harris is next. >> harris: the breaking news continues. right now the u.s. house of representatives has the votes to expect george santos of new york. an investigation into a scathing ethics report which includes campaign finance abuse, allegations that santos lied to get into office. the case has not been adjudicated yet. lawmakers want him to quit but he is defiant. and they have already voted twice on the same issue as they do today. do they kick out george santos? in votes in hand right now they do have the votes. let's watch the house speaker, johnson. >> notify the governor of the state of the new york of the action of the house. under clause 5d of rule 20 the chair announces that in light of the expulsion of the gentleman from new york, mr. santos, the whole number of the house is 434. >> harris: all right. making it official there from the house speaker, the expulsion of george santos, senior correspondent chad pergram watching it all on the hill. i've been watching you this morning. the ramp up. the fact that representative george santos was sitting actually in the house today in the very last row of the house chamber on the gop side obviously and sitting alone but representatives were nearby having some conversations briefly with him. i don't know what can be seen or what can be known, but was there any reaction from george santos sitting in that chamber as this went down, chad? >> i was struck by the fact that margaret kibe en came over and talked to him a few minutes before they got to the expulsion vote. only the sixth time in history they expelled a member from the house of representatives. the vote totals that was announced, 311 to expel, 114 nos, and two voting present. so again the bar here is 2/3. not actually automatically 290. they were well above that threshold. that's how we were able to know because the house prior to the expu expulsion. as speaker johnson said it is a smaller number in the house of representatives. his majority continues to dwindle here. this is something that some republicans, a republican from texas indicated that a couple of days ago saying there is no reason to kick out george santos if for no other reason than that. we are eating our young. george santos is done and final once you are expelled, you are expelled. there will be a letter sent to the governor of new york later today to signify that the seat is vacant and she will call a special election. you can't be appointed to the house of recentives. new york had a lot of district go back and forth and to the republican side. sometimes you see in the special elections it goes from one party and then it goes back to another. so democrats if they have the opportunity in the next 70 to 90 days to flip the seat will be one of the most competitive seats in the country going into 2024 and george santos will go to trial in february. >> harris: just that point. it is something that republicans on the hill have said. do you want to have this? in fact byron donalds, representative from florida asked the same question not too long ago. do you want to have this before it has been adjudicated in a court of law? interesting to expel a member, an elected member on capitol hill before the actual situation has played out in court. that would be one thing i would want to hit with you. the other is what changed? they have done this twice before. >> here is what changed. i will answer the second question first. ethics committee report. there hadn't been a modicum of process. for a lot of republicans who secretly wanted to give him the boot and wanted to see what the ethics committee was able to come up with. it was a scathing report. it gave them cover to vote yes even though speaker johnson and majority leader steve scalise were against doing it because of the precedent. you talk about the precedent. the bar for expulsion before was you had to be a confederate sympathizers or convicted felon. it was the case the jim traficant in 2002 and so some republicans and some democrats frankly but even mark -- a representative from new york it doesn't say what needs to be done. we think we know enough and that is enough to establish a new precedent in this. again, that becomes potentially a rabbit hole here. here is the other important thing. the constitution is clear. look at article one, section five. it is not conditional. the house determines who the members are regardless of what the states send in. they are the ultimate arbiter as to who sits in the house of representatives. they can make their own rules and discipline members and 2/3 expel somebody. if you want to kick somebody out even if you don't have the goods and you have the math they can do it. they kicked out george santos today. >> harris: interesting what we're watching in the house of representatives. a movement to oust a speaker of the house with kevin mccarthy completely different situation. but historically significant just as this is kicking out a member george santos, ahead of the adjudication in court but based on all of the things that you just laid out, the rules and how it works, this is how it can work. appreciate all of your great reporting always, chad pergram on the hill. i want to go to congresswoman kat cammack who is just back from actually voting herself on the expulsion measure. and republican congresswoman from the great state of florida. i understand you voted against -- against expelling george santos, why? >> well good to see you, harris, chad is correct. under the constitution article one section five clause two the house has the right and ability to govern members including up and to expulsion. that being said, for me without a conviction, despite a i'm concerned about setting a precedent. people in new york district would be left without representation. so while we have so many issues to contend with in our government, i felt that it was inappropriate to deny those constituents in his congressional district their right to representation. elections have consequences but they have a right to have their voice heard in the people's house. >> harris: one of the things he has been very vocal about is supporting israel throughout its war against the blood thirsty terrorists of hamas who killed innocent citizens on october 7th in israel. that war continues and he has been very vocal and very emotional about that issue. that's one of the voices now as republicans like yourself get together and try to figure out next steps for israel from a congressional point. that's one of the voices that gets quieted. >> yes. certainly this is now become an even more -- bigger situation here in the house where now our majority is down to two. every vote counts but for me this was not a political vote. as i said from a constitutional perspective denying representation in the people's house is a very, very serious deal and with the 10th amendment states rights, states have the ability to determine the time, matter and place where elections are conducted. they have determined they were sending this representative. we certify the election. we need to make sure we honor those constituents' voice. it has not been an easy vote. it has been many, many conversations this week, very contentious. heartbreaking day on the hill on both sides. >> harris: you call it heartbreaking. it is interesting this would happen before the case was adjudicated, which brings me to my next question. what happens in a court of law if the charges against george santos don't stick? >> that's a great question, harris. i think everyone has been operating under the assumption especially in light of the report that came out of the ethics commity that there would be a conviction. but so much of the no votes that took place on the house floor a few minutes were resting on the fact it hasn't gone through the judicial process. for those of us constitutional conservatives we believe in the separation of powers. now the impact this will have on his court case, without a conviction, this is where people are wrestling with this. i think we have a long road to go. i now we see there will be a special election in new york's third congressional district and it will happen sometime in february and march of next year, so we'll see what happens. but since his expulsion has now taken place, we will have a new representative in the house out of new york's third. >> harris: i was giving our viewers the color inside the house of representatives a short time ago when voting was going on. you had george santos sitting alone in the house chamber near where he normally sits for votes. he was sitting with his hands clasped, legs crossed, slumped in his chair. described by our reporters and producers there and leaning his head back. have you spoken with him since this vote and what was his sort of demeanor before and after? >> george has been continually a colorful figure here on capitol hill. >> harris: to see the least. >> i have never had a bad word with him. i think again the people that are sent here to represent their districts are reflective of the different push and pulls in the country. so i know this has got to be very trying for him as an individual. but let's be honest, he has done some things that are not exactly ethical, to say the least. i won't weigh into the legal aspects of it. but unethical at its best. so again, i come back to the fact that we in the house, we have that constitutional responsibility to govern ourselves. one thing that i did caution my friends and colleagues on the house floor today was listen, if we are going to take a stance without a conviction that we will not expel today, be mindful on the other side just like americans around the country sick and tired of politics, if we have a democrat that is put forward without a conviction, we need to step forward and have a consistent voting record here. i think that's critically important because americans are sick and tired of the double standard, right? i think that's critical. >> harris: that's fascinating. we can't tell the future, but we know that people do all sorts of things. but again, i will be watching that case very closely with george santos. i don't think you right the ship then if those charges don't stick. and the ethics report from what i am understanding was scathing. he admits he has done some things. he didn't want to go into detail on "fox & friends" this morning because the case has not come up yet. but we're watching all of it. congresswoman, i appreciate your time and expertise. how many of you just real quickly, how many of you had decided before you were going to vote no to expulsion? do you have any idea? >> i will tell you i had so many conversations, dozeens of conversations with folks leading up to this vote. hitting the floor today i would say there was probably about 45 of us that were really undecided. we had gone through painstakingly. this morning i was pouring through the constitution over and over and over again discussing the legal back and forth. i know several of my colleagues were as well. this was not a clear-cut case. as i said, we have to stick with the principles, we have to be incredibly consistent in how we approach this. so i had that cautionary tale for my colleagues, if you vote no, you have to vote no in the future. >> harris: what do you tell voters when they say he represented us. now what do we do? that's where you started. an excellent point. congresswoman, it is wonderful always to have you in "focus." thank you very much. now i'm asking my team, so is byron donalds up. can we watch him? he initially had said not just like congresswoman cammack not before the case is resolved would you vote ever, even on expulsion. let's watch. >> it changes the very nature upon which this institution is supposed to function. we've been lectured politically for the last four years, a lot in the press about our institutions, what happened here today goes against the principles of our institutions. it does. people can say whatever they want it's only -- it is bigger than what he was accused of. my angst is not about what george was accused of. it is not. i'm not defending it. it is about the process upon which he was expelled today. that is my concern. yes. i'm going to leave it at that. i have to go to the airport. >> harris: i will ask my team did you hear what the question was there that he gave a flat yes? we couldn't make out that question. i will figure it out during the commercial. he got a chuckle and flat answer as he heads to the airport. we're staying with the news on capitol hill. there is a lot going on outside of george santos, as you know. jason chaffetz is with me now, fox news contributor and former utah congressman. just your top line thoughts on what has just played out. i don't know if you could watch or hear byron donalds or kat cammack. she said there were at least 45 members who were undecided moments before they went into the expulsion vote. >> yeah, i think if i was still in congress i would have voted no. i think the process having not played out in the courts is unfair. look at how they are dealing with it in the united states senate. you have senator menendez, a very bad ethics report. and he is opt there and has a trial ahead of him and they aren't expelling him. look at hastings. he since passed away but he was impeached as a federal judge by the house and senate taken off the federal bench and yet the people of florida decided to send him back to congress. i think the decision is for the people of new york. they may have been lied and cheated and everything else but it is up to the people in new york to make that decision, not just an ethics committee that issues a very damming report. that's not a full due process. nothing i can defend on george santos but i have to tell you on santos, but former congressman santos, but i have to tell you i think the process is wrong and i would have voted no. >> harris: how do you think leadership might have handled this differently? >> well, it was brought forward. the vote is actually forced by the democrats. leadership showed how they were going to vote. every member gets to make this decision. i think we put far too much on leadership to try to push this one direction or another. they all said go read the report. make your own decision. i think speaker johnson did it the right way. >> harris: i don't know if you heard congresswoman cammack but majority down to two. this is a situation for republicans and she said the vote was not political but it is hard not to have the politics staring you in the face. >> well, this is one of those things you have to do what's right. but if this is the standard, how come they aren't having this vote on adam schiff or eric swalwell? people on the intel committee -- i don't know, they were on the intel committee misrepresenting multiple times classified information. nothing happened to them. they didn't even lose their ability to have a security clearance. eric swalwell was allegedly sleeping with a chinese spy while on the intel committee. did anything happen to him? nothing. come on. have a same standard. if that's the standard, you have to live with it. >> harris: with republicans in the majority, who does that land on, some of those decisions? >> well, the ethics committee is very balanced. it is equal number on both sides. and i think the democrats are very inconsistent here because if you are going to take this position on santos, where is your position on menendez? because he is equally -- he has very bad evidence against him and also a scathing ethics report. yet nobody had a problem with that. chuck schumer allowed him to continue to be the chairman of the committee. >> harris: maybe have the audacity to wait for the cases to be adjudicated. for days the headline for menendez of my home state of new jersey was there were gold bars found in his closet among his belongings and jackets filled with cash. the cases haven't been adjudicated yet which is what donald and cammack were pointing out. do you let it play out or lean on the rules or could you do both? could there have been a compromise? i don't know. the news today is george santos is out. the number of members in the house of representatives is down to 434 as announced by the house speaker mike johnson. jason, great to see you. thank you. >> thanks, harris. >> harris: israel is restarting its fight against hamas terrorists after the week-long cease-fire ended. secretary of state antony blinken met with israeli officials yesterday and he was raising some eyebrows with one comment on the renewed battle to destroy hamas. >> we discussed the details of israel's ongoing planning and i underscored the imperative to the new york the massive loss of civilian life and the displacement we saw in northern gaza not be repeated in the south. >> harris: the head of the foundation for the defense of democracy boiled it down this way. the biden administration is setting the stage to abandon israel. what started off as we're totally where you in destroying hamas is deteriorating you don't stère our support unless you can dismantle hamas quickly with few civilian casualties. that is impossible. the "wall street journal" calls out the u.s.'s shifting position. also reports hamas terrorists are willing to give up american hostages whose release has been withheld because their captors view them as strategic assets that could provide leverage for securing a future cease-fire or other concessions now that fighting has resumed. at least seven americans are prisoners. let's do southern israel and what's going on an then hit northern israel. >> it is feeling like a war zone. you mentioned what is happening in southern israel where the idf has struck 200 terrorist targets within gaza and rockets are coming out of gaza by hamas terrorists across israel as well. southern and central israel including tel aviv in the past couple hours, a barrage of rockets launched them. they were all intercepted. you mentioned a lot of activity on the northern front as well. the iron dome intercepted two launches coming into northern israel from lebanon fired by hezbollah terrorists and we actually captured the moment that happened. let's show you that if we can. >> coming from israel going back into lebanon. look at this next video. the idf has confirmed they have struck a terrorist cell in just across the mountain range in lebanon from where we are right now. the idf chief of staff was in northern israel earlier this week saying that when residents return to these evacuated villages where we are, they will have a much improved security situation compared to what they had on october 7th. let's also show you the moment that it became clear this temporary cease-fire was over. take a look at these scenes from gaza this morning. i mentioned that the idf has hit over 200 terrorist targets there. they have hit multiple areas, israeli jets did, including this. if we can show you video as the idf dropped leaflets telling palestinians to go to certain evacuation zones. unfortunately, you can see in the video that many of them did not. there is certainly a lot of damage there. also now as the cease-fire is over we know more israeli hostages will not be coming home. over 130 hostages remain in gaza and, of course, right now the idf says they are continuing in their push to eradicate hamas. their goal is not only to get the hostages home but to eliminate any threat coming from gaza. back out here live, harris, the white house is backing israel up today as hamas and israel both accused each other of violating the terms of that temporary cease-fire that lasted seven days. and the white house says that israel is correct, hamas violated the terms. idf said hamas refused to release the final 20 female hostages being held in gaza. qatari and american officials are working to negotiate possibly resuming