capitol hill this afternoon as you see speaker mccarthy gavelling in the house of representatives, where you will see the house speaker fighting to keep his job. congressman matt gaetz raymond leading the charge to oust him from his role as speaker of the house. the house averted a government shutdown. gaetz raymond expected to take the flooris expected to take th fl floor. i spoke with folks on capitol hill and i count eight republicans is what matt gaetz has, perhaps more than that. he would need 210 democrats to pass the motion to vacate. you have congressman hakeem jeffries saying the caucus should vote to oust kevin mccarthy. pramila jayapal doubling down, we are not voting in any way to save kevin mccarthy. the question this hour, does kevin mccarthy seem the cat with nine lives? it took 15 votes to get the gavel. we'll watch the house floor and update new developments. first, historic legal battle that could have political implication on the 2024 race. the first son has pleaded not guilty to three federal charges after his court appearance earlier today. he is accused of lying to buy a firearm. the charges brought by david weiss mark the first time a sitting president's child has ever faced criminal prosecution. this is "outnumbered," i'm kayleigh mcenany, here with my co-host harris faulkner and emily compagno and founder of national security morgan ortagus and fox news contributor raymond arroyo. hunter's day in court was brief. we are learning about the first son's pretrial release. among the terms, hunter biden must seek unemployment. and communicate all international travel plans. we know he likes to jet set with his dad, the president. we must submit to random drug testing and participate in substance abuse counseling. i wonder if a 20-year-old in chicago would have gotten the same agreement hunter biden has gotten? of course, that has been stymied and might face accountability. >> emily: communicate international travel plans to the judge, most defendants don't get the luxury of communicating, they have passports taken away, confiscated and will be remaining at home. you might argue he is not a flight risk, that is not the point, from moment one he's enjoyed a different approach than anyone else. why was he more than willing to plead guilty a few short weeks ago? is it because sweeping immunity deal was tucked in, unethical? he now says no, not guilty. he is arguing the underlying law his dad pushed for is rendered unconstitutional based on other case law. any other defendant would not enjoy the special treatment here. all you will hear from the left-wing media and this administration is he is receiving accountability and remains to be seen what that looks like for this gun charge and those tax charges. as you read the opening sentence, i was like, are we talking about trump first? there is two different trials and treatment that could not be more different in the way the justice system is viewing the defendant. >> kayleigh: we are watching them live this tuesday morning, crazy to see them side by side. harris, the irony is hunter biden might become the biggest second amendment advocate, he is being prosecuted under a statute his dad supports. he might have to say this is unconstitutional. >> harris: i'm curious what emily thinks, you know, the way judge charges have been adjudicated. marijuana has become legal in most places across the country and i wonder if that has any impact on this case in terms of lying on a drug form. now he says he didn't lie and he was clean. he has to do more random drug testing. what about where the law sits now? there is an argument he will have to make on guns and second amendment and how he has the right to have one in the trunk of his car no matter what he's been smoking. what about the country is looking at drugs differently now, does that come into play? >> emily: marijuana is still illegal, squarely how it was viewed 5 or 10 years ago. that national conversation has shifted around whether you view -- >> harris: injection sites now. >> emily: i read on the couch, plenty of defendants who enjoyed prison time for simply lying on the gun application charge, many having to do with drugs. there are plenty defendants that have a different story to tell about this charge. >> kayleigh: that is confounding ray monmond, he gets pretrial diversion agreement that was skutelled and you flip to the other side and watch trump and cannot find a single incident where a victimless crime of this nature was prosecuted in the same manner. >> raymond: i kept thinking of merrick garland, there is only one rule of law in this your honor country, whether republican or democrats, that is not true. to clarify and reset for viewers, what we're seeing today with hunter biden is the result of two irs whistleblowers coming forward and blowing the whistle on their own bosses, saying our investigation was stymied. they are trying to bury the charges. but for that, we would not be seeing the scene we are seeing on the screen. when we dig deeper and look at fact pattern, "washington post" reported the alarm that set off the hunter biden investigation was paying prosecutes and escorts $30,000 in five months. they were tracking money flowing in and out of the wells fargo account. that threw hunter biden on his radar, that will be his wrongdoing, it is tied to corruption on multiple levels. >> morgan: some prostitutes had russian passports. you can't make this you know what up. russians use of prostitute from national security perspective have been going since the cold war. russians use prostitutes to get information. that and self-control issues. >> kayleigh: a lot of self-control issues. daily mail reporting exclusive hunter biden suspected of hiring prostitution during a sex ring and falsifying checks to pay the women. treasury documents reveal. each day it gets worse. you had the attorney general on "60 minutes" talking about republicans and democrats and how they are treated equitable by department of justice. play that. >> we do not have one rule for republican and one for democrats. we don't have one rule for foes and another for friends, we have one rule and that one rule, so we follow the facts and the law and reach the decision required by the constitution and protect civil liberty. >> kayleigh: both are treated equally, tell that to mark hauk whose home was raided by the fbi. tell that to catholics. it sure doesn't feel like equal application of justice. >> emily: that is the thing, when i look on the couch, it is easy to conceptualize them. millions of american families are subjected to being hunted and prosecuted and pressured by the department of justice. i have seen it first hand and seen destruction of families, when you get that e-mail or notice, you are being audited. think about that pit in your stomach. that is what many americans have to go through all the time. for attending catholic church, for daring to show up at your child's board meeting, everyday activities, that simple investment render you in the cross hair of the doj. for him to lie like that is unpalatable. >> harris: where we really need backup for border agents, the surge has been the irs with 87,000 extra agents. >> kayleigh: wonder how everyday americans feel about that. we are keeping a close eye on capitol hill, where matt gaetz is looking to force out kevin mccarthy as speaker. he needs 217 votes. will he get them? or will we see a political earthquake as chad pergram has described it, by ousting the house speaker. this congressman carjacked. he is speaking out. about this latest crime wave rocking the nation's capitol. with the freestyle libre 2 system, know your glucose level and where it's headed. no fingersticks needed. manage your diabetes with more confidence. freestyle libre 2. try it for free at freestylelibre.us veteran homeowners need cash but worried you can't get a home loan because of your credit? here's great news. at newday we've been granted automatic authority by the va to make our own loan approval decisions. in fact, if you've had credit challenges and missed a payment along the way, you're more than five times more likely to get approved for the newday 100 va cash out loan. no one knows veterans like newday usa. >> h democratic texas congressman henry cuellar was carjacked at gunpoint just last night about a mile from where he stays on capitol hill. the three masked suspects are still on the run. the congressman, we're told, was not harmed at all. this is the second attack in the last two months. democratic congresswoman angela craig was assaulted in the elevator of her apartment building. the nation's capitol was one of the democrat run city that championed the defund the police movement with calls to ramp up policing. here is congressman henry cuellar on the armed carjacking. >> i was just coming into my place. three guys came out of nowhere and they pointed guns at me. i do have a black belt, but i recognize when you have three g guns. they said they wanted my car, i said, sure. you got to keep calm in those situations. then they took off. >> do you think you were a target >> look, they had masks, but you could see they were young. >> do you think there should be a boost to member security? >> i don't know, this happened less than a mile from the capitol hill. my place, you have our leader hakeem jeffries, catherine clark and a bunch of members live in that place, so i'll leave that up to the police. >> harris: what is interesting about that, i'll leave it up to the police, not long ago they had a meeting with staff members. that sounds like something you do for employees in a retail storm. he is calm and patient. what should happen next? >> raymond: you are seeing what is happening across this nation, lawlessness, random crime, innocent people prayed on. i see it in my town of new orleans, a woman, four girls got in her car and dragged her for a mile. that trial is held up, even though we have camera images of the girl dragging this woman to her death. this is happening all over the nation. here is the problem. what you are seeing is collapse of public safety. here is what happens, we see it here or elsewhere, it has to end. >> harris: when you tell me you have other leadership and the democratic party staying in one building, just the citizens, it's a beautiful building around the corner from the capitol hill. >> kayleigh: democrats have played politics, plain and simple. carjackings are up by 110%. that is a lot. what do democrats do as this is happening? well, at first there is d.c. crime bill put forward and joe biden encouraged democrats to not allow republicans in congress to overturn that. 173 democrats voted away this bill, which would have lessened penalty on carjackings. all of of a sudden biden woke up and he said i don't support some changes of the d.c. -- they were furious. democrats playing politics, carjackings going up and now a victim. >> harris: and f not for fox. morgan, at that meeting, last hour we had a clip of sound from that and you could here them talking about 412 arrests. 753 carjackings as of this morning, griff jenkins reported. 412 arrests for everything in one category of crime that involves three men with guns and masks on, 753. >> morgan: only two-thirds of those that are assault with a deadly weapon end up getting a conviction for that crime. how much it has gone up, i think 57% in carjackings in d.c. over the last year. bowser passed out free car locks. >> harris: if you can't remember the code, you get shot? what is she thinking? >> morgan: it is terrible what happened to this democratic congressman, if it shines light on it around the country in major cities, unfortunately only fox has been covering this crime epidemic and now democratic congressman, sadly the reporter in philadelphia shot dead yesterday, as well, it is getting more media attention and will put more pressure on the democratic party. not just in d.c., around the country to do something about what everyday americans deal with. >> harris: that is where republicans need to pick this up. who do they think sees them? the democrats when one of their people are carjacked at gunpoint? democratic angela craig, if she had not had her hot coffee, what would happened in february? why can't everyday americans get that attention? why does it have to be somebody famous for leadership? >> emily: that makes this so difficult for d.c. residents. the whole point is we've been yelling this entire time about the erosion of public safety and inadequate leadership there, about the situation everyone is facing there and now all of a sudden, this is getting views from the left? it is laughable if there were not fatalities involved. this year d.c. on track to break all homicide records for two decades. it is up 28% since august. it is reporter asked, do you want increased security for house members? the whole community needs it. speaking of mayor bowser, she has yet to respond to that, the ownership of capitals and wizards invested their own money to keep the area safe around the area. public elected officials are failing. >> harris: the area around the stadium, for fans and people, not just players, out of their own pocket. >> raymond: they want to create a situation where we are all taylor swift with a around us or you are just a victim. we need public safety and serious prosecution, until you get there, this will never clear up, it will get worse. >> harris: travis kelce is good. >> raymond: he has his own guards. >> harris: he's in the entourage. jesse watters will interview jesse and henry cuellar 8 p.m. on fox news channel. all eyes on capitol hill at this moment, republican congressman gaetz is looking toic can out kevin mccarthy from his job as speaker of the house. we are getting new details about the man accused of kidnapping charlotte sena and how police tracked him down. next. 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[ting] ♪ live in the moment. ask your doctor about otezla. >> emily: the massive two-day manhunt for a nine year old little girl is over. it must have been heartwrenching for the family of charlotte sena. thanks to state, local and federal law enforcement, charlotte is home and craig nelson ross is charged with first degree kidnapping after they located the nine year old stuffed into a cabinet. we are learning what led to the discovery of charlotte sena. police saw a man drop a ransom note into the family's mailbox. police ran the prints and matched to a dui arrest from 2009. a testament to dedication, determine ation and skill of la enforcement. >> kayleigh: governor kathy hochul had spoken about it and it made national news and got a ton of attention. cases of missing children, getting that picture out quickly matters and words of the governor gave a tailwind to the story. there were celebrations in my household. just after dinner this news broke. i am thinking these parents can't eat, they are wondering where their daughter is. my daughter had prayed for her, my mom had prayed for her. her aunt, thank you, god and the police, friends, family and vowel volunteers, her aunt wrote god is good. >> emily: the power of prayer is real and can be summoned when people know about it. after pauly class was kidnapped and murdered her father launched a foundation to educate. after an abduction every minute is crucial. your child can be at a rate of 60 miles per hour. it is incumbent family call law enforcement and the nation is made awear immediately. there were hundreds of search and rescue in addition to the multi agent effort. >> morgan: you read the story and watch television and you lose your breath for a second thinking about how this could happen to anybody. something important for me to remember, that stranger abduction is rare. we need to figure out what to do in this situation and also to give our kids, my friend bethany to give kids independence to grow and nurture. i would quickly say this comes on the heels of senator dianne feinstein's death and she was part of establishing the legislation that led to the amber alert utilized in this case and so many others. >> missing case of amber, who has never been located. to morgan's point, because of fingerprints in the system. perps can be identified. there is issues around privacy with d.n.a., some states allow d.n.a. to be collected, that helps law enforcement. end of the day, that match led to arrest of this monster. >> harris: that call for prayer we talked on focus yesterday, praying for law enforcement to gather together and when governor kathy hochul talked about all of those agencies, that list was long. it was in the middle of the giants game. she went down that list and i thought look at all those agencies working together. of course they found this child. it was such an epiphany of a moment and blessing come true. i look at this, all the right things. what she said and what charlotte's family has said, it doesn't always turn out that way and we pray for law enforcement and communities to up cannel with technology and catch the guys. >> raymond: thank god he dropped the ransom note off in the family mailbox. he stuffed this child in the cabinet of a camper. we don't know the facts, he should be justice needs to prevail here and i hope it is swift and hard. >> kayleigh: law enforcement said there is zero evidence tying him to the family, him knowing the address was because of subsequent media attention. in addition to finding them live, she begged the kids, i will go a loop by myself. it is a flash. if you are prepared then you can combat this and thank god for her safe return. thank you, law enforcement. congressman j jamillah moore s - jamal bowman pulled the fire alarm, that vile comment next. veterans, if you're applying for a home loan to get cash...surprise. some lenders charge hundreds upfront for your appraisal and other fees. not at newday. a 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medical costs. so, call now and see why a medicare supplement plan from a company like humana just might be the answer. >> kayleigh: emily, i will ask during the commercial break. congressman bowman facing resolution to expel him from the house after pulling a fire alarm over the weekend. the far left lawmaker insists he was not trying to delay a vote, he said he was in a rush. talking out rage for fellow democrats excusing his actions. i believe congressman bowman. focus on nazi members of their party before anything else. bowman is condemning those words saying i just became aware there was inappropriate ups use of the word nazi without my consense. it is important to specify the term nazi. a lot of blame going on here, raymond arroyo. blame the team. >> raymond: this whole episode is like a mel brooks script. one moment calling the other side nazis and then he says inopportune use of the word. congressman bowman went in and pulled the emergency fire alarm and to create chaos. what we're seeing on the floor is also an effort by some republicans, matt gaetz, are you watching? and a group of democrats to create chaos to overthrow order and this is not the way to do it. he should be censored and maybe others. >> kayleigh: morgan you crafted talking points arguments before, this is ultimate blame game. he blames republicans like seven times, extreme overreach on part of maga republicans because of last-minute vote by republicans, after republicans drop the bill, house republicans trying to distract from the fact they can't governor. it is just blame. >> morgan: his comp team is making the story worse and making it stay in the news. let me just say the congressman and to his staff and everybody who likes to use the word nazi. my husband and i are observant jews, we have children and we view the world differently, i look at my three-year-old daughter and think there are nazis who would like to put her in an oven and kill her. that is reality of what they faced in the holocaust, it is troubling to see antisemitism on the rise in this country and around the world, stop flippantly using the word nazis. they put little children like my daughter in death camps. it is not funny to misuse that word. >> kayleigh: it is gross and not just jamal bowman, hakeem jeffries lied about the holocaust as pertained to be republicans. watch this, the ledder of the democrats. >> extreme maga republicans don't want children of america to learn about the holocaust. >> kayleigh: that's a lie. we shouldn't lie on things as serious as this. >> harris: that man called the former president donald trump the grand wizard of the k.k.k. it doesn't matter, he is all about blood sport of politics. the word nazi was problematic for bowman. when do you think it would be good idea and by direction of your staff to put in a document? what day would that be on and what would have to be going on? by them using that word in the context they did, showed who they are and showed us who he is and he ought to start there. how about an apology, this is not who we are. i don't know he would necessarily be 100% believed at this point. talk about pulling a fire alarm and starting a fire, this is unbelievable. >> kayleigh: will there be legal repercussions? >> emily: i hope so. i appreciate your point. when we found cocaine in the white house, it became a laughable point. nothing laughable about a culture of lawlessness and lack of accountability where that term can be liberally and all the time applied if you are a republican. i find it reprehensible and pathetic that a sitting congressman would pull that fire alarm. it is a misdemeanor up to six months in jail and a fine. and be legal obstruction of a proceeding and legal obstruction of justice. every time you fly on a plane, it says if you tamper with the fire thing you will be subjected to a fine and felony charge at a minimum. where is the continuity and the fairness? i wonder what we'll see from the attorney general? >> 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(guitar music) this belt i used to wear, way down at the first and second notch, it's the only thing i've kept from before losing weight and i'm keeping this because i'm never going back. >> will kevin mccarthy survive moment to vacate the chair? we will have the action on capitol hill for you. congressman henry cuellar carjacked at gunpoint and why does the u.s. attorney prosecute so many cases? hunter biden told to get a job, we have news from delaware court, where this goes next. could donald trump get much of l of the case against him thrown out? we are following that. i'm john roberts, join us for "america reports." >> harris: former president donald trump just come out of the courtroom for a second time today, we want to hear his live words. >> it is a rigged deal and frankly you saw what was just put out about chuck schumer and the principal clerk, that is disgraceful. >> speaker mccarthy, should he stay? they are voting whether to vacate him this afternoon, sir. >> harris: there have been moments where the former president would turn around and take that last question, we hung in there for a moment, this is third time we've seen him today, he spoke at the top of the day and when they took a break a short time ago and now on this day two of the civil fraud trial against him. he is speaking again. just if we could take a moment, emily, can you speak to the issue that if there is no victim in a crime and that is the argument from his attorneys, there is no victim, all the banks were paid off, what does that do to the case, number one? number two, if they had wanted a trial that included a jury, his attorneys have said he -- they were not given the form to check that box. >> emily: that is right, those are arguments trump's attorneys have made and have been making. it plays into the court of public opinion. we've talked about, it is difficult to stomach what you see as something that is such an egregious use of your tax dollars and every time the president is dragged into court, we see long flight here and that the long sort of cars all at one time,driving along the city and to show up for a victimless crime, this organization employees aenl revenue of $655 million. the reason i bring that up, state tax rate is 11.7%, in this city alone it is 4.25. talk to me about numbers, we have a business here that makes the state millions in tax revenue and employee taxes and you are telling us inflation has detrimentally affected the state or city, how can you articulate that, what are the damages? that is just the tip of the iceberg. it is difficult to witness this spectacle. the money has gone to the infrastructure of this state and now will be punished taking the name off the building. >> harris: residents and the tallest buildings in the city belong to him. it is really interesting. the arguments he has made and they have not made counter arguments or not heard much from anybody on the left. they are in recess, resumes 2:15 p.m., we may see on this very busy day for court proceedings across the border, hunter biden in court, sam bankman fried in court, donald trump in court, may see the former president again, ray. >> raymond: i want to note the discipline of donald trump, every time you see him, he comes to the microphone and essentially says the same thing, this is rigged, this is a fraud, they are coming after me doing nothing, i am here fighting for you, he is continuing to campaign this new york prosecutor is trying to stymie, the idea you have guy in middle of a presidential race being pulled off the campaign trail, this should have been handled before, not now. donald trump is brilliantly using this, he is the taylor swift of the new york court system, he is maximizing his presence and using to his advantage politically. >> harris: we have seen this before, he is giving us real court time updates and saying what is not working. >> kayleigh: brilliant. well put about taylor swift. emily knows this better than anybody, idea of prosecutorial discretion. do facts match the law? has anyone ever been prosecuted in this manner? as emily has laid out, the answer is yes, but hunter biden evades justice and plea deal. then with trump, you look, has something similarly situated been prosecuted in this manner in civil courtroom and the answer is no, there is not a victim. >> harris: we are covering from stem to stern. keep it here on "outnumbered," we're back in a moment. i'd like to take a moment to address my fellow veterans, because i know so many of you have served our country honorably. one of the benefits that we as a country give you as a veteran is the eligibility for a va loan for up to 100% of your home's value. if you need cash for your family, call newday usa. with automatic authority from the va, we can say yes when banks say no. give us a call. frustrated by skin tags? dr. scholl's has the breakthrough you've been waiting for. the first fda-cleared at-home skin tag remover clinically proven to remove skin tags safely in as little as one treatment. ah, these bills are crazy. she has no idea she's sitting on a goldmine. well she doesn't know that if she owns a life insurance policy of $100,000 or more she can sell all or part of it to coventry for cash. even a term policy. even a term policy? even a term policy! find out if you're sitting on a goldmine. call coventry direct today at the number on your screen, or visit coventrydirect.com. >> last but not least, i love this. raymond has a new book and a fox nation special. "magnificent mischief of tad lincoln." it hit store shelves and telling how abraham lincoln's fourth and youngest son brought so much joy and laughter to his father and family during the chaos of the civil war, and amid many personal tragedies at home. tad lincoln also kicked off the tradition of president's pardoning turkeys, and the name tad comes from little, when he was little i squirmed around like a little tad pole. >> and i was fascinated, i watch the white house turkey pardon, as you do every year. tad lincoln and abraham lincoln created the tradition, a living memorial to the love of a father and son. the power of a child, not only to redeem and save a president and family, but a nation, and it's the same year, incidentally, lincoln signed the proclamation making thanksgiving a national holiday and the emancipation proclamation and the gettysburg address and tad was a part of that. it's the power of child in every life and the latest, in bookstores, fox nation, i hope everyone will get a copy. >> harris: what i love about the fox nation special, you are telling the story and the images are right there, and it's part of american history. you can watch it with the kids. >> i love that. and on tour, book tour. >> harris: can you see it? he looks like the little boy tad. "america reports" now. >> john: harris, thank you. a live look at the capitol,

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