knew there would be defections. but they don't count style points here. she had pressure after the election to have votes to be speaker and prevailed on that today. >> all right. chad pergram, thank you for the play by play. nancy pelosi becomes the next speaker a second time. stay close. (ding) hey, who are you? oh, hey jeff, i'm a car thief... what?! i'm here to steal your car because, well, that's my job. what? what?? what?! (laughing) what?? what?! what?! [crash] what?! haha, it happens. and if you've got cut-rate car insurance, paying for this could feel like getting robbed twice. so get allstate... and be better protected from mayhem... like me.

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>> nancy pelosi becoming the next speaker of the house during this hour of "outnumbered overtime." thanks for watching. now "the daily briefing." >> fox news alert. nancy pelosi officially voted speaker of the house just a few moments ago. we a wait for her to take the gavel and address congress. i'm julie banderas in for dana perino. this is "the daily briefing." nancy pelosi becoming the speaker for the second time. the 116th congress convening. first up, two bills to reopen the government with no funding for the border wall, by the way. senate republicans saying the legislation is a nonstarter. we begin with doug