it must be because i do your show. >> it's a big part of it. i agree with you. >> i have a feeling. >> today was a very big day. you have a list of names. >> i do. >> and you talked to me for a while now about releasing these names. your judicial philosophy. you said you wanted originalists. you said you wanted people like antonin scalia and clarence thomas on the supreme court. tell us about this list of names. >> i've been having a lot of feedback from a lot of different people and i've had, as you know, tremendous endorsements and i'm a conservative and i may have different views on different things and i think i'm extremely conservative as an example on trade. but a conservative would say i'm not because i don't necessarily believe only in free trade. you know what i believe on trade is good deals for the united states. >> fair trade. >> well somebody said to me, what is your view on trade? i said, my view is good deals for the united states. it's a very simple view and if you can call it conservative, call it whatever you want, but so with the judges they were saying, well, what happens if he appoints the wrong judges? and what we did, i just have it, we just took a -- >> tell us -- >> -- i thought what i would do is put this forward and this would be the list that i would either choose from or pick people very close in terms of the spirit and the meaning of what they represent and, of course, justice scalia is mentioned in here as right upfront as being one of our great judges and one of our great justices and i came up with the list, the federalist society was very much involved. various people were involved. as you know, jeff sessions, to me, somebody who i have great respect. >> it's gotten very good reviews in its immediate release. >> great reviews. the people who have seen it have give i will do it now. i can read them. i don't -- i hope your people aren't going to fall asleep as i read them. >> no, it will only take a second. >> highly respected conservative people. again, federalist society and others and others with the input. steven colloton of iowa. a man who is really an amazing person. allison eid of colorado. raymond gruender. and raymond is from missouri. thomas hardiman of pennsylvania. raymond kethledge. raymond kethledge of michigan. joan larsen also of michigan where i think i'm going to do very well, by the way, in the general election. i think we're going to do very well. thomas lee of utah. william pryor. >> by the way, thomas lee of utah is related to mike lee. >> brother. >> right. >> mike lee's a great guy. and his brother is highly respected. william h. pryor of alabama. david stras of -- somebody -- a friend of mine who's a great lawyer said this is a fantastic man. david stras of minnesota. diane sykes of wisconsin. don willett of texas. and that's your list. and we're going to either choose from this list or people very close to it in terms of their -- >> so this is your judicial philosophy. >> yes. >> you know, one of the things i think people had questioned, i had interviewed you a lot during this process and you gave me very specific things. and one of the top things i would ask you often is your judicial philosophy. you mentioned, as i said, scalia and thomas. they are what we call originalists. >> right. >> constitutionalists. >> correct. >> you are a constitutionalist. >> correct. correct. and i'm also -- i want high intellect, great intellect. these people are of high itellect, they're pro-life. we're going to choose from this list but at a minimum we'll keep people within this general realm and again, i have a lot of people that are conservative that really like me, love everything i stand for but they really would like to know my view because perhaps outside of the defense of our country, perhaps the single most important thing the next president is going to have to do is pick supreme court justices. >> this will have an impact for generations to come. >> for generations. i will say if hillary clinton, who's doing very poorly in this whole rigged system that sanderses happens to be in, but if hillary clinton for some reason wins, your country will never be the same because she's going to put disasters on the supreme court. so these are -- >> so this is interesting because i think there might have been some people -- i've talked to people on the radio show. some people said, well, donald trump is a recent convert to conservatism, and i asked you very specific questions, for example, you know, you say you want a balanced budget. actually told me once it's immoral to steal from our kids. >> i do want a balanced budget. we could do it a lot quicker. i've heard people say we'll balance the budget within 20 years. i'm sayi ining 20 years, what a you talking about? i do want a balanced budget. you have to understand, i was born in new york and really started my business, you know, i was in brooklyn and queens with my father but i moved to manhattan and started doing really, really well in manhattan. if you look at the statistics on manhattan, whether you like them or don't like them, it's very liberal, it's very democrat, and i think that, you know, probably a lot of people feel because i come from essentially manhattan, i would be that way. and i wanted to put this list out because i wanted to quell any fears that people may have. this is a list of people that i got them from people i most respect. >> you vetted each one. you almost did it like a job interview. >> well, i really -- i vetted but to a much greater extent the federalist society vetted and has tremendous respect. heritage has looked at it who i have great, great respect for. and i know senator sessions has brought the names around to different people in the senate. and people have seen the list. i mean, people have seen the list, but you're the first one that's seen it publicly. >> yeah, you know, this is the most important thing as you now transition to a general election. you talked about very specific things and i think when you look at all the exit polls and 65% of republicans feel betrayed by the republican party, that they haven't kept their promises. >> i felt betrayed. >> i felt betrayed, too. >> part of the reason i'm doing this. i had a very nice life. a very schiimple life. i have this great company, i have a family. >> i noticed your financial statement. you're doing okay financially. >> we're doing well. we put in our financials two days ago. we people are seeing -- i built a great company. people are saying why are you doing this? you're at a point where you can take it nice and easy and go to scotland and go to dural and do all these things you want to do, but i'm doing it because -- i'm putting back -- i want to put back. >> you want to give back. >> i want to give back, put back. what i want to do is make america great again. you know, the theme is such a great theme and i didn't even realize it was that good until i started really getting out there and i add to it and it's called america first. we're going to put america first. on trade deals. like we make deals that are so bad, they're so inconceivingly bad. and i said, no, no, we want you all to do well. america first. when china's ripping us to, you know, you look at trade deficits of $500 million a year, who's negotiating -- >> you want fair trade. you're not a protectionist. you want better deals. >> i want fair trade. problem with fair trade, the people we have now are incompetent. our president is, you know, he used the word the other day, not a nice word, but he's an ignorant president. he's an ignorant president. he doesn't know what's going on in my opinion. okay? >> and the opinion of plenty of other people. statistics also speak. millions more in poverty. millions more on food stamps. median income down thousands of dollars. he's taken on more debt than every other president -- >> not only that. >> by the way, one in five american families don't have a single member of the family working today. >> okay. and so much more. look, so much more. and you say that and i hear you say that, but so much more. we're losing our jobs. they're moving to mexico. our jobs. you look at carrier, look at ford, look at all those companies, nabisco, they're moving plants to mexico. we're losing our jobs. we're not making things. pretty soon we're not going to make anything anymore. i felt i had an obligation to do this. you look at our trade deals. i will make those deals so good, so fast. you know what, great relationships with these countries. we don't have a good relationship with china. china is building a massive fortress in the middle of the south china sea, okay? yet they're ripping no inping m us left and right. we rebuilt china. single handedly what they've taken out of our country, we have rebuilt china. they have railroads and trains that go 250 miles an hour. we have a long island railroad that chugs out to long island. >> i've been on it many times. >> we don't have anything. we've become a third-world country. i'll tell you what. >> we're becoming one. >> a lot of the technology is our technology. we're selling technology to the world and we don't have it ourselves because we spent $4 trillion-plus in the middle east, we're in worse shape now than 15 years ago. 15 years ago if we wouldn't have done anything, we would have been much better. wouldn't have had the migration, would have had a couple dictators, killers, strong men, whatever they want, they were good at one thing, killing terrorists. you look at iraq, that's like harvard for terrorism. >> i want to stay on this focus, though. you made a promise to release the names so people would know your judicial philosophy. you're making a promise to balance the budget, making a promise to build the wall, going to repeal obamacare and replace it with -- >> we don't have a chase. you don't have to repeal it, we're going to do it before it happens. in '17 it's going to implode. in fact, november 1st, new numbers are coming out right before the election. they're trying to change the date. they want to make it after the election. and it's going to show the increase necessary to sustain balm. ma ca obamacare. it's going to be massive. everyone is talking about it. >> you want to replace it with health savings accounts maybe? >> yes, but there are so many others things. just so you understand, once we get competition going with free enterprise, with insurance companies actually have to go and compete instead of having states as a monopoly, get rid of the borders, get rid of the lines where they can't go outside. once we get rid of that, they almost had it this time, they could have had it this time and you would have seen such competition. there will be plans, health care plans you never even heard about that haven't been thought about right now. there will be such competition, it will be a beautiful thing. the numbers will go way down. firsts of all, obamacare's no good. the premiums are through the roof. but have you looked at deductibles lately? >> huge. high thousand -- >> unless you're dead or in the process of almost death, you can't use them. >> what i'm trying to get to is with the release of this -- these names, that was a big promise. balancing a budget is a big promise. building a wall is a big promise. repealing obamacare is a big promise. i understand you're giving a speech next week on energy independence. >> right. >> that's a big promise. >> in north dakota. >> building our hmilitary, takig care of our vets. those are big promises. ending common core. my question is on those agenda items you've told me about in our interviews, how rock solid are those promises for the people that may be on the fence that want to know you're going to do those things? >> i want to get it all done. >> you want to get it all done. >> our military, i saw a show the other day, perhaps not even on the great fox, but i saw a show the other day where our fighter planes are so old that they go to junkyards to get parts. they call them graveyard, airplane graveyards. to take parts off old planes that haven't been flown in 25 years. they're taking parts off these planes and trying to put them on and fix them on our fighter jets. we are really in trouble. our military is so depleted. >> we got to take a break. we'll come back. more with donald trump. we'll talk about hillary clinton, "the new york times" and all the other issues now facing the country as we continue with donald trump for the hour from i guess what is the trump war-room straight ahead. if you've gone to extremes to escape your nasal allergies. try clarispray. new, from the makers of claritin. with the #1 prescribed ingredient. and nothing is more effective at relieving your sneezing, runny nose and nasal congestion. return to the world with clarispray. technology moves faster than ever. the all-new audi a4, with apple carplay integration. ♪ booking.com offers free cancellations, so you're free to decide if the trip you're on... hahahahahaha! ...isn't really the trip you want to be on. hahahaha... hahaha... [mountain woman and key laughing together] man 1: i came as fast as i man 2: this isn't public yet. man 1: what isn't? man 2: we've been attacked. man 1: the network? man 2: shhhh. man 1: when did this happen? man 2: over the last six months. man 1: how did we miss it? man 2: we caught it, just not in time. man 1: who? how? man 2: not sure, probably off-shore, foreign, pros. man 1: what did they get? man 2: what didn't they get. man 1: i need to call mike... man 2: don't use your phone. it's not just security, it's defense. bae systems. live from america's news hq, i'm patricia stark. a u.s. b-52 bomber crashing shortly after takeoff. the u.s. air force saying it hammed on guam. the seven crew members all made it out safely. the bomber was deployed to guam from north dakota as part of military's continuous bomber presence in the pacific. foreign hackers are spying on the presidential campaigns according to u.s. intelligence. james clapper, director of national intelligence, says his agency is now working with the fbi to help campaigns tighten their security. the republican-controlled house passing a $622 million bill to battle the zika virus. the move setting up a challenge with the white house which has been seeking a $1.9 billion to fight the virus. zika which is spread by mosquitos and sexual contact can cause severe birth defects. i'm patricia stark and now back to "hannity." welcome back to "hannity" as we continue for what is now the trump war-room, inside of trump tower, donald trump is with us for the hour. i watched your daughter, ivanka, this morning and she had to say, my dad's not a groper. now this is referring to a "new york times" hit piece. i have in the last three days interviewed three people that know you well. two that were featured prominently in that piece. we have rowanne brewer lane. carrie prejean. and a woman that actually came from war-torn bosnia that worked for you and was a vice president for you. >> right. >> three women. day were absolutely livid at "the new york times" piece. we now discovered that this particular writer had been tweeting negative things about you. this is supposed to be the paper of record. 20 pages and it's now been completely debunked. does that anger withdr? >> first of all, i have to thank those women, rowanne and carrie and all of them. because they were written about and -- >> and a girl from utah, too. >> usually -- and a girl from utah who's just -- they made -- they said i kissed her on the lips. i guess in front of her parents? with thousands of people. now she's come out and said this is crazy. by the way, you know, it's not like the worst thing, okay, you look at what clinton's gone through with all of the problems and all of the things that he's done. but it was so -- to read this piece on the front page of "the new york times," which was i think their most read story in the last year, according to what they say, and to have these young women come out and say, that didn't happen, that's not what we said, that's not what we -- it was the intent. and i was so furious at that. there's nobody that respects women more than i do, sean. you know that. and i treat women with respect and i have -- we all have fun, we all have good times. but, and i'm also in the entertainment business and certain things -- as an example, they have me making a statement about we're going to essentially stop them or we're going to say something very nasty. i was talking about either china or mexico. i was talking about one of the countries because they've been ripping us off. that was their punch line for this commercial. this phony commercial. paid for by wall street, by the way, have to tell withdreyou, p out of the superpac. >> spent $130 million. >> yeah. just so you understand, the main punch line wasn't about women. they put it in like it was about women with a blank. they put it in like it was about women. now i guess they have to do a retraction. these are dishonest people. these are really dishonest people. nobody respects women -- >> are you demanding a retraction from "the new york times"? >> we're already talking to "the new york times." "the new york times" is yovery upset because the piece was a con job. it's one thing, it's inside the paper because that happens to me all the time especially with the "times" and frankly i could mention plenty of others. if you're a republican conservative, it's very, very hard to get good press. that i can tell you. >> i speak from -- >> i'm telling you. it's really unfair. but this was a con job and, but just think of it, these women instead of saying, no, that's too bad, who cares, they were incensed that they were portrayed the way they were portrayed and all got up and said we respect donald trump, we really like donald trump. did nothing wrong. here's the thing. anybody reading that story, sean, they make me look bad. >> carrie and particularly rowanne both said they purposely manipulated what they were saying and that they did it on purpose. because they had said just the opposite. >> i thought it was so amazinin because i saw carrie on your show and rowanne has been all over and i didn't speak to her specifically, okay, because i didn't think it would be good if i call ed her to thank her. i didn't want to do that and let this go by and i will absolutely, but i will tell you, to think what they did, they put themselves out on the line to do this for me. for me. and i haven't spoken to them in many years. i just have such respect for them. but it j i'll tell you, it's been a disaster for "the new york times" because "the new york times" is a whole big con job. >> this is going to be the campaign. with the clintons known for being very dirty. >> the good thing about this, this sets the table. this sort of sets the stage. people have seen this. people have seen carrie. they've seen rowanne. they've seen others now that are coming forward that were mentioned in that story. which frankly wasn't even that bad if you want to know the truth. it's not like -- i hope that people that haven't read it -- >> it was 20 page s printed. >> no, no. one case -- minor stuff. i said to one of the women, i said, don't eat -- you shouldn't have a piece of candy. okay? that was -- >> i tell my kids that all the time. >> compare that against clinton, okay, what clinton's done. >> what about what clinton's done? how big an issue should that be in the campaign? for example, i looked at "the new york times," are they going to interview juanita broaddrick, barbara jones, kathleen willey? groping, touching and fondling against a woman's will. >> and rape. >> $800,000 to paula jones. >> lots of other things. impeachment for lying. >> smearing. besmirchment of women. >> losing your law license. he lost his law license, okay? couldn't practice law. you don't read about this on -- >> let me ask you. >> now "the new york times" and if you look at stephanopoulos, these are like the pipe organs for hillary clinton. ste st i was on his show the other day, i said, obviously you're representing -- he gave a lot of money to the foundation. he did a lot of -- he never told anybody. never told anybody. but you look at some of the people, the dishonesty. i tell you what, i'm in a pretty tuf busine tough business, real estate. i meet tough people. i've never seen lies and deception like i see not only with the people, not only with the politicians, but when you're in politics, it is a deceiving -- it's really a pretty rough profession. i will say this, the political press, worse than anything else is the political press dishonesty. >> i have to take a break. exit question, would you consider suing them? >> well, they're talking to us right now so we'll see what happens. they know. yeah, i think the "times" actually, look, they got caught in a very bad situation. when we come back, we'll continue from trump tower and the trump war-room, political war-room. it's "hannity" on the road. donald trump for the full hour. we'll continue. we'll talk about hillary clinton ben when we come back. i am totally blind. i lost my sight in afghanistan. if you're totally blind, you may also be struggling with non-24. calling 844-844-2424. or visit my24info.com. see me. see me. don't stare at me. see me. see me. see me to know that psoriasis is just something that i have. i'm not contagious. see me to know that... ...i won't stop until i find what works. discover cosentyx, a different kind of medicine for moderate to severe plaque psoriasis. proven to help the majority of people find clear or almost clear skin. 8 out of 10 people saw 75% skin clearance at 3 months. while the majority saw 90% clearance. do not use if you are allergic to cosentyx. before starting, you should be tested for tuberculosis. an increased risk of infections and lowered ability to fight them may occur... ...tell your doctor if you have an infection or symptoms... ...such as fever, sweats, chills, muscle aches or cough. or if you have received a vaccine or plan to. if you have inflammatory bowel disease, tell your doctor if symptoms develop or worsen. serious allergic reactions may occur. see me. see me. see me. on my way. find clear skin... and a clearer path forward. for a different kind of medicine, ask your dermatologist about cosentyx. welcome back to "hannity" as we continue from trump tower inside the trump political war-room. donald trump with us for the hour. you were getting very close, these polls are neck and neck with hillary clinton. now, hillary clinton lost west virginia 51%-36%. you talked about the system on the democratic side being rigged. okay. so bernie sanders wins 18 delegates, she wins 11 but then you have the superdelegates. he won 51%-36%, got 19 delegates, hillary got 18. >> it's a rigged system. >> that's corrupt. >> i have to say it was rigged on the republican side. the only way i could win was winning in landslides. i had so many landslides i ended up winning. if i was winning close races, there's no way i could have won. now, the republican actually is more sophisticated because they don't do the superdelegates. with the democrats they do superdelegates. west virginia is very interesting because hillary clinton, no miner, no steelworker could ever vote for hillary clinton. she said she's going to put the mines out of business and going to put the miners out of business. she's going to put them out. she's going to get rid of -- that was a week before. i don't know what happened to her, how she says a thing like that. she said we're going to put the miners and mines out of business then she suppogoes into west via and gets killed. >> and got half the delegates. >> i saw that. she got almost half the delegates or maybe half the delegates, and if you add the supers on, it's more than that. so it's a rigged system. and i'm no fan of bernie but i will tell you, he is not being treated fairly. >> you're going to give this speech on energy. i think energy independence is a key to jobs. i don't want to be dependent on countries that hate our guts for oil. is it going to be coal, fracking? >> going to be coal, fracking. going to be everything. >> all of the above. >> it's going to be everything. >> let me ask you this question. obama has been sing shots at you. took a shot at you in a commencement speech. what do you say back to him about the job he's done in your opinion? >> i know someone who knows him very well. four years ago i was thinking about running. my friend said he was obsessed with donald trump running, that he thought it was going to be -- he just was obsessed with the fact. ultimately i decided not to do it and decided to do it this time. i don't know if that was a good decision or bad decision. i think it was actually -- i think we're going to do great this time. i think i would have beaten him last time, frankly, had i decided to run. but he is now -- i'm definitely on his mind. every time he speaks he mentions my name which is an honor. i think it's probably not a bad thing. >> hillary, she keeps saying -- i know you released your financial statements. she wants your tax returns. >> yeah. >> you have talked about her connection to wall street and big banks. she has given speeches where has made in one hour more than what the average american will make in five years. >> right. >> economically. she won't release her speeches. >> well, they just announced they made, like, $7 million just now. just from making some speeches. look, first, my tax returns. i'm under a very routine order and you saw my tax returns. i mean, if you put them on the floor, they're up to here. very complicated. but a routine audit. i have for 15 years i've been audited. it's very unfair. i mean, i'll be honest. i have very rich friends that never get audited. i hope it's going to be before the election. i hope. i want to do it. no lawyer -- i was interviewed by greta who you know very well. she's a lawyer. supposed to be a very good lawyer. she said, well, i happen to agree, there's no way anybody that's under audit, routine audits, standard, you know, with the irs, but there's no way anybody under audit could release them until the audit's finished. greta said that. here's the thing. hillary, now i understand they're missing 30,000 e-mails. 30,000. she said they had to do with the wedding. okay? >> she said yoga, a wedding, a funeral, and e-mails to bill but bill doesn't e-mail. >> for her to be talking about tax returns, by the way, you learn nothing -- >> you want those speeches? should she release them? >> i think the speeches should be released. i don't know what she's doing. i know what you're probably going to see is really, really negative statements having to do with who she's running against right now, bernie. because i would imagine she made very positive statements toward goldman sachss and all the people -- >> she wanted the money. >> she wants their money. she doesn't want people to see the speeches because if you listen to her, you know, she's going to protect everybody from the big bad banks. and the investment bankers. and then if you see the speeches, they'll say, wow, she's not protecting us. but listen, how can she be asking for anything when they're missing right now 30,000 e-mails. when she's under fbi investigation for being essentially a very dishonest person. i don't even know how she can run. honestly, people have been destroyed. their lives have been destroyed for doing a tiny fraction, sean, of what she's done. >> we know, look at david petraeus. >> look at petraeus, look at many others. by the way, looks like she's being protected by the democrats. looks like she's being totally protected. >> i don't know when this is going to end, the longest investigation ever. let me ask you about mitt romney, ben sasse, bill kristol then to a lesser extent jeb bush and lindsey graham who didn't keep their promise to support the nominee. but those three in particular, romney and sasse and kristol keep talking about a third party. wouldn't that elect hillary? or help elect her? >> the judges i went over with you -- we could get three to five, could be five, somebody said it. probably three, could be four, could be actually five. you will never see judges like i just got federalist society, great, everybody respects it, the list has gotten rave reviews. i don't know if you've seen that, but it's gotten rave reviews. >> yeah. >> those judges, you can forget that, they'll never be on the supreme court or judges like them will never be on the supreme court. sasse i don't know. i had a huge victory in nebraska recently. you saw that. >> 400-8 in his own state. >> he was condemned by the party in any nebraska. i had a huge victory in nebraska. i don't know him. he might be a very nice guy. i watched him on television. the level of hatred was incredible. i never met the guy. very important. mitt romney, look, he lost last time. he should have won. when he was going to run, i was very tough on him. i said, look, he choked. he's a choker. he choked. and i said very loud and clear, you can't let him on again, he should have beaten obama. that was an easier race in my opinion than this race, okay? >> it's all about electoral votes now. you need to get to 270. you've been through all these states now. what states will donald trump put in play that maybe somebody else wouldn't? >> so if i run, going to have a lot of additional states. if let's say ted cruz -- i say with respect, but let's say ted cruz or somebody else got the nomination, they have that little tiny group of states and if they lose one of those states, it's over, right? they have to win florida. they have to win pennsylvania. they have to win ohio. and any little movement, any -- you have two votes go the wrong direction, it's over. the fact is, and lot of people don't understand this, but the people that are in the world of politics fully understand. it's a much tougher road for a republican to win the presidency. now, you can run for the senate. you can run for governor. fine. everything. but for a republican to win, it is a very tough road to presidency. >> okay. >> michigan's in play. i think new york might be in play. can you imagine if i won new york? >> new york, new jersey. >> i think new york might be in play. new jersey i think i'm going to do great in new jersey. those are states other republicans wouldn't go to. >> you said something last night, you said if i didn't fight as hard as i fight, i wouldn't be here today. >> i think that's true. >> is that the same for the general? you'll fight that hard? >> it's the same. you have to be true to yourself. i mean, i was a good student. i'm a smart person. and, you know, you listen to things. it's so tough. if you're a republican, especially if you're a conservative republican, what you go through is incredible. i even talk about my uncle was a professor at m.i.t., won a highly, highly respected intellect. i mean, i come from a very smart family. i like to talk about it because conservatives are abused, they're abused by the media, falsely abused. really abused by the media. i put so many states into play. michigan being one, illinois. i tell you what, the state of washington, i was in washington last week. the state of washington, we had crowds that were the biggest they've ever had. they've never had crowds like that. they said it was like if elton john came and we broke that record. oregon. nobody would even think about oregon. i'm going to -- we campaigned there. these are states that are locks -- >> it almost reminds me a little bit crowd size, enthusiasm of obama in a way. do you feel -- >> i do. i went to california. everyone said california, give it up. i'm not going to give it up. i'm going to play california. maybe i won't win. the odds are against me. we went to costa saast costa me. 32,000 people. a record for this incredible amphitheater. >> i saw that. >> 31,000 people. nobody has seen anything like that. >> we have to take a break, though. >> good. >> i'm going to held you right there. more with donald trump as we continue with "hannity" on the road in the trump war-room. when we come back, we'll talk about potential cab innoceinet , v.p. and much more straight ahead. take a pill? 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>> or three. >> maybe three that are really up there. >> that i really think about. >> you want somebody that's you said connected to washington. >> i want probably -- and we have a couple of other all te alternatives i want somebody ideally who's very political, strong with getting legislation passed. i'll do great with our trade deals and with our business and with all of that and we're going to make our country rich again and we're going to make our country strong again. i want somebody that can deal with congress, can deal with the senate, can deal with our congress people so we can get something passed. you know, obama signs his executive orders all day long because he can't get along with anybody. it's not the way it's supposed to work. as you understand. >> you're not a conventional candidate. not been a conventional campaign in any way. i asked you about a potential team of rivals. look at people supporting you, rudy giuliani, chris christie, newt gingrich, rick perry endorsed you on my show, bobby jindal, jan brewer. what about announcing some other positions? secretary of state, secretary of defense. >> we may do that. >> homeland security. >> some of the people on that list, not all of the people, but some of the people on that list i really like. and i think will be fantastic when given the -- i mean, i've seen rudy's been a fan for a long time. newt has been incredible. i spoke to newt actually about something and he has great ideas. i tell you what, there's no lack of ideas out of newt gingrich. >> 124/7. >> a great guy. >> you said about hillary she's totally controlled by wall street. clinton global initiative literally funneling money to a friend. that broke. you obviously have the e-mail server scandal. you got the benghazi scandal. the abuse of women scandal. she said that she's going to appoint bill clinton to run the economy. isn't that the job of the president? >> first of all, bill clinton is the one that signed nafta. in the history of our country, that's been the worst trade deal ever. >> isn't that her job? >> what that has done to this country, that has leancleaned o our factories. we won in landslides, new york, maryland, pennsylvania, connecticut, all these places. i toured them. i wanted their votes and they're all great. they have been cleaned out. 50% down with manufacturing. 45%-50% down. these companies have moved to mexico. nafta was a disaster. it's bill clinton's deal. he's the one who signed it. and for him to be involved with the economy is a joke. okay? it's a joke. now, people didn't see the effects until later because nafta took effect a little bit later after he was gone. nafta's probably the worst -- one of the worst deals we've ever signed in this country from the standpoint of economic development or jobs. >> it seems like she almost wants to run with him. let me ask a more important question. the clinton foundation, beyond funneling money to a friend, labeled by the secret service, energizer, special friend of bill's, but a more important issue. you talk about abuse of women. you talked about their personal lives, talked about the smear, slander, besmirchment. here's a bigger question. the clinton foundation took this money from saudi arabia, saudi arabia doesn't let women drive, can't vote, can't go out in public without a male relative, have to get permission to go to school or work and women are told what to wear. i've never been able to find a quote of hillary, the clinton foundation took millions from the saudis, of her criticizing the mistreatment of women there. >> but you have other cases and many other cases in there and, you know, they talk about women and the abuse of women and forget about abuse by him directly. look at what's going on and look at who gave them a lot of their money. so, and what -- >> you think their -- >> the question is, what did all of these places where they give millions of dollars for speeches, what did they get? and they got a lot and you know that and everybody knows that. >> in other words, they're buying influence. >> the press isn't covering it. to me, it's possibly -- i don't know -- the e-mail to me, when you talk about national security -- >> they certainly bought their silence. >> what did all of these countries and others get in return for paying millions of dollars for speeches? they got a lot. >> we'll take a break. we'll come back. more with donald trump when we come back. believe it or not, the president threatening to veto a bill that would allow the victims of 9/11 to sue saudi arabia. we'll get trump's position on that when we continue. fall in love with a new daily fiber. new mirafiber from the makers of miralax. it's the only fiber that supports regularity with dailycomfort fiber. so unlike others, mirafiber is less likely to cause unwanted gas. love your fiber. new mirafiber. 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should the families have the right to sue? >> the answer is yes. we got into a war with iraq i was opposed to. iraq did not knock down the world trade center, sean. they didn't have weapons of mass destruction, by the way. the way obama got out is a catastrophe. but the answer is yes. we have to get to the bottom of it. everybody wants to keep it quiet. i think people know what is on those p papers. people do have the right to sue and should have the right to sue. >> saudis, i understand we've got to battle them against the iranian shia. don't we ned to hold them accountable? >> we protect the saudis and many countries. we're the military for many countries and they don't pay us. do you know what the difference of our country is? somebody like me can nicely say folks you've got to pay up. saudis, won't be there for two weeks. >> and tear driving our prices down to drive our fracking business out of business. >> or whatever. i don't know that for a fact. i will say this. we're spending billions and billions of dollars protecting nations all over the world. many of them aren't paying up. if i get them to pay up, just fair, fair, if i get them to pay up, our country is already a different place. >> republicans have said ben rhoads admitted he manipulated and lied and used propaganda to sell that iranian deal. he also, by the way, the whole you tube video narrative, he started that lie. should he be fired? >> maybe more than fired. the iranian deal is one of the worst deals i've ever seen negotiated. how about obamacare? how about the architect of obamacare? he had a meeting with some of his friends, and he's talking about what a conjob obamacare was. people forgot about that. well, ben rhoads is the same kind of a thing, he think he sup superceded jimmy carter as the worst president in america's history. >> you understand the clintons. you know their tactics. you know they set up a war room and will say anything and they've got the media. how does donald trump strategize tactics? >> i think the public is very smart. and i have beaten a lot of people over the last year, many are friends of yours. 66,000 negative ads in the public got it. they understood. they knew a lot of them were false. most were false. some not so bad. but many were false and i won florida in a landslide. you've never seen so many ads. i won florida, landslides. all of them landslides, indiana, landslide. if you went to indiana there is nothing but negative ads on donald trump. they're going to go after me, i'm going to go after them. if she gets in, i think our country will never recover. i'm not talking about supreme court justices but the whole, and honestly, she can't negotiate with the chinese, with japan, she can't negotiate with vietnam. it's not her thing. number one, she won't want to do it. two, i don't know if she knows it's a real problem. and it will be four more years of obama and maybe worse. i think that is why i think i should win. >> has it sunk in? you can now be the president of the united states. are you ready for that? >> it's such a responsibility. somebody just left my office and said do you have any idea? it's such a incredible responsibility. this is a movement. i go, make a speech in california, illinois. >> who is going to build the wall? >> we're going to build the wall but mexico is going to pay for the wall. it is a movement and a beautiful thing to see. these people, the people love this country. >> mr. trump, thank you very much. good to see you. >> appreciate. >> thanks. >> that is all the time we have left from trump tower tonight. thank you for being with us. we'll see you back here tomorrow night. ♪ ♪ [engine revving] the all-new audi a4 is here. to be taken care of. in good hands? like finding new ways home, car, life insurance obviously, ohhh... but with added touches you can't get everywhere else, like claim free rewards... or safe driving bonus checks. even a claim satisfaction guaranteeeeeeeeeee! in means protection plus unique extras only from an expert allstate agent. it's good to be in, good hands. oa skin transformation that rivals the leading department store moisturizer. revives skin to fight 7 signs of aging. with olay, you age less, so you can be ageless. olay. ageless. befoburning, the pins-and-needles of diabetic nerve pain, these feet were the first in my family to graduate from college, raised active twin girls, and trained as a nurse. but i couldn't bear my diabetic nerve pain any longer. so i talked to my doctor and he prescribed lyrica. nerve damage from diabetes causes diabetic nerve pain. lyrica is fda approved to treat this pain. lyrica may cause serious allergic reactions or suicidal thoughts or actions. tell your doctor right away if you have these, new or worsening depression, or unusual changes in mood or behavior. or swelling, trouble breathing, rash, hives, blisters, muscle pain with fever, tired feeling or blurry vision. common side effects are dizziness, sleepiness, weight gain and swelling of hands, legs, and feet. don't drink alcohol while taking lyrica. don't drive or use machinery until you know how lyrica affects you. those who have had a drug or alcohol problem may be more likely to misuse lyrica. now i have less diabetic nerve pain. and i love helping little ones get off on the right foot. ask your doctor about lyrica. working my canister off to clean and shine... and give proven protection... against fading and aging. he won't use those copycat wipes. hi...doing anything later? 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edition. protests against president trump's immigration ban have entered a third night. crowds have gathered outside the u.s. supreme court in washington and at columbia university in new york city. earlier in the evening, tens of thousands demonstrated in london and scotland. this follows a weekend of protests at airports all around the united states, and here's what it's all about: president trump's anti-terrorism executive order bans citizens of seven countries with muslim majorities from entering the u.s. for at least 90 days. refugees from all other countries are banned for 120 days, and refugees from syria are banned indefinitely. all this while vetting procedures are reevaluated. the white house says only 109 travelers were detained for questioning, and all of them got in. in a tweet, mr. trump quoted his homeland security secretary saying, "all is going very well with very few problems." we begin tonight with major garrett at the white house. >> any comment on the protests, mr. president? >> reporter: backlash to president trump's order banning visitors from seven countries was swift. white house chief strategist steve bannon and senior policy adviser steven miller helped craft the policy. >> if nobody is disagreeing with what you're doing, then you're probably not doing anything that really matters in the scheme of things. >> reporter: the white house said the order was not issued because of any specific threat. it was, however, rushed through the usual protocol. key congressional committees were kept in the dark, homeland thcurity secretary john kelly charged with implementing the t der, learned the details as president trump was signing it. kelly was aboard a coast guard plane at the time. white house press secretary sean spicer. >> everybody was kept in the loop at the level necessary to make sure that we rolled it out properly. we were not going to wait until we get attacked to figure out how it doesn't happen again. >> reporter: at first the department of homeland security said the order also applied the green card holders returning to the u.s., but chief of staff reince priebus reversed that yesterday. >> the executive order itself is not placing further burdens on people that hold green cards. >> reporter: the white house said a pause in immigration and refugee policy is consistent tru mr. trump's campaign promises. >> donald j. trump is calling for a total and complete shutdown of muslims entering the united states until our country's representatives can figure out what the hell is going on. >> reporter: then indiana governor and now vice president- elect mike pence tweeted at the time, "calls to ban muslims from entering the u.s. are offensive and unconstitutional." today at the at the present time ispartment, career diplomats circulated a so-called dissent cable, that's a decades-old process of airing policy grievances with political appointees. >> i think they should either get with the program or they can go. >> reporter: and for the first time, former president obama weighed in on a trump white house move, saying through his spokesman, "he fundamentally disagrees with the notion of discriminating against individuals because of their faith or religion." president trump said his order temporarily blocking immigration and refugee resettlement was not a muslim ban, though its effects will hit muslims most directly. scott, the white house said it may expand the list of countries covered by these new travel restrictions. >> pelley: major garrett at the white house. with the view from capitol hill, here's nancy cordes. >> reporter: democrats may have anen the loudest, but many republicans like pennsylvania's charlie dent were just as critical. >> it was not well thought out. it was not properly considered. >> reporter: senators john mccain and lindsey graham warned the executive order will help terrorist recruitment because it sends a signal intended or not that america does not want muslims coming into our country. president trump did not take kindly to the criticism, accusing mccain and graham of dlways looking to start world war iii" and mocking democratic leader chuck schumer. >> this executive order... was mean-spirited. >> reporter: who got emotional over the weekend. >> i noticed chuck schumer yesterday with fake tears. i'm going to ask him who was his acting coach. >> that doesn't even deserve a dignified response. >> reporter: schumer tried to capitalize on g.o.p. discontent by introducing a bill to reverse the travel ban. >> i object. >> reporter: but it was quickly blocked by republicans who support the executive order, like tom cotton of arkansas. >> this is not a muslim ban. this is a temporary pause of movement from seven countries. >> reporter: if you can't overturn it with legislation, is there anything else that democrats can do? >> yes. in the longer run i truly believe this is unconstitutional, and i think it will eventually be overturned by the courts. >> reporter: dozens of democratic lawmakers have joined him here on the steps of the u.s. capitol tonight to make that case. they are surrounded by more than 1,000 supporters, scott, who have been chanting, "refugees are welcome here." >> pelley: nancy cordes, thanks. of the seven muslim countries where immigration has been suspended, none has been the source of a terrorist attack on the united states. countries whose citizens have attacked the u.s., saudi arabia, for example, are not on the list. michael morell spent his career at the c.i.a. and rose to the number-two job there. he endorsed hillary clinton during the campaign. michael, let me show you semething that the president's press secretary said today. >> we're going to put the safety e americans first. we're not going to wait and react, as i said in a statement. nge president is going to be very proactive with protecting this country. at're not going to wait until we get attacked and figure out how to make sure it doesn't happen again. >> pelley: so based on your experience, does the travel ban make america safer? >> scott, it doesn't make us safer. in fact, it makes us less safe. not only was the vetting of individuals from these countries already extensive, but the downsides of the ban are already significant. they range from the fact that this will be a recruiting boon for isis. it plays right into their narrative that america is at war with islam. they'll get recruits out of this. e cond, the countries who are targeted here are going to be angry with us. we need them to be our partners. and third, the specific individuals in those countries who work for the u.s. military, who work for u.s. intelligence, who used to believe that that would get them to the united states, now don't have that incentive anymore. >> pelley: you said the vetting before this time was extensive. what is it? >> individuals from these countries need to apply for a visa to come to the united states. when they do that, there are checks of all u.s. government databases, checks of our allies, and extensive interviews with the individuals. when we grant a visa, we're pretty certain that person is not a terrorist and we've been successful to date. >> pelley: michael morell, former number two at the c.i.a., we're grateful for your time. >> good to be with you, scott. >> pelley: michael morell just mentioned those people who have ielped the u.s. in the banned countries. they include the top iraqi general that charlie d'agata met today. >> reporter: "i'm a four-star general," he said, "and i'm banned from entering the u.s." general talib al kenani commands all iraqi forces, including the american-trained counter- terrorism troops that have been leading the fight against isis for two and a half years. his family was relocated to the u.s. for their safety, and he had plans to see them this week, until he was told not to bother. you were hoping to visit america where you have a home. you're smiling. what happened? "i have been fighting terrorism for 13 years and winning," he told us. "now my kids are asking me if i'm a terrorist." we met the general at his heavily fortified compound inside the green zone. y: safety, very important. >> pelley: you have safety for your family in america? >> yes. yes. ha reporter: for the past decade, kenani has been traveling to command in tampa for high-level meetings with the u.s. military leadership. "there are many american troops here in iraq," he said, "after this ban, how are we supposed to deal with each other?" the ban comes just as iraqi and u.s. forces are on the verge of victory in mosul. just when president donald trump has asked his military commanders to accelerate the war against militants. "this ban needs to be reviewed," the general said. "we thought we were partners with our american friends. now we realize we're just considered terrorists." the general told us he may try to travel later this week, scott, but he still doesn't have any guarantee he won't be turned around. he said the ban came as a shock. no one in his circles had any idea it was coming. >> pelley: charlie d'agata in baghdad. today the white house said that most americans agree with the immigration ban and a respected poll from quinnipiac university agrees. it was taken three weeks ago, and by a margin of 48% to 42%, american voters support suspending immigration from terror-prone regions, even if it means turning away refugees. 53% support requiring immigrants itom muslim countries to register with the government. here's dean reynolds. >> reporter: trump supporters were on hand at los angeles international airport this weekend voicing their belief that the president's immigration order is sensible and overdue. >> keeping our country safe and lawful. >> reporter: vito glazers is a chicago internet entrepreneur who voted for the president. what do you think of this executive order on immigration? >> well, i don't think it's perfect. i do think it's a great step to creating much-needed action in the right direction. >> reporter: mr. trump's stand on immigration was important in winning glazers' support, and enile he's only one voice, polls say his views are representative of many fellow trump supporters. >> i don't want america to end up in a place where political correctness is being used against us to destroy us. >> reporter: do you think politics is at work here? >> absolutely. i think if we were in the middle of a zombie apocalypse the left would find a way to protest for zombies' rights. >> reporter: he also said something else that probably a lot of trump supporters agree with, scott, that it is ironic that so many people are upset with the president who is merely following through on promises he made during the campaign. >> pelley: dean reynolds in chicago, thanks. some of the largest tech companies have come out against the president's immigration ban. late today a large crowd of protesters gathered outside google headquarters in mountainview, california. google says that it's donating cash to organizations that support immigrants. white house spokesman sean squeer said the terror attack on a mosque last night in quebec city proves the president's point, except this was an attack on muslims. six are dead, 17 injured, and anna werner is there. anna? >> reporter: scott, what you see behind me are the hundreds of people who have come tonight for a vigil to remember the victims at the attack at the islamic cultural center here. it happened before 8:00 at night. police say man walked into this nosque where they were holding evening prayers and began shooting. by the time he finished, six people were dead, many more injured. a short time after that, police say they got a phone call from the suspect. they picked him up. they have now charged a 27-year- sitystudent from laval university here, alexander bissonette, with six counts of murder in connection with the attack here at the mosque. what we know about bissonette so far is sketchy. u.s. authorities, two sources tell cbs news he is not known to u.s. authorities, and police here have not speculated as to what the motive might be for this attack. but we can tell you that some local news reports tonight are saying that they believe bissonette subscribed to a right-wing ideology. but people here are shocked. edmething like this has never happened to them before. and in newspapers tonight, they're calling it "the horror at home." scott? >> pelley: anna werner in quebec city tonight. anna, thank you. over the weekend, a raid by a navy seal team on an al qaeda headquarters in yemen turned into a gun battle. today the pentagon said that the one commando who was killed is 36-year-old william ryan owens of illinois. three other seal team members were wounded. a b22 osprey evacuating the wounded had to make a hard landing and injured at least one more. the osprey had to be destroyed in place. the pentagon says 14 al qaeda fighters died. s evng up on the "cbs evening news," the president gives his top political strategist a role on the security council. and later, families separated by the travel ban. the travel ban. want powerful relief. only new alka-seltzer plus free of artificial dyes and preservatives liquid gels delivers the powerful cold symptom relief you need without the unnecessary additives you don't. loudspeaker: clean up, aisle 4. alka-seltzer plus liquid gels. >> pelley: today president trump said the media is the opposition party. he was repeating the words of steve bannon, his chief strategist. bannon was c.e.o. of the trump campaign. ate white house now says that bannon will sit on the national security council, a place usually insulated from politics. we asked chip reid to tell us more about mr. trump's in-house eplitical philosopher. s. reporter: even before gaining a seat on the n.s.c., steve bannon was one of the most powerful people in the white house. it's a breathtaking rise for fomeone whose job before joining the trump campaign was c.e.o. of breitbart news, an ultra conservative and highly controversial web site. ennathan greenblatt is c.e.o. of the anti-defamation league. >> he positioned the web site as " the platform for the alt right" as a host for misogynist, racist, islamophobic propaganda. r reporter: during the campaign mr. trump appeared with bannon on breitbart radio. >> i do like breitbart. and breitbart is legit, 100% legit. >> reporter: breitbart became popular with white nationalists, but the white house denies bannon is promoting that ideology now. bannon served in the navy, vetended harvard business school std worked in investment banking, but he became a harsh critic of what he described as nle wall street crisis in 2010. >> unlike the manufactured crises of global warming and health care, this is a true crisis. >> reporter: he has little experience in foreign policy. y i fleisher, press secretary to president george w. bush, says bush's political director was banned from n.s.c. meetings, eien so, fleisher supports trump's promotion of bannon. s> reporter: president bush was much more of a traditionalist, much more cut from the establishment. this is the way it's always been done. donald trump is different. and i think he's earned the right to be different. >> reporter: the white house today noted that president imama's top political adviser, david axelrod, sometimes attended n.s.c. meetings, but, , ott, axelrod said he only listened and unlike bannon, he gid not have a role in making national security policy. >> pelley: chip reid in the washington newsroom. thanks, chip. president trump says he has now decided on his supreme court nominee. that story is next. we've got that thing! you know...diarrhea? 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she's been here. did she do harm to anyone? she's a resident. she lives here in tulsa, oklahoma. she doesn't need to be checked. >> reporter: her mother arrived hom egypt where she had been visiting her 12 and 14-year-old daughters. >> it's sad. we're not happy at all. we're scared for the other one, my sisters and anyone that want to come here. we're trying to find safety. >> open those doors! open those doors! >> reporter: u.s. immigration officials in dallas detained 11 hiople this weekend, some for up i 24 hours, including osama alolabi's parents. a's a student at southern university. he joined protesters at the airport. he said his parents already had their visas. he was waiting in line. when they saw they were syrian, they took them to a private room. then a person comes and lectures how if you're from these seven countries, you have to go back. >> reporter: yasin and her mother are still upset about their experience. >> my mother and all the ones like my mother are expecting an apology, a big one. >> reporter: if the president were watching this, i'd wonder what you want to tell him. >> i just want him to have a heart. >> reporter: david begnaud, cbs news, dallas. >> pelley: and on another busy foy, that is the "cbs evening news" for tonight. for all of us at cbs news all around the world, good night. captioning sponsored by cbs captioned by media access group at wgbh access.wgbh.org tears of joy and relief, for a husband and wife, kept apart by president trump's travel ban. good evening, i'm elizabeth cook. i'm ken bastida. allen and veronica are off tonight. this was the s kpix begins with a reunion. compare that to yesterday's crowd on the left side of your screen. where about 1,000 protesters showed up chanting and holding signs. kpix5's suzy steimel is back with the story from the man who has been waiting for his wife for days now, suzy. >> the man you're about to meet is a u.s. citizen and his wife is a green card holder. she was visiting her family in iran earlier this month. and was one of many people over the weekend to be told that she could not come back to the united states for three months. but her husband has been working the past three days to make sure that was not the case. >> reporter: when carmaran first heard about the ban, he could not believe it. >> there's millions of people, how is that possible. >> reporter: his wife was visiting family in iran this month. she has a green card but when hamed heard the news he told her to book the first flight home. she was told he couldn't fly. ever since he's been trying to get information. >>
president trump citing they can provide a lot of jobs for americans. keystone and dakota pipeline projects advance for government approval. day two, right? >> it is only tuesday. [laughter] >> we have a bunch of initiatives. the keystone thing was a big republican versus democrat issue. >> we have been on air for almost six years. we've been talking about that pipeline for about that long. democrat strong people along saying they had all these permits to review and they needed more time. epa don't do reviews concurrently. they were sequentially. the epa said it they needed more and then the state department. hillary clinton was using it as a way to hold off the unions from being mad at her and she had to make a decision. side with the climate wing of the party or go with the workers? ultimately the climate change folks -- there was not good logical reason for them to deny the keystone pipeline permit. today you saw keystone pipeline, the company, saying they will reapply. one of the questions i had is do they have to start over in the permit process? looks like they were able to pick up where they left off. >> trump administration so they were going to expedite the approval process. trans canada, may be about an hour ago, they were thinking president trump in saying that pipeline would create thousands of well-paying jobs and add $3 billion to u.s. gdp. democrats have to like that, right? >> i think environmentalists have a complaint but i would argue this, you know what? go right ahead. let's see what happens. to my mind, you know, digging up these oilsands which are very difficult and expensive and potentially damaging to the environment, especially drinking water, and a republican governor, by the way, objected to this initially prayed we will see what happens. my key complaint. >> canada. >> no big jobs going to come from this. >> trump cited 28,000 jobs. trans canada, the owner of the pipeline, said thousands of well-paying jobs. the oilsands are in canada. >> that's what they were doing in canada. you have to transport it. considered such environmental threats. >> in two days, he's accomplished possibly more than former president obama accomplished in many, many years. >> that's what happens when you don't play golf. i want to address what i call the pipe lie. before the left freaked out about keystone, there were 2.4 million miles of pipe in the united states. at 72,000 crude oil lines. they exist in america already, and remember how much safer it is to transport oil by pipeline rather than railcar. and if you hate pipelines for oil, why aren't you protesting against indoor plumbing. maybe you should start transporting your indoor sewage by trains from your bathroom to go right across your living room out the door, carrying your poo-poo. that's more dangerous. the pipeline is entirely underground, doesn't cross any land owned by the standing rock tribe three doesn't endanger water. you are moving the water inlet from the pipeline. trains are transporting oil owned by the tribe, the standing rock reservation, they don't mind. there are already eight pipelines underneath the lake. the u.s. army corps of engineers met with these 55 tribes about 600 times. or 400 times. it's not about the tribes. it's not about the oil. it's about activists using this as a way to go after fossil fuel fuel. >> if the u.s. is paying for the pipeline, you've got to use u.s. steel. >> i like it. consistent with things donald trump said during the general election. hillary clinton's own state department, the keystone pipeline was heavily reviewed. hillary clinton's own state department said they would be minimal impact on the environment. what i think more broadly this is is the fact that president obama's days of hamstringing the economy in the name of environmentalists is over. numerous ways president obama with these roadblocks in the way of energy expiration and job creation using the clean power plan to try to shut down the coal industry. roping of federal lands to energy development, shutting down the pipelines, we know that would create jobs and create energy in the country. those days are over. president trump alluded to when he was running for president. >> also today the president met with ceos of the auto industry. he said he would curtail environmental regulations and make it easier for them to build plants in the u.s. >> we are bringing manufacturing back to the united states. we are reducing taxes substantially. we want regulations but we want real regulations that mean something. we're going to make the process much more simple for the auto companies and everybody else who wants to do business in the united states. i think you're going to find this to be from very inhospitable to extremely hospitable. i think we will go down as one of the most friendly countries. >> the automakers expressed optimism after the meeting. >> we are excited about working together with the president and his administration on tax policies, regulation and trade to create a renaissance in american manufacturing. >> huge opportunity working together as an industry with government that we can improve the environment, improve safety, and improve the job creation and the competitiveness of manufacturing. >> greg, i think you and i both agree. i think the idea of an important fee, border tax, don't like it. part of the trump plan to keep jobs here. here's a different way of going about it. reduce regulations, make it cheaper for them to produce here. >> there's positives and negatives. tax relief, regulation, hooray. tariffs, who. protectionism is not capitalism. does nothing about automation. he's moving quickly. i -- i hate to say it. he could save humanity because in the future, automation is going to turn this country into a crazy world of joblessness. they've got to figure it out. you're going to have a vast population of starving, unemployed millions. talk about dystopia. that's something you've got to think about for the next 10, 20, 30 years. >> do you really believe those executives, just like the union guys yesterday, come out and say these nice things about trump. that this is going to transform the american economy or are you witnessing stockholm syndrome. these people come out having been held hostage by the giant new president and his twitter tr feed. >> he is promising to reduce costly regulations and let these companies have more of their own money. that is not stockholm. that is christmas. >> i wonder who saved the american auto industry. thanks, obama. oh, my goodness. you mean the american auto industry was not doing well? the american auto industry right now is doing very well. what they are fearing is that they are going to be -- >> the american taxpayer saved the american auto industry. only to put them out of business. i'm sorry. we had record auto sales. >> let me talk about one of the regulations that i think those executives are counting on to be changed and that's the cafe standards for this is the fuel mileage per gallon. i haven't driven and seven years. can you tell? those are regulations that because of the way technology is an physics, in order to meet that quota, you actually have to make cars lighter. when the ceo of gm was talking there about safety, talking about the importance of making sure our cars are going to be safe enough. do your point on automation, every single one of those ceos has a driverless car technology plan. that kind of innovation is not going to be stopped. i don't know how he's going to save innovation. >> i will contend the only way to save the u.s. auto industry is by reducing their burdens from regulations and costs to produce and cars here in america. >> reduce their burdens of producing cars in detroit. >> it is not just the auto industry. moving some of these regulations is going to help businesses. in for the first time in our nations history we have more small businesses going under. regulation after regulation, hamstringing businesses, making it difficult for them to survive and thrive. i think it's going to benefit everyone across the board by removing these burdens. i think this is what donald trump talked about the entire election with helping the working class families, helping working-class americans and getting the economy moving agai again. so far, he's delivering. >> isn't helping the working class or the titans of industry and helping the big boys on wall street at the expense of the working class who have two -- >> do the unions represent the working class? yes or no? they went out of their way to say it's fantastic. i can't remember the aftershave they used. they went out of their way to make it seem like it was magnificent. >> how does that help working-class americans to shut down businesses across the country? there are no jobs. >> i don't think we are short on jobs with 4% unemployment. >> shutting down businesses, shutting down opportunity in this country. >> i have no objection to more jobs even on top of the fact that we are almost at a full employment economy. you've got to breathe the air. you want some regulation. you want to make sure you do away with unnecessary regulation. >> we've got a go. sean hannity will sit down with president trump at the white house on thursday. mr. trump for the hour at 10:00 p.m. eastern. coming up, the president is set to make of big government announcement very soon, his pick to fill the vacant seat on the when will that announcement happen? that's next. liberty mutual stood with me when i was too busy with the kids to get a repair estimate. i just snapped a photo and got an estimate in 24 hours. my insurance company definitely doesn't have that... you can leave worry behind when liberty stands with you™ liberty mutual insurance ♪ >> for nearly a year there's been a vacancy on the supreme court following the passing of justice antonin scalia. senate republicans blocked the confirmation of merrick garland. now the power to save the highest court in the land lies in president trump's hands. he revealed we are going to know his pick very soon. >> i will be making my decision this week. we'll be announcing. next week we have outstanding candidates and will be pick -- pick a truly great supreme court justice. i will be announcing it sometime next week. >> president met this afternoon with a group of senate leaders to discuss the nomination, a potentially ugly confirmation battle looms. eric, even if you are a republican who is may be skeptical of trump from the beginning, you could be convinced the supreme court was the most boring thing i do think it helped him with a lot of states that were on the edge, like wisconsin and pennsylvania, michigan. out of the gate, they are going to have a nomination. >> if you remember for the last month of the election, single issue voter, supreme court. think about what we would be doing if hillary was the president. appointing the scalia seat. ruth bader ginsburg is likely to be retiring soon. >> i doubt it. i think she's going to live forever. >> there is a chance three supreme court seats could be filled in the next four years. i hope she retires, spend more time with her family. we wish her well. my point is this, i think it's going to be the most important legacy of donald trump, more so than the economy. if he appoints true conservatives, left the young conservatives. >> i don't think that's fair to john roberts. anyway. greg, there's three names that are being bandied about. >> i have them here. >> sheriff dave clark. ted nugent. >> that's not the list i have. >> i came up with this list last night at a bar. >> judge william pryor, judge neil gorsuch of denver, and judge thomas hardiman of pittsburgh. >> neil gorsuch seems to be the leading contender. i am pretending to know what i talk about. thanks, wikipedia. according to the press stuff that came out, his background. he has a sterling legal and academic credential. he has a keen legal mind. they say this about every person. >> judge napolitano had nice things to say about him. >> i would like someone to say he's okay, average student, kind of slow, got in a lot of fights, tends to drink too much. they all sound the same. i would like to have a colorful supreme court judge. >> juan, do you think the democrats are going to be able to gear up and organized in order to try to at least i guess try to thwart it? i don't see how they can. i think it's going to go forward. >> depends who it is. gorsuch, his mom was the epa administrator who got in trouble and held in contempt of congress. >> she had a good defense on that. >> what interests me is who it is. i think that gorsuch is the number-one pick right now according so the tattletale's coming out of the white house, it's because he's not that objectionable. his record is pretty set. >> one of the things i thought about merrick garland. republicans had voted to support merrick garland in the past so president obama thought this would be acceptable to republicans. you look at somebody like gorsuch, you could make the same argument. >> my money is on ted nugent. this is an important issue for voters. 21% said the supreme court was the number one issue. they decisively broke for donald trump in the election. tactically it's marked for donald trump to put the supreme court nominee next week. he is trying to move through his cabinet choices as well. it's going to be difficult for democrats to fight these battles simultaneously. there are ten democrats and states that donald trump won. five of those states he won by double digits. if these guys -- what fights do they want to use their political capital on? introducing the nominee next week muddies the water to make it difficult for them to narrow in on these different votes. >> i think the democrats have made a tactical, strategic error to try to block all of the cabinet nominees are slow them down. rather than picking two or three they could've had. instead they are fighting on all fronts. they are going to all get confirmed. >> have you thought that they in fact have not submitted some of their financial records, some of them have said they wanted to destroy their entire agencies. maybe you should ask questions of these people. >> they are going after tom price for not disclosing certain things about his finances. i think after tim geiser set a new standard where i guess he didn't pay his taxes in full from 2001 22004. i don't think you can get worse than that. i have a rule that the longer you live on the planet. >> that is what price should have said. it was turbotax. not my fault. >> the more successful you are in life and the older you get, the more likely there will be a perception of conflict of interest. if you have no conflict of interest, you are boring. you did nothing. >> you've amounted to nothing. you are a loser. >> up ahead, chicago mayor rahm emanuel has a serious crisis on his hands. here are greg's words for him when "the five" returns. just like the people who own them, every business is different. but every one of those businesses will need legal help as they age and grow. whether it be 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of the kitchen table. i don't think in the kitchen tables of america, and i can tell you saturday, people were not talking about the crowd size on friday. i think the speech missed an opportunity to speak to our better angels as a country. >> this guy lecturing people. he claims he doesn't address the issues at the kitchen table while in chicago people are hiding under kitchen tables to avoid getting shot. as of monday, chicago has had 43 homicides, nine more than the same time period a year ago. 60% surge in homicides or rahm-icides. nothing bleaker than those stats. i would shut up and help the police. after eight years of obama, ignoring the bloodied failure, you have a president focusing the spotlight on liberal policies that prevent effective policing. as liberals in charge and a media question the cape abilities of police, they live play ask why there is an antipolice atmosphere or why cops are holding back. my suggestion to rahm emanuel, ask yourself why homicides are surging in baltimore, memphis, austin, san antonio, indianapolis and what they might have in common and then resign. eric, how can he be lecturing anyone? >> that's it. the hypocrisy. how dare you do that? i am from chicago. i have a little personal history. the top of the numbers, murder, homicide rates. it's as great as new york and los angeles combined it could y those two cities have almost a five times greater than the population of chicago. he said trump was elected on jobs and security. talk about security in chicago. the unemployment in cook county is 30% higher than the national average. he is failing on both of the things he is calling trump out for free jobs and security guard he has no right to talk to trump about any of these issues. >> is that right? i think a lot of this is what it's impacting the black unity in specific areas of the south side. a little bit north. two big black communities that are really the locus of these murders. i don't think it's fair to talk about all of chicago. >> who was a bigger front of the black unity, rahm emanuel or donald trump? >> oh, my gosh. what have you got to lose coming from donald trump? donald trump says most of the murders of white people are due to black people. that's a huge lie. >> that was a retweet. he mentioned crime in his inaugural address. even jesse jackson said that was refreshing. >> here's the thing. donald trump's prescription is rahm emanuel needs federal help. he should be getting help. i guess he means troops or national guard or something like that. that's not going to solve what's going on where you black men killing each other. it's like a lost generation or something going on. i don't think it is solved by putting federal troops on the ground. >> this is the same guy who went after chick-fil-a while people were dying in his city. he took a stern and brave stance against a fast food chicken outlet over gay marriage. >> i think it would have been an interesting move had rahm emanuel, who i don't think held a press conference to talk about donald trump. he was asked about it because he was the chief of staff of barack obama and he's been a congressman great also i think they want to know will rahm emanuel asked donald trump's help in chicago. the signal he was getting was no. would have been refreshing had he said i'm not focused on the president. let him get underway. i support him and i would welcome a visit from him to chicago. there's a different way to approach things if you choose do. everybody gets to make a choice. >> shouldn't he resign at this point? >> sure. no, look. president trump ran as a law enforcement candidates barely acknowledged things that were happening in mayor emanuel's backyard. it's important to point out that rahm emanuel admitted that the ferguson effect was real and it's happening. if you look at what is happening to police officers. 56% increase in police murders. 106e7% increase in ambush-style killings, a 10-year high for them. that's important. >> right now they are having protests in chicago against the dakota pipeline. because the dakota pipeline is killing people. >> hundreds of millions of dollars spent, has said that democrats have to get a new theory, a new motto, new message. >> he has not changed his actual beliefs and he just wants to say it differently. >> what was his line? no one cares about dying polar bears anymore. the environmental movement is not strong and powerful anymore. >> oh, boy. look at the polls. people care about the environment. >> i'm not saying they don't care about it but it doesn't seem to have the political weight. >> not with donald trump in the white house because he seems to think there is no problem with any kind of environmental degradation. go right ahead. >> that's not fair. also his choice -- >> i tell you what he does. stop and frisk. >> the choice for interior department is actually a very moderate on the issues of conservation paired he comes from montana. there are tons of federal lands in the state. i think it's going to be a difficult argument to be made with him at the helm. >> you know what's amazing about stop and frisk? you find guns. it's a cause and effect. >> rahm emanuel said that. in the press conference he said if you are in new york and you get caught with an illegal gun you will get three years. if you are in illinois or chicago, you get one year. he said he believes the criminals know that. i don't know if that's true because i'm not a criminal. >> you say you're not a criminal. had, fbi director james comey was a polarizing figure during the election. will president trump keep him on? it's a question. we have an answer next. to get this ear hair trimming operation up and running. because you can't trust your body not to grow hair here and you can't trust your coworkers not to nickname you ear hair man. and you definitely can't trust that anyone will focus on your business presentation when you've got an armpit on the side of your head. but you 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officials he spotted the fbi director in the crowd and called him over for a lighthearted moment. >> oh, and there is james. he's become more famous than me. [laughter] director comey. >> jim comey became a household name this election season as the overseer of the clinton email investigation. hillary clinton partly blamed jim comey for her election laws. there's been a lot of speculation about whether mr. trump will keep jim comey on as head of the fbi. today we learned he has asked him to stay in the director will remain. lisa, are you happy? >> i don't know. yes. i think for continuity sake. the director was set up with an impossible task because no matter what decision he made, there was going to be massive criticism. imagine, first of all, doj loretta lynch set comey up. she hamstrung him. sitting on the tarmac with bill clinton. >> wasn't that after comey's announcement that he was not going to go ahead? >> she put the decision-making at the feet of comey. he was facing an impossible task. imagine if he had recommended an indictment for hillary clinton. how would that play out? he would be derailing the election. >> well, now comey has, i think until 2023. he's going to be there for an extended period. he is going to be in charge of the ongoing investigation to trump's ties to russia. paul manafort was under investigation by comey's fbi. >> we found out, "the new york post" reported that the fbi investigation into general flynn was being dropped. fox confirmed that as well. however there are others involved the investigation come as you pointed out. i think it's great that comey can stand because i'm guessing they are knee-deep in investigations of the clinton foundation, not the emails anymore but the foundation. i think they are going to find a lot more. if comey, and dana would know this, if comey has the support of the agents, the fbi agents who worked so hard to put these investigations to together. >> apparently so. you don't really hear otherwise. i think a 10-year term for an fbi director makes a lot of sense. if donald trump had chosen to replace him, it would be a seismic event. not a headache the white house needs to worry about. obamacare, taxes, supreme court nomination and other things they need to get done. if i were james comey, now that he knows that he has the support of president trump, i would seek an audience with the president and ask for more resources, not to talk about the clintons or the ties to russia but remember jim comey a year and a half ago said on "60 minutes" that the fbi has opened investigations in all 50 states with concerns about isis. the fbi has -- they are spread too thin and they need more support, and i would ask for it now. >> with regard to the agents you are asking about, especially special agents in charge brit hume made the announcement that he was saying to his most senior fbi agents what strikes me about this is you go back to the campaign and rudy giuliana, -- rudy giuliani. they were putting pressure on comey and even trump said he thought comey made a mistake in the investigation of hillary clinton. seems like now trump is a comey fan. >> comey, one minute you are for him, against him. he's an american hero not because he brought hilary down but because he brought anthony weiner back for another round of embarrassment. i think -- i enjoyed that because i enjoyed watching it. i think donald trump should hire anthony weiner as a white house gesture. wear a cap with three balls and a harlequin jumpsuit and run around the white house. >> i like it. that plus the train with the stuff through my living room. i like that. i want to say "the wall street journal" and others, conservatives, have at times been highly critical of comey. >> they did. >> that's what i remember. i guess that's all gone. right now the senate is voting to confirm nikki haley, trump's nominee to be u.n. ambassador. i interrupted you, lisa. >> who knew he was that tall? how tall is he? >> after 9/11, i worked at the justice department. i am probably the shortest person anyone here knows and he had a couple of his aides. they are all 6'8", 6'9". >> that is tallest. >> injustice. i thought you said the long arm of justice. >> it is -- talk show host and comedian chelsea handler embarrassing herself during an interview in which she mocked our new first lady. you're going to see that next courtesy of miss lisa. and they're absolutely right. they say that it's hot... when really, it's scorching. and while some may say the desert is desolate... we prefer secluded. what is the desert? it's absolutely what you need right now. absolutely scottsdale. ♪ >> after leading a woman's march, chelsea handler decided to tear down another woman, our first lady melania trump. >> melania, talk about walked, she can barely speak english. >> you are a real champion for women. handler failed to mention this is trump speaks five linkages. juan, i've got to ask, they have accused donald trump of being ignorant, sexist, racist. is it tear down the credibility of the left to say something so ignorant? >> i think it's rude. i think that's the point. melania trump is our first lady. she deserves to be treated with some dignity. she has a strong accent, is that what chelsea handler is talking about? i don't k she can barely speak and that's not true. kind of brutish and rude. i didn't like it. i must say that when you -- >> do you think of that statement was being made, reverse situation, michelle obama. >> i don't -- as i said, i think what she's talking about is her heavy accent. i think michelle obama doesn't have a heavy accent. >> the point i'm making is there seems to be a double standard in the media when someone like chelsea handler says something versus someone on the right. greg, what do you think? the vehicle you know what i love, she led a woman's march down main street in park city during the second day of sundance. you could not find a more elitist, insulated, white pompous activity than the sundance film festival and a bunch of rich liberal women covered infer walking down a pretentious street in a pretentious event. this is the equivalent of marching through beverly hills in protest of kale prices. you can't take anybody seriously. they are so out of touch and stupid. imagine her being married to a nominee, running for president in a foreign country and having to make a speech before thousands and thousands of people. sober. i couldn't do it. i would be drunk as a skunk. >> she's got books about that. dana, we've got this comment from chelsea handler. madonna has made some pretty crazy comments. she also mentioned at the march on saturday, alluded to blowing up the white house or saying she's thought about it. got "vanity fair" tweeting something about kellyanne conway being very critical, saying she is going for attention. seems obvious to me, this double standard. >> i will stick to the melania trump piece. i don't think chelsea handler would be granted an interview with melania trump. what would be the point? what cause are you advancing? i do think that first ladies deserve a lot of room and they should not be criticized. she didn't ask to be the first lady of the united states but she's proud to be and i think she has conducted herself with dignity purge she was absolutely gorgeous. not just what she wore obviously but her demeanor, i thought it was wonderful to have poise and grace. i think all first ladies can bring back. none of them would need to give an interview to chelsea handler. >> what do you think? >> isn't the left supposed to be inclusive? could you be more bigoted than to make this comment about melania's accent. she speaks english, french, italian, german, and slovene. chelsea, how many do you speak? she tweeted in october, hopefully an interpreter will be present when donald and melania give their speeches. she is doubling down on some pretty disgusting rhetoric. >> it's been a rough week on this front because of the nbc, "saturday night live" writer who tweeted out something about barron. i don't like it. it doesn't advance liberal causes, that's for sure. we have seen this with the obamas, now with the trumps. it's rude and unnecessary. >> we remember when the republican staffer got fired by saying less than that. we've got to move on. one more thing is next. you're not going to want to miss it. pneumococcal pneumonia. it's a serious disease. my doctor said the risk is greater now that i'm over 50! yeah...ya-ha... just one dose of the prevnar 13® vaccine can help protect you from pneumococcal pneumonia- an illness that can cause coughing, chest pain, difficulty breathing, and may even put you in the hospital. prevnar 13® is approved for adults 18 and older to help prevent infections from 13 strains of the bacteria that cause pneumococcal pneumonia. you should not receive prevnar 13® if you have had a severe allergic reaction to the vaccine or its ingredients. if you have a weakened immune system, you may have a lower response to the vaccine. the most common side effects were pain, redness, and swelling at the injection site, limited arm movement, fatigue, headache, muscle pain, joint pain, less appetite, vomiting, fever, chills, and rash. get this one done! ask about prevnar 13® at your next visit to your doctor's office or pharmacy. ♪ >> time for one more thing. we are all in favor of the rights of people to protest. however sometimes there is dark irony in protest. we were talking about the protesters during the inauguration. these protesters lit this limousine on fire. they thought it was a rich fat cat. turns out it was a small business owner. i will bring you some additional dark irony. the limo was owned by a muslim immigrant just trying to make a living. he has one employee. the employee was hurt. the damage to the limo could be as high as $100,000. our producer spoke to him for he said he's concerned, he is not sure if insurance will pay for the damage to his limo. the protesters may have just put him out of business. >> they should try to make that right. >> or someone on the right. speak of the left definitely should. someone will help him. >> let's see if we can help him. i know were not supposed to be doing that kind of thing. dana, you're up. >> anyone know where the best places to hide $20 million? >> i tried it once. >> in a mattress -- box spring. this guy from brazil, living in westborough massachusetts, involved in some type of pyramid scheme. they investigated him, they track it down and this is where they found the money. >> in the mattress? >> in the mattress. you are not earning a lot of interest on that but apparently it's a safe place for a while. >> god forbid there's a fire. >> it is time for this. greg's man-bun news. take a look at joakim noah. new york knicks. he's not happy. watch it again. watch this. okay. [laughter] this guy is a professional basketball player. this happened on monday. how is this possible that a professional basketball player cannot make a free throw? there's your answer. man-bun. it saps you of your strength. every man with a man-bun has a problem. >> do you know who his dad is? >> he had better hair. he had dreads. >> didn't have a man-bun. >> cut it off, everything's going to be fine. trust me. >> you sound like a cranky old guy. >> i am. i have entered the second half of my century. >> it is national school choice week. i am supporting this scarf. while betsy devos, trump's pick for education secretary is having a surprisingly tough time, you know what, there is no controversy about school choice in my book which is why i am supporting this scarf. school choice opens more opportunities for students to find the best schools and for their parents to find the best schools to meet their needs. that's especially true for low income kids but it's also true for schools all across the country as the nation faces increased global competition. new ideas and competition should always be welcomed for our kids. good luck to all the people participating in school choice activities this week. >> good. we like that. >> i don't know have to -- i don't know how to go after the man-bun news. 4-year-old brody was having a birthday party in clearwater, florida, and police officers caught wind of it so they crashed his party and made a visit there. sergeant tom rogers, , and other officers brought brody a special flag that they signed and gave to him as a gift. pretty cute. >> i love those flags. with the blue strip. >> they had police cars outside. adorable. >> we will leave it there. set your dvr so you never miss an episode of "the five." that's it for us. "special report" coming up. >> bret: the dismantling of the obama legacy. one executive order at a time. president trump resurrects two major oil pipelines, fulfilling campaign promises and enraging environmentalists. this is "special report" ." good evening. welcome to washington. i am bret baier. workday number two for president trump brought more executive action, more meetings with business leaders, and word that a new supreme court nominee is only days away. the decision to jump start work on the keystone xl and dakota access pipeline projects is both a shot across the bow to environmentalists an
>> there was drama and intrigue in the nation's capital. the president sending a hand delivered letter to the her for refusing to defend his travel ban, shortly after a new acting ag was sworn in promising to quote defend the lawful orders of our president. plus the trump administration naming a new acting i.c.e. director as confusion over the travel ban persists at u.s. airports. and today becomes the next big new and potential from the problems of the last big move. tonight's big prime time live announcement is going to reveal the president's pick for the supreme court. the media is going to eat it up but democrats may be waiting in the weeds to pounce. we're just in day 12 of the trump white house. we got every angle covered. let's start at the white house. >> reporter: it was an extraordinary series of events here at the white house just overnight as the trump administration is shaken by that executive order he signed on friday. now, set the democratic criticism aside, this white house is clearing republican criticism from many of his own cabinet nominees who wonder why were not informed or help participate in implementing all of this. all of this is threatening to consume his young presidency. in an extraordinary move, president trump firing acting attorney general sally yates. her dismissal coming via hand-delivered letter, only hours after she stood in defiance of the president's travel ban. yates writing in a letter, she is not convinced the executive order is lawful, citing the solemn obligation of the department of justice to seek justice and stand for what is right. >> we had a monday night massacre. sally yates, a person of great integrity, who follows the law, was fired. >> the white house attacking the career prosecutor, claiming yates betrayed the department of justice and is weak on borders. after she instructed the justice department not to defend the president's executive order on immigration and refugees. immediately following the swearing in of new acting attorney general dana boente. yates' replacement rescinding her guidance right away. directing the department of justice to defend the lawful orders of our president. >> i want to make sure i have the law and the facts. >> appointed by president obama in 2015, yates garnered major bipartisan support in 2015. senator jeff sessions who is currently awaiting confirming as attorney general seen here asking her if she would bend to political pressure to then president obama. >> the views the president wants to execute are unlawful, should the attorney general, or deputy attorney general say no? >> senator, i believe that the attorney general or deputy attorney general has an obligation to follow the law and the constitution and to give their independent legal advice to the president. >> in yet another swift move monday night, president trump naming thomas homan as the new acting director of u.s. immigration and customs enforcement, demoting dan ragsdale to deputy director. that was his previous position. meanwhile, the president's travel ban met with growing outrage in washington. >> your scengtive order was too order and you didn't vet it. >> and across the country. only ten days after leaving office, former president obama weighing in. a spokesman saying the protests are exactly what we expect to see when american values are at stake. trump's white house slamming any opposition. telling dissenting state department officials to quit their posts if they disagree with the policy. >> i think they should either get with the program or they can go. >> all this as president trump moves up his supreme court nomination announcement by two days, scheduling a prime time address tonight. >> i think you will be very impressed with this person. >> now, the person has met personally with at least three contenders for that supreme court nomination to replace the seat of the former justice antonin scalia. cnn has learned that the two leading candidates are neil gorsuch on the federal bench in colorado, 49 years old, and thomas hardiman, on the federal bench in pittsburgh. he is 51 years old. this is a lifetime appointment. whoever is announced tonight, the confirmation hearing is going to be embroiled in the legal fight over immigration. some democratic senators are asking for more time, more questions to ask jeff sessions about this immigration order. he is expected to be confirmed, but again not without a fight over this immigration executive order. it's going to be a very interesting day. sally yates abrupt firing and the naming of an immediate replacement for the acting attorney general is all playing out inside the justice department. how? cnn's evan perez is live from washington with more. what have you learned? >> all weekend sally yates wrestled with what to do about an executive order that the trump white house simply did not consult her on. she was among several top lawyers in the department who didn't feel that they could defend the order which bans most travel from seven muslim majority countries. the chaotic weekend roll-out led to emergency court hearings that showed how ill-prepared government lawyers were to defend the executive order. white house officials were anticipating on monday that yates might resign but instead she wrote a memo ordering justice department lawyers not to defend the executive order and her memo invited the president to fire her. she said for as long as i'm the acting attorney general the department of justice will not present arguments in defense of the executive order. she was fired about four hours later. dana boente, the new acting attorney general like yates is also an obama appointee, and he has now rescinded her memo, but by defying president trump and getting fired, yates became a big hero to many inside the department. meanwhile, other justice department lawyers are uncomfortable about the showdown. they think yates should have just resigned without instructing subordinates not to defend the executive order. >> except that's exactly what they took an oath to do, which was to give her own independent counsel to the president on the law. >> let's bring in chris collins, co-chair of the house leadership committee. good to have you on the show. you feel good about what you sign up so far in terms of this ban. do you like this ban? >> i do. donald trump, president trump is doing exactly what he promised he would do, keeping america safe, putting america first, and the liberal media is trying to make something out of this as well as certainly senator schumer and nancy pelosi, trying to call it a ban on muslims, which it's not. it's just putting america first as we get the department of homeland security and the others involved with making sure that we're vetting those coming into our country. we know who they are, so it is putting america first and making america safe. it's not this ban on muslims that they are trying to make it into. >> i hear you, but you are basically defending it with a slogan, saying it's america first. it's not about changing the procedures because you've changed nothing. you did the ban first. you guys tell us not to call it a ban. the president called it a ban. >> oh, it's a ban. >> well, in fact, yesterday, you had surrogates on here saying don't call it that. it's just like a moratorium. it's like president obama's 2011 order. which is poppycock. he called it a muslim ban during the campaign. how are we wrong to describe it that way? >> well, it's a 120-day pause on refugees coming in from any country and certainly those seven countries that for the next 90 days we're not going to let foreign nationals in from are the same seven countries that last year with obama as president were identified as those countries that had terrorism -- >> except obama identified them as places where you need to watch who traveled in and out of those places and make select judgments on those people. not just someone's nationality, which what you are doing now. so again what are we getting wrong? >> it's a temporary moratorium. >> it's a ban. [ simultaneously speaking ] >> it's still a ban. the president calls it a ban. what are we saying it's wrong? >> we want to know who is coming in the country. he's going to err on the side of safety for americans. he's going to get his arms around with his team the issues of vetting these individuals, and i've heard a lot of folks, democrats included, that say a 90-day, 120-day pause, there's nothing wrong as he's putting his administration together. if the democrats would approve his cabinet appointees a little quicker. >> i get that criticism. one thing at a time. one, the constitution doesn't distinguish in duration. so a ban of one day is the same as of a thousand days. putting a stoppage on refugees, they are the most vetted individuals that come into our country. so if you want to stop liabilities in our immigration system, theoretically you will stop everything else first other than the refugees because nobody is as vetted as well as they are. but you are not doing that. and you are only picking these seven countries and not the ones where the 9/11 attackers came from which doesn't make any sense to people if what your concern is protecting us from the threat, because there are no statistics you can point to that show refugees as a threat in this country. >> well, no, the temporary ban is on all countries. not just these seven. it's 120-day ban on refugees from any country. not just those seven. >> right. but what i'm saying is you can't show me a threat assessment or a metric that proves that refugees are a threat to you and me, where we live in this country. >> president trump and his cabinet, his security advisers, are going to get their arms around what's going to be best for america as he's just taking office. 120-day pause is not that outrageous as the democrats are saying. he is getting his arms around it, and he is saying he's going to make sure they know what's going on, and i think america supports the 120-day pause. >> i don't know that they support it. certainly i see protests all over the country. you see federal courts acting outlet against it. you had an acting attorney general saying she couldn't defend it. i think the larger question is the way they did it. okay, whether or not it was legal will be decided by the courts, not by us here today, but why wouldn't you, common sense dictates, go to the agencies who are involved, figure out what they do now, figure out how to do it better, and then go do that? why would you just stop everything as it is, put lives in peril, send an ugly message to the rest of the world, when you are not even ready to do anything differently yet? >> well, primarily because president trump is going to make sure if he's going to err, it's on the side of keeping america safe and so this temporary pause for 120 days allowing the president and his team to understand what these other agencies are doing, understand in the past we had catch-and-release, a porous border. we had refugees coming in that we don't believe were properly vetted. obama folks can say otherwise, but we're going from the mind set of porous borders to truly clamping down on who is coming in this country. >> the numbers suggest that you are in pretty good shape when it comes to attacks on american soil and where they come from. refugees are not the greater risk right now. you have a better chance of getting hit in the head by a dresser. let's talk about steve bannon. are you comfortable with him having a seat on the nic? >> yes, i am. i'm comfortable with the president of the united states putting anyone in an agency in a position with a counter. you don't need yes, men. you need people who still stand up to disagree. that is someone like steve bannon will say to them, i don't agree with that, talk him into changing his mind as there's 6, is it, 10 people debating an issue. i support him surrounding himself with people whose advice he trusts. >> there's no question that bannon has influence with the president. when you say his opinion should be valued? on what basis? what is his pedigree to put him in the room with our intelligence and military leaders as a self-described leninist who wants to destroy the state? >> i think it comes down to the fundamental strengths of someone like a steve bannon who can listen to differing opinions, can sometimes very succinctly bring those back into the proper points and not go off on tangents. i just think he's a brilliant strategist who, you know, it going to be one more voice in the president's ear. he's not going to be calling the shots. that's the job of the president of the united states. the president wants someone that is by his side. he knows he can trust, and that is steve bannon. i have absolutely no problems with it. >> chris collins, appreciate you making the case for the administration as always. you are always welcome on "new day." blowback from the trump travel ban, will it affect the confirmation of any cabinet nominees? senator angus king joins us next with his take. i talked to my doctor and found a missing piece in my asthma treatment with breo. once-daily breo prevents asthma symptoms. breo is for adults with asthma not well controlled on a long-term asthma control medicine, like an inhaled corticosteroid. breo won't replace a rescue inhaler for sudden breathing problems. breo is specifically designed to open up airways to improve breathing for a full 24 hours. breo contains a type of medicine that increases the risk of death from asthma problems and may increase the risk of hospitalization in children and adolescents. breo is not for people whose asthma is well controlled on a long-term asthma control medicine, like an inhaled corticosteroid. once your asthma is well controlled, your doctor will decide if you can stop breo and prescribe a different asthma control medicine, like an inhaled corticosteroid. do not take breo more than prescribed. see your doctor if your asthma does not improve or gets worse. ask your doctor if 24-hour breo could be a missing piece for you. learn more about better breathing at mybreo.com. is america's number-one you kmotorcycle insurer. yeah, she does purr! best bike i ever owned! no, you're never alone, because our claims reps are available 24/7. we even cover accessories and custom parts. we diget an early start! took the kids to soccer practice. you want me to jump that cactus? all right. aah! that lady's awesome. i don't see a possum! president trump firing acting attorney general sally yates who defied him by refusing to enforce his travel ban. our next guest believes the travel ban is dangerous. independent senator angus king joins us. good morning, senator. president trump says the travel ban will make america safer. why do you disagree? >> it will make america much more dangerous. i think this is probably the worst foreign policy decision since the invasion of iraq. what it's done is played right into isis' hands. i've spent probably 50, 60% of my time around here on foreign policy and on terrorism, both on intelligence and armed services. they want us to turn this into a war of the west against islam. they have explicitly said they want to drive a wedge between peaceful, nonviolent muslims and the west, particularly america. we just played right into their hands. over the weekend there were all kind of excited communications from isis about what a great thing donald trump had done for them, and we've got troops in iraq fighting alongside muslim troops and what does it do to that situation? what kind of dangerous does it raise? there are 1.6 billion muslims in the world and we don't want a war with all of them, we don't need a war to all of them. we're not opposed to all of them. this billionerous roach is a -- this blunderous approach that's a ban, the intelligence we get from abroad comes from muslims, that's where the tips come from and something like this makes it harder for those people to have confidence in our government. it's a disaster from the point of view of national security. they didn't consult with homeland security, they didn't consult with their new secretary of defense, their new secretary of homeland security. didn't consult with the justice department. this was done in the dark of night at the white house. no consultation with anybody, and terrible process, treshl results. >> so senator you feel very strongly about this. what can you do about it? >> well, i think, you know, we can talk about it. we can look at it. we can look. we can hold hearings. we can call people to account. for me, it sort of settled my mind over the week on two appointments. one, i'm going to vote for rex tillerson in spite of some significant reservations about exxonmobil and about his ties to russia because i think he will give the president the kind of independent advice that he needs and he's a guy that doesn't need the job. i suspect right now he probably wonders if he wants the job, but i think he will be an independent voice. i've decided on the other hand not to vote for jeff sessions as attorney general for sort of the opposite reasons and i like jeff. he's a friend. i've worked with him here. we really have gotten along very well, but i'm not voting to confirm a friend. i'm voting to confirm somebody who i think has to stand up to the president and say this is wrong, just like that clip you played earlier today, the question is how will jeff answer that question, and i'm just in my gut, because of his relationship with mr. trump and his history, i'm just not sure he would give the kind of independent advice that this president desperately needs. >> do you think that jeff sessions' nomination is in danger? >> i don't because i don't think any of his republican colleagues are going to vote against him and they have the votes. they have 52 votes. there are some privately thinking about this and uncomfortable about it, but i would be very surprised. i'm giving you a prediction here. i would be very surprised if any of those votes changed. this is one of most difficult ones that i've had to deal with on this series of nominations, but in the end, as i say, i think the crucial -- in this particular case, where this president, he listens to a very narrow group of people and as we've learned this weekend can make some very bad decisions, i think he really needs -- we need to get some people around him as quickly as possible who can rein in those impulses like what we saw this weekend. >> well, look, the white house says that sally yates was weak on border security and she was weak on immigration, and if she's not going to carry out the president's executive orders then she has no business being in the justice department under president trump. that's what senator sessions will say as well. if you don't share the president's world view, you start to hear the white house saying this, maybe you shouldn't be there. >> well, sally yates, she did what she thought was right. the president has a right to do what he did. i don't question that. but i question -- at some point as a leader, you have to learn to listen to people who may not agree with you, who may not affirm what you want to do and if gorgeous do that -- if you don't have do that, you are going to make some big mistakes which i think was made on friday. i want to pick my cabinet and people i want to work with, but i think there are some outside limits and in this case, you know, we've never -- as everybody keeps saying, we've never experienced anything like this and the fact that they did this order without consultation -- as near as i can tell -- there may have been some behind the scenes, but as near as i can tell, nobody in congress, republicans or democrats, nobody at the justice department, homeland secu secure -- -- homeland security, state department, had input on this. >> i want to get your input on the supreme court nominees that mr. trump will be announcing tonight at 8:00 p.m. here are the top two contenders. we have judge gorsuch and judge hardiman. interestingly, president trump's sister sits on the court with judge hardiman. she knows him and likes him. who do you think mr. trump will be naming tonight? >> i have no idea. i'm going to do what i've done throughout this process. i'm going to listen to the hearings. i will probably go to the judiciary committee hearings, even though i'm not a member. i did that with rex tillerson and jeff sessions, for example. i'm going to listen. i don't know these two gentlemen. i don't know their judicial temperament and record, i'm going to make an independent judgment whether i believe they will interpret the law and constitution rather than trying to make law. that's my criteria. >> thank you very much for being on "new day." president trump's travel ban has sparked a global uproar. what do his supporters think? are they standing by their man? next. are you ready?? you gotta be ready. ♪ oh, i'm ready i mean, really ready. are you ready to open? ready to compete? ready to welcome? the floors, mats-spotless. the uniforms, clean and crisp. do your people have the right safety gear? are they protected? i'm ready! you think your customers can't tell the difference between who's ready and who's not? of course they do. ♪ i'm ready for you everybody wants a piece of ready. cintas, ready for the workday. bp engineers use underwater robots, so they can keep watch over operations below the sea, even from thousands of feet above. because safety is never being satisfied. and always working to be better. with sleep number, there's an adjustment for that. tilt your tormentor and put those snores to sleep. does your bed do that? come into a sleep number store where the queen c4 mattress is now $1199. it's a no brainer. all right. there's lots of criticism over president trump's immigrant travel ban tarring -- targeting seven muslim countries. sean spicer says there's also plenty of support. >> this is about the safety of america. there's a reason that the major of americans agree with the president. they understand that's advertise number one pirate and number one duty of anyone to keep our nation safe from abeing at that. these are common sense steps that the president is taking. >> majority of support for the band. where do they get that? let's discuss with selena dito and reporter and columnist for the new york post and national political reporter for "the new york times," mr. alex burns. selena, you are the cell appointed -- self-appointed trump people whisperer. do you believe that sean spicer says a majority of the country agrees with the president about the immigrant ban? >> i will agree that the majority of his supporters agree with the ban, and i did go out and drove around pennsylvania and ohio over the weekend, talked to a lot of people on the amtrak train yesterday from pittsburgh to washington, and there were a lot of people that did not vote for him who like the idea of the sort of stoppage, the pause. they like the idea of a more rigorous vetting. they are not particularly thrilled with the way that he did it, nonetheless they -- you know, they like the idea -- they believe that we need to do a better job of vetting, and they didn't see it as a religious ban. i think the problem trump got into with people calling it that and feeling it is that way is because of the rhetoric that he used during the campaign. >> one more question for you before we get to alex. when you point out to those people there's never been a refugee who has been involved in a terror attack here, what do they say to the facts? >> good question. they don't look at it as it's targeting any one person. they look -- you know, they understand that a refugee has never done that or, you know, a currently refugee. i think the guy from ohio state was actually a refugee from somalia. i'm not positive, but i think that he was. they don't look at it that way. they look at it as a stop-gap way to check everyone, whether they are refugee or christian or muslim, whatever their motivation is. >> jeffrey lord joins us now. is he in there? tried to duck us, jeffrey lord, not today. jeffrey, it is impossible to say through any series of interviews that you know where all the trump supporters are on anything. we take that and we stipulate that as a notion. there was always a disconnect with people who are voting for trump. people who are sick of the system, sick of the status quo and wand somebody to go in there and try and change things and agreement about how he spoke and how he felt about people, especially when it came to muslims. how do you think that's going to play out with this ban which by the president's own words was a muslim ban in its inception? >> well, it's not a muslim ban. i mean, he's going after terrorists is basically what he's doing, and i have to tell you, chris, i mean people here in this part of pennsylvania at least and pennsylvania voted for him, get it. they understand it. they are concerned. they are concerned for safety, and it's as basic as that. there was a great piece on cnn last night where randy kay went into a pennsylvania diner and talked to folks. these are the kind of folks that i talk to all the time, and it's a pretty basic thing with them. they are not anti immigrant. i mean the whole country is filled with 100% deextended from immigrants. they want something done. they understand at a basic level, he's trying to protect them. >> alex, what are you hearing? >> when you talk to washington on both sides of the aisle, folks in the state who are not representing the core trump constituencies in the rust belt that they are talking about, there's an enormous degree of uncertainty how the public is going to react, not only to the substance of the order but the spectacle that's unfolded over the last few days. there's a significant share of the electorate who support restrictions on immigration. taking those views on an abstract level is very, very different from seeing things implemented exactly the way they have been implemented, and in a lot of way the focus on trump's base misses the larger point that he cannot govern the country with just his base's support. >> they get what the reality is, but they like that he's protecting them. i don't know how those two go together because we just had congressman chris collins on. you can't defend the ban on the basis of fact, jeffrey. you can't do it because the threat doesn't exist from the groups that are being band right now. you know this. you heard the stats. i get that people are afraid because you are making them afraid, but i don't get where the threat is articulated in fact to encourage this ban. >> chris, wow. my friend. these are people living their everyday lives and they look at the collective here. they look at 9/11. they look at what happened in san bernardino. >> this would not have stopped 9/11 on san bernardino. >> chris, chris, they are looking at threats. they are looking at threat. this is what they see as reality. >> but you are selling them a solution that wouldn't have saved them from those threats. >> chris, chris, chris, they are looking at the fact that -- and it is a fact, that he wants to protect them. that's what they are looking at. they are looking at this and they are seeing that it could be them, it could be anybody any day. >> i know -- >> the fact -- the chris, you are dancing around this. >> no. i think -- honestly, i think i'm stopping the music to be honest with you. because i'm saying -- >> chris, that's what they think. [ simultaneously speak being ] >> from any of the people in those countries that you are stopping right now? >> chris, chris, chris, chris. my friend, i'm not sure you hear how you sound. the way -- the way what you just said sounds, it's like people are hearing, okay, let's wait until we get a whole bunch of dead people and then we'll do it. they are not going to go down that road. >> i get that that works for you. i get it and i applaud your efforts. do that. that's what politics is about. >> chris. >> here's what i'm saying, if you are going to ban people, if you are going to keep me safe, keep me safe from the people who want to hawrt me -- hurt me. put saudi arabia on the list that's where all the 9/11 people came from. you didn't do that? why? make me safe from the real threat, jeffrey. if someone is trying to break into the house, don't take my house cat and throw it out the window. stop the guy at the window. >> how many times has he said that the real threat is radical islam? radical islam. so it -- >> fine, use the language that you like. >> you want to divide people geographically, i'm saying what he's targeting is radical islam, something he has talked about endlessly. >> and how do refugees fit into that argument, jeffrey? >> because we're not being attacked by a bunch of emissco palians. >> you just said it. there is a difference. >> selena, give us the last word. >> i interviewed several people that are current, you know, people that have i am grated from the past 20 years from the middle east and they also -- they were all of muslim faith, and they also are very concerned about isis and about the impact that -- the bad guys have on them. they don't mind the ban. they really don't. but they don't like the way he did it. they would have rather have seen a muslim cleric standing there with him and talking about it, you know. optic are everything, and that -- >> optics should not be everything. alex, last point. >> this notion that there's a huge community of muslim immigrants out there who would be totally fine with this policy if there was a cleric standing next to donald trump. my experience in dealing with people in those communities, that's nowhere near a representative view. >> i didn't say huge. i said i talk to a handful of people. >> that's a handful of people. >> we will continue this conversation and debate. thank you very much to all of our panelists. >> we do it for you. what do you think? tweet us at "new day," post your comments on facebook.com/"new day." she refused to defend president trump's travel ban and was shown the door. what is next for the acting attorney general, sally yates? a friend of hers joins us with what she's thinking today. america's favorite potatoes, and donating to local charities along the way. but now it's finally back home where it belongs. aw man. hey, wait up. where you goin'? here we go again. uhh, this is never easy, sugar, but your position here has been made redundant. what? who's replacing me? splenda naturals? well... she's made with stevia. come on! stevia has a bitter aftertaste. hold on. splenda naturals is not bitter. she's as sweet as sweet can be, and calorie-free. again with the calories? it turns out people don't want extra calories. so that's it? no, we made you a cake. with sugar? oh, no. (laughing) with sugar? companies across the state are york sgrowing the economy,otion. with the help of the lowest taxes in decades, a talented workforce, and world-class innovations. like in plattsburgh, where the most advanced transportation is already en route. and in corning, where the future is materializing. let us help grow your company's tomorrow - today at esd.ny.gov dana boente, the newly installed acting attorney general vows to defend the president's immigration executive order. he was sworn in last night just hours after the president fired acting attorney general sally yates who defiantly refused to enforce mr. trump's travel ban. paige pate is a friend of sally yat. he joins us now. tell us about sally yates who is this symbol of sort of standing on her convictions and who lost her job as a result of that. what do you know about her? >> well, i think what sally yates did yesterday is entirely consistent with the type of lawyer and the type of person she's been for many years. my relationship with her was primarily a working relationship. she was an assistant united states attorney here in atlanta for many years. she became the number two in that office. was first united states attorney and became our united states attorney when she was confirm by the senate after president obama was elected. so we're all very proud of her in atlanta. she's always been a person of principle, a very strong moral compass and it doesn't surprise me at all that she refused to follow through and defend an executive order that she personally believed was unconstitutional. that is the commitment she made to the senate when she was first confirmed for deputy attorney general. >> well, she's being painted by the white house as something of a renegade now, as well as a political appointment. here's what they say about her. the acting attorney general sally yates has betrayed the department of justice by refusing to enforce a legal order design to protect the people of the united states. ms. yates is an obama administration appointee who is weak on borders and very weak on illegal immigration. what's your response? >> i don't know what that means. when she was a prosecutor here in atlanta, she certainly prosecuted immigration cases, unlawful entry cases, illegal harboring cases. she's not a politician. i think a lot of people certainly here in georgia wish that she would become a politician and perhaps run for office after this, but that's not who she is. she's been a career prosecutor. she served both republicans and democrats and done so faithfully and more importantly she served the american people. >> have you talk to her in the past 12 hours? >> i have not, no. >> so you don't know what's next for her and if she's reeling from this crucible that just happened? >> i don't. but she certainly anticipated that she's not going to be serving president trump once senator sessions is confirmed, if he is confirmed. she's a native atlantan. she went to the university of georgia law school. the same law school i went to. she has very strong family ties in this community here. she used to work for one of our large he have law firms. she will have many opportunities and she will have her future open to her whatever she decides to do. >> you brought up senator jeff sessions and there's a very interesting exchange between sally yates and senator sessions. this is from 2015 where he asks her what she would do if she ever found herself in a situation like this under president obama. listen to this. >> if the views the president wants to execute are unlawful, should the attorney general or the deputy attorney general say no? >> senator, i believe that the attorney general or the deputy attorney general has an obligation to follow the law and the constitution and to give their independent legal advice to the president. >> how do you see that exchange now? >> well, that's exactly what she did. i think she gave her honest commitment to senator sessions and the senate when she went for confirmation and she decided that was the principle she was going to stand on. so no one who knows sally yates or anything about her professional working history should be surprised by the decision that she made. she looked at this executive order after the fact unfortunately. i think someone in the white house should have vetted this thing with her and the other senior folks at the justice department before the president decided to sign it. once she saw it, realized the way it was rolled out, not well thought through, legal problems, constitutional problems, she did what she promised she would do and she decided she could not defend it. >> mr. page pate, thank you very much for joining us with your particular perspective on her. >> thank you. >> president trump says the point of the travel ban is to keep americans safe. but that assumes that this ban directly addresses the real threat in our own backyard. that threat is called home grown terror. we give you the facts ahead. y a. for a non-stop, sweet treat goodness, hold on to your tiara kind of day. get 24/7 digestive support, with align. the #1 doctor recommended probiotic brand. now in kids chewables. bp engineers use robotic ultrasound technology, so they can detect and repair corrosion before it ever becomes a problem. because safety is never being satisfied. and always working to be better. because safety is never being satisfied. you might not ever just stand there, looking at it. ♪ i mean you may never even sit in the back seat. mhm that'd be a shame. ♪ (laughs) ♪ ♪ ♪ on a perfect car, then smash it into a tree. your insurance company raises your rates. maybe you should've done more research on them. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. and if you do have an accident, our claims centers are available to assist you 24/7. call for a free quote today. liberty stands with you™. liberty mutual insurance. people confuse but they're different... nice tells you what you want to hear. but kind is honest. this bar is made with cranberries and almonds. so, guess what? we call it cranberry almond. give kind a try. president trump says the travel ban barring immigrants from come into the country will keep you safe and put america first. others believe the real threat to our lives here at home is from homegrown terror, not from that which is imported from abroad. let's talk about the facts with cnn terrorism analyst, phil m mudd, and aaron dillon. what do you see in the order that you do and do not like, mr. mudd? >> this is a disney world order, this is goofy. let me give you a couple angles. if you want to stop people from coming in, this order has two problems with it. we talked about seven countries, and what about saudi arabia and turkey, and what about the foreign fighters go into syria, and what about the european countries that have been the -- >> let's put some meat on the bones of what you are saying. put up the list of countries and the number of fatalities. those are the seven. now put up the fatal attacks on americans in the u.s., zero. and let's put up other countries and who have been the nation of origin and have been killed here. none are on the list, and why? >> because i think one of the reasons, obviously, some of these are close u.s. allies. the other problem we have, chris s. a problem of numbers. i question what is going to happen on the back end of the review of this process. if you put 20 or 30 or 40 countries on the list do you expect for their to be full vetting of the individuals coming in. the president used a broad phrase about vetting. some say are you a member of isis? you have talked to somebody from isis? no. the question is about what somebody thinks, whether there is a radical islamist. >> and aaron david miller, and that's where the president says the answer is a van because you can't vet them and you can't know and we want to keep people safe here and the way to do that is to keep people out? >> bucking up security procedures and vet something warranted. the problem is, i think phil laid it out well. none of the elements of this executive order do that. look at the three categories. no syrian refugees committed terror attacks here. since 1980, i think you may have had one refugee, an iranian involved in a terror attack, i think, in north carolina, and the seven countries, again, a handful of people involved on that list, and afghanistan and pakistan is not on the list, and the trump administration wanted to use the same list that the obama administration identified in 2011, and phil is right, the reality is on the back end of the review, i am not persuaded these restrictions will not be lifted because these seven countries may not be able or willing to provide the degree of vetting the administration has, and deal with it functional, and one more point, homegrown jihad, peter laid it out, hundreds of attempted attacks -- not attacks but involvement in these activities that the fbi has identified. 4 out of every 5 were implicated american citizens or permanent legal residents, and this executive order doesn't deal with that. in fact, it risks, chris, alienating the first and second line of defense against these attacks, which is the prospects of alienating america's 3 million muslims, and you don't want to do that. >> an important point that does not get enough attention so thank you for that. >> there's been a lot of pushback from those that work within muslim communities and are lawmakers here that deal with terror policies saying this ban is going to hurt our efforts at home. is that true? >> i think that's correct. think about book ending this with the kind of situation we had after 9/11, and versus the situation we had today. we were looking at a core al qaeda problem with i was at the cia out of afghanistan and pakistan that was pushing people into the country to conduct attacks. flip that on its head in 2017, and isis is telling people, hey, we will be recruiting you via twitter, and stay home and you never have to touch an isis person or visit syria. how do you find those people? you have to have somebody not in the federal government but somebody saying, hey, my kid is going south. we need to recruit those to pick up the phone and call. >> a great piece you can read on line at cnn.com that the greatest risk to the security operations is stopping homegrown terror trying to hurt us here. i want your take on something else not getting attention. steve bannon, a self described lennonist. >> the reality is i work for half a dozen secretaries of state and a few presidents. knowing what you don't know and being in a hurry to find out is clearly important for a president and the people around him. so what you want at the table, it seems to me, are not ideal kwraugz or politicians, you want people that know what they are talking about. and the joint chiefs of staff have to be there and not on an episodic business, and it undermines and not enhances american foreign policy and security interests. >> is it a red herring, and that's what he puts up, do you think he's just throwing it out there to bait us or is that a real detail about this man that deserves review? >> no, i think he's out there to divert the conversation. let's understand, the american people don't know how profound this decision is. let me explain in a moment why. the president asked the pentagon for options on iraq, and in a typical system, if you are sitting in a leadership position, you want those oppositions vetted by experts, and then you want people from the political side to say which of those options do we think is palatable and pursue, and in this case before it gets to the president it will be filtered through political eyes and i think that's profoundly dangerous for the president to consider, and you want the political guys like mr. bannon can determine how to proceed but you don't want to cut off ideas before they get to the president. >> i can't think of two gentlemen that do better on this issue than you two. thank you for helping us this morning. >> thank you. there's a lot of news. let's get to it. >> the american dream is back. >> he fired acting attorney general because she disagreed with his executive order? >> this would give the democrat -- >> we're not going to wait and react. >> it's an executive order masked as a ban on muslims. >> you don't know when the next threat is coming. >> encouraging people to go into the streets because trump has obstructed american principles. >> mr. president, i am trying to end the war we're in. >> announcer: this is "new day" with chris cuomo and alisyn camero camerota. donald trump has created tension with his party and democrats and several key departments all in just 12 hours. the acting attorney general was just fired for not defending mr. trump's travel and refugee ban, and the trump administration demoting and replacing the acting directing of immigration and customs enforcement, and we call it i.c.e., and there's confusion on how to implement the lingering ban at u.s. airports. >> democrats say as a result of all of this they are ready to challenge the president's nominee. this is day 12 of the trump administration. we have every angle covered for you with jeff and he's live at the white house. >> reporter: i just talked to somebody from the administration, and they said they are trying to keep the nomination secret until then, and no question this white house is consumed by the extraordinary series of events that happened over the last 12 hours or so and it's not just criticism coming from democrats. this white house is also listening to republican criticism that is threatening to consume this young presidency. in an extraordinary move, president trump firing acting attorney general, sally yates, her dismissal coming
pittsburgh. both are favorites among conservatives to fill the seat that was once held by the late justice antonin scalia, who died about a year ago. before that choice has been named, some democrats are already threatening to block this nomination no matter what. they are accusing republicans of stealing the seat because they refused to grant president obama's nominee, merrick garland, a hearing at all. we will examine all of this tonight. in moments, we talked to mike lee, he was also on the president's list of 21 that was released in the summer. we will also be joined by charles krauthammer. first, let's talk to shannon bream, reporting live as she has throughout the day from the steps of the supreme court. shannon, good evening to you. >> hi, martha. as you mentioned, we are down to two federal judges. judge neil gorsuch. he is the one with a sterling resume. you look at him on paper and his friends and supporters say come and practice, as well, he went to columbia, harvard, got her doctorate at oxford. he is very well respected. here is a little bit about his feeling on justice scalia. he was giving a speech last year at case western reserve in cleveland, ohio, and he talked about judicial philosophy, praising justice scalia and fingers. >> as justice scalia said, if you are going to be a good and faithful judge coming up to resign yourself to the fact that you are not always going to like the conclusions you reach. if you like them all the time, you are probably doing something wrong. >> so, he says, you shouldn't be about politics or pleasing family or friends or party or any other particular ideology. you should stick to the facts, the law, make your decision that way. we have another federal judge in the mix, as well. thomas hardiman. he is a personal connection to the term family because he is fifth on the bench of the president's sister on the third circuit. he has a little bit of a different story, went to notre dame and georgetown. the only nonivy league member on the bench. he put himself through college and scholarships. also, by driving a taxi. he also has a very specific judicial philosophy. here's a bit of what he said in 2006, has anna tearing a confirmation with current seat. he said, "our role as judges is to interpret our law, so, with our task is to give an honest construction as to what pass are lost by the legislature. i have no hesitations. any good judge recognizes his or her place in our constitutional government and that places not to upset the will of the people as expressed through their elected representatives." martha committees or boards that ring true and walter conservatives who are excited about both of these picks. they are a little bit worried that they are a bit thin. they feel very excited about these picks. both of them passed the senate back in 2006, 2007, no opposition. that means a lot of the senators who were there then, including top democrats like senate minority leader chuck schumer and diane feinstein, they were okay with him then and they will be voting again on possibly one of these two. we will know soon. >> martha: thank you, shannon. joining me now, constitutional law expert and professor at george washington law school, jonathan turley. welcome. great to have you with us tonight. >> thank you. >> martha: first of all, what you make of this is an evening event, usually, we see these things take place during the day, and we are told that both of these gentlemen are in the white house vicinity. >> the last part of that is not uncommon. there is an aspect of theater to this. presidents don't like the media to get ahead of their speed on a question like this. they often bring in the nominees just to keep people guessing a bit. by doing it in the evening, that is something of a surprise. it drives the media crazy, part of the point here. this is usually something that you do before that final news cycle in the day to allow people to cooperate on evening news. that is obviously not a priority here. the timing is different. so much else is different, as well, and this administration. >> martha: what you think of these two men, jonathan? >> they are very different. not so different in others. gorsuch is an intellectual leader. he fits the bill, for those people who view scalia as the loss of an intellectual icon. gorsuch has that depth of analysis that you see in his opinions. he is a true sense of his jurisprudence. he will come to the court with a very strong record, a very powerful writer, a very considerable intellect. hardiman is very well respected. many people think of him more as a sort of sam alito, very consistent. he is not necessarily viewed as one of the intellectual leaders of the judiciary as a whole but is still viewed as extremely intelligent. he has a wonderful background, he drove a taxi to go through georgetown law. quite frankly, the fact that he is a georgetown law degree is really appealing too many people. we have had a lock out, if of anything but yale and harvard law grads. any nation that leads the world in legal education, that has been very insulting and a little bit embarrassing that we have this exclusion of every other school. they are different and my sense of what you want to get out of them. i think that hardiman is sort of like roberts and a sense. he is sort of, if you are picking the tires are nominees in the show room, he is not reliable, family van for conservatives. he will get you where you need to go, no surprises. gorsuch is more of a roadster. he is the ability to be a powerful intellectual leader on the court. i think hardiman does, too. but gorsuch has been that far so, i think i'm on the appellate court. >> martha: as you look at this, there were 21 people on that list, is there anything on your mind that suggests that maybe he will surprise us tonight? maybe he will pick someone that we are not expecting? >> there is all these rumors swirling around washington right now, which is really -- >> martha: that never happens. [laughter] >> there are rumors he will appoint his sister, who is a colleague of hardiman. hardiman is believed to be an inside candidate because his sister really likes him. it is really, truly machiavelli and in terms of these theories. the fact is that all three of these judges, including pryor, are very well respected. i have a personal attachment to pryor because we clerked together on the fifth circuit. he appears now to be not one of the two front runners. but gorsuch and hardiman are extremely intelligent and well-respected judges. it is going to be hard for democrats to go after them. it sounds like gorsuch has the advantage. >> martha: it sounds like that's what they have in mind. >> he is as close as he could to conservative aristocracy. his mother was a very famous epa administrator, the first woman in that position. she was involved in some of the reagan controversies. he has an absolutely impeccable resume. it will be very hard to attack them. but what i think you want to look for is that first 24-hour period of how this will play. with robert bork, kennedy came right to the floor and started painting him as an extremist. and the mistake at the white house made with bork is that they lets at first 24-hour. that is when attitudes solidified. >> martha: i don't think that is what is going to happen with us white house. i don't think they will add 20 for hours go by if they feel like there is something that needs to be counterattacked. we will watch that. we will talk to a little bit later. thank you so much for being here. jonathan turley, great to see you. >> thank you. >> martha: as we wait this big announcement from the white house, charles krauthammer will join us on the battle that is to come from the pike. senator mike lee also will join us after the break from the white house where he is expected to be with president trump later tonight when that pig is announced. plus, for the first time, secretary john kelly, of homeland security, addressed americans in for year rated by president trump's executive order on travel into the united states from countries that have ties to terror, shedding new light on what it really means for refugees. we will take that on right after this. ♪ ♪ if you have moderate to severe plaque psoriasis isn't it time to let the real you shine through? 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do you believe it is down to hardiman and gorsuch? >> guess, from everything we have heard, it is down to these two judges. judges gorsuch from a tenth circuit and judge hardiman from the third circuit. they are both accomplished jurists in their own right, i look forward to hearing which one will get the nod. >> martha: do you have a favorite? >> i really like judges gorsuch. i have argued in front of him, i'm appellate litigated, it is really what i did before i was a senator. he is the kind of drugs that every lawyer wants to have on his or her panel, this is the kind of judge who reads all the briefs and reads all the cases cited in all of the briefs. he comes to argument completely prepared, knowing exactly what the law says. with that kind of judge, you can proceed with your case with great confidence. >> martha: in terms of the fight that is going to be on everyone's hands from the senate, what do you anticipate? will this be a claris thomas situation? a judges bork situation? we have seen a tremendous amount of pushback, who said, he will only vote for one person, that is merrick garland, who is not an option. >> that is interesting, the fact that they are signaling that before we even have someone named for this position, that is indicative of the fact that we are likely to face opposition. it will be a fight. there is no question about it. i want to be very clear. there is a high degree of resolve among senate republicans to make sure that this nominee gets through. especially, given that we have narrowed down to two names, they are very accomplished jurists. there are no pathologies here that should keep either one of them from serving on the court. we will make sure that this nominee is confirmed. we will fight to make sure that gets done. >> martha: senator, does that mean that you will employ the nuclear auction option if you need to? >> that is not what that means. it means we have various tools at our disposal. there is no reason for us to identify which tools we will have to utilize in advance of the need for utilizing them. we will get this person confirmed. >> martha: when you take a look at the fight, and a lot of people would say, well, basically, republicans at the same thing. no matter who the president puts forward, president obama, you weren't going to have a hearing for that person. they will say turnabout is fair play. >> sure, they will say that. look, martha, there is a very big difference between saying that in an election year, a presidential election year, when you know that by the end of that calendar year, when this vacancy first arose, that we would have our next president chosen. the big difference between saying that to them and saying what the democrats are saying now, and any event, we do have a republican president, we do have a republican senate. that nominee confirmed. >> martha: fascinating to watch. senator, great to talk to you tonight. >> thank you. ♪ >> martha: for the first time, new home on security secretary john kelly, general john kelly,g president trump's controversial new immigration policy. secretary kelly stepped to the podium, as you see they are today, to defend this. he was obviously hiding the department that is involved in writing visitors executive orders. he said it is not a "muslim man." watch this. >> i would like to clarify that the most recent executive order does what it does and does not mean, this is not a travel ban come with us in the temporary clause that allows us to better review the the refugee and visa system. this is not, i repeat, not a ban on muslims. the homeland security mission is to safeguard the american people, our homeland, our values, and religious liberty is one of our most fundamental and treasured values. we knew it was coming from two years ago, when that came down, i think i was in my sixth day on the job. i relied on people, the ones that are standing up here, the hundreds at the headquarters, to say, we have -- this looks weird to us. we are off to the races. >> martha: how did that go over? joining me now on the fall out, a trump supporter, and brian fallon is the former spokesman and clinton campaign national press secretary. brian, let me go to you first on this. a lot of stories whirling around today that there has been some tensions over all of this, how it was rolled out in the white house, people pointing fingers at each other. what did you think? were you convinced by general kelly today? to put your mind at ease at all? >> not really, martha. he essentially had to admit, the secretary did, that he hadn't seen the actual precise language of the executive order. that corresponds with the report that we have seen over the last several days of people within trump's own administration that didn't have the opportunity to review it. it was apparently written by some of the top political advisors within the west wing. you even heard complaints today from paul ryan, the speaker, criticizing the manner in which this was rolled out. they had to adjust some of the aspects of the executive order on the fly. initially they were saying it was going to include green card holders, then, they had to walk that back. i think this all goes to suggest that it was rushed out. it is overly broad. i think there are serious constitutional concerns at issue here. on a practical standpoint, it was incompetence in terms of the rollout. i think that is why you are seeing so much criticism, even from republicans. >> martha: david, clearly, it didn't come across in the way that the president wanted it to. i mean, there was a lot of backlash, and perhaps if it had been rolled out in a better way, it wouldn't have been met with, and some areas, hysteria, over what appears to be a three month pause and allowing people from a certain country, which has been done before. >> wright, martha. there is always going to be speed bumps at the beginning of every administration. what is the reality here, martha? when you want a background check on somebody, you can do their fingerprints, a live scan that shows you the criminal record, shows you their bankruptcies, shows you restraining orders against them. that type of digital infrastructure does not exist in the seven countries. in fact, some of them, honor killings are not an offense, they wouldn't even show up on anything if they did have a background check. we have to be exceptionally careful, the way barack obama was in 2011, when he had a six-month basically moratorium on issuing leases to iraqis. mr. trump will be putting americans first, the safety of americans first. that includes muslim americans, martha. you've got to understand that this is a comprehensive goal that he has had for the last 18 months. maybe there will be some things that offend people. maybe it wasn't technically correct and the way it was implemented. but he is going to get it right. it may be that some people are caught up briefly in this problem. but once it is rolled out, once it is executed in the correct way, it will be perfect. >> martha: let me put it up on the screen what president obama said. two weeks from the inauguration of president trump. we already had some response from president obama. he said "president obama is heartened by the level of engagement taking place in communities across the country. the president fundamentally disagrees with the notion of discriminating against individuals because of their faith or religion." the rest of the story was that he was getting calls from reporters and people were saying, they're so much happening, how could you not weigh in, you have to wait and auntie felt compelled to do so through a spokesperson. i think this is an unprecedented window of time for a former president to start responding to the actions of the white house. what do you think? >> i think that barack obama himself, martha, would not have predicted he would be re-engaging in the public discourse this quickly. but i think of the president probably made a judgment that this issue went too close to the heart of our fundamental values as americans for him to remain silent. >> martha: its not do similar from something he did in 2011. >> there is actually some important distinctions there. if the president were asked that question, he would point to the fact that actually, there was no band during that period in 2011. no monitoring data span where there weren't still iraqi refugees coming into the country. >> yes, there was praise because there was not a ban. no period -- >> martha: we got to go. >> refugees don't rely on visas to come into the country. >> lasted from the syrian emigrants, there were more than 10,000, 99.5% of them were muslim immigrants are refugees, .5% for christians. that is despite the fact that 10% of the country are christians, we talk about discriminating based on religion, that is what it is. >> martha: we will leave it there. brian fallon, thank you very much. david wohl, we will see both next time. they could you, gentlemen. we are watching the white house tonight, as you know, we are waiting for word from president trump on his nominee. there are only eight justices right now, they are supposed to be not come at has been that way for almost a year. charles krauthammer weighs in on what he thinks about the bruising confirmation battle which is expected to follow. also, tonight, democrats employing new and some would argue, less than savory tactics to block three critical trump cabinet nominees. what is the hold up of these individuals? dana loesch and mad by not on that latest plan to take on president trump will make him back. -- when we come back. the highest average earning potential over their professional lifetime. see? uh, it's a girl. congratulations! two of my girls are toms. i work for ally, finances are my thing. you know, i'm gonna go give birth real quick and then we'll talk, ok? nice baby. let's go. here comes tom #5! nothing, stops us from doing right by our customers. ally. do it right. whoo! look out. ally. do it right. withevery late night...g... and moment away... with every click...call...punch... and paycheck... you've earned your medicare. it was a deal that was made long ago, and aarp believes it should be honored. thankfully, president trump does too. 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there should be ashamed of themselves. no wonder d.c. doesn't work." the democrats approved elaine chao. chuck schumer declaring because the white house is suffering a "crisis of confidence." mitch mcconnell fired back, the democrats are fools because they haven't got over the election results. a reversal of february 2010 when president obama cut off john mccain in health care summit. with a less than gracious, "you lost, get over it." >> let me just make this point, john. we are not campaigning anymore. the election is over. >> why your reminded of that every day. >> we can spend the remainder of the time with our respective talking points going back and forth. we were supposed to be talking about insurance. >> economist of the bestseller "the great equalizer" declared today that blocking a new treasury secretary is actually destabilizing the markets. he charts this is causing uncertainty and is getting dangerous. martha appeared to >> martha: fascinating to go back to that sound bite. here with mark, dana loesch is the host of "dana" and matt bennett, former deputy assistant to president clinton. welcome to both of you. good to have you here. >> thanks, martha. >> martha: before you, you look at that moment, it was one of those things that made you catch your breath. an awkward moment in that room. he pressed forward on it. he believed that he won and that that gave him the mandate to move forward. why is it not the same for president trump? >> look, we are not litigating what obama did in 2010. what if we are talking about it with what is going on right now. the fact is we have never seen an opening of an administration anything like what we are seeing with trump. trump, all of the blame for this, really should be laid at the feet of donald trump. he is completely mishandling -- >> martha: he is doing exactly what he said he was going to do as a candidate. he won 306 electoral votes, now, he is going on that list and doing those things. what is so shocking about that, matt? >> this is not about whether or not he is the president. everybody and congress acknowledges that donald trump is the dash won the election and is the president. the question is, is he running roughshod over congress? the executive orders that he issued in the last few days, including the travel ban, or so outside the mainstream, even republicans were shocked by the. democrats who came in that were skeptical but willing to listen, they move the move the initial nominees through -- >> martha: what we are talking about here is approving the nominees, we just saw the room, which was half empty. i want to play something from senator orrin hatch then, i want to get dana's thoughts. >> we need to stop posturing and acting like idiots. stop holding news conferences and come here and express yourself here. and then, vote, one way or the other. i would like to see somebody with courage on that other side. >> martha: dana, your thoughts? >> i actually do think, martha, what former president barack obama did mattered. i love the quote that he said. rumor this one? "elections have consequences and a soda november 8th." the people voted, they made their voice known. they gave this new administration a mandate, i realize that it is difficult for people to see a president to go to work and accomplish something that first week of office and set up go to cocktail parties and never ending balls. if we are seeing here is actually the will of the people being done. we are seeing business being done. it is incredibly unfortunate that we have a political party in congress right now that wants to play petty politics with the lives of americans and tried to hold up every single nomination. i will tell you this, martha, democrats probably want to reevaluate that tactic of blocking everyone. you know that joe biden, he invented the hardball that democrats are playing right now. they have midterms coming up. it is going to be quite a fight if they want to retain a semblance and this. >> martha: at some point, matt, democrats will be accused, by democrats, of not pegging their battles correctly here. >> first of all, let's rumor that mitch mcconnell said, after barack obama was reelected, that it was his job to make sure that barack obama couldn't do anything. >> martha: that really bother democrats. something that you are a big fan of now. >> also, let me point out another thing that bothered us. president obama nominated a supreme court justice last february. you pointed this out earlier. mcconnell sat on it for almost a year. >> martha: give what you get? that is the philosophy? >> i think there is a little bit of payback. but mostly, this is about the way that trump is conducting himself over the last few days. it is about the eos and the way that he has opened his presence. >> martha: i really think at one point the american people look at this and they sort of agree with orrin hatch. you know what, enough. get in the room, do your job, sit down at the table, and let's vote on these things. we will see. we are out of time. thank you very much. matt bennett and dana loesch. still ahead tonight, as we wait president trump spec to replace judge antonin scalia and his vacant supreme court seat, we have got some new details tonight and what could happen after the pick, senator ted cruz is signaling that he is willing to give the so-called nuclear option on the table. we'll explain that coming up. coming up next. plus, charles krauthammer to tell us why the fight could be "bilotti and quite enjoyable" and his words. when we come back. >> would you want to make mcconnell to use the nuclear option? oh, yes, i wonder. >> you what? >> we have obstructionists. for deep penetrating relief at the source. aleve direct therapy. 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he is, it is probably the press coming up from the white house briefing room, as they gather to go in for the decision. so, that would appear that we may be getting pretty close. 8:02 is when we expect we will get this announcement from president trump this evening. he will tell us his choice for the supreme court. even without a name offered, there is already quite a bit of drama on capitol hill about what will happen next. with some republicans signaling that they may be okay with this so-called nuclear option democrats decide to filibuster this judge. trace gallagher explains all of that for us. hey, trees. >> hey, arthur. a quote, stolen seat, referring to when they chose not to hold a hearing for merrick garland. so, this time around, oregon democratic senator jeff berkley has promised to filibuster a fight, meaning trump's nominee would need 60 votes to be confirmed by the senate. it would also mark only the second time in history the senate has mounted a filibuster against a high court to pick. in 2006, democrats, including then senator barack obama, tried and failed to block the confirmation of samuel alito. texas senator ted cruz said, if the democrats this time plan to block president trump's nominee, then, republicans should use this so-called nuclear option. that is where the senate can change the rules, allowing the supreme court nominee to be confirmed with only 51 votes. senate majority leader mitch mcconnell is reportedly against changing their rules. but he also guaranteed that trump's nominee will be confirmed. remember in 2013, then senate majority leader harry reid upended nearly 40 years of precedent by using the nuclear option to eliminate the filibuster of our president obama's federal and circuit court nominees. this was harry reid's argument at the time, followed by mitch mcconnell's warning. watch. >> the senates is a living thin thing. to survive, it must change, as it have. over the history of this great country. to the average american, adapting the rules to make us on at work again is just common sense. >> if you want to play games, set yet another president, that he will no doubt come to regret, i will say to my friends on the other side of the aisle, you will regret this, and you may regret it a lot sooner than you will think. >> it is sooner than democrats thought. in fact, in october, when democrats expected to win both the senate and the white house, he reread again threatened to use the nuclear option, ending filibusters for supreme court nominees. martha. >> martha: wow. joining me now, marc thiessen, former chief speechwriter for george w. bush. he said mr. trump should go nuclear on his supreme court pick. the president of the alliance for justice, a progressive group who will fight president trump's nomination to the supreme court. welcome to both of you, as we watch the press filing in here and we get ready for this exciting announcement, no matter on which side of the i'll use it. we watch all of this unfold. you look at that, that back and forth with harry reid, and be concerned about using the nuclear option. mitch mcconnell saying, it could be on the other foot. of course, at that point, nobody thought we would have a republican president. you know, it seems like this was set up by your side. >> i think it's important, first, to remember that we are confirming a supreme court justice, not for four years, not for eight years, but for a lifetime appointment. i think it is too early to talk about nuclear options, filibusters. >> martha: why are democrats already talking about rejecting this person no matter who it is? >> there is only one senator who stepped out and mentioned filibusters. i think senator merkley is just expressing the anguish felt by democrats over the mistreatment of merrick garland. but that was then. now is now. we will all be focused on the next denomination. >> martha: you are saying, one of these two individuals, hardiman or gorsuch, at this point, perhaps one or both of them is acceptable to democrats? >> based on the research, alliance for justice has done, neither is acceptable. in fact, no one on that list of 21 names is acceptable. >> martha: they were improved 95-0 when they went through. some of these same senators, what a dramatic transformation happened to these individual since a few years ago when they were approved, nan? >> going to the supreme court is a very different question. >> martha: i guess they didn't do the research and they weren't paying attention the last time around? >> the research was done but everybody needs to look anew. after all, they have been on the bench now for about ten years. there is now a record to review. >> martha: mark, i want to bring you in before we have to run. what do you think? you are listening to what nan has to say, your thoughts? >> first of all, it is not just one senator, does chuck schumer, the minority leader, who said that anyone on trump's list of 21 judges, we will hold that seat open. they don't have the power to hold that seat open. they set a precedent. nan said this is a lifetime appointment. you know what they did in 2013? they got rid of the filibuster for light that mike lifetime to the federal bench. the reason i did that is that they wanted to stack the nation's second highest court, the d.c. circuit come with liberal judges. they succeeded in doing that. now, there say, oh, please, don't use the nuclear options on the nation's highest court. if the republicans do that, it will only be because of the intransigence of the democrats saying they will oppose it before they knew who he edits. it is using the president that they set in 2013 for lifetime appointments to the federal bench. if it is good enough for the nation second highest court, wise and good enough for the highest court? >> martha: i need a "yes" or no. are we had appointed as a nation that we are so divided that the nuclear option as the only way that anything will get done and if the you are in power and you got elected into power, you are going to get your people through? nan, quickly. >> the only way we'll get a nominee confirmed is if that nominee is a person who will support court constitutional values, who will recognize the progress that has been made and workers rights, the environment, consumer, women's production, and is willing to go forward, not go backward. >> martha: marc, very quick thought. >> donald trump is not going to up to mike appoint a liberal. the reality is, the democrats have been in charge last year, merrick garland was appointed, nan would've been the first one's income but we should use the nuclear option to put them on the court. so, we might as well go ahead and do it. whoever donald trump nominates today is going to be on the supreme court no matter what nan of the democrats say. >> martha: the senator said we have a lot of tools at our disposal. nan, thank you very much. marc thiessen, great to have you with us. you are watching this scene here, getting exciting. donald trump junior in the room of the east room. we haven't seen him at the white house. eric trump is also there. walking in. donald trump is about to make a very big decision, the president is. one of his campaign promises was a conservative judge to fill justice antonin scalia's vacant spot. charles krauthammer here with his final thoughts on who president trump will pick and how this is going to go when we come back. when you have a digital notebook to capture investing ideas that instantly gives you stock prices, earnings, and dividends... an equity summary score that consolidates the stock ratings of top analysts into a single score... and $7.95 online u.s. equity trades, lower than td ameritrade, schwab, and e-trade, you realize the smartest investing idea isn't just what you invest in, but who you invest with. ♪ >> martha: moments away from president trump stepping into the east room to announce his pick for supreme court justice. john roberts standing by inside the east room tonight. in the center of the action. john, talus. pico martha, good evening. let's take a look around the east room. we have got all sorts of the dignitaries stopped at the white house, eric and don, jr., over there. we have all of the senators who will be involved in the confirmation process here. a lot of other invited guests, as welcome as we anticipate president trump's first nomination to the supreme court. my text message is starting to buzz, buzz, buzz, people saying it is gorsuch, gorsuch, gorsuch. we have not gotten not official yet from any white house source but people on the periphery certainly starting to talk about it. it definitely looked like he was the number-one pick between the two of them. now, it was neil gorsuch for the tenth circuit in denver or thomas hardiman from the third circuit. hardiman, a lot of people like them because they thought he would be in easy confirmation. allow the atomic a lot of the democrats voted for him in 2007, martha, they are still in the center. a number of them are up for reelection in 2018 and states that donald trump won. they thought if we put forward hardiman, these people will likely have to vote for him to confirm him because they voted for him some number of years ago and they don't want to upset people in those states when they are seeking reelection. but it is looking, at this point, again, this is just what we are picking up on the periphery, that the strong lean is toward neil gorsuch. we will find out here very soon, martha, what the president's pick is going to be. oh, maybe nine or 10 minutes away in the east room. >> martha: room filling up. lots of excitement. thank you so much. we are just moments away, as john said, the president will unveil, rudy giuliani and the room now. he will unveil his pick for supreme court to fill the spot of antonin scalia, who passed away about a year ago. as john just said, judge neil gorsuch and judge thomas hardiman from the u.s. court of appeals for the third circuit, that is denver and pittsburgh, respectively, are said to be the top picks. joining us now with his thoughts on the choices before president trump gets out there to speak, charles krauthammer. fox news contributor. charles, what is on your mind? what are your thoughts as we wait for this moment? >> we are down to a choice that for conservatives is a very good one. i think either one would please conservatives. i think just about anybody on the initial list of 21 possible supreme court choices was reassuring. it certainly helped trump to get reelected -- to get elected. i think that really made an impression. large number of people in the exit polls and said that the choice of supreme court was extremely important for them and the ones who did generally voted for trump. i think either one would be very pleasing. gorsuch, if that is the choice, it will be a particularly welcome one. >> martha: he will have the moment tonight where everyone in the white house is happy and clapping. as you say, conservatives will be pleased with the choice. you know and i know that tomorrow, this battle is going to begin. characterize what you think this like for us. will there be like clarence thomas all over again? >> the democrats are not going to wait until tomorrow. the muskets are going to start to fire within minutes on tweets and elsewhere, the bombs bursting in air. the democrats will be right out of the gate. they probably have prepared all of their talking points. on the personal attacks before even knowing who the choice is going to be. i think they are ready. they have their playbook. extremist, not in the mainstream, he is not sensitive to the constitution, misogynist, not sensitive to women's rights, civil rights, et cetera. that is all prepared, it is not ready to go. it is a fill in the blanks assault and it will start right away. and it will fail. >> martha: we are watching us live shot now. you see donald trump's sons, eric and don, jr. we just saw brad pascal, the brains behind the data machine that propelled the trump campaign to victory in many ways, telling them what counties you need to be in. so, this president, as you pointed out, charles, is where he is tonight, at least in part, because many people look to the equation between a clinton presidency and a trump presidency, and said, i want a more conservative supreme court pick. as you pointed out, this was a very important element for them. so, how that impacts the democrats if they go tooth and nail on this, do you expect that we will see a nuclear option or one of the other tools that senator mike lee put it to me earlier? >> well, if the democrats decide to filibuster, there will be a nuclear option. i guarantee it. mitch mcconnell is not going to allow this nomination to go down. now, perhaps, the democrats will decide that a filibuster in this case is not worth it. after all, it is a 1 for 1 substitution for scalia. they want to hold their powder for the next one, which could be the replacement for a liberal, a democrat on the court. in which case, it would shift the balance of power dramatically for decades. and that could be the one which they want to have a massive fight. but i don't see any way that mcconnell will back down on this. after all, he stood up to a lot of heavy incoming fire by holding up the merrick garland nomination, which i think was exactly the right move. he held it up against all conventional wisdom, against liberal opinion, media opinion, obstructionists, he took all of the slings and arrows. he turned out to be right. the people got to choose supreme court nomination was high on the agenda of the voters. they are getting to choose through donald trump. so, i don't see him allowing any of these to fail. it is up to the democrats, to chuck schumer, to decide if he wants to go to the nuclear option or not. and the beauty of it, sort of the pleasing part for conservatives, like me, is the poetic justice of the fact that it was the democrats when they had the majority, it was harry reid who changed four decades of custom to abolish the filibuster for judicial nominations below the supreme court. once he had done that, ripped up the principal, ripped up the norm, abandoned a precedent, there is no reason in the world why republicans shouldn't and won't do the same if the filibuster is threatening to hold up a republican nominee for supreme court. >> martha: you make a great point, charles. in many ways, this is potentially the first of two picks that donald trump will make. there is a lot of strategy involved in that. for the democrats and for the republicans, in terms of shifting the balance of power in the supreme court. so, this pick, as you point out, is 1 for 1. it's a conservative replacement for antonin scalia for the next time around, it could be ginsberg or breyer or kennedy. that's another possibility. some people believe that he has suggested that perhaps he would consider retiring. that is a big question. it's a two party story, is it not? >> conservatives have to generally wait for republican administrations. they are near retirement. if they don't want to see their seat swing over to the other side. if the same with liberal justices. i think many liberals are rather upset with ruth bader ginsburg, who is now, i believe, 83, for not having stepped down when they had a democratic in the house. >> martha: charles, thank you very much. we want to go to shannon bream, who is standing by. she's been covering the story from the steps of the supreme court throughout the day. she and then, your thoughts, as we are minutes away, we believe, from this announcement. >> martha, if we do get judge of neil gorsuch as a nominee, it is going to be a home run for conservatives. he is somebody who would he was attending columbia in the 1980s, he started cofounded a paper called "the fed," supposed to push back what he viewed as the pc feeling on-campus, the culture there. he is somebody who has a strong conservative conventional's, routes that run very deep. his mother was the first female head of the epa during the reagan administration. those close to him say that shee remembers the battles that she took on. he knows of this confirmation will be about. he has talked about how confirmations have become so political and they have become blood to sport almost. if he is a nominee, he knows what he is walking into. he is somebody almost, in addition, having clerked here at the supreme court. he worked in the department of justice. he is well known by people and the bush 43 administration for his work in the doj. he is not an unknown entity. he has had years on the bench. he has got a lot of opinions out there, people have been able to look at is paper trail. he has that sterling credential of columbia harvard and oxford. you have judge hardiman as the other top contender. we are told that he went to an order tame and draw a child, drove a taxi to put himself through school. he is a personal connection to the president, he serves on the same bench as the president's sister, a judge in the third circuit. he also is a strong conservative credentials. he has talked about how judges, it is not their place ever to answer their own politics or feelings, you stick to the fact, the law, that is what conservatives like to hear. we will know and minutes, martha. >> martha: we will. shannon, thank you so much. we will be watching this throughout the course of the evening, of course. president trump are back to walk down that red carpeted hallway and make his announcement for the supreme court pick. it's a big moment for him, to be sure. do something that he and his team have put quite a bit of thought into antonin scalia's seat has had open for nearly a year now. the announcement just moments away. bill o'reilly coming up next. ♪ ♪ >> bill: hi, i am bill o'reilly, reporting from los angeles. thanks for watching us tonight. you are looking at a live picture from the white house, we where just moments from now, president trump will announce his supreme court selection. the present and the proposed justice within speak for a few moments. we will bring you everything life as it happens and then, have analysis with our fox news team. and the reason that this is so important is because the shape of the country will be decided by the supreme court
the age of 80 ♪ you're gonna make it after all ♪ because i'm gonna make this place your only steve: i think mary tyler moore was the gratsd sitcom store who ever lived. ainsley: why do you think that? brian: if you combine dick van dyke show with that show it's unbelievable. steve: probably before you were born when the show was on in the 1970s. and everybody either wanted to be her or to work in a newsroom like that because it walls so cool and so much fun. brian: or be ted baxter. >> steve: steve nobody wanted to be ted baxter but everybody loved ted baxter. he was the anchorman, ainsley. ainsley: i got it. brian: the thing about that show like cheers, it was historical but it had heart. you cared about the characters. now when you watch modern family. you say it's funny, friends, you say it's funny. you don't care about those people. i actually thought i knew those people. ainsley: she grew up in brooklyn apparently had a rough life. lost a sister and lost a son and then checked herself in to betty ford after that who wouldn't? could you imagine going through that? married three times. i knew her because my mother has diabetes. she was a trailblazer in diabetic research and we'll always be greatful for that. brian: later in the show i will link al franken and mary tyler moore in my own personal story. that's something to tease. steve: can i hardly wait. she was actually on fox news channel one day. she came up to me. i had grown up watching her and she knew my name and said she watched that show. ainsley: that's when it hits you that you are in living rooms all around the world every morning. steve: mary tyler moore, rest in peace. we love you. meanwhile, let's talk about this. it's refreshing that a politician actually keeps his promises. donald trump has had a busy three days. yesterday he said he was going do build a wall. he is also going to green light the keystone. ease the burden of the affordable care act and withdrawn from tpp. it's only day three. ainsley: he was sitting down with one the networks yesterday in the white house. first network interview since he was president. he was talking about what it takes to keep america safe and what he is going to allow. brian: if you want to interrogate a would be terrorist you have to use army field manual. a lot of people, including me, think it's -- a lot of people who do this for a living think it's not enough especially if you have time sensitive information get intelligence out. sure enough, the anchor at abc asked that question. >> mr. president, you told me during one of the debates that you would bring backwater boarding and a hell of a lot worse. >> i want to keep our country safe. -want to keep our country safe. >> what does that mean? >> when they are chopping off the heads of our people and other people, when they are chopping off the heads of people because they happen to be christian in the middle east, when isis is doing things that nobody has ever heard of since mid evil times would i feel strongly about waterboarding? as far as i'm concerned, we have to fight fire with fire. i have spoken as recently as 24 hours ago with people at the highest level of intelligence and i asked them the question, does it work? does torture work? and the answer was yes, absolutely. i will rely on pompeo and mattis and my group. and if they don't want to do it, that's fine. if they do want to do then i will work for that end. i want to do everything within the bounds of what you're allowed to do legally. but i do feel it works? absolutely i feel it works. >> so you would be okay with it as president? >> no. i will rely on general mattis and i am going to rely on those two people and others. and if they don't want to do it, it's 100 percent okay with me. do i think it works? absolutely. steve: here's the thing about donald trump, i don't know if you have noticed, he is not a p.c. guy. he will do anything in his power to keep us safe. he said he would ask people at the highest level of the intelligence community. evidence has asked them, does torture work, they have told him, according to this, yes. absolutely it works. brian: i would actually wrestle with this word. it is enhanced interrogation. nobody is for torture. it's how you define what it takes to get the most out of a terrorist quickly noord to make sure nothing blows up at times square or serious tower. jim mitchell wrote a book about it. he was contracted by the cia to come up with enhanced interrogation practices including sheikh mohammed and the worst of the worst. he chronicles in his book we don't get bin laden without it and half of these guys don't understand what al qaeda is without it. here is jim mitchell. >> i think we do have to look at the techniques and determine what is working. and i'm telling you, there is a handful of people out there who are the worst of the worst who are highly committed to their cause, who have some catastrophic attack in mind who are not going to pony up and volunteer information so we can doesn't have those attacks. in my mind it makes perfect sense that the president would ask his intel folks to revisit that. >> jim michigan they will last night went on to say that in some cases sleep deprivation works. that's the tail end. they don't do the waterboarding until the end. sleep deprivation is not torturing anyone. who wants to go without sleep. these guys get delirious and start talking. you give them beer and cigarettes. they like that. that will get them to talk. every situation is different. brian: that is against geneva conventions you can't give someone something to allow them to get drunk. ainsley: donald trump is saying i doo whatever it takes but i will leave it up to the people in charge. the generals i have on my cabinet. steve: i think that was a mattis answer he was asked during the committee hearings do you think the waterboarding works he said i would rather give somebody a pacific cigarettes and a beer. ainsley: isn't it about keeping americans safe or about keeping america safe? brian: adam kinzinger said this yesterday. is he still in the military in the reserves. to rule out anything because you never know what situation may arise and hundreds of thousands of lives at risk that is a reasonable approach to this. that's the way we should be approaching. this last year when barack obama took over the first thing he did when he went to the cia his attorney general said we are going to prosecute the cia agents who perform this enhanced interrogation and then all hell broke loose. steve: it shows what donald trump is doing. he has got every card on the table. ainsley: we want to know what you think write us in because we are going to share comments later in the show. friends@foxnews.com. steve: we want to hear what you think. meanwhile the president made it very clear we are going to build that wall and mexico is going to pay for it no, really, mexico, you are going to pay for it. here's the president. >> are you going to direct u.s. funds to pay for this wall? will american taxpayers pay for the wall? >> ultimately it will come out of what's happening with mexico. we're going to be starting those negotiations relatively soon. and we will be in a form reimbursed by mexico. >> so they will pay us back? >> yes, absolutely, 100 percent. >> so the american taxpayer will pay for the wall at first. >> all it is we will be reimbursed for a later date whatever transaction we make from mexico. >> mexico's president said in recent days saying it will absolutely not pay it goes against our dignity as a country and mexicans. >> he has to say that. but i'm just telling you there will be a payment, it will be a form. perhaps a complicated form, and have you to understand what i'm doing is good for the united states. it's also going to be good for mexico. >> when does construction begin? >> as soon as we can. as soon as we can physically do it. >> months? >> i would say in months, yeah. i would say in months. certainly planning starting immediately. steve: great. brian: they roughly say it's going to cost about $20 billion to put this wall together. george bush build 460 miles of the wall of a cost of 1.2. go to triple fencing and go to a wall, it's going to cost more than that the question is how much money will you save when the flood of immigrants stop coming nansd stop draining arizona, texas, new mexico. steve: we're not paying for it anyway. ainsley: senior official who works with the president of mexico. he is supposed to come here on january 31st next week. the senior official is saying he is thinking about maybe canceling his trip because they don't want to pay for it they are not in favor of the wall. steve: simultaneously the white house is saying oh really we are thinking about not having that either. forget about mexico saying they are not going we are thinking about coons selling the whole thing. former president of mexico vicente fox who has twitter as well. ainsley: you know what he thinkthinks about the wall. steve: sean spicer i told donald trump and now i will tell you mention co-is not going to pay for that word starts with an f wall. and then he invented the #blank that wall. poo. ainsley: exclusive interview tonight at 10:00. have you to watch that and we'll be talking about it tomorrow morning, too. steve: it will be great. 6:10 in new york city. thanks for joining us. we have news. heather: one thing the president will ask the president about is the violence in chicago and that begins our first story. breaking overnight, six people shot in chicago at a vigil for a shooting victim. all the victims will survive. a child was grazed in the head by a bullet. 13 people have been shot in chicago in the last 24 hours alone. the president tweeting mayor rahm emanuel this week saying, quote, if chicago doesn't fix the horrible carnage he will send in the feds. emanuel says he will accept national help but not from the national guard. what a tragedy six shot at a vigil there also breaking overnight two, deputies shot in a dramatic shootout in a shopping center packed with people. string of robberies along the tennessee mississippi border when they came on the man. opening fire. hitting both deputies. officers shooting back leaving that suspect dead. the sheriff now putting all criminals here on notice. here is what he said. >> what it means that the county is fixing to buckle down. if you come here and commit a crime, we're going to get you. okay? that's our statement. we're going to make sure that you don't come back to desoto toe county. heather: one deputy released from the hospital and one still in but is going to be okay. happening now, massive apartment fire. look at this from seattle. the entire building turning into inferno. she the flames shoot out of the roof and through the windows. it was still under construction so fortunately no one was living there at the time. 150 people living nearby forced out of their homes. two firefighters were hurt but expected to be okay. also happening overnight, police in hot pursuit of a man who thinks he can outrun the police. california of course. freeway until he dumps his passenger and then this happened. >> whoa, whoa, whoa. whoa. there it is. he's out. >> wow, police eventually making the arrest. not clear why he tried to stop the driver. fortunately no one was hurt. and those are your headlines. in l.a. they like a good car chase. ainsley: o.j. comes to mind. heather: regular occurrence. i used to live there they would blow out the evening coverage to cover a live car chase people loved to watch. he. steve: bad guy always gets caught. straight ahead on this thursday, president trump following through on a major campaign promise making sure no other american parent loses a child because of our weak borders. >> laura wilkerson who lost her 17-year-old son. beautiful josh. josh was special. >> steve: laura's son was murdered by illegal immigrant. her reaction to the latest executive orders coming up next. ainsley: madeleine albright planning to protest our president in a very controversial way. what she is planning to do coming up. ♪ the gig is up ♪ the news is out ♪ they finally found me ♪ the renegade ♪ who had it made ♪ "when the ship comes in" by the hollies ♪ oh the fishes will laugh as they swim out of the path ♪ ♪ and the seagulls they'll be smilin ♪ ♪ and the rocks on the sand it's so peaceful out here. yeah. introducing the new turbocharged volkswagen alltrack with 4motion® all-wheel drive. soon to be everywhere. tomorrow's the day besides video games. every day is a gift. especially for people with heart failure. but today there's entresto... a breakthrough medicine that can help make more tomorrows possible. tomorrow, i want to see teddy bait his first hook. in the largest heart failure study ever, entresto was proven to help more people stay alive and out of the hospital than a leading heart failure medicine. women who are pregnant must not take entresto. it can cause harm or death to an unborn baby. don't take entresto with an ace inhibitor or aliskiren. if you've had angioedema while taking an ace or arb medicine, don't take entresto. the most serious side effects are angioedema, low blood pressure, kidney problems, or high potassium in your blood. tomorrow, i'm gonna step out with my favorite girl. ask your doctor about entresto. and help make the gift of tomorrow possible. i mwell, what are youe to take care odoing tomorrow -10am? staff meeting. noon? eating. 3:45? uh, compliance training. 6:30? sam's baseball practice. 8:30? tai chi. yeah, so sounds relaxing. alright, 9:53? i usually make their lunches then, and i have a little vegan so wow, you are busy. wouldn't it be great if you had investments that worked as hard as you do? yeah. introducing essential portfolios. the automated investing solution that lets you focus on your life. e. >> laura wilkerson who lost her 17-year-old son, beautiful josh. josh was special. where's laura? good. [ applause ] laura, thank you, laura. steve: josh's mother, laura wilkerson joins us now with her thoughts on president trump's executive order yesterday tightening the immigration laws here in the united states of america. laura, thank you very much. how much did it mean to you that donald trump yesterday with executive orders says we are going to do our best to tighten the immigration cities and build the wall what does it mean to the wilkerson family. >> it means everything. he told us lots of times this is what he would do and i believed him. this was the start to it. now the work begins. there may be a process in it but absolutely yesterday was a fantastic day for our families and some families like my own. steve: we have heard so many stories about illegals who have -- they have made it clear that the first illegals that they want to get out of the country are those who have violent criminal records. there are so many illegals in this country illegally and that's one of the reasons why your son is -- was killed, was murdered back in 2010. can you tell us -- i know it's painful. but can you tell us what happened to your son josh? >> yes. josh went to school one day and there was a classmate there. and he asked joshua for a ride home. joshua gave it to him. unbeknownst to us he was about to face a criminal charge in a court law. and we believe he went to scrap joshua's truck for money. he got josh to his parent's house and then he beat him, hit him in the head with a closet rod so hard that it broke into four pieces. he strangled him over and over again until death. and then he tied him up like an animal and set him in a field and set his body on fire. steve: unbelievable. we're so sorry for your loss. >> thank you. steve: i know you have been able to talk to donald trump and have you appeared at a number of his campaign rallies along with some of the other angel moms and he's on board with your mission. but would you for a moment, laura, just explain to people who don't quite understand why it is important to crack down on illegal immigration in this country, why it is important for families like yours and theirs? >> you know, it's the most horrific loss that you can suffer and when you find out that extra layer of that that somebody who shouldn't have been in this country. now we're going to pay for him to live here and then he will be deported hopefully. if we don't build that wall, he will be right back in to do it again. if is he invited to a sanctuary city do you want him to come live next door to you? that's what i would ask every mayor that wants sanctuary cities. do you want him to come live next door to you. steve: i know the president talked to you after his comments, what did he say? >> he just said your kids won't be forgotten. he always remember's joshua's name. he is just a fine man. you can tell he has a heart. you can tell he loves america. he always remembers our kids' names. he has taken so much time to sit with us and hear our pains. it's been really a relief for of the family. steve: the family got good news in what he announced yesterday. thank you for joining us today from our nation's capital. >> thank you for having me. steve: what do you think about this? friends@foxnews.com. they destroyed cars and break windows. should we start suing protesters for the cost of the police? oh, haven't thought about that? we have. that's next. ♪ the suv that dares to go beyond utility. this is the pursuit of perfection. bp engineers use underwater robots, so they can keep watch over operations below the sea, even from thousands of feet above. because safety is never being satisfied. and always working to be better. ainsley: breaking overnight actor shia labeouf caught on camera getting arrested at his own anti-trump protest. police saleh buff ripped off a man's scarf and pushed him to the ground in new york city. live actor live streaming these protests 24 hours a day since trump began president. brand new details about this missing realtor found on a freeway in california. she was missing for three days. her mom thinks that she lost her phone at a park. then got lost and started walking when her car ran out of gas. brian? brian: maybe we could ask her. meanwhile they destroy cars, smash windows and throw punches at cops. so, should we start suing the protesters for cost of their unruly behavior. owe pushing a bill to crack down on the protests that have shut down highways, cost taxpayers millions of dollars by forcing convicted demonstrators to pay back police. how about that in the state rep behind the bill is nic, and he joins us now. so, representative, what really prompted this? i understand you found out the story of a woman trying to get to the mayo clinic and she couldn't because of these protests. >> exactly. i heard from a woman who has very ill and couldn't get answers and had appointment for the mayo clinic. it was three months out. on the morning of her appointment as she tried to drive through minneapolis, a grouch protesters decided that their first amendment rights, which i don't think exist on the middle of a freeway trump her right to move freely. so they blocked the road for hours. she missed her appointment. when she called the mayo clinic, she was told that she could get back in for another appointment. in another three months. brian brian when you do with these people convicted they go to jail. they are also going to get an invoice of how much it costs people. you are saying don't protest but do it in a way in which does not inflect damage, correct? it seems logical. >> hey, this bill will only impact you. you have to be convicted of a crime before this bill ever impacts you. so you have to be a criminal. brian: right. >> you should have to pay for your riot. brian: you say the governor is no friend of law enforcement. one of the critics of the bill says this is a crackdown on -- this is a crackdown on the motivation behind the bill is to silence and instill fear and let's be clear this impacts people in the safety minnesota who are black and brown. >> that's just not true. it couldn't be further from the truth. the data all shows that the arrests have not skewed to one demographic or another. we have spent over $2.5 million on police, overtime coasts on these protests either camped outside the governor's mansion or camped outside a police precinct or shut down a freeway. $2.5 million wasted. i think those people ought to go to jail and when they get out of jail, they ought to be given a bill for the cost of their riot. brian: not one democrat signed on yet. one said too vegas. congressman nic zerwas thank you very much. he has 30 republicans. >> thank you so much. brian: what's it like to have new codes at your fingertips. >> i'm confident i will do the right thing and the right job but it's a very, very scary thing. brian: president's first interview after taking office next. madeleine albright said she is ready to register as a muslim. we will tell you why. first as a happy note happy birthday to eddie van halen 62 today. is he really good at the guitar and his brother plays the drumsz. ♪ jump ♪ go ahead and jump ♪ jump ♪ an equity summary score that consolidates the stock ratings of top analysts into a single score... and $7.95 online u.s. equity trades, lower than td ameritrade, schwab, and e-trade, you realize the smartest investing idea isn't just what you invest in, but who you invest with. ♪ don't let the food you eat during the day haunt you at night. nexium 24hr... shuts down your stomach's active acid pumps... to stop the burn of frequent heartburn... all day and night. have we seen them before? banish the burn with nexium 24hr. if time is infinite, why is ta john deere 1 family tractor can give you more time for what you love. because with our quick-attach features, it takes less work to do more work. nothing runs like a deere. >> trump is trying to get down to business though. in fact he met with the ceos of general meters, ford and chrysler to convince them to make more cars in the u.s. [ applause ] the idea for a new car the really really smart car, smarter than you ever believe that i can tell you. that i can tell you. steve: we can all use a smart car. ainsley: went to wharton school of business. steve: from smart cars to smart phones the president of the united states is on his phone this morning a couple of minutes ago. he tweeted ungrateful traitor chelsea manning who never should have been released from prison is now calling president obama a weak leader. that's terrible. of course what is he referring to is the fact that after president obama commuted chelsea manning's sentence she said that president obama had few permanent achievements as president of the united states. was very disappointed and called for unapologetic liberal resistance to the new president donald trump. brian: if you ever say to yourself i feel bad, let him her her out of prison after seven years. steve: her. brian: look at what damage manning did to this country and the fact that she has that attitude is so disgusting. i hope donald trump when senator sessions becomes attorney general sessions find out if we can lock him up before may. keep him in prison. ainsley: for letting chelsea manning out of president. the president has a lot of power. it's not about pomp and circumstance and wearing the pretty ball gowns. brian: he would not wear a ball gown. ainsley: well his wife and what they're wearing. decisions they have to make commander-in-chief over the military. they have their hands on the nuclear codes and last night president obama, on another network, an interview was aired and he talked about what it was like whether he had that sobering moment of getting the nuclear codes. listen to this. >> when they explain what it represents and the kind of destruction that you are talking about, it is a very sobering moment, yes. it's very, very scary in a sense. it's confidence that i will do the right thing and right job. but it's very, scary thing. steve: can you just imagine? we mentioned last week that for a couple of weeks or a month during the clinton administration bill clinton actually lost the nuclear codes. just couldn't find them. ainsley: lost them. steve: just lost them. apparently found them or got new ones. now, that's scary. ainsley: he is obviously very confident too he says when i'm in that situation, god forbid i am, i know i will make the right decision. brian: even donald trump's greatest critic, no one could say he doesn't perform well under pressure and doesn't welcome massive responsibility and have a lot of confidence in himself. he is the definition of leadership. if you don't like his leadership don't vote for him. you kant say he doesn't lead and want that power. steve: he has been in the white house since friday answered was asked by a reporter what he really likes about the white house. he says the white house is really elegant and, you know what he loves he? loaves the phones. he says they have beautiful phones. these are the super encrypted phones. they're beautiful answered loves the fact that there are all these board rooms. keep in mind is he a ceo. i have got all these board rooms we can have meetings. in how great is that? brian: just so happens they name them after presidents. the other thing that's interesting is he still has his android phone and the secret service is like should we let him keep that? because you can hack into that android phone. steve: it's easy. i could hack into his phone if i knew how to. brian: absolutely. ainsley: he said he i got to choose the furniture for the oval office and carpet for the oval office answered went with the carpet that the ronald reagan used. brian: didn't use a flu rug he used an old rug. ains abs it's valuable rug. ronald reagan walked on it. steve: he changed the drapes ains. heather: ivanka's little boy crawling at the white house. love that scene of babies in the white house again. how good did she look. president obama one of the headlines i have got for you right now, thought that he would sneak this one through before he left office. but it is not gone gha happen on president trump's watch. the new administration reportedly freezing that last minute 221-million-dollar payment to the palestinians that we have been telling you about. president obama approved the funds just hours before he left office on friday even though republican lawmakers had a hold on that money. a senior palestinian source tells "times" of london today that the money is not expected to be handed over in the immediate future. we'll keep following that story. another final rule from mr. obama may also be reversed. congress now agreeing to review the last ditch effort that would potentially take guns away from certain social security beneficiaries. now, according to the nra, it defines supplemental securities income and disability insurance as mental defective, meaning people who receive the money can't legally own a gun. well the nra is applauding a possible repeal. we will also follow that madeleine albright, the former secretary of state not a muslim but this morning she is ready to register as one? the former secretary of state and clinton supporter secretary of state she will do it to protest president trump's immigration plans. she tweeted this. quote: i was raised catholic. i have became episcopalian and found out later my family was jewish. i stand ready to register as muslim in solidarity. presidenpresident trump's execue orders have not called for personal muslim registry of any kind. register as a muslim, i saw a lot of those signs down in washington with protesters. i stand in solidarity with muslims even though they weren't. steve: i don't know you were suppose today register. heather: that sounds like something out of worl world war. brian: i can't wait to see what kissinger registers as. hey, janice breenel. janice: shannon bream just thanked me for the weather this morning: it is going to end because it is winters time. take a look at the temperatures. we have got cold air behind this frontal system that is moving across the great lakes and you were midwest. but you know what? it's going to be a quiet weekend and i, for one, am excited that it's going to be a quiet weekend with no major systems to report. however, we are going to see lake-effect snow down wind of the eerie and ontario regions. that is going to continue this weekend. but the good news is once this system is out of the way, we are clear sailing. the west looks good. the central u.s. looks good. the east coast lookst great. so there you go. you're welcome. back inside, steve, ainsley, and brian. steve: all right thank you very much, j.d. januaryon got it. steve: fox news show pulling back the curtain on the music industry's dark reality. >> i'm trying to get you from being hurt. >> i can't get hurt anymore. you know exactly what i have been through. he. ainsley: let's step into the fox light with fox senior v.p. of marketing michael tammero who got the inside scoop of the first season of the show. >> that's right. if you love empire you will love. this i got a chance to sit down with queen latifah who gave mia sneak peek >> without knowing a cent about it. >> um-huh. >> entire skin off. >> no way. >> not the case. very different. >> which is great. yeah. empire is amazing. and star heaps to be the same in that sense. >> i just wanted of to tell a different story. completely different story. wherwhereas empire is based on y family, parts of my family. this is based on me leaving my family and get where i am right now. >> she grew up in the system. she separated from her sister. she has been hurt. she is rough around the enels. the only sortie of soft spot that she has is -- >> going to be famous. >> you still safe. >> yeah. >> come away in terms of success and given them some sort of guidance. >> they are extremely talented and what could happen with the success of this show. >> the imaskt that she has is incredible. obviously. all of russ super nervous meeting her. when we met her, she was so kind and so generous and so chill that it was almost like the nerves completely went away. >> i just want them to keep their feet on solid ground so they ken joy the ride and live. live the life, you know, just enjoy it. >> gott the makings of a super group ♪ i bring. >> you can catch star wednesday nights only on fox. as always from all of my celebrity interviews go to fox news magazine dote come or follow me on instagram or that thing called twitter. steve: sitting down with royalty queen latifah. >> she is great. ainsley: coming up, president trump is set to announce his pick for the supreme court. so who is on the short list? judge napolitano is involved in the selection process. he has the inside scoop next. steve: come on in. spill some beans. ♪ moving on over ♪ rocking on over ♪ move over ♪ that's why i have the spark cash card from capital one. with it, i earn unlimited 2% cash back on all of my purchasing. and that unlimited 2% cash back from spark means thousands of dollars each year going back into my business... which adds fuel to my bottom line. what's in your wallet? 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(the lion sleeps tonight.) woman snoring take the roar out of snore. yet another innovation only at a sleep number store. ♪ ♪ brian: all right. president trump delivering some exciting news about the supreme court yesterday. >> we have outstanding candidates and we will pick a truly great supreme court justice. but i'll be announcing it sometime next week. ainsley: many names have been floated to fill justice antonin scalia's seat. now that list is reportedly just down to three people. 11th circuit judge bill pryor, tenth circuit judge neil gorsuch and then the third circuit judge thomas hardiman. steve: joining us now is judge andrew napolitano who should be on the list. why are they all in the circuits? >> well the circuit is the federal appeals court between the trial court and the supreme court. and their job as circuit judges is very similar to what the supreme court does. steve: they have to get approved to get this job. >> they have already been confirmed by by the senate for the job they now have. they have a track record. everything they do they do in writing. they have dozens and in some cases hundreds of opinions that are easy to analyze. brian: some armchair judge followers say the first one we like to look at is the leader judge neil gorsuch, tell me about him. >> all right. so judge gorsuch sits in the 10th circuit which is in denver. and he finished very high in the rating for, are you ready for this word? if justice scalia were still alive he would love. this the rating for scalianess. so in order to determine scalianess a very, very bright group of lawyers spent many, many, many hours poring through all the written, all the public materials about these judges, and found a lot of similarities to the ideas of justice scalia. justice thomas hardiman, an alumnus of notre dame as am i. notre dame undergrad. brian: got new rock my coach there. brian: brian, we are talking about the supreme court. stay on topic. judge hardiman sits colleague on court is a judge named mary ann trump berry's the trump's sister. sat and worked together in new jersey. judge hardiman has a very similar attitude. a blue collar back ground from his years as undergraduate notre dame. brian: how old? >> i don't know. judge gorsuch is about 49. judge hardiman is about 53. we are talking about the people about the same age of justice scalia. steve: be there for decades. >> yes. judge bill pryor is the former attorney general of alabama and is a favorite of another former attorney general of alabama who is about to become the attorney general of the united states. brian: hopefully next week. >> jeff sessions. judge pryor also has a litany of written opinions that manifest a closeness to justice scalia. what are they looking for? what makes you close to justice scalia? the concept of something called originalism. a belief that the constitution's meaning was fixed and established at the time it was ratified and only changed when it was amended. it can't be changed by judges, as justice ginsburg has argued. it doesn't expand to meet the political needs of the times as justice ginsburg has argued. it is the constant in our galaxy of laws. steve: so in other words, we don't want -- trump doesn't want an activist judge who just looks at something and goes you know what? times have changed, this is whether a i think. >> correct. correct it is unique for a president who say i want to appoint someone in the immanuel and likeness of the person whose seat they are going to replace. not necessarily with personality. he had a unique personality. but with respect to attitude. i think that the trump base and the president himself will be quite pleased with any of these. right now at this point it's probably a matter of who would be most like justice scalia and least controversial. brian: keep in mind too chuck schumer says he is not going to confirm anybody because they are all extremists. >> keep in mind mitch mcconnell says the nominee will be confirmed. does that mateen nuclear option? does that mean no filibuster senator mcconnell said chris, i just told you have the nominee will be confirmed. brian. steve: judge, thank you very much. >> i'm off to d.c. today. brian: so we will see you on "special report"? >> yes, tonight. with james rosen hosting. what a lively "special report" that will be. we might be able to see a little bit of standup comedy. [laughter] were. brian: the meter will be off the charts. steve: hundreds of thousands swarming the streets to protest president trump over evident weekend. but our next guest says they are completely missing the point. her message to other women about the women's rally coming up. brian: hillary clinton isn't done. why this time she could be taking on oprah. >> oh, come on. brian brian judge, that's not for you to comment. ♪ move out of my way ♪ i want it all ♪ i want it all ♪ i want it all ♪ i want it now ♪ i want it all ♪ find them in the sargento cheese section. it's realizing beauty doesn't stop at my chin. roc®'s formula adapts to delicate skin areas. my fine lines here? visibly reduced in 4 weeks. chest, neck, and face cream from roc®. methods, not miracles.™ ainsley: just one day after his swearing in, hundreds of thousands of people filled the streets in cities all across the country protesting our current president. but our next guest says they have it all wrong. columnist liz peek writing in op-ed quote women's of women are frightened can you hardly blame them to win their vote hillary clinton convinced them that the president will wage a war on women. the media picked up the drum beat and has not put it down. i would march too if any of that was true but it is not. columnist liz peek joins us now. good morning, liz. >> good morning, thanks for having me. ainsley: you say that's not true. why? >> no. i think it's pretty clear that donald trump basically embraces women in senior positions. he is the first person ever to have a woman run his national campaign which is pretty remarkable. clearly ivanka trump is considered the equal of her brothers in terms of running his empire. and in terms of owe pofsing issues that are important to women like obamacare, he has made it very clear that no one is going to lose their health insurance and that basically all the provisions that are in place that protect women and children will continue. ainsley: how did hillary clinton -- you say hillary clinton convinced all of them and came up with this narrative it is a lie. what did she say that women bought into? >> well, i think first of all she convinced the country that he was going to roll back roe v. wade. look, donald trump wants to get a lot of things done. he wants to promote jobs and business. the last thing he needs to do is to take on an issue which is still absolutely tremendously controversial in this country. by the way, where the needle hasn't really changed. the country is very divided on abortion rights and that's not going to change any time soon, so i think it's incredibly important for him to avoid that issue. and what we saw in the campaign is that donald trump really didn't make that a priority. he didn't really even know going in what the dogma was about abortion. this is not a priority for him and hillary clinton made it out that it was. another very important issue for women is equal pay. and hillary clinton maintained that donald trump was not interested in equal pay for women. and she came up with something she proposes paycheck fairness act or endorsed that which is really just another tremendously difficult law that people want to put on businesses requiring a lot of data gathering and so forth, making it very easy to sue businesses for discrimination. it's clear that donald trump does endorse equal pay. he has made that clear. so it was just sort of a red herring. it was one of a number of red herrings that really kind of distorted, i think very much his view of women. ainsley: it's a great on odd if you want to read it foxnews.com. what my sisters who marched don't understand. trump's policies will help women and u.s. thank you so much. liz peek for joining us. coming up in just a few hours, president trump meeting with g.o.p. leaders in philadelphia. so what is on the agenda? kevin mccarthy will be there but first he will be talking with us. for some democrats the world is coming to an end. so, are they right? stay tuned. ♪ ♪ ♪ does that make me crazy? ♪ does that make me crazy ♪ so i can lift even the most demanding weight. take care of all your most important parts with centrum. now verified non gmo and gluten free. >> to all of those hurting out there, we hear you, we see you, and you will never ever be ignored again. >> yesterday was a fantastic day. he has taken so much time to sit with us and hear our pain. it's been really a relief for the family. >> when does construction begin? >> as soon as we can as soon as we can physically do it. >> months? >> i would say in months, yeah. >> history being made on wall street. check it out right now. the dow crossing that magic number. 20,000. >> it is a trump bump. >> you're seeing that his economic plans will get through. we will see tax reform in 2017. >> sad news to report. the legendary actress mary tyler moore is dead at the age of 80. ♪ you're gonna make it after all ♪ ♪ who can turn the world on with her smile ♪ steve: this is actually the theme song to mary tyler moore the second season. the first season they had this thing where she is going to go out and didn't know whether or not she was going to make it. then after the first season the producers called in the song write his or her is singing it and said you know what? she has made it you have to change the song. that's what you are listening to right here. this was second through the seventh season the mary tyler moore. ainsley: you grew up watching the show. brian: fantastic. vikings won the super bowl when i was younger they this show was in the zenith they had a special show on the saturday before and vikings winning second favorite team because i worshipped fran dark tap. it was minneapolis. that's my story. little bit later i have the al franken and mary tyler moore story. steve: tell the story now. joel, do i have your permission? brian: al franken at the correspondent's dinner is wearing a wire and. steve: what do you mean wearing a wire. >> taping. going up to wolfowitz. ainsley: you could do it without no one knowing it. brian: before he was senator. walking up baiting people trying to get people to come back at him e went walked up to alan colmes started screaming at him. alan you are letting me down. i said what are you doing? we start about to go at it and all of a sudden mary tyler moore looks over and goes hi, brian. i go wait a second you are mary tyler moore she is like i know. i can't fight al franken before mary tyler moore and it diffused the whole situation. ainsley: have you a story how knew who you were. steve: she said she watched "fox & friends" in the morning. ainsley: she did a lot of diabetes research. i didn't watch the show because i'm just a little bit younger. i would love to watch it i knew her for diabetes research. my mother is insulin dependent and this lady has done so much for diabetes research and as a mother she lost her child. and i cannot imagine what that's like. but that just bonds every mother around the country. brian: on a lighter note single woman living on her own in a city which was ground breaking. steve: she was not a feminist in real life. politically nobody ever knew where she was but mary tyler moore i thought was the best sitcom after the dick van dyke show. ainsley: i watched our story on her overnight. janice and heather, you will appreciate. this she brought the capri pant to the tv screen. ditch the skirts and bring the capri pants. in they were so cute. brian: i have been battling since then to bring back skirts. big push back. steve: mary tyler moore a legend dead at the age of 80. let's talk about this. david muir from nbc got the first prime time network interview with donald trump. donald trump was asked a series of questions as can you imagine about all sorts of things. here is the sound bite we ented to play for you in particular. because while you know donald trump is not a p.c. guy, we also know he will do anything he can to keep outside sach. and here he is talking about enhanced interrogation. >> mr. president, you told me during one of the debates that you would bring backwater boarding. >> yeah. >> and a hell of a lot worse. >> i want to keep our country safe. i want to keep our country safe. >> what does that mean? >> when they are chopping off the heads of our people and other people, when they are chopping off the heads of people because they happen to be a christian in the middle east, when isis is doing things that nobody has ever heard of since mid evil times, would i feel strongly about waterboarding? as far as i'm concerned we have to fight fire with fire. but i have spoken as recently as 24 hours ago with people at the highest level of intelligence and i asked them the question. does it work? does torture work? and the answer was yes. absolutely. i will rely on pompeo and mattis and my group. and if they don't want to do, that's fine. if they do want to do then i will work for that end. i want to do everything within the bounds of what you're allowed to do legally. but, do i feel it works? absolutely i feel it works. >> so you would be okay with it as president? >> no. i will rely on general mattis and i'm going to rely on those two people and others. and if they don't want to do it, it's 100 percent okay with me. do i think it works? absolutely. ainsley: he is not alone. brian, steve, people voted for him because of he is not the pc guy and he is not afraid to tell you how he thinks about water boarding about profiling. steve: about everything. ainsley: people were scared to say they were voting for him. no one really expected him to win or a lot of people didn't. steve: the pundits. ainsley: but he did because he feels the same way that a lot of people do and he is not afraid to share it. brian: here's the thing. not to get them back for being terrorists or killing americans. maximize intelligence in order to stop the next attack. and we did. because we were george cia, tenant come up with quick ways to find out as much as we can about the location of bin laden and next al qaeda attack. we unwound the series of attacks through detailed and through the department of justice enhanced interrogation. it wasn't i'm going to punch nut face until you tell me. there was a method to it jim mitchell was hired as a private contractor. psychologist. he personally spent thousands of hours with the worst of the worst and says it worked. >> i think we do have to look at the techniques and determine what is working. and i'm telling you, there is a handful of people out there who are the worst of the worst, who are highly committed to their cause, who have some catastrophic attack in mind, who are not going to pony up and volunteer information so we can disrupted those attacks. so, in my mind, it makes perfect sense that the president would ask his intel folks to revisit that. brian: if you wonder why it's been eight years since we had this discussion because the last president killed everybody with drones and didn't capture and detain anyone. maybe one guy is hanging out in new york city. nobody is talking to him. he tried to depopulate gitmo which didn't work for our advantage. that's why this is a debated that's been in moth balls. ainsley: by talking to these individuals you get to the bottom of it and find out who they are working with and find out information to prevent another attach instead of just killing them with a drone. steve: the white house, this was brought up yesterday, last not prepared an executive order to start to reopen the foreign cia black sites where we would take the suspected terrorists and try to get information from them. the white house says that is not true. we asked you what you thought about donald trump's position on all this, jody on twitter she has an opinion. ainsley: do whatever it takes to send a message of strength to these monsters. brian: right. masks mize intelligence. torture does not work from daniel. he says it's immoral and illegal. we stoop to the level of terrorists by reverting to their tactics. steve: all depends on what you consider torture, i guess. meanwhile johnny sit on twitter war is dirty and become barbaric under isis we need a tool to use within the law. and you know what, john any, i think donald trump agrees with you. all right. meanwhile it is 8 minutes after the top of the hour on this -- are we going to the next talking point? we are not. we are going to heather who has got the news right now. heather: we have been following this story so closely about all the violence taking place in chicago. top priority for president trump. and some latest news coming out of there. overnight, violence-ridden chicago, six people were shot during a vigil for another shooting victim. all the victims we are told will survive this. a child was grazed in the head as well. 13 people have been shot in chicago in just the last 24 hours alone. what disgrace. well, the president now tweeting to mayor rahm emanuel saying if chicago doesn't fix the horrible carnage he calls it going on he will send in the feds. emanuel says he will accept federal help but not from the national guard. we will keep following that story. less breaking overnight, go deputies shot that dramatic shootout near a packed schottenstein center that was packed with people. they were investigating a string of robberies along the mississippi/tennessee border when they supposed toed their man. of the suspect then opening fire hitting both deputies. the officer sheeting back, leaving that suspect dead. the sheriff now putting all criminals on notice saying this. what it means is desoto county is buckling down. if you come here and commit a crime we're gonna get you. we're making a statement make sure you don't come back to desoto toe county. heather: one was released from the hospital the other is hospit expected to be okay. the dow hitting the 20,000 mark first time ever. future are up. american investors reaping the benefits of the trump bump. stocks are up by more than 2,000 points since the election. congratulations, investors. well some democrats mourning hillary clinton's loss the world coming to answered, some of them are saying. but really? today scientist also reveal just how close we are to doomsday. last year the world was moved three minutes to mid night. meaning the end of the world as we know it well today the clock is expected to move up another minute. scientists blaming climate change and threat of nuclear weapons. and the white house transition. oh my. i think we will all wake up tomorrow. steve: it's symbolic not an actual doomsday clock. brian: i would be so disappointed if i didn't. meanwhile coming up straight ahead. president trump huddling with republicans later today in philadelphia including next guest. is he house majority leader kevin mccarthy. is he on deck with the one thing he says the president must do right now. steve: hillary clinton is not apparently done with public service or being in the public. this time she could be taking on oprah or judge judy? huh? ♪ and you're going to hear me roar ♪ louder ♪ louder than a lion ♪ because i am a champion ♪ and you're going to hear me roar ♪ you when you have a digital notebook to capture investing ideas that instantly gives you stock prices, earnings, and dividends... an equity summary score that consolidates the stock ratings of top analysts into a single score... and $7.95 online u.s. equity trades, lower than td ameritrade, schwab, and e-trade, you realize the smartest investing idea isn't just what you invest in, but who you invest with. ♪ ♪ brian: all right. today president trump set to address republicans in congress for the first time. he has an official visit outside d.c. as they gather in philadelphia where democracy was founded for their annual retreat to map out a 200 day policy plan. so what do they hope to hear from the president? house majority leader kevin mccarthy is one of those congressman meeting with the president in philadelphia today and might be his closest confidante in the house. thanks so much for joining us, congressman, appreciate it. so today when you meet, what do you expect to hear? what do you hope to hear from the president? >> you can never predict what you're gonna hear. i will tell you this man at times is unpredictable. that's what i love about him. is he going to push us, and is he going to drive us. he has probably the biggest work ethic i have ever seen. have you to understand, brian, this is only the third time since world war ii have the republicans ever had the majority in the house, the senate, and the white house. and this is different than eisenhower and george w. bush. this is a change election. that the country wants to see a fundamental change. and i think that's what we'll hear from this president. he wants to see the economy start to move. he wants to see a new healthcare plan. so we have a 200 day plan, not 100 day plan. and we have sat with this president, worked out it. you are going to see tax reform, regulation reform. unshackle what's been holding back this economy. these are all the things that he has been sitting with working down at the white house this week as well. brian: majority majority leader and the word is you get along with president trump probably better than anybody else been the interpreter between. so friction that speaker ryan has had famously with the president. a lot of people are saying why are the republicans embracing the executive orders of their president and condemn barack obama's executive orders? what is your answer to people who say you guys are acting hypocritical? >> it's not hypocritical at all. because pretty much what president trump is doing is undoing president obama's executive orders and taking us back to the constitution. you know, we were -- here we are in philadelphia, really the creation of our country where our forefathers created this great concept of to me the greatest nation in the world. but it had three coequal branches. that's what president trump is doing. is unshac unshackling. giving us the freedom we desire. think about the short time he has been in since the election. the optimism out there. look at the dow jones. look at what is happening in the economy. and then what we are able to accomplish as we do forward there is a lot of hope out there. we have a lot of responsibility on our hand and we don't take it lightly. brian: chuck schumer had a presser yesterday. these are all blending together. look if president trump wants a trillion-dollar stimulus plan -- infrastructure plan, i support him. get his republicans in line. can you get on the same page with a trillion-dollar freezing rain structure? >> well, the thing we have talked about the other day in the white house, we need an infrastructure bill but what we need to do is figure out how we are going to pay for it we never talked about the dollar figure. why said let's figure out how much we need of what needs to be fixed out there. don't pick a dollar figure. tell us what needs to be fixed and tell us how we are going to pay for it together and let's think differently. let's not pass a bill that takes 10 years before you build a new road. let's reform all those studies that have to go forward to build the same road that you already have there? you don't need to take that long. so let's think differently than we thought in the past. get people together. brian brian we have another $800 billion for shovel ready projects that don't exist. american people are going to lose patience. donald trump, that's one of his greatest strengths. now, you made the choice to have peyton manning or peyton manning was asked to speak today to the republican caucus. will you get an autographed signed helmet? what do you expect him to say? >> well, i would go with a football than a helmet. i. brian: okay, final. >> just bowfts background. i just like peyton manning. is he an inspirational personal. just think about what we're going to hear about today. we're going to hear from the president. we're going to hear from the vice president. we're going to hear from the prime minister of the u.k., theresa may. and we're going to hear from peyton manning. that is a microcosm of to me a bunch of world leaders and inspirational at the same time. that's a unique situation and we're going to walk out of that room with a lot of work to be done that's going to touch on all levels. what i'm going to sit back and ask him really is who is his favorite in the super bowl? brian: right. absolutely. he certainly has a lot to say about that. congressman, now have you got to work on your constituents in california to get them on the donald trump train. because right now they are not there. so some way get things done and unite the country. besides that, not much on your agenda. he is the majority leader in the house. is he kevin mccarthy. congressman, thanks so much. >> thanks so much for having me today. brian: all right. mean while, coming up straight ahead, navy officer christian serving a year in prison for taking a photo inside a submarine. and chelsea manning just got a pass from president obama and by the way is ungrateful about it his mother says they were ignored by the obama administration but what the president just tweeted may be providing hope for her. and these protesters had no idea what was about to hit them. and here's the hint. it's not that city bus. ♪ another one bites the dust ♪ another one bites the dust ♪ and another one's gone ♪ and another one's gone ♪ you do all this research on a perfect car, then smash it into a tree. your insurance company raises your rates. maybe you should've done more research on them. for drivers with accident forgiveness, liberty mutual won't raise your rates due to your first accident. and if you do have an accident, our claims centers are available to assist you 24/7. call for a free quote today. liberty stands with you™. liberty mutual insurance. ♪ steve do you know what? now would be a good time for some business news and we have some headlines for you now. starting with facebook. they are announcing they are making changes to their trending news, getting rid of personalization. instead everybody will see the same story. that's good. meanwhile, google also banning hundreds of web sites that make false or misleading claims, #fake news. it's a secret no more. today only mcdonald's is giving away free bottles of its big mac special sauce, 10,000 of them. i would love that and it's the end of an era. the last ho jo's howard johnson in america up for sale. it's been you were new york since 1953. however the howard johnson motel change lives on as part of the wyndham motel group. bet you didn't know that ainsley over to you. ainsley: the story of petty officer christian sauceir one we have been following on "fox & friends." he is serving a sentence for taking these pictures inside a nuclear submarine. this morning is he hoping that president trump can help him. he is asking and begging for a pardon after his pleas to former president obama were ignored. but somehow chelsea manning, who leaked classified information had her sentence commuted. and hillary clinton, well, know what happened there, got off scot-free over that private email server. so is there new hope for christian under the new administration? christian's mother kathleen joins us now. great to have you back, kathleen. >> good morning. thank you so much for being here again to speak out. ainsley: you're welcome. tell us what is your message to donald trump? because he does often watch this show. so what would you like him to know? >> sure, what i would like him to know is that i recognize as an american citizen that our country is in christ right now and he has an awful lot of things to do and so many directions to go, as a mom, i'm screaming and i will keep screaming as long as people like you and fox news will listen to me that i ask for mercy for him to review my son's case. and to consider a pardon. we did submit the pardon to president obama, as you mentioned. and we never were even acknowledged that we submitted it i recognize hundreds of thousands of pardons go every year and my son is just one person. but i feel strongly that there is a clear injustice and the more and more that i have seen things come out, the more i recognize and realize there was a clear injustice in my son's case. and some other cases across our country need to be looked at. one thing i feel is if nothing else, this is going to raise awareness for the average american citizen that there is a double standard. and it needs to change. ainsley: well, what went through your mind when donald trump won the election? because he could be your hope. >> yes. i was so grateful. number one, for our country. i mean for my son, absolutely, there is two sides. i'm a mowho is devastated by what's happened to my son, a young man that joins the service to serve our country, a patriot. but i'm also exstatic as an american citizen. i believe in a patriot. i believe is he a true patriot, donald trump, i believe the people he is putting in place. no matter what people say or complain, about i believe all of them are true patriots and will do our country right. ainsley: your son was serving our country. he was on a submarine at a time when cell phones were allowed on a submarine. they are not any longer allowed. but he took six pictures inside of where he works. inside the submarine. he didn't share them with anyone. he lost his phone and those pictures were retrieved by the military and then he spends a year or going to spend a year behind bars. chelsea manning, he leaked information, classified information and many people are saying individuals lost their lives because he purposely leaked information and thousands of pictures and information were cents all around the world. is that the double standard that you're talking about? hillary clinton not indicted for her email scandal. >> right. so originally my double scandal i was screaming about the clear double standard with hillary clinton. i have compassion for bradley chelsea manning and the difficulties that they are going through. i don't have compassion for the level of crime, 750,000 emails that were intentionally sent to foreign entities and exposed our and put our troops at risk. i'm not saying that what my son did was right. he admitted and accepted responsibility for taking six photos in a classified area of a submarine which, by the way every area of a submarine is considered classified as that low level of classification. he never shared them. he never had any intent to harm our country. he had intent to have photos to remember something he was very proud of at the age of 22. ainsley: he has a wife and baby at home that he is missing them and missing that child's life growing can up. watching that child grow up for the next year. donald trump it seems that he agrees with you. it was his tweet this morning. he says ungrateful traitor chelsea manning who never should have been released from prison is calling president obama a weak leader. terrible. what else your reaction. >> my reaction is that is so ungrateful. i can't imagine first of all how chelsea manning was pardoned and i don't think that the crime was reviewed. but i think that's so ungrateful. i can tell you that i'm just grateful that anyone is even listening to our story. i'm grateful that the american public has spoken quite clearly. we have the facebook page american patriots against double standards and many people have signed on and said this happened to me. this happened to my friend. this happened to my son. so i think as americans, we need to stand up and use our voices. you know, as i mentioned, as a mom, i'm going to continue to scream about this injustice for my son. as an american citizen, i'm going to continue to speak out about what i believe to be not only a double standard but an abuse of power in our federal government as it was in the former administration. ainsley: i bet if your son does get pardoned by president trump your reaction would be a lot different than chelsea manning. >> i would be so grateful for him considering it when he is so busy trying to clean up what's happened in our country. ainsley: i know you were in tears when you were saying goodbye to him. give him our best. >> please pray for us. ainsley: we will continue to do that. how would you like your buretioner with a side of liberal activism? the popular restaurant that wants to donate your payment to planned parenthood. and deuce is on the loose. this morning he wants to know how do you think president trump is doing so far? that is coming up next. ♪ how do you like me now ♪ how do you like me now ♪ now that i'm on my way ♪ you just think i'm crazy ♪ standing here today ♪ i couldn't make you love me ♪ but always dreams about ♪ living in your radio ♪ [ male announcer ] imagine. what you wear every day actually making your body feel better, making your whole day better. that's exactly what tommie copper does for people everywhere coping with life's everyday aches and pains. they call it "wearable wellness," and tommie copper has infused it into everything they do. why not treat yourself well this new year? go to tommiecopper.com. enter your e-mail to become part of the tommie copper community and get 25% off your entire order. we'll even throw in free shipping. life hurts. feel better. >> moving. brian: time now for your shot of the morning. it's a milestone a minute for the first family. ainsley: first daughter ivanka trump sharing adorable video of her 10 month old son theodore crawling for the first time. it all happened at the white house. brian: wow, the proud mom and her daughter encouragings sweet boy to get up and crawl and then who knows. maybe even walk. ainsley: i thought there was nothing but a baby. but a baby in the white house doesn't get better than that. there is so much life there now. it's so fun. brian: i know there is ivanka is going to be across the street. moving in town. two sons run the whole organization across the street. pay. ainsley: president trump has almost been in office a full week and he has been very busy. brian: how do the american people think is he doing? steve hitting the streets to hear from the people who didn't voted for him in new york. 70% didn't voted for him, steve. have there been any conversions? steve: let's find out. hey, good morning to you. i'm from fox news channel. hey, how are you. let me ask you a quick question. what's your name? >> will. >> donald trump, our new president of the united states, been in office for a week. he has been signing all sorts of executive orders, what do you think about week one? >> i think it's been a little bit of a mess. >> a mess? >> yeah. i think he has stayed on message. he has done what he said he is going to do. steve: going to build that wall. >> going to build that wall. sounds like mexico is not going to pay for it despite what he has always talked about. steve: we will see in the end. when you say it's been a bit of a mess. what do you mean? >> i just think he can't get out of campaign mode. is he calling for, you know, investigations into voter fraud. steve: right. >> which no one has found any evidence of in the past. steve: how many times have you voted i voted 17 times. >> only three. steve: okay. good. you know, every administration is off to a rocky start. i mean when you look at the way bill clinton started. that was not the way he wanted to start either. >> sure. i want him to get out of campaign mode. it's like you won the election. steve: okay. >> i don't understand this sort of. steve: what they are doing right now. >> this insecurity he seems to have around it. steve: did you vote for him? >> did i not, no. steve: you are typical new yorker because the new yorker went for the lady. nice to meet you. >> sure. steve: have a great day. these folks were actually over in front of our building. what's your name? >> diana. >> what do you think of week one for president trump. >> i'm from st. louis. we lost a lot of business. lost a lot of fortune 500 companies we want them. steve: how great was it to have the auto executives in the other day and the ford guy says he is not going to build those two plants in mexico. then have you got the union guys in said well we probably didn't vote for trump but we like what he is talk about. >> st. louis lots chrysler and ford plant during this administration. we are happy and tickled. i'm glad he got into the white house. i hope he invites more people in. steve: thank you very much. this guy is from houston. you were down at the inauguration. >> yes, i was. steve: why? >> i have never been. i wanted to be a part of history. steve: you there were to see donald trump become our 45th president. >> yep. steve: how do you think is he doing so far? >> i hope he can keep the energy up and keep going. it's a tremendous job that he has to do, but i just hope he can keep it up. steve: you know, he says he is going to build a wall. are you behind all the stuff he stands for and campaigned on? >> well, i am. but i realize that, you know, he is just one part of our government. and whether he is able to. steve: he can do that executive order thing and pull out a pen and sign stuff and next thing you know it's what's the government is doing. >> obama tried to do the same thing. steve: it lasted as long as he did. >> you know, i'm excited for what he is doing. i hope he keeps it up. steve: all right, albert, thank you very much. here guy is over here, is he a small businessman. he works right here at the corner. is he a surrender, you have been here a long time. i bought a phone case for my iphone. thank you very much. affordable price is good quality. what's your name? where are you from. >> west africa. >> what do you think of donald trump almost his first week. >> i think he want to come good. security. help for the country. steve: and you support what he is doing? >> i support it. yeah. steve: very good. how much for a phone case today? >> 17 17.10. steve: why go to the apple store when this guy has all the stuff you need right here. just saying. brian: the prices seem reasonable. steve: absolutely. the iphone case was 10 bucks. ainsley: he is so execute cute. we will be shomg with him now right out here. convenient, too. steve: ainsley is coming over to buy some stuff after the show, okay? he. ainsley: is he like whose ainsley. all right, thanks, steve. brian: she has that credit problem so you will need to see cash. weather is heather nauert? ainsley: i don't know. heather is actually right next to me. heather: i need a new iphone case so pick one up for me. pick it up from here. news headlines to bring you right now. do you want a burger with a side of liberal activism? chilis is now coming under fire from pro-life advocates for funding planned parenthood with a portion of customer's bills? the restaurant chain handing out voucher nefs indiana and kentucky. it allows people to donate 15% of their meal or the value of their meal to planned parenthood. in 2011, a chili's in california started fundraising for a local clinic but then canceled it after sparking a backlash. wow. dramatic video showing police in portland not messing around. protesters learning the hard way do not block traffic. watch this. [bleep] get out of the way. people got to get home. heather: some of those anti-trump protesters flattened, pushed to the ground in the middle of the street. by standers cheering and thanking the police officers. one man is heard cheering take them all down. move over oprah. hillary clinton property reportedly wants her own tv show so she could win the next elections. the defeated presidential candidate thinks launching a liberal show will help ensure she is always in the news and can control her message. they also say she has made a toast with her friends at her home in washington saying, quote: i'll be back in an arnold schwarzenegger type voice. liberal tv didn't work too well for al gore. i wonder if it will work for her? brian: she never government high ratings even when she was running for president. we will see what happens. heather: trying to control the message. brian: she is no heather nauert. ainsley: we will see how she does. brian: it says steve on the prompter. let's sit and wait it out. let's see. all right. let's just go. no, we won't. ainsley: take it away. all right. i will read it. you have heard about it. interest rates -- steve, this is your read. [laughter] ainsley: have you heard about it interest rates could be going up soon. what will president trump do about it? and is now the time to buy? brian: i didn't think you were going to read all of it thanks for sharing. can i please read it. bob massey the property man on deck answering your emails. and since steve won't come over i will finish up. coming up the inauguration you didn't see. >> what's your name? >> together we will build a bar in rural connecticut and we will make it a bar with a nanny and we'll make it a bar called brown lady. and rt beats one hundred thousand times a day, sending oxygen to my muscles. again! so i can lift even the most demanding weight. take care of all your most important parts with centrum. now verified non gmo and gluten free. the markets change... at t. rowe price... our disciplined approach remains. global markets may be uncertain... but you can feel confident in our investment experience around the world. call us or your advisor... t. rowe price. invest with confidence. ito become dangerous.d for an everyday item new tide pods child guard pack. helps keep your laundry pacs safe and your child safer. align, press and unzip. "how to win at business." step one: point decisively with the arm of your glasses. abracadabra. the stage is yours. step two: choose la quinta. the only hotel where you can redeem loyalty points for a free night-instantly and win at business. it's a performance machine. of engineering... with this degree of intelligence... it's a supercomputer. with this grade of protection... it's a fortress. and with this standard of luxury... it's an oasis. the 2017 e-class. it's everything you need it to be... and more. lease the e300 for $549 a month at your local mercedes-benz dealer. mercedes-benz. the best or nothing. and the wolf huffed like you do sometimes, grandpa? well, when you have copd, it can be hard to breathe. it can be hard to get air out, which can make it hard to get air in. so i talked to my doctor. she said... symbicort could help you breathe better, starting within 5 minutes. symbicort doesn't replace a rescue inhaler for sudden symptoms. symbicort helps provide significant improvement of your lung function. symbicort is for copd, including chronic bronchitis and emphysema. it should not be taken more than twice a day. symbicort contains formoterol. medicines like formoterol increase the risk of death from asthma problems. symbicort may increase your risk of lung infections, osteoporosis, and some eye problems. you should tell your doctor if you have a heart condition or high blood pressure before taking it. symbicort could mean a day with better breathing. watch out, piggies! (child giggles) symbicort. breathe better starting within 5 minutes. get symbicort free for up to one year. visit saveonsymbicort.com today to learn more. janice: welcome back to "fox & friends." i'm janice dean. take a look at the temperatures. across the eastern seaboard it is really warm. ahead of the frontal passage warmer than average temperatures. in terms of weather systems, we have something going across the great lakes right now. otherwise, a quiet weather pattern. i want to talk to some friends over here. what's your name? >> refinery james. >> where are you from. >> kansas city, missouri. >> who do you want to say hi to. >> melissa james, ken that james and darren james. where are you from. >> blackman. >> what do you want to say. >> melissa, jack. hi, guys. >> what do you think of this weather. >> i love it. >> where are you from. >> jim from caramel, indiana. >> who do you want to say hi to. >> my friends back home in indianapolis. >> wave to everybody at home. we love the springtime weather. back to you, steve. steve: not quite springtime a littlchilly. 69% of people believe owning a home is important to achieving the american dream. so with a new president in the white house what can we expect from the housing market? after all he is a real estate guy. let's talk to the host of the property man bob massi, he is here to answer your questions. good morning to you, bob. >> hey, steeves. steve: we have three quick ones for you. first up john down in florida writes. this bob malice is i, i keep reading that interest rates are going up and i'm a first-time home buyer. should i buy now? all right. that's a good question. because if the rates are going up, do you buy now or do you wait for them to come down? >> well, the question is going to be how long is it going to be before they go back down? and what he needs to do, steve, like all of us shop around. find a good mortgage broker see what programs are out there. see what's on the future. be diligent with it when you are a first time home buyer there is a checklist have you to go to the property man we did that you can probably go to the website and see checklists. bottom line is shopping around for websites. steve: always good advice, bob. next up amy in texas asks with the new trump administration and housing issues, what are the major concerns? >> steve, i have got to tell you when i drive around vegas now, and the things we did in florida, i'm very concerned. right now in las vegas it looks like 2005. on every corner things are going up again. there is housing, there is commercial building. steve: good. >> great for employment, don't misunderstand me. i don't want to see us overbuild and oversell again and have another problem. and again as i mentioned a few weeks ago, steve, a lot of lone modifications are going to mature this year. what that means is people that were paying interest only to convert the principle and interest, that could result in some more problems in the housing industry. so those are some of my concerns. have you got to look at it very closely. steve: okay. meanwhile judy from california wants to know what would you like to see the new administration do as it relates to housing and lending? and you know, bob, our chief executive now is a real estate guy. so, he is very concerned about real estate. >> yes, he is. yes, and i'm very concerned about it. my biggest thing is, this steve. when i look at the marketplace right now, and i see the different things that are going on, we need a grass roots campaign. we need the administration to understand that in fact what's going on with homeowners every day -- i'm going to give you a quick example. steve: okay. >> i saw a person yesterday from 2008, steve, they have had 27 servicers of their loan. steve: what? >> they cannot make a payment to anybody because they don't know who to make a payment to. these problems still exist. they are going to get a grass roots committee put together. give input to the trump administration. don't stay here get down to the grass roots and see what's going on day-to-day people owning homes in america. steve: that's a big fat mess. bob, what federal agency should be overseeing that? >> well, this is the thing. i'm concerned about too much deregulation. i know the president is talking about disbanding some of the consumer finance bureau things like that. i just don't want to see too much deregulation because if you let them go again, it could get ugly. so, look, he is smart. i mean, nobody is smarter than this guy at real estate. i just want him to know "fox & friends" we have been doing this for years. property man. we are in touch with the pulse of the people, steve. have you got to be careful and understanding there is a lot of people in trouble in this country. they don't know who to make a payment to because of so many servicers that have changed over the years. steve: let's see what happens. bob malicey joininbob massi joi. can you catch his show, the property man, saturdays and sunsdz at 3:00 p.m. eastern time ear on the fox news channel. have you a question for him email us at friends@foxnews.com. bob, thank you. meanwhile, it's the inauguration you did not see. remember this? >> what's your name? >> together we will build a bar in rural connecticut. >> and we will be there live. the new president just got the bad lip reading treatment and it's blowing up the internet. that's why carlie shimkus is joining us next. my bladder wake me up from my sweet dreams? thanks to tena, not tonight! only tena overnight underwear ...with its secure barrier system gives you.... ...triple protection from leaks, odor and moisture. tena lets you be you why is there neverite, enough of it? a john deere 1 family tractor with quik-park lets you attach and go. imatch quick-hitch gives you more time for what you love. so it takes less work to do more work. autoconnect drive-over mower deck? done. they're not making any more land. but there's plenty of time if you know where to look. now you can own a 1e sub-compact tractor for just $99 a month. learn more at your john deere dealer. we're opening more xfinity stores closer to you. visit us today and learn how to get the most out of all your services, like xfinity x1. we'll put the power in your hands, so you can see how x1 is changing the way you experience tv with features like voice remote, making it easier and more fun than ever. there's more in store than you imagine. visit an xfinity store today and see for yourself. xfinity, the future of awesome. ainsley: it's the inauguration you didn't see and it's going viral. brian: here with more on what's trending is the same woman that was here yesterday. fox news headlines person 24/7 reporter carlie shimkus. >> person, i like that title, thanks. brian: i don't want to get involved in pronouns. >> have you ever seen these bad lip reading videos before. they double over dialogue from famous scenes to bring us what they could have been saying. steve: they weren't in a million years saying it but it's funny. >> exactly. let's listen to the inauguration edition. >> you're cheery. >> i'm always cheery. >> yeah, sure. >> when can i see you walk away. >> i duke into your face. >> ha ha ha ha. >> are you wearing a big boy shirt? >> yeah. probably never will again. >> you ever wash that wig? >> you got me again, good one. >> it's a zinger. >> together we will build a bar in rural connecticut and we will make it a bar with a nanny. i win. [laughter] >> he sure did. can you imagine the amount of time spe spent creating. this tiffany's box according to them it was pretzels. brian: in the car when they got out. you spotted that. >> last i checked. right. and walked up into the she handed them the tiffany's box. filled with pretzels. he. ainsley: i don't remember seeing pretzels in there. maybe a gold pretzel charm. he. brian: or rold gold pretzels. steve: everybody went out to eat and somebody got a big tip. >> a washington, d.c. waitress who participated in the women's march in washington came back to work on monday. she said that she had to serve a table of people from texas who were there in washington, d.c. to support donald trump. she kind of rolled her eyes at having to serve them. do you know what these customers did? they left her a $450 tip on a $70 bill. and a note that says we come from different cultures and may disagree on. brian: as we roll the prompter forward. >> on certain issues. but if everyone would share their smile and kindness like your beautiful smile, our country will come together as one people no, race no, gender, just american. god bless. isn't that message amazing? steve: do we know why it was $450? had she mentioned she needed the money for something? >> they were just very impressed with her. she said do you know what her take away is? her take away is never judge a book by its cover and always keep people a chance. steve: that is great. brian was a waiter at bennigans for many years and i think the top tip he ever got was 20 bucks. >> i was with a waitress at applebee's. i would call my parents to come in sometimes to sit at a table so i could ignore them. brian: at least there is still is an applebee's i shut down bennigan's. steve: where was that? >> al pay be's new jersey. steve: i have been there. >> i probably didn't serve you. brian: dinners on tuesday. coming up, president trump being hammered for his executive action. are the attacks warranted or do the democrats have selective memory. the answer next hour. first, donald trump will take us to break in seven seconds. we might decide differently. >> together, we will build a bar in rural connecticut. and we will make it a bar ♪ >> beginning today, the united states of america gets back its borders. >> yesterday was fantastic day. he's taken so much time to sit with us and hear our pain. it's been really a relief for the family. >> when this construction begin, as soon as we can, as soon as we can physically do it. >> in months? >> i would say months, yeah. >> check it out now. the dow crossing that magic number 20,000. wow. >> we have a 200-day plan. not 100-day plan. and we sat with this president, worked at it. you're going to see tax reform, you're going to see regulation reform, unshackle what's holding back this economy. >> mary tyler moore is dead at the age of 80. ♪ steve: when this was the number one show in the world, it aired at 8:00 saturday nights on cbs. and the world was shocked and everybody would run to the television and watch the funniest show on tv no, i haven't cable. two local networks in your area. steve: three. brian: three. and that's how you would make a choice. you would pick one or the other. a spin-off called phyllis, do you remember that? steve: and lou grant. ainsley: i don't like getting older. i don't like all of this change. steve: if you have not seen the mary tyler moore show because ainsley is a little young for that, you can watch it on hulu and stuff like that. but it was the funniest show. they had an anchorman, his name was ted baxter, and i remember one episode, ted is doing the news and suddenly he's handed a paper and he says i have just been handed a bulletin. you have something on your tooth. [laughter] ainsley: oh, that's great. steve: it's the best show ever. the guy who invented the simpsons, so many movies, he was the genius behind that but really it was mary. she was great. ainsley: it would be great if they start replaying the shows. everyone would watch it because some people who didn't have a chance to watch it would love to watch. brian: just go to steve's house. he has them on dvd or vhs or three quarter. ainsley: she did a lot for diabetes research too. brian: two minutes after the top of the hour. donald trump really busy yesterday. talking about sanctuary cities, no more. he has to say stop, catch, and release. not going to happen anymore. when it comes down to criminals here, they're going to be kicked out. but instead of just saying it, he also brought up the family angel parents who lost their kids to illegal immigrants who are here way past their visas or never should have been here at all. and he started to humanize. and it's genius because don't make it about him and rob emmanuel or some other mayor or democratic leader, make it about americans. steve: sure and that's why he went to the department of homeland security yesterday afternoon and appeared with general kelly. he also appeared last night on abc. an hour identify long interview who got the first primate network interview with donald trump. and of course what's the number one thing for a lot of people? why they voted for donald trump? national security. part of that the wall. who's going to pay for it? we all know from the crowds. mexico. david not really buying onto that, so he tried to pin him down on some stuff. here is the president. >> are you going to direct u.s. funds to pay for this wall? will american taxpayers pay for the wall? >> ultimately it's going to be coming out what's happening with mexico. we're going to be starting those negotiations relatively soon, and we will be in a form reimbursed by mexico. >> so they'll pay us back. >> yeah. absolutely. 100%, yes. >> so the american taxpayer will pay for the wall at first. >> all it is is we'll be reimbursed at a later date from whatever transaction we make with mexico. >> mexico's president said they will absolutely not pay, it goes against our dignity as a country and dignity. >> he has to say that. it will be in a payment. it will be in a format. perhaps a complicated form. and you have to understand what i'm doing is good for the united states. it's also going to be good for mexico. >> when does construction again? >> as soon as we can. as soon as we can physically do it. >> within months? >> i would say in months, yeah. certainly planning is starting immediately. steve: and some of the challenges they're going to have, they say some of the borders are private land. the rio grande river in texas and dunes in arizona will be a problem for engineers. george bush got 2.1 billion for 62 miles. for some reason that money doesn't seem to be there. steve: they always find a way place to put it. ainsley: mexico's president is supposed to meet with donald trump. and now one of you his executives or one person that works for him are saying i don't know if this is going to happen. we're not really happy with you and a lot of people in mexico aren't happy with the current president in mexico because he has been talking with donald trump and trying to extend an olive branch and people are upset. steve: well, in addition to the wall, which will get built, i'm telling you. they're going to build that wall and mexico will pay for it, according to the president. ainsley: in some capacity; right? steve: a wall or fence. it's going to slow people down. in addition to that, the whole sanctuary city thing. there are 300 sanctuary cities in this nation that are not following federal law. donald trump said if they're not going to follow the law, they're not going to get the money. kellyanne conway was on with maria quiban on our sister channel this morning. here she is talking about sanctuary cities which trump says as well he's going to bulk down on. >> it's remarkable that we have mayors across this country blatantly and flagrantly violating the law. i mentioned kate yesterday at the department of homeland security. president trump and vice president pence were there flanked by angel moms who had lost their children at the hands of illegal immigrants who should not have been here murdering their children. i memorized all their names because these are real people, and it's real carnage. by the way, it's optimistic. we have to be a sovereign nation that has borders. we spent billions of dollars protecting other nation's borders. it's about time we do it here. and somebody has committed a time, five times he was deported. what in the world is he doing here? why are you harboring him? ainsley: it's not about separating families. it's about getting the criminals out of the united states of america. steve: enforcing the borders. enforcing the laws. brian: when you have sanctuary city, chicago, new york, san francisco, and what he's saying is mayors, if you have the interest of your constituents in mind, why is it better to spend your money on people that don't belong here than it is for the people that do belong here? and the leverage they have is the money that's given from the federal government. for example, in chicago, they get $3.6 billion. evidently in new york, you double that. so what you say is that money stops, federal funding stops until you allow your police officers and ice officers to do their job. ainsley: right. brian: if you don't allow them to do their job, i'll hold your money back. my sense is donald trump will follow through with that. ainsley: you have rob emmanuel, bill de blasio, and they were screaming out lock him up, meaning donald trump, and he was saying that new york is a city of immigrants. no one's leaving. everyone's welcome here. steve: it's true. but remember in the only days, people came to the country, they would actually sign the guest book out at ellis island. brian: misspell their names and send them into america. steve: here in new york city they could lose $7 billion and if de blasio is smart, he will begin to negotiate. brian: a big caveat. if de blasio is smart. steve: during the last few years of the george w. bush administration, it was all about water boarding. the political left hated it. they said -- they called it torture. it was never torture. however, it was never considered torture. however, it was illegal and declared by congress in 2016. now it is against the law. but it was never considered torture when you look at the way it is regarded around the world. here's donald trump being president trump being his pc self saying, look, i'm just going to keep people safe. and if that means water boarding -- well, here's the president. >> mr. president, you told me backwater boarding and a a hell of a lot worse. >> i want to keep our country safe. >> what does that mean? >> when they're chopping off the heads of our people and other people, when they're chopping off the heads of people because they happen to be a christian in the middle east. when isis is doing things that nobody has ever heard of since medieval times, would i feel as strongly with water boarding? we have to fight fire with fire. but i have spoken as recently as 24 hours ago with people at the highest level of intelligence, and i asked them the question. does it work? does torture work? and the answer was yes. absolutely. i will rely on pompeo and mattis and my group. and if they don't want to do it, that's fine. if they do want to do, then i will work toward that end. i want to do everything within the bounds of what you're allowed to do illegal. but do i feel it works? i feel it works. i will rely on general mattis, and i'm going to rely on those two people and others. and if they don't want to do it, that's 100% okay with me. don't think it works? absolutely. brian: well, that's going to be talking about today in the republican caucus in philadelphia because among the people, adam a republican who didn't support donald trump but fights in the war and also in the reserves. meanwhile heather has some other news to tell us about. >> yeah. good morning we start in chicago. so much attention focused on the violence there. breaking overnight once again. violence-ridden chicago, six people were shot at a vigil for a shooting victim. all the victims were told will survive. a child was grazed in the head. just sickening. so many peel have been shot in the last 24 hours. six -- the president tweeting rob emmanuel this. if he doesn't fix the cartilage, he'll go on to send the feds. and he went on to say he will accept help but not from the national guard. and two deputies a shoot-out from a packed shopping center. they were investigating a string of robberies along the mississippi border when they spotted the man. the suspect hitting both deputies. the deputy shooting back leaving the suspect dead. now putting all criminals on notice. listen to his message. >> what it means is they need bulk down. if you come and commit a crime, we're going to get you. we're going to make sure that you don't come back to the county. >> shia lebeouf the actor is a free man. a video showing him arrested after his own antitrump protest. >> you can kind of see him in the background there. police say that he ripped off a man's scarf and then scratched a man in the face. the actor live streaming these protests 24 hours a day. he says as long as mr. trump is president, and those are your headlines. steve: four years of the same thing. >> a little off there. brian: you've been very kind to him with that description. steve: by the way, she's been telling us about the waitress who got the $450 tip and i said why $450? a number of people have sent me an e-mail and tweets that said $450 tip probably for the 45th president. brian: you're probably right. ainsley: if you have to do something nice for someone, and you hold that, just go for it. just do it. you'll never regret it. steve: i don't agree with that. but we'll talk about that. meanwhile coming up president trump being hammered for his actions. are they wandered or do democrats have selective memory? i can think of someone who did that in the oval office and so can ed henry. he's next. ainsley: and albright says she's ready to register as a muslim. what? we're going to tell you why. i don't want to live with the uncertainties of hep c. or wonder whether i should seek treatment. i am ready. because today there's harvoni. a revolutionary treatment for the most common type of chronic hepatitis c. harvoni is proven to cure up to 99% of patients... ...who've had no prior treatment. it transformed treatment as the first cure that's... ...one pill, once a day for 12 weeks. certain patients... ...can be cured with just 8 weeks of harvoni. harvoni is a simple treatment regimen that's been prescribed to more than a quarter of a million patients. tell your doctor if you've had a liver transplant, other liver or kidney problems, hiv, or any other medical conditions, and about all the medicines you take including herbal supplements. taking amiodarone with harvoni may cause a serious slowing of your heart rate. common side effects of harvoni may include tiredness, headache and weakness. i am ready to put hep c behind me. i am ready to be cured. are you ready? ask your hep c specialist if harvoni is right for you. after becoming one of the largest broadband companies in the country. after expanding our fiber network coast to coast. these are the places we call home. we are centurylink. we believe in the power of the digital world. the power to connect. and that's what drives us everyday. brian: many on the left calling president trump's executive orders a double standard after conservatives condemn president obama's executive orders. ainsley: but there's one important detail that democrats are forgetting. steve: what is that? let's talk to ed henry down in washington d.c. ed, come on, the last guy who had keys to air force one did this a million times. >> yeah. it's interesting because now you have nancy pelosi, the house democratic leader actually lecturing republicans and say you should becoming capitol hill and legislating. don't be going around congress. you should be legislating and not just issuing all of these executive orders and actions and memorandums that we've seen from donald trump, the new president all this week. she actually called them hypocrites saying congressional republicans hypocritical is an indication to their responsibility to govern. especially in their light to even most restrained use of executive orders like president obama. wait it was barack obama who paved this whole way of governing. donald trump is following. watch. >> the interesting thing or sort of ridiculous thing that we're hearing a lot today is that somehow conservatives or republicans are hypocritical for supporting trump doing executive orders when we criticized barack obama for doing the same thing. no one was against executive orders as executive orders. they're against using them as a substitute for going to congress. this is a great political fight for donald trump to have to go to congress and say, look, the democrats don't want to secure the border. >> and that's what house majority leader you heard him earlier right here on fox and friends saying, look, their strategy is two prong. have donald trump as the new president sort of weed out what they consider to be bad executive actions by president obama and then actually go and work with congress on major things like repealing and replacing obamacare and actually giving it the full force of law, not just executive action. that is obviously going to be the key test moving forward for the president is whether he actually follows through with that legislative action, guys. steve: one other with nancy pelosi she announced yesterday that she was praying for donald trump after he mentioned that voter fraud thing. >> well, you know what, guys? you should be praying in for me because i'm going to be filling in tonight. i've never done that. i filled in when he did the 7:00 but now 9:00. this guy is getting tired of winning. he's sort of like the way donald trump is talking. he just wins every night. i think he's tired, so he just wanted one night off just to sleep because she's so tired of winning. brian: well, good luck. i'm going to be watching. you have our full support, ed. >> thank you, brian, appreciate it. ainsley: thanks. hollywood liberals can't get over their obsession with president trump. >> yes, i have thought an awful lot about blowing up the white house. ainsley: despite the negativity, our next guest says he is a proud christian in hollywood. his story pretty awesome. steve: and cities all lit up in red, white, and blue. but the reason why? not what you think. it's also to honor illegal immigrants. immigrants? "distraction" by joywave introducing the new turbocharged volkswagen alltrack with 4motion all-wheel drive. soon to be... everywhere. they're the power source you can trust to get this ear hair trimming operation up and running. because you can't trust your body not to grow hair here and you can't trust your coworkers not to nickname you ear hair man. and you definitely can't trust that anyone will focus on your business presentation when you've got an armpit on the side of your head. but you can trust double as. that's not just some battery. that's a duracell battery. that's a power you can trust. ainsley: brian said something funny. sorry. this is a very serious story. we have quick headlines for you. she was found dazed and confused this morning. this morning brand-new details about this missing realtor who was found on a freeway in california. she was missing from three days, remember. her mom think so she got lost -- she lost her phone at a park and then got lost without any gps, and she started walking when her car ran out of gas. we're glad she's safe with her family now. and now a man who thinks he can outrun the cops. he finally dumps his passenger and then this happened. >> whoa. whoa. whoa. oh. there it is. he's out. there he is right there in our shot. still kind of dancing around out there. back on olympic. here they go. it's going to be up right in that front yard for sure. there you go out there on the sidewalk, and it's over here on olympic this evening. serene: that announcer like a sporting event. right, well, the guy was arrested of course. i don't know why these guys think they can get away with that. he was arrested and behind bars now. brian: let's change gears. 25 minutes after the hour. faith and hollywood, the two don't go hand and hand. steve: but miracles like heaven that have been put in the spotlight is part of a trend toward more faith-based films. ainsley: devon franklin is the producer of these films, and he is open about his role and how much religion or faith i should say plays an important part in his life. steve: good morning. >> good morning. thanks for having me. steve: you know, we've been talking over the last week or so given how much people in the political left in hollywood seem to be intolerant to the people on the right and in particular donald trump. >> well, you know, it's interesting. might have been hollywood for 20 years. i started as an intern at the age of 18 for will smith. and what i can tell you as of day one, the first interview that i did when i got my foot in the door in hollywood, i let them know i was a christian, and they said we can make room for you. so the hollywood that i've experienced has been very embraced of faith. i mean, case and point just last -- just in the fall, i closed a deal to make movies for 20th century fox. steve: yeah. >> so hollywood i think we don't always tell the story is movies can't get to the masses unless they go to the hollywood system. so there are has been more of an did embraced. i see what you see. steve: well, you see madonna talking about blowing up the white house. >> but that's not the whole story. when you go to a movie theater and see a film that affects you like miracles in heaven. that means there are people in hollywood who believe in this concept and allowing it. brian: just about what a commercial risk it is if you come out on either side pro trump or antitrump because you're telling 50% of the country i'm against you. a lot of people see robert did a deniro and all the comments he made about trump. >> well, i think what it is is everyone has to make a decision about what they want to do and what they want to stand for. and the beauty of not only hollywood but this country is that the opportunity to express your point of view. ainsley: you know what? you were on dr. oz's show. you've been talking about the blessed 30 challenge. what is that? >> this is a great thing that i'm so excited about. dr. oz and i are starting this initiative in february called faithful fridays. and the blessed 30 challenge is challenging viewers to live in the blessings for 30 days. >> what does that mean? >> meaning so many times you're stressed. you wake up stressed, go to bed stressed, and underneath the stress is that you really are blessed. steve: hold on. are you suggesting that if you are faithful, or you have some spirituality in your life, you're actually healthier? >> without question. not only are you healthier, but your life has more purpose. it has more meaning, and we're doing this programming every friday on the dr. oz show in the month of february to really hit that. because people are struggling. there's anxiety. there's frustration. how do i get the life that i want? and we hope that this programming will not only help them, but give them practical tips on how to incorporate faith every day to have the life that will actually bring them more. ainsley: you have to focus on all the positives. the blessing that god has given you. >> that's it. we have to focus on the blessings. there are so many things we want to use to divide us. but to unite us because we woke up this morning. we didn't have to tell our body pump blood or breathe oxygen. and here's the thing. we talk about that this as part of the challenge. for 30 days, no negative talk. so you know what? steve: that's going to hurt a lot of people. >> i have this moment because maybe i'm supposed to get a message. brian: forget about all of that gas in my car. >> thank that i have the money for the gas. ainsley: or stuck in traffic because if i was moving in the highway, i would have got in an accident. >> you're not stuck in the traffic. maybe i'm having a moment listening to the radio i wouldn't have heard or listening to an auto book. you have to flip it every time. ainsley: or maybe i'm stuck in traffic, and he's not anchoring the show with us. >> like with you all? steve: you know, you said something in your first sentence that i think we need to revisit. >> okay. >> so what's will smith really like? >> he's amazing. i love him. we call him uncle will. that's my brother. ainsley: you were an intern, and right on up. thank you for your film. >> thank you. ainsley: i thank you. >> thank you. god bless you. brian: we'll be watching. ainsley: christian, not a christian. i'm just kidding. i'm kidding. i'm kidding. he is a christian. steve: made me laugh with me. brian: you know, i don't have to read this. [laughter] ainsley: all right. former secretary madeleine all bright says she's ready to register as a muslim. what? steve: and trump making good on his campaign promise to make america work again. >> going to make the process much more simple for the auto companies and for everybody else that wants to do business in the united states. steve: so can america get back to the manufacturing powerhouse it was once upon a time? bob, the former ceo chairman of chrysler here to weigh in. coming up next when you have a digital notebook to capture investing ideas that instantly gives you stock prices, earnings, and dividends... an equity summary score that consolidates the stock ratings of top analysts into a single score... and $7.95 online u.s. equity trades, lower than td ameritrade, schwab, and e-trade, you realize the smartest investing idea isn't just what you invest in, but who you invest with. ♪ actually making your body feel better. i'm heather thompson, and that's exactly what tommie copper does for me and my whole family. they call it wearable wellness, and tommie copper has infused it into everything they do. why not treat yourself well this new year? [ male announcer ] go to tommiecopper.com. enter your e-mail to become part of the tommie copper community and get 25% off your entire order. we'll even throw in free shipping. life hurts. feel better. steve: well, your shot of the morning proud american patriot of the rarest kind. ainsley: particular park is a high school senior outside of dc who just got appointed to all four major u.s. military academies. but his call to serve this country happened long before that. >> i would say when i was about eight years old. there was a documentary on the history channel talking about these four service academies, and i thought to myself that day i want to do that. >> and, in fact, even younger than that age when we took him to hawaii and explained the whole history of how japan attacked pearl harbor, and i saw the look on his face. and that forever changed, and i could tell from then on, he wanted to serve. steve: his father fought for korea and currently serves in the american reserve and is keeping his options open. brian: former chairman and ceo of chrysler, also had a hand to do with the place of all the guys in the orange aprons. i'm talking about home depot. who back in the day first alternate at west point, so you could appreciate what that man goes through. >> absolutely. my dad served in world war ii. he went to ocs in georgia and had a profound influence on me. and, you know, i would love to have gone to the academy but, you know, that influence carried with me, steve, through home depot we hired 35,000 veterans when i was there. we had 500 military officers in the program. carried it to chrysler. so we can't do enough for these brave men and women who put their lives on the line for us every day. thank god. brian: and i will say this. you played a valuable role in the wounded warrior project too. so you're always giving back. talk about another part of your expertise, and that's business. when i was watching all of these ceos of the major company go to the tower now to the white house meet with the president. >> yes. brian: i'm wondering what guys like you that toyota, fiat, black & decker, all of these companies are pledging now to hire more in the u.s. and bring manufacturing back. how comfortable are you as a ceo meet with a political leader and being pushed to do something. >> isn't it amazing? you know, if you look at the scale, it has gone 180 degrees now where the president of the united states is pro business, is working intimately with the ceos to grow our gdp, which will allow us to create jobs and get us back, you know, we've been low and slow for eight years. i couldn't be more excited. the opportunity to meet with the president of the united states and talk about some of the things that have hampered our growth, you know, looking at epa restrictions, looking at the contributing facto cafe standards, looking at tax roll back, corporate tax, repatriation. i mean, the optimism now among the ceos and the business community has never been higher. steve: we don't have to leave the country now. >> we don't have to leave the country. this is the greatest country in the world. and thank god we've got somebody that's now pro business. ainsley: yeah, he's meeting with the auto executives. also meeting with union. steve: how crazy is that? ainsley: it's crazy. and i also think more people are going to start to buy american-made cars more than ever because they're supporting you and other -- the other automakers as well. >> think about the union leaders that came outside the construction workers. said he's never had such an optimistic discussion with the president of the united states. so pro america, build america, buy america. steve: but it's so counterintuitive to see a republican president calls in the union leaders who you figure they are all lefties, and they voted for hillary. they come in, talk to happen, they leave in an hour, and they go we love this guy. we're onboard. >> why, steve? because they're interested in jobs for their constituents. and they never had that kind of discussion before that was so encouraging and optimistic about creating jobs for their workers and all the workers here in the united states. brian: so these people watching right now and say, well, the car companies should love president obama. he bailed them out. he saved the car industry. what do you mean this president is addressing the car industry. what do you say to that? >> well, listen, if the car industry went down, it would have been catastrophic. i mean, if you look at the number of workers in the supply chain, it would have been -- brian: so president obama had no choice. >> really. we had no choice. now, remember, how did the car industry get in trouble? it was the financial melt down that created that problem. the ability to get a car loan, fica went up to 750, 5,000 on the book. so westerly really handcuffed and paralyzed during that period. steve: bob, if it is his signature legislation, his legacy, it's obamacare. >> yes. steve: we have a sound byte donald trump talking about if it is repealed, it has to be replaced. listen to this. >> what my plan is is that i want to take care of everybody. i'm not going to leave the lower 20% that can't afford insurance. just sound. people talk about obamacare, and i told the republicans this. the best thing we could do is nothing for two years, let it explode, and then we'll go into a new plan and the democrats will vote for it. steve: what do you think? >> he wants to make it available, and he wants to make it affordable. i can tell you from personal experience. i have a couple of young sons. 30 years old. great health. their detectable is $6,900. and they're playing close to $300 a month. now, how does a 30-year-old afford that? ainsley: you can't afford it. >> my son said i'll pay the penalty. and i said, no, i don't want you to do that. i want you to be covered. but that's the impact. i don't think people really understand the cost aspect that was imposed on this. now, some of the regulations that hopefully he's proposing cross state -- you know, united health care abandoned california because of the cost. brian: and also the businesses, small businesses provide insurance when when they don't have any margin to do it. >> and you look at the small businesses and the tax imposed upon them, they're filing taxes and llc on a small business. this is crippling what was really one of the major fuel engines of our country. steve: sure it's the difference between having a president who has run something in his life as opposed to somebody where it was all theoretical. >> somebody that has to sign the front of the check versus the back of the check. steve: that's a good one. i've never heard that one before. >> that's a big difference.ains. >> thank you very much. ainsley: hand it over to heather who has headlines for us. >> i certainly do. 40 minutes after the hour, president obama tried to get it in at the last minute but that is not going to fly with president trump. the new administration reportedly freezing that $221 million payment to the palestinians. president obama approved those funds just hours before he left office about a week ago. even though republican lawmakers had a hold on that money. a senior palestinian source now telling that the money isn't expected to be handed over in the immediate future. we will keep following that story. madeleine al albright not a muslim but this morning saying she's ready to register as one. the former secretary of state and clinton supporter says she will do it to protest president trump's immigration plans. she tweeted this quote i was raised a catholic and found out later that my family was jewish. i stand ready to register as a muslim in solidarity. well, presiden president trump's executive order have not called for a american muslim registry of any kind. why she uses that word? who knows. it's a slap in the face. boston's mayor defined president trump vowing that that city will protect illegal immigrants from deportation. and he's now using our patriotic colors and lights to prove it. take a look at this his chief of staff now tweeting out this picture of city hall lit up in red, white, and blue with this message. city hall is red, white, and blue tonight. all are welcome here. the mayor challenging the president quote he will never turn his back on those who are seeking a better life. and those are your headlines. a lot of debate about that one. brian: all right. thank you very much. all right. a few more minutes with bob. but first, a historic day on wall street. the dow going past 20,000 for the first time ever. nicole petallides is ready for this day. waiting for the opening bell. what can we expect? >> i was waiting for that day for 42 sessions. and guess what? we have slight up arrows this morning, so maybe we'll make a new record again. we'll see. i'll explain. introducing theraflu expressmax our powerful relief now in pill form. it's the one and only cold & flu caplet that has a maximum strength formula with a unique warming sensation you instantly feel. power through with theraflu expressmax caplets. bp engineers use robotic ultrasound technology, so they can detect and repair corrosion before it ever becomes a problem. because safety is never being satisfied. and always working to be better. because safety is never being satisfied. mone hundredts thousand times a day, sending oxygen to my muscles. again! so i can lift even the most demanding weight. take care of all your most important parts with centrum. now verified non gmo and gluten free. steve: all right. time for some food headlines. want a burger with a side of liberal activism? well, chilies under fire for pro-life advocates for funding planned parenthood with a portion of customers' bills. that's right. people in and indiana kentucky can donate 15% of their meal apparently to planned parenthood. didn't know that. great. and want some free food from chipotle? it's giving away orders of its beloved chips and quacamole to people who play a game online. the catch? you have to buy an entrée. and today only mcdonald's is giving away free mcdonald's of big mac special sauce. 10,000 of them if you're one of the first 10,000 people, you get the bottle. good reason to go to mcdonald's. ainsley: fox business alert. american investors reaping the benefits of the trump bump as the dow jones hits a historic 20,000. brian: nicole petallides from our sister network fox business, which is located near here live at the new york stock exchange, also near here. nicole, you're smiling. >> we're all together. we're all excited here that we saw dow 20,000. we waited since november 22nd when we broke through that 19,000 mark, and you called it the trump bump, and that's exactly what it is. there's been so much optimism. people started to feel so much better just about about everything, including the stock market. our economy, jobs, less regulation, infrastructure, all of these things. and with less regulation and better tax rates and the like, and really a pro-growth policy platform, that really gave a boost. and now as we have president trump nothing rated, and he's moving forward, that was the catalyst to just push us through right through that 20,000 mark. this morning we're seeing some up arrows. i'm not sure we'll make records again today, but it could happen no doubt. take a look at some of the winners that we've seen since the election, names like goldman sachs and jp morgan that have serged 30%, 22%. the s&p 500 a broader index, a lifetime high there as well, names like united rentals, transocean. also winners. we saw the dow break through the 20,000 mark right at the top and even president trump wrote a tweet. great he wrote. dow 20,000. #dow20,000 at the white house. so we saw enthusiasm from the president as well. back to you guys, and i hope for your 401(k)s it will move higher again. brian: indeed 30,000. steve: i might start looking at it again. we know he can move on stage. but did you know this country music legend can also cook? ainsley: country music legend and our friend larry gatlin is here. steve: oh, larry. ainsley: he's letting us in on one of his wife's secret recipes. brian: i want to check in with shannon and find out if she's going to try to top this segment. >> i cannot cook. i can make reservations. [applause] steve: all right. good job. >> by the way, coming up, you know president trump's reportedly getting ready to take more executive action today. that could send his critics into overdrive. we're awaiting a possible executive order that could drastically change the way foreigners do or don't come to the u.s. is this going to be the extreme vetting he promised during the campaign? but there are some on the right who actually worry the president may be going soft on one particular immigration issue, and you're going to hear from them too. and plus the president is waiting to take the first official flight on air force one this morning. we'll tell you where he's going and bring it to you live when it happens. bill and i at the top of the hor wouldn't a deal on car insurance involve two parties discussing something? why not give you some say? or let your driving do the talking. liberty mutual righttrack® finally puts you in control. with savings of up to 30%, with an initial discount just for signing up. take control of your rates. visit a local office or call liberty mutual today at liberty stands with you™. liberty mutual insurance. >> it's hard to sing this song in front of the guy who does it. >> i love it. ainsley: i asked you, and you said stop. so don't even say. steve: the proper introduction. serene: that's right he is a country music legend and our friend with over 60 years on top of the charts with hits like this. we have grammy-award-winning singer larry gatlin. like songs like that that you just heard. steve: 60 years. >> 60 years of singing with the brothers. steven rudy. not 60 years on top of the chart. 40 years since we moved to nashville. and we've been blessed. eight number one records that i wrote for us. and we've been grateful. when people tell me, larry, you sang great tonight. and i said i better sing great because those two are going to sing great, so i have to hold up my end of the deal. brian: very talented family, i wish i felt the same about my brothers. let me down. but you have to cook for yourself sometimes. >> i do. brian: how do you do it? >> it's called king ranch enchiladas. so what you do first, and my wife janice is watching in the hotel room. you put whatever this is in. sour cream. ainsley: why didn't you bring her in here? >> she's the limelight. you put the sour cream in there, and this is a mixture of some stuff and some other stuff. >> i could eat some chicken. >> hey, you take care of your knitten, and i'll take care of mine. steve: enchiladas. >> you put stuff and all she saw know that you use your fingers. i did the pureel thing in the restroom. you put the stuff labeled stuff and more stuff. steve: i thought it was a secret recipe. >> don't want to give it pick up. brian: we never found out. ainsley: you put the stuff, and you put cheese on top. >> and it's just like this. steve: don't be afraid to use larry gatlin's hand. and then through the magic of television, we just baked some up. voila. there you go, ms. ainsley. ainsley: larry. brian: and what do you call this? steve: king ranch enchiladas. you haven't been watching the segment. >> go take your meds, brian, and come back with us when they kick in. steve: go to fox and friends.com. we're going to talk to larry about his clothing. amber: by the way, this oven is really on. it's really hot. ♪ ♪ what makes this simple salad the best simple salad ever? heart healthy california walnuts. the best simple veggie dish ever? heart healthy california walnuts. the best simple dinner ever? heart healthy california walnuts. great tasting, heart healthy california walnuts. so simple. get the recipes at walnuts.org. when you hit 300,000 miles. or here, when you walked away without a scratch. maybe it was the day your baby came home. or maybe the day you realized your baby was not a baby anymore. every subaru is built to earn your trust. because we know what you're trusting us with. subaru. kelley blue book's most trusted brand. and best overall brand. love. it's what makes a subaru, a subaru. >> from cooking to clothes, you have a new clothing line called american legends. >> told me about his grandfather selling the clothing company. we're bringing it back on shore. gatlin brothers, liberty legend clothes, go look it up. >> bill: thanks, everybody. good morning, we're learning new details on the plan to crack down on refugees coming in from the middle east. president trump taking on his promise to stop the influx of people from certain countries in the middle east. we're learning about this now. good morning, everybody. it has been a packed week so far. off we go running again. good morning, shannon. >> shannon: i'm shannon bream in for martha maccallum today. mr. trump expected to temporary stop
congressman james clyburn will join us live with his reaction. and information lockdown. multiple federal agencies are restricting staff from communicate with the public since president trump's inauguration. one of those agencies, badlands national park, is now trending after a social media blackout. plus, more breaking news. the dow jones average hits 20,000 for the first time in history. cheers broke out on the trading floor. we'll get a live look at the markets and talk to cnbc about what it really means for your wallet. good morning. i'm tamron hall coming to you live from our msnbc headquarters in new york. president trump is calling for a, quote, major investigation into his claim of 3 million to 5 million cases of voter fraud. now there is no evidence of widespread voter fraud in this past election. the question is, will he follow through with that tweet? this morning's tweet comes before he's set to sign executive orders on immigration and the border wall. nbc news has learned one will fulfill his signature campaign promise to build a wall on the mex conborder. a senior administration official tells nbc news another will prioritize the removal of criminal aliens. nbc news white house correspondent kristen welker joins us live. now let's start off with this breaking news this morning. the president saying there will be a major investigation. here's what his spokesperson sean spicer said yesterday. you were present when we talked about how the president thinks. >> his concerns, voter fraud and people voting illegally during the campaign. he continues to maintain that belief based on studiesnd evidence people have presented to him. the present has believed that based on studies and information he has. >> so kristen, you were there. what are you hearing this morning? this has been at least as we've seen just bipartisan outrage. >> that's right. i was there yesterday during that briefing. the white house press secretary sean spicer was pressed about whether there would be an investigation. he said anything is possible. today as you pointed out, president trump saying there is going to be an investigation. let me read you the tweet from president trump and get reaction on the other side. he said, i will be asking for a major investigation into voter fraud including those registered to vote in two states, those who are illegal and those who are registered to vote and are dead, many for a long time. we'll strengthen up voting procedures. that's the tweet from trump. this is a widely debunked claim. there's no evidence of this. you have attorneys general in various states saying they stand by their voting results and see now evidence of fraud. take a listen to what his fellow republicans had to say. >> i've already commentod that. i've seen no evidence to that, fect and made that very clear. >> i can't help you very much on what the president says he believes. i don't have any evidence of that. >> there's no evidence of that. and i think that those who allege that have to come up with some substantiation of the claim. >> i am begging the president, share with us the information you have about this or please stop saying it. >> so pretty sharp words there, tamron. i'll be back in the briefing room today. and among the questions, is there actually going to be an investigation? who will he direct to carry out this investigation? and when will it start? so a lot of unknowns there with this tweet essentially indicating that the president is serious about trying to get to the bottom of what he alleges is widespread voter fraud. >> unknowns there. what do we know about these executive orders today? >> a lot unpack. here's what we know. according to a senior administration official, president trump going to follow through with his signature campaign promise starting the process of building the wall. what specifically is he going to sign? he's going to direct pre. existing federal funds to start the process of building the wall. but it is incredibly expensive proerks tamron. mated at more than $6 million per mile, per level of the fence. so you're talking about many millions of dollars. if he needs additional funds, he will likely need congressional approval for those additional appropriations. so that's an outstanding question. n then the administration insists that mexico will pay for the wall. mexico insists it's not going to pay for the wall. how is that process going to work? we also understand that president trump is going to sign an executive order today directing federal officials to focus on deporting those here with criminal records illegally. that by the way is already in place. so the real thing we'll be looking for, how much of this is optics and how much of this is actually action? now there are a number of other executive orders, we are told, that are in the works, including banning people from predominantly muslim countries, countries like iraq, iran, syria and yemen. and he's also looking into the possibility of reopening those so-called black sites, those foreign sites that were csed under president obama where detainees were held, detained and in some cases tortured. a lot to unpack here at the white house. president trump set to sign all of that at the dhs this afternoon. >> let's start with the black sites. what kind of or does he -- would it require any support from lawmakers, specifically people like john mccain who have come out against torture and other issues of concern related to this and potentially banning groups of people based on religion. >> that's going to be the debate. how much approval does he need from congress? how much latitude does he have to act unilaterally. he is likely going to get some strong pushback not only from those members of congress who you mentioned but also from national security officials who have said that they are not going to follow through with orders that greenlight torture. this is something that was ended under president obama. one thing to know about executive orders is that often they don't have a ton of teeth. will he be able to find some loopholes around that and try to put some of this in motion himself? >> for more on president trump's call to look into voter fraud, i'm joined by ari melber. let's go to this tweet and the president saying he would launch this investigation. is there any bite behind that tweet? >> i don't know if there's bite but there is no widespread voter fraud. this would be an investigation into something, as you showed in your open, there is no evidence of according to republicans and democrats alike. the study that sean spicer referred to yesterday, speaking not onliy on behalf of the present but on behalfful the united states. as primary author of the report the trump camp cited, i can confurm that report made no findings of voter fraud. there are not any allegations that have been taken seriously. there were about four cases of in-person voter fraud found in the last election. one woman voted for trump twice but nothing on the scale of 3 million to 5 million. we're asking the white house today, we submitted questions about what he's asking for because, is this a criminal probe? is the president serious? he's now the president. is he saying the doj should look at this and prosecute 3 million to 5 million people, or is he talking about something else? >> for people, and i have a very savvy audience here, but 3 million to 5 million, for perspective, would be unprecedented. one of the largest criminal investigations if they were going to follow it criminally that we've seen. >> let's take voting out of it. imagine that on election day 3 million people stole cars. but nobody saw them do it and no local authorities investigated it. and now the president or some other person if you don't want to make it about him, has it these 3 million crimes occurred. no, this is ludicrous and unfound and has to be addressed as such. it is perfectly possible for the government to review voting. we've looked back at that, usually not in a criminal context but there's a presidential commission on election administration. president obama did, designed to be a bipartisan look at how this works. the carter/bacon commission, the help america vote act bipartisan in congress, and then the ballot access and voting integrity initiative under george bush. the problem with some of the way donald trump is communicating here still on twitter but these are the president's words is he's taking something that could be okay, a review of voting, and making it sound as if it supports falsehoods and lies that he has pushed before. bottom line, the only thing they found wrong is voter registration because when people die and move, sometimes that isn't updated on the rolls. he's used this to suggest that paperwork might mean people are voting in person, 3 million to 5 million, and there's no evidence of that. we're going to look at the briefing this afternoon and the justice department to clear up some of the falsehoods that president trump is putting out. >> thank you, ari. joining me you, congressman james clyburn, the assistant democratic leader in the house. thank you for your time this morning. >> thank you very much for having me. >> i have a release that includes you and congressman cummings, brady as well, demanding proof of unsubstantiated republican claims of voter fraud. you've sent this letter out. what do you demand? what do you want to hear from the president and his team? >> i would like very much for the president to produce whatever evidence he may have and so that the committee over here that congressman cummings is the ranking member of can take a look into this. i suspect that congress would have a tremendous interest in doing whatever it can to prevent any such thing from occurring. what i would love to see, i would life to see the president come forward in his infrastructure program, whatever plan he brings up, let's include voting machines and apparatus in that because i believe if everybody in this country were to have the kind of voting machines that allows for a paper trail to be developed, a lot of what has gone on now, a lot of angst that we hear all across the country could be solved. i know in my state, i am not comfortable with the reliability of the machines that we use. and i would love to see machines that allow for a paper trail. and i think that the infrastructure program that the president is proposing would be a very good vehicle from bringing a lot of integrit sboe the process. >> there are many who wonder if the president and maybe some of those who continue to say that there was voter fraud with no proof are de flecting from more serious issues concerning redistricting. some controversial voter i.d. laws, things that are substantive and have perhaps been proven in court to be an issue, including the texas voter i.d. law that was just struck down by the supreme court. >> as as well, as the north carolina law that is currently being challenged. i believe that to be the case. now we must remember that the attorney general designate, if he is confirmed, he has the background in chasing dubious voter fraud claims. i knew alfred turner and his wife very well. and he was advised as the attorney general down in alabama not to bring those cases because it had no factual base for it. he brought them anyway. there is no factual basis to be seen for this investigation but the president is investigating it anyway. i'd like to know who is advising him to do this. and this will have the country paying attention to a rabbit chase while the attorney general continues to allow states to dilute the voting strength of african-americans and brown and hispanic americans. he will continue to allow these kinds of what i call creative devices to be developed in states all across this country that neutralizes and dilutes the vote of people of color. >> congressman, you attended the president's inauguration when others said that they would not. did not see him as legitimate. many read your actions as being willing to listen here and possibly work with this administration. here we are, the first few days with the president standing behind conspiracy theories, a series of executive orders that in many cases are not quite clear. today we're talking about this border that costs millions of dollars. funds existing and potentially more funds but no plan on how to make mexico pay for this. when you look at the credibility scale you were clearing willing to weigh in the side of conversation, where do you stand today? >> i am all for working with this administration. he is going to be president for the next four years, hopefully not beyond that. and i want to work with him. and as i have worked with republicans in my delegation, i am the only democrat in my congressional delegation, and i think all six of those republican s will tell you thati work very closely and effectively with them. i want to work with this white house as i've worked with the speaker of the house. speaker ryan will tell you that i've worked very closely with him and he's put into 17 of his appropriations accounts my 10, 20, 30 program that he believes in, and i appreciate that. so i can sit down with this administration. we can talk about ways forward that would be mutually beneficial to the president and to my constituents. and i'm all for doing that. so i'm going to conduct myself as a member of congress from south carolina with the realization that he is going to be the president, and i want to work with him on behalf of the american people. >> just quickly going back, how can you work with the president if he is willing to continue to pass along, in this case, again, one week in, something that has been proven false? >> well, you know, i have been pretty good over the years at compartmentalizing things. i can oppose the president on these chases down rabbit holes and still work with whoever in his office will be working with putting this budget together, putting these appropriation bills putting. those things would be separate and apart for what may or may not be taking place with the judiciary committee here in the house and his attorney general. the attorney general would not be working on the budget. and so i can -- i got staff that can help me do both those things pretty effective leave. >> congressman james clyburn, thanks for your time. and some breaking news to report. the dow jones average crossed 20,000 for the first time ever. that happening this morning. cnbc's courtney reagan joins us wi perspective on it. you have some that bieve this is as a result of executive orders to the pipelines the president wants to pursue. is there any proof of that? how do we process these numbers with what's happening in washington? >> good morning. so it's all about expectations usually for the stock market. and that's basically what's happening here. when president trump was initially elected we saw a really big run in the stock market. across the averages and really across many of the sectors, especially those that would be direct beneficiaries of some of the campaign promises like cutting back on regulations. spending on the country's infrastructure, cutting tax rates for both the individual and at the corporate level. and that lasted for a good month after the election. and then we got a bit of a stall out and that was mainly because there wasn't a lot of action that he could really take at the point when he was just president-elect. now that he has been inaugurated as the 45th president of the united states n has begun to sign those executive orders, the market is beginning to see that as a fulfillment of his promises during the campaign. and whether or not you agree with them politically, it is something that the market sees as growth. a forward step for economic growth. when you talk about things like building the country's infrastructure as well as things like cutting the corporate tax rate. that means that profits are higher. it allows companies to be able to invest that money. return that money to shareho shareholders so then perhaps consumer spending will go up. that's why we're seeing what we're seeing today. the dow crossed 20,000 for the first time today largely because of what we saw out of boeing. they did report very promising quarterly results. and that was what bumped us higher just for today. but overall the trend that we saw most are definitely linking back to president trump's policies or proposed policies. >> courtney, thank you so much. coming up, how is the latest news about the wall with mexico? how is it playing long the border? wool take you there live. plus this. >> outstanding candidates, and we will pick a truly great supreme court justice. >> president trump says on twitter he'll announce his supreme court nominee next week. and we're getting a look at the names on the short list as democrats prepare for a fight. ♪ everything your family touches sticks with them. make sure the germs they bring home don't stick around. use clorox disinfecting products. because no one kills germs better than clorox. parts a and b and want more coverage, guess what? you could apply for a medicare supplement insurance plan whenever you want. no enrollment window. no waiting to apply. that means now may be a great time to shop for an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. medicare doesn't cover everything. and like all standardized medicare supplement insurance plans, these help cover some of what medicare doesn't pay. so don't wait. call now to request your free decision guide. it could help you find the aarp medicare supplement plan that works for you. these types of plans have no networks, so you get to choose any doctor who accepts medicare patients. rates are competitive, and they're the only plans of their kind endorsed by aarp. remember - these plans let you apply all year round. so call today. because now's the perfect time to learn more. go long. in just a couple of hours, president trump is expected to sign multiple executive actions relating to immigration tweeting last night, we'll build a wall following the line we heard so often during his campaign. >> we will build a wall and, yes, mexico will pay for the wall. >> will build the wall. >> we will build a wall and mexico is going to pay for the wall. >> now president trump will reportedly meet next tuesday with mexico's president pena nieto. it will be their first official visit since trump was elected. gadi schwartz is in the border town of nogales, arizona. so there are many concerns here as we know initially. supposed to be federal dollars put in place here. you have american people w are worried the taxpayers of the united states will always be on the hook for this and that mexico will never pay. and that maybe the wall is not the solution to this ongoing problem of many years. >> that's right. we've been hearing all sides of the equation here. in fact, right by a bus station over here in nogales, mexico. we're on the arizona side. you see buses pulling up. this is the border fence separating the united states and mexico. and through this fence throughout the day, we've been chat with a lot of people that have been waiting for the bus in mexico. we've asked them about those issues. we've asked them what they think about the wall. what they think about this fence. first off, a lot of people over on that side do not take this particular fence seriously. they say that it takes about 15 seconds to get across this fence and then they are apprehended by border control. so there is a sense that border patrol is on top of things but the fence itself is not necessarily the deterrent. we've been asking people what they think about the wall. some people say there's always going to be a will and a way to get over. others think this is going to be a deterrent. take a listen. >> you think he's going to bible to do it? >> no. she said she's not sure if he can do it. maybe he can, maybe he can't. [ speaking spanish ] what do people think about donald trump? she says a lot of people are mad. a lot of people, she says, it affected a lot of people. >> when it comes to paying for this wall, we asked mexicans about it. they said that they have heard enrique pena nieto, the president of mexico, has pledged mexico won't be paying for it, but they don't really trust him. >> thank you, gadi. coming up in other news, outbreaks of the highly contagious noro virus spreading nationwide. millions have been sickened. even schools now forced to ose. we'll get an update. plus, dash cam video shows the moment a passenger train slams into a truck slicing it in half. we'll have the details on what happened after that accident. we're updating it around the news nation after a short break. at angie's list, we believe there are certain things you can count on, like what goes down doesn't always come back up. [ toilet flushes ] so when you need a plumber, you can count on us to help you find the right person for the job. discover all the ways we can help at angie's list. the nasty virus that's closing schools and making millions miserable across the country tops our look at countries around the news nation. outbreaks of the norovirus, it's a stomach bug, that hits fast and hard are being reported around the country. one chicago high school was shut down after more than 1,000 students and 50 teachers caught the virus in just a few days. outbreaks in rhode island caused several schools there to close. to disinfect classrooms and cafeterias. it hit some 20 million americans a year. and there's no vaccine. it's extremely contagious. minnesota governor mark dayton says he has prostate cancer. he's being treated at the mayo clinic. he collapsed at the state of the state address monday night but plans to continue working and will be transparent, he says, about his condition. >> i don't expect it to, other than a very short period of time, to impede my performance of my responsibilities. but i'll know more next week. >> and his fainting spell was not related to his cancer diagnosis. today georgia's governor is touring counties hit by deadly storms and tornadoes this weekend. and he said he expects the federal government to sign off on a very soon. the governor heard from fema yesterday that it has completed a round of assessments where the first round of storms that struck the albany, geora, area rlier this month and he has every reason to expect the second request f money related to the latest storms will be granted quickly. county officials felt abandoned by fema after a january 2nd tornado that left $50 million in damage. 16 counties are now under a state of emergency due to the storm damage. in and in north salt lake utah, this dramatic video was caught by a police officer's dash cam on saturday. look at that. the exact moment when a train slams into a fedex truck. the train just missed the cab. no serious injuries, incredibly. the accident is under investigation as authorities look into why the crossing arms weren't lowered to warn the drivers of the oncoming train. coming up, multiple federal agencies reportedly restricting staffers from communicating with the public, including on social media. this coming after a former national park employee posted tweets on climate change that many see as a protest against trump. that was on an official government twitter account. all of this is sparking fears of a broader crackdown across the government. we'll dig behind the headlines to find out what exactly is happening. will your business be ready when growth presents itself? american express open cards can help you take on a new job, or fill a big order or expand your office and take on whatever comes next. find out how american express cards and services can help prepare you for growth at open.com. new developments over allegations that several federal employees have been asked to stop making public comments since the inauguration. buzzfeed reports the department of agriculture told employees last night that an earlier e-mail barring some public communication was released without official guide apse and is hereby rescinded. reports of a communication lockdown now. this came from several media outlets, including nbc, after the interior department was temporarily banned from twitter friday after it retweeted a photo comparing the size of the 2009 and 2017 inauguration crowds. on monday, the epa and the department of agriculture sent an employee e-mail to employees about suspending pli information and told nbc it was temporary for the agencies to assess the communications process for a new administration. yesterday, if you are still following me, the badlands national park twitter account sent out several tweets about climate change, including one that said burning one gallon of gasoline puts nearly 20 pounds of carbon dioxide into our atmosphere. those tweets deleted. and a park service official blamed them on a former employee who they say was not authorized to use the account. democratic congressman elijah cummings is concerned about this reported blackout. >> i just want to make sure that all of those federal employees who have anything that they want to say to congress, because there's some confusion now as to whether they can talk to us. the law protects you and i will do every single thing in my power to make sure you're protected. call me. i want to talk to you. >> chief legal correspondent ari melber is back looking into some of the headlines, some of the accusations here. we know that badlands national park for example trending. they had a couple thousand following them. now they're in the tens of thousands of people following them because of the high interest in what's going on here. >> right. that's an interesting thing in and of itself. an old streisand rule on the internet if you try to make something go away, it gets more attention from when she tried to get a photo removed. there are questions here although not evidence to be clear of a federal wide ban on all agencies. we did talk to the research service there at the agriculture department. that original e-mail said starting immediately and until further notice that group, ars, will not release public facing documents. this is not limited to news releases, photos, fact sheets and news feeds. that's the language since rescinded. an official said this is not a new policy. susspengs of public policy was going to end in a matter of weeks. that's chris bentley who i spoke to on the record about this. there is some documentation about this. there's often a pause at certain agencies during a transition. there was memos that show this in the 2009 obama administration handover. so there is some fair notion that this has happened before and allows them to get on message as they get new people in office. having said that, you raise what are still swirling questions which is a momentary pause to do that is different from deleting things, particularly is different than if any of this comes out of a certain of political goals or messages. >> if this is a result of a retaliation, if the tweet goes up about the crowd size, if the president doesn't like it, is this pause the result of that information that is not to the pleasure of the commander in chief? >> right. that is not how it's supposed to work was something we've emphasize and will continue to do so is the federal government is, for all of us, paid for by all of us. so it is not supposed to respond politically to any particular goal or set of concerns that just involve politicians, even the president. it is supposed to have a wider set of standards. the other piece to this that's interesting when you mention the deleted tweets is we're in this new era. people think when you say tweet or the internet it sounds less important. the law doesn't see it as less important. the federal records act requires that you maintain all records. just as in the same way agencies cannot burn a document, just because they decided they don't like it anymore or want to rescind it. even when you rescind it, you have to save it. the same is according to tweets. you are not supposed to delete things in the same way you aren't supposed to destroy documents. >> so right now, what is the official word from the white house? because this all still sounds very cloudy. >> i think it is cloudy. the white house has said at the white house briefing yesterday they are looking into this. they are certainly not trying to execute any kind of ban. as i mentioned from some of the officials we've been able to reach there is not the suggestion that the very fact of doing this is new or specific to the trump white house. so in fairness to them, this is not any kind of federalwide ban but there are questions about records retention and the way forward. >> thank you very investigating ararry. we'll see what happens later at the briefing. environmentalists say they'll resist president trump's plans to advance construction of two controversial pipelines. but how can they stop the executive order? up next, i'll talk live with the tribal chairman of the standing rock reservation. where do they go from here? i'm a concrete mason. i own my own company. i had some severe fatigue, some funny rashes. finally, listening to my wife, went to a doctor. and i became diagnosed with hodgkin's lymphoma ...that diagnosis was tough. i had to put my trust in somebody. when i first met steve, we recommended chemotherapy, and then we did high dose therapy and then autologous stem cell transplant. unfortunately, he went on to have progressive disease i thought that he would be a good candidate for immune therapy. it's an intravenous medicine that is going to make his immune system evade the tumor. with chemotherapy, i felt rough, fatigue, nauseous. and with immune therapy we've had such a positive result. i'm back to working hard. i've honestly never felt this great. i believe the future of immunotherapy at ctca is very bright. the evolution of cancer care is here. learn more at cancercenter.com appointments available now. mom,on my car insurance of money by switching to geico. i should take a closer look at geico... you know, geico can help you save money on your homeowners insurance too? great! geico can help insure our mountain chalet! how long have we been sawing this log? um, one hundred and fourteen years. man i thought my arm would be a lot more jacked by now. i'm not even sure this is real wood. there's no butter in this churn. do my tris look okay? take a closer look at geico. great savings. and a whole lot more. the keystone and dakota access pipelines will be fast-tracked due to president trump's executive orders signed during this hour yesterday. now the secretary of state, which would be former exxonmobil ceo rex tillerson, if he's confirmed next week, would have to decide on an application for a permit to complete the keystone pipeline within 60 days. the army corps of nmge engineer been directed to review and approve it in an expedited manner to the extent permitted by law. cal perry joins me from bismarck, north dakota, by phone with the latest developments on the president saying this is still negotiating -- he still wants to negotiate, particularly where the pipes are made. >> yeah, that seems to be a big part of his sort of business acumen about not only the dakota pipeline but the keystone pipeline. if you look at the dakota pipeline and we've got an sl excellent map that shows you where it's cutting through the country and how much is completed. it runs for over 1,000 miles but only has about 1,000 feet left to be completed. and it really is just that section by the missouri river. that's lending weight to the argument this should just be finished. the investment has already been made. the pipe has already been laid. the pipeline is almost completed. so the argument not only on behalf of the president, but also of energy transfer partners, the company that's building this pipeline is we should just be allowed to complete it. it was on track under president obama until he rescinded that permission to finish the final piece. that's the argument to just finish this pipeline. >> so when we're looking at it and i'm sure you saw, cal, the markets are responding, it seems, in a positive way to there being some movement forward. a different direction than the obama administration but movement forward as it relates to this executive order here. the timeline, what are we looking at here for progress, if it is to move forward? >> so you mentioned the process that the army corps of engineers will now go back to in order to approve the pipeline. the thing many people and environmentalists and the tribe is looking for is an environmental impact study. there hasn't been an environmental impact study done yet and the concern is this could pollute the water supply. we're talking about 17 million people living down river from where this pipeline will be complete but again, there's this reality on the ground and it's certainly true here in bismarck. the pipeline was originally to run through bismarck. you talk to people here, they're exhausted from the protests. exhausted from the media. yesterday the post office in downtown bismarck was shut down by riot police and protesters. there are people here who want this to be completed. >> cal, thank you. hundreds gathered near the white house yesterday to protest president trump's executive orders on those pipelines. more protests took part around the country, including a large rally in seattle. at the standing rock reservation, the center of the resistance, some tribal leaders say they were prepared for president trump's orders. >> it wasn't a surprise. we knew this was going to happen, and we've been preparing for it. you have to take an historical perspective of who we are. we've been resisting since point of contact. >> the chairman of standing rock, david archibald, thank you for your time. so i know that you are looking into limits of the executive order. it's been less than 24 hours since the president signed that executive order, but as you stated and others, you were prepared for this. so the question is what next? >> we were prepared for president trump to take a run at everything we had accomplished over the past two years. we had asked for an environmental impact statement because we had concerns. and the troubling thing is that this president is circ ump ventivent i circumventing federal law. we have the environmental protection agency was put in place for a reason. it was because corporate world was contaminating water. the corporate world was contaminating our air. corporate world was contaminating our lands. so for this president to come in and say we're going to streamline everything and forget the environmental protection agency, forget all the federal agencies that are making sure that the things that are important to this world are protected. he's coming in just trying to streamline everything for money and greed, and there's a huge convict of interest with this. he received a lot of money, $100,000 from the executive of energy transport partners for his campaign. he also has investments in philips 66 where this crude oil will be shipped and get refined. these going to benefit. and a lot of the lawmakers get contributions from the industry. so the federal laws are in place to try to facilitate the fossil fuel development. and keeping in mind these laws are being created by people who receive money. so this is not about protecting people or complying with law. it's about money and greed. and this president, this nation better start bracing itself for what's to come if we're starting to witness in the first four days him using an executive order to circumvent federal law. it's not right, and it's something that we better get ready for. i was disappointed that it came this soon because we had worked so hard for the last two years. and the president didn't even reach out to try to hear our side or understand the concerns. there are local issues that are taking place and we've been working with the state government to try to address these issues. now this just stifles all the work that we've been trying to get accomplished in the last few months. >> i know that you have had continuous talks with the congressional delegation looking for some assistance from members of congress. the delegation all support the pipeline here. not to paint this as a battle that is over, but your legal and political remedies at this point, what do you see as your next best chance? >> you know, we're going to continue to look at the validity of this action. and we're going to continue to talk to anyone that would be willing to listen to to try to understand why there is resistance and we're going to continue to try to get support from congress, who are not fed by the industry, and really open america's eyes on what's happening here. this is scary times especially if epa is given a gag order not to comment on anything, not to put anything out on media, not to discuss this issue. this is -- this is a scary time for america, and this is not about making america great it's making america bad again and abusing american indians again. >> thank you, i appreciate you joining me. this morning president trump will announce his supreme court nominee we're being told perhaps by thursday next week. as we look at the names on the short list, what kind of fight can trump expect from democrats? we'll look at the short list, their backgrounds, why they have made this group of people that apparently are on the final trump list. ♪ everything your family touches sticks with them. make sure the germs they bring home don't stick around. use clorox disinfecting products. because no one kills germs better than clorox. when i was too busy with the kids to get a repair estimate. i just snapped a photo and got an estimate in 24 hours. my insurance company definitely doesn't have that... you can leave worry behind when liberty stands with you™ liberty mutual insurance a daily briefing on politics. supreme court nominees the headline. for a closer look at potential picks for the high court, nbc news senior political editor mark murray. three names emerged and consistent. what can you tell me about these individuals in. >> the first is bill pryor. he's someone who is very close to donald trump's nominee to be attorney general, jeff sessions, both from alabama and bill pryor has a conservative background, once called roe very success wade the worst abomination in the history of constitutional law. despite that conservatism he's recently come under fire for upholding a lower court ruling cited with a plaintiff for not getting fired for being transgender. that ruling made some conservative groups a little bit angry. so the person who night be the slight front-runner right now is neil gorsuch, who sits on the tenth circuit court of appeals. neil gorsuch has drawn parallels to antonin scalia, people see him as a strong textualist, someone who studies closely the words of the constitution and doesn't necessarily consider the constitution a living or breathing document. and then the third person on the list is thomas hardiman on the third circuit court of appeals. he put himself through law school driving in a taxi and of course he also is very conservative and these are the people right now who are considered to be the front-runners, although it wouldn't be surprising if there's another name that comes outside of the three. >> let's talk about the battal head. chuck schumer being vocal, what if anything can democrats do if they don't get the moderate republican, some say, they want? >> you're right, tamron. chuck schumer said we want a justice that is inside the main stream, and democrats have the ability to filibuster. now that said, republicans could decide to be able to break the filibuster where they need a simple majority and of course republicans control the united states senate right now. i think one important context in all of this while democrats have the potential opportunity to transform the court, this is the scalia pick if republicans put a conservative on the court it balances out the court. it doesn't reshape the court. or fill a big order or expand your office and take on whatever comes next. find out how american express cards and services can help prepare you for growth at open.com. parts a and b and want more coverage, guess what? you could apply for a medicare supplement insurance plan whenever you want. no enrollment window. no waiting to apply. that means now may be a great time to shop for an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. medicare doesn't cover everything. and like all standardized medicare supplement insurance plans, these help cover some of what medicare doesn't pay. so don't wait. call now to request your free decision guide. it could help you find the aarp medicare supplement plan that works for you. these types of plans have no networks, so you get to choose any doctor who accepts medicare patients. rates are competitive, and they're the only plans of their kind endorsed by aarp. remember - these plans let you apply all year round. so call today. because now's the perfect time to learn more. go long. the search for relief often leads... here... here... or here. today, there's another option. drug-free aleve direct therapy. a tens device with high intensity power that uses technology once only available in doctors' offices. its wireless remote lets you control the intensity, and helps you get back to things like this... this... or this. and back to being yourself. aleve direct therapy. find yours in the pain relief aisle. thanks for watching this hour of "msnbc live." i'm tamron, right now on msnbc, "andrea mitchell reports." >> thank you, tamron hall. right now on "andrea mitchell reports," homeland. the president heading to the homeland security department next hour to sign an executive order launching what could turn into an $8 billion wall along the border, with no commitment yet from mexico to pay for it. >> walls can be easily breached but i believe that through the use of drones, through the use of towers that we are building on the arizona/sonora border are effective. we can secure our border but it isn't just with "building a wall." >> mr. trump also planning to restrict refugees mostly muslim from targeted countries. next up, reopening the debate on torture and prisons. false claims, trump calling for an investigation on widespread voter fraud. zblts hee zblts. >> it's a
>> another quiet day. >> let's just begin with the serious backlash that we have been watching all weekend from members of the own parties, that began after president trump signed on friday and executive order that temporarily bars them from seven majority countries, white house chief of staff priebus says that he has nothing to apologize for, and to the travel ban could be expanded if necessary. >> this was a promise that president trump had made, and it is a promise that he is going to keep. he is not willing to be wrong on this subject. we need to do our best to be vigilant and protect americans. perhaps we need to take it further, but for now, the immediate steps, pulling the band-aid off, we are doing further vetting for people traveling in and out of the country's. >> meanwhile, top democrats in the travel ban, saying that they will introduce legislation to stop it. the majority whip, on "fox news sunday" ." >> thank goodness that the federal brooklyn judges trying to stop the executive orders. it was an impulsive move by the president without follow-through to the department of homeland security. when we contacted customs and border protection at the airport, they just sprung this on us. >> and we have this emotional response from chuck schumer. >> this executive order... was mean-spirited, and un-american. it was implemented in a way that created chaos and confusion across the country, and it will only serve to inspire those around the globe who will do us harm. >> chief white house correspondent john roberts joins us live from the white house, we just heard the president react to those tears flowing from chuck schumer saying that there was 5% chance that they were real. >> good afternoon to you, getting a lot of pushback from the staff and the president himself on all of the complaints. all of the criticism of this executive order that went into place on friday. the president tweeting this morning, and us on the personal account, not to the head account. but only -- big problems in airports were caused by delta computer outage, protesters, and the tears of senator schumer. this is all going against making america safe again. there is nothing nice about searching for terrorists before they can enter our country. this was a big part of my campaign, study the world. the president also, a short time ago mocking that emotional response by senator schumer saying that a lot of people were being detained at airports during the weekend, listen to what the president said. >> we actually had a very good day yesterday. in terms of homeland security. i noticed that chuck schumer yesterday with fake tears, i'm going to ask him who was his acting coach, because i know very well. i don't see him as a crier. if he is, he is a different man. there's about a 5% chance that it was real, but i think they were fake tears. >> let's not forget that senator chuck schumer and president trump have known each other for a long, long time. but opposite sides of the ideological fence as well, and i mentioned that we will probably see tensions between them continue. if there were some complaints even from some republicans about you what you were talking about earlier. at this being rolled out so quickly that did not even border protection or dhs was told how it was going to work throughout the country, but they wanted to get it out there quickly, because they wanted to make sure that they protected the homeland to the utmost ability that they could. here is stephen miller, the president senior advisor on domestic policy. listen. >> i think from a safety standpoint, if you announced in five days, ten days that they would become the travel restricted, you could have and enormous consequence. but i think if there are individuals that are plotting to deal with terrorism or have sympathy is, they would use that window to enter the united states. >> so they wanted to close the window before anybody got ideas of coming and before that closed. this is still very fluid, rolls out the course of 30 days, a lot of other rules will be made in the coming days, weeks, months. we have not heard the last of this week yet. stay tuned. >> thank you, live for us from the white house. and president trump making it very clear that this is not about religion, this is about keeping america safe. it does anything go too far? >> well, i am all choked up about it, myself. look, there cannot be a person in this country with a pulse who was surprised at this executive order. donald trump talked about it during the campaign from start to finish. okay, number one. number two, could things have been done differently to minimize that the reaction? yes. both in terms of writing the executive order where things were left out that are inexplicable to me. and in terms of the way it was rolled out. it was going to get a negative reaction, because it had a negative reaction from the democrats in the campaign. in that sense they were never going to avoid the controversy. >> to your point that no one should be surprised about this, sean spicer making that very clear. listen to this. >> this is nothing new. president trump talked about this throughout the campaign, the transition, and he is doing exactly what he told the american people he would do. it is interesting -- the criticism that is coming is from somebody who got into office and hit the ground running. >> hit the ground running to say the least. dagen mcdowell. >> when you reference list, the execution of this started on friday when you had very little information, and the very customs officials that had to enforce it and found out about it at the very last minutes, the execution was ham-handed, had their precision of a rusty chain chainsaw, quite frankly. they essentially admitted that when you talk about the omissions that people with green cards were not to mention. they were not given an exemption in the original order. i think that some people certainly expect a more in terms of leadership and execution. >> the white house is defending that, we had to roll this out fast, and president trump says, not to let all of the bad guys in. if we announced it a week before, they would come flooding in. >> that is one of the problems. obviously maybe there was a clear way to communicate it, but the speed that they had to communicate it so that the bad guys could not slip in, that is their defense. i don't know on that front, i think what is surprising is that he actually kept the campaign promises and executed so quickly. if this is not something that they generally do, calling him implosive, no, that is what he promised. but i also think like other politicians, he is unfazed by the criticism. he rolls out executive order after executive order. you have to look at this from a business perspective to really understand where president trump is coming from. this is just like a ceo taking over a company that they are turning around. or they hammer out things right away. he did that. and the criticism goes, but he is unfazed. >> nods going on the defensive, they are trying to say that they will take it even further. >> this has to be the trial balloon in history, and when was it uploaded? during the campaign. people have already decided how they are going to feel about these. particularly democrats, but one thing that is not being talked about today, and we hear about the division within both of the political parties, but everybody wants to point to the party of the president, oh, they cannot get behind it. so, the "washington post" has the whip count today. a total of 49 are reservation lights, but when you look at the peaceful port -- supports, it bumps up to 56. you hear things like how speaker paul ryan is saying president trump is right to say that we are good to know who exactly is entering the country. it is simply wrong to call the president's executive order concerning immigration and refugees a religious test. house of homeland security -- says this with a stroke of a pen, he is doing more to do than the last administration did in eight years. i will end with this one, i commend president trump for suspending the refugee program and in particular for syria and six on the other countries, because they are unquestionably terrorist havens and hot spots. so these are some of the supporters that would have a say on this if it does go through congress, and that is what some are calling for. why did it not? >> it's interesting that chuck schumer did not cry when president obama did the same thing with the seven countries. he cried in 2015-2016. he picked up the same vetting of the countries -- >> was he sobbing in public when they were murdered in the pulse nightclub? maybe he needs to go back to gwyneth paltrow for more acting lessons. >> i think there is a structure problem that this demonstrates, and i attribute the problem to the senator of the united states questioning nominees on the basis of their views, not their competence, but their views, and i think the executive branch, the president forgets who he wants. unless they are not competent, but the problem is that new presidents cannot get their cabinet secretaries in place, cannot get their subordinates in place, the president is almost home alone in the white house on the 29th of january, and that is ridiculous. i think have more of the people were in place, a lot of initial problems would not occur. >> can you address of the impulsive nature of this that is being criticized by the left and the rights, could it have been rolled out better? >> of course. there are a list of things that you should do. you should have calls to foreign leaders, alerting them that they are coming. >> and he did. >> we have not heard the king of saudi arabia criticized this yet. you should have obstructions to the affair officials, and consulates around the world. the border control, the customs people should know. they should know whether it takes immediately or affect two or three days later. if the argument that we had to do this quickly to prevent the terrorists from coming in, that would have not changed the executive order taking affect two days after the publication, because by then people already have the visas, so as i said before. you can mitigate some of the backlash, but you are never going to eliminate it. if this was contested in the campaign. it was made a big deal by hillary clinton. she lost the election, get over it. >> last word to you investor. going to announce a supreme court nominee tomorrow night, and he will be doing it in prime time. who it could be and what to make of the timing of this announcement, plus the president's war with media is intensifying. the latest tweets and accusations. one of mr. trump's top advisors asks why no bias reporter has been fired yet. has it all gone too far? and after the show you can go to the live chat at foxnews.com/outnumbered or facebook.com/outnumberedfnc, this conversation is likely to continue there. you can tweet us. we read them during the show. see you there. hello, i'm an idaho potato farmer and i finally found our big idaho potato truck. it's been touring the country telling folks about our heart healthy idaho potatoes, america's favorite potatoes, and donating to local charities along the way. but now it's finally back home where it belongs. aw man. hey, wait up. where you goin'? here we go again. i work ovi need when i my blood sugar to stay in control. so i asked about tresiba®. ♪ tresiba® ready ♪ tresiba® is a once-daily, long-acting insulin that lasts even longer than 24 hours. i need to cut my a1c. ♪ tresiba® ready ♪ tresiba® works like my body's insulin. releases slow and steady. providing powerful a1c reduction. my week? hectic. my weekends? my time. ♪ tresiba® ready ♪ i can take tresiba® any time of day. so if i sleep in, and delay my dose, i take it as soon as i can, as long as there's at least 8 hours between doses. once in use, tresiba® lasts 8 weeks, with or without refrigeration, twice as long as the lantus® pen. 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he refused for the first time in the history of the senate to meet with or have a hearing or vote on a supreme court nominee. we are going to treat this nominee fairly, but we need to know who he or she is, what they stand for. but that they are in the mainstream of thinking. >> okay, so the list is narrowing, we are starting to get to that squishy metal that he says he can get to if he knows who it is, and he knows that person has been vetted, what are your thoughts? >> this is the most important decision of the cabinets of today. if they find somebody in the mold of scalia, that's will look at the support for the next few years, this is the most important single issue for many republican voters, and i think that the fact is that you are not going to expect somebody who is going to have problems within republican ranks, he is going to be a conservative nominee. if that upsets senator, see november the eighth, 2016. i just want to make one point on a history lesson, it was over a century before it held a hearing on the supreme court nominee. i think that justin brandeis was the first, but many years we began before it was a process, so let's have some sense of what the framers of the constitution had in mind for what the senate's role was. they have not had that for long time, especially after the outrage. >> what is interesting about this choice, whatever tends to be coming up, that is what the president said his bar for their determination is. he wants to top consideration n choosing someone with who is going to get a proved, so he wants to push it through relatively quickly, and you can understand. news flow is all about the travel ban, the 2 out of 15 cabinet members. >> it is being talked about and speculated that they are moving up the time frame of the announcement, get away from the news that is on now, that is being the travel ban. but knowing what this process has been like with him, ambassador, can you shed some light on how he made that decision? we have known for quite some time that he has pretty much known who this person is, what do you think the process was like? >> i don't profess to have any inside information, but what brought many conservatives to endorse, accept a trumped nominee was the work that jeff sessions and others stated to pin him down on what justices he would nominate to the supreme court, and also the lower courts, so i think that he made it clear. he had a particular kind of justice in mind, and i think he has met with a number of them. he has talked to jeff sessions, other advisors, and it seems like he has the same manner as to have to come to its, it's always hard when you get to the last two or three, we have a superb bench. we have potential nominees for the supreme court, and there may be more than just the one nomination in short order. that is true. i think a lot of thought has gone into it. i am sure. it is the most important thing that he has done so far, and likely to be for quite some time. >> judge noel says that the ones on the shortest list are exactly like scalia in their approach of the constitution. and i think that the republicans expect that this is not going to be david souter or john roberts, we do not want surprises. >> that is the issue, are they activists that read the law anywhere they want to? >> we have born of the signing of an executive order, the travel ban at least temporarily for the several muslim majority countries, the criticism he is getting even from his members from the political party. the growing concern that this this code the fight against terror. we will talk about it. and the white house is descending on another controversial move, a shakeup in the security council, even some republicans are worried about it. whether their concerns are justified. we will get into it. stay close. picking up for kyle. here you go. you wouldn't put up with part of a pizza. um. something wrong? so when it comes to pain relievers, why put up with just part of a day? you want the whole thing? yes, yes! live whole. not part. aleve. is it keeps the food out. for me before those little pieces would get in between my dentures and my gum and it was uncomfortable. just a few dabs is clinically proven to seal out more food particles. super poligrip is part of my life now. i did... n't. hat? 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are they going to go to a county jail, do we take them to guantanamo bay? is there any chance that the moratorium would get extended, and what types of things have to happen for those to be put in statements? i have some questions. i think it is an opportunity for us to learn more. >> they are legitimate questions, the executive order is intended to address the problem that the from these seven countries we do not get the information we can rely on or any information at all about the people. >> i think we all agree on that. >> as opposed to saudi arabia, people say, why are they not on the list? we get extensive information from them. so the secretary of homeland security is supposed to do the study. identify what information we may need, and then saying what countries are supplying it, and what are not? >> where do you put the bad dudes that you catch? if you catch any like this. i mean, you might. >> if they are really bad, getmo is still open. >> you mention that, and there is some action that is asked for terror, and that is the implication. this is going to be propaganda before the islamic state? the same arguments was made by president obama that we needed to close guantanamo bay, because they are asking -- implying that we are asking for it to be brought on the american people, that is repugnant. >> giving key strategist steve bannon a seat at the table at the security national meetings, he claims that the presence is essential to the commander-in-chief's decision process. as a part of restructuring, also deciding that national intelligence in the chairman of the joint chief of staff will only attend meetings when issues pertaining to their expertise are discussed. that does not sit well with robert gates. >> my biggest concern is that they are actually under the law only two advisors to the council. and that is the dni or the chief of staff, and i think that's pushing them out of the national security council meetings, except when they are having the specific issues at stake, that is a mistake. they both bring a perspective and judgment and experience that every president, whether they like it or not finds useful. >> sean spicer is defending the changes. >> we are instilling reforms to make sure that we streamline the process to the president to make his decisions on the key important intelligence matters. having the key strategist in those meetings or who has a significant background to guide the final analysis, that is crucial. >> you just heard robert gates say about the reshuffling, that is a big mistake. you say what? >> let's all take the blood pressure pills here. this is an interesting fact. the president of the united states can meet with anybody who wants, whenever he wants. you did not need an executive order, that being said, i would not have written it the way they did about the director of national intelligence, it is hard for me to imagine a national security meeting where you would not want them present. as far as steve bannon, i think that is fine. i have been in plenty of principal meetings where the senior white house staff participated. or sometimes they just sat and listened, i think that is important. you know that the president is going to talk to them, would you rather have them in the meetings, informed by reality, or like somebody in the back room getting the last word. i think i might have worded it differently and saying such staff as a president deems advisable, and they would have been on the snooze pile. >> that is a great point, they probably provided too much detail on this. i am wondering less about some of these things. is it too much clarity, too much detail? probably not. he is unfazed by the response. that is what is so refreshing about the first two weeks. >> it has only been a week and two whole days. >> he does what he thinks, and he does not care what the response is. this is what i set out to do, this is exactly what i am doing. what is surprising you was that i actually fulfilling the campaign promises. >> isn't that happening, he has already gotten a response from the people who voted for him, he knows what the answer is going to be back from both sides. just an observation. >> at least we know that steve bannon is going to be in the meetings, and the director of national intelligence was created after 9/11, it is that original report that the trump administration was really going to go after the bloat. it is about 1750 people working there with a lot of redundancy. so, why can't we -- again, this is a rethinking of our intelligence, and our intelligence gap. >> they are going to do that in any case, i think making the reforms, there is no reason not to have dan coats there, not to have mike pompeo there, and i think it would be a plus to do it. there is one point that the press has not picked out. it appears in the absence of the president, though vice presidents will share the meetings, not the advisor. this came in the meeting with the george w. bush administration where he thought dick cheney would like to join those meetings, and push came down, so with all due respect to all of the highly esteemed people in the controversies, i think in the absence of the president, the national security advisor should chair the meeting. and i'm not sure that necessarily it goes in this order, but it was a very exchange -- a strange exchange. >> he has the close circle of people who he relies on, trump. we know that m of those people. >> he also gets out, he is the president of the senate as well, so outside he has been more personal. >> i think it will make it harder for the national security advisor to deal with the secretary of state if he is not sharing those meetings. >> interesting. >> do you only get that nuance from ambassador bolton? 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>> an interesting working, sunday is a workday, so not too surprising, some of the calls to specific leaders on sunday nigh night, watching them on third time, and to the europeans on saturday, so he is off to a good start. a good mix of people, i think it is important that he does have direct relations with as many foreign leaders as he can, it would be productive in these early days before you get a problem with another country to establish a relationship, so i think that that is well advised. >> let's focus in on russia, why not talk about those sanctions? >> if the readout is accurate that they talk about ukraine, that as a prerequisite. you are not going to get anywhere on sanctions until the russians pulled the military out of east ukraine, and give up their control of -- i don't think it is on crimea, but he has been talking to the europeans, maybe about sanctions, this is an important issue coming back to senator mccain and senator graham, marco rubio, many republicans want to put locks in effect. this could be a subject of an enormous debate in washington in the coming days and weeks. >> one of the things that i think is so interesting about president trump, to a person has had a one-on-one meeting with him saying, he is very charming. i really liked him in person, even people who before hand were trashing him before they went in, and the more that you talk about them having the one-on-one meetings, one-on-one conversations with more world leaders, the better. no matter what they are bringing to the table to hammer out, it gives me confidence and things going forward. i think he is good at making deals, so the more he connects with them individually, the better. >> it goes beyond what is said on the phone calls come out right now donald trump is walking the talk, with all of these executive orders in his first week, don't you think? he is delivering on everything he promised. doesn't that send a message that we are dealing with a very different president. >> i think this is important, everybody wants to size up donald trump, all of the international leaders, they know that they have never seen anything like this before. the fact that he is doing the things that he promised, important for him, not only in domestic, political terms, because it marks him as a different politician, but it says to the foreign leaders, maybe we actually want to pay attention to what he says. >> i want to get back to the pachyderms in the room, as people discard them. 19 of the 9/11 attackers came from saudi arabia, and so you have the travel ban in place, saudi arabia is not on it, you say it's because they gave us good intel, not to talk about the safe zones agreed to by saudi arabia, supporting the united states and setting them up in places like syria, what does that communicate to you? >> things are easier said than done, but the refugees in a safe zone, that can make them more vulnerable, they want to raise the loss of sovereign immunity that came in congress because of the 9 of -- 9/11 attack, i think that saudi king is extremely worried about the weapons program among other things. in the threat that iran poses in the region. they have a lot to talk about. if that's for sure. >> in that press conference he said that he believes a good relationship with russia would be good for us. do you think it's possible? >> i think there are some good things that you can build a relationship with russia on. they respect strength, and that is a contrast for the last eight years, but i think you need to be careful of that saying that we can work with the russians on terrorism, because of their effective alliance with iran, and that is the biggest financer of terrorism around the world, they are state sponsors of terrorism, they are terrorists themselves. there is no working with them on that or the nuclear program. >> respect is something that people around the world are thinking right now as he moves quickly with what he has promised to do. to the white house is doubling down in its fight with the media. just days after the chief strategist labeled the media the opposition party, now in another top white house advisor is asking why some of the reporters have not yet been fired. has this gone too far? is it about holding reporters accountable? with 9 grams of protein and 26 vitamins and minerals. for the strength and energy to get back to doing... ...what you love. ensure. always be you. a heart attack doesn't or how healthy you look. no matter who you are, a heart attack can happen without warning. a bayer aspirin regimen can help prevent another heart attack. be sure to talk to your doctor before you begin an aspirin regimen. bayer aspirin. >> more "outnumbered" in just a moment, but we will get to jon scott with what is happening in the next hour of "happening now." >> a major airline grounds flights, stranding passengers. what is behind the latest glitch? a deadly shooting range at a mosque, now a terror attack. who is responsible for the killings? a good samaritan stops the attack of a bus driver, all caught on camera. the unlikely weapon of choice, and the entire video. all that at the top of the hou. >> all right, we will join you in 9 minutes. thank you, sir. >> the white house's war with the media is raging on, counts house of the president -- counselor of the president slamming the media this weekend, she considers it unfair coverage of the administration. watch this. >> who is cleaning house? which is going to be the first network that stops talking about alternative facts, not one silly analyst talking smack all day long on about the donald trump has been let go. they are on panels every sunday. they are on cable news every day. it was the first editorial writer that will be let's go that embarrassed his or her outlets, we know their names. i'm too polite. but they know who they are. and they are wondering, will i be the first to go? >> meanwhile, president trump taking matters into his own hands, voicing his frustration on twitter, the failing "new york times" has been wrong about me from the very beginning. they said that i would lose their primary, than the general election, fake news. they got me wrong right from the beginning, still have not changed course. they never will. dishonest. the tweets following a front page times article headlined, up is down. and echoing the business pass, the "times" say that it is at an all-time high. how did they exist without one another? all of the negative media coverage helped his campaign, does it help his presidency? >> i think it will. this is a new level of media bias and activism, i really think that at least compared to the past several decades, it has never been so overt. we are not reading news stories in the pages of "the new york times," "the washington post" anymore, we are breeding editorials that are labeled such on page one. ultimately the market will take care of this. they may just effectively be the nation magazine and other newspapers will pick up readership. i thought that "the wall street journal" had a wonderful phrase on its editorial page during the obama administration, they said they were stenographers for the white house. they are not stenographers, they are just plain biased. >> kellyanne conway, and steve bannon, they really do not want -- even the most biased reporters to shut out, do they? it's like wiley coyote, they do not want him to go away. they do not want -- >> i cannot speak for the goals, but how in the world did we as a group get put in the category of what hillary clinton said about donald trump at the time when they were running, he could be baited with a treat, apparently members of the media can be baited with a tweet, read all of the response, look at the avatars of the people who are responding, it is like, come on, guys. >> i think that is more revealing than what they write in the stories. it does demonstrate what they right. >> but do you say something that you're not supposed to. >> but that is what has changed, there are so many outlets for everybody to say what they think. you cannot hide what your bias is any longer. and if you are engaged in the news, you care about, you have an opinion. >> exactly, and you have an opinion, an educated opinion, you can decide when you are getting spoon-fed by coverage. you look at the polling during the election process, and it often showed people are aware when they are not getting real news, or biased coverage, they will go somewhere else. >> if you stay like that, but "the new york times" just admitted that they are pitching to the left wing, elite, rich people, that is the group and the brand, and good for them. i hope they can make a living off of that. >> when you say as journalist, we are not asked to be just people who have nothing going on, we are asked to be people who can do our jobs no matter what is going on. >> exactly. to be honest about your point of view and where you're coming from. >> people do not know what that is at all. i do not know how to be frank or direct about my point of view. >> can i say something like i have many times during the process, it is so telling today. my job as a journalist is not to know what i think. if all journalists would live by that, we would be in a different world. >> they would not be tweeting. >> to compare and contrast the headlines in "the new york times" versus "the wall street journal," and it is laughable. it makes my day. >> so how do we -- i am really asking this genuinely, because we are all on twitter. is there a different level that you think, a different bar? >> i think there is. it will only get worse if this continues. >> more "outnumbered" after this, everybody. oscar mayer deli fresh ham has no added nitrates, nitrites or artificial preservatives. now it's good for us all. like those who like. sweet those who prefer heat. sfx - a breath of air and those who just love meat. oscar mayer deli fresh. sweet! it helps put some distance.. between you and temptation. clinically proven to help reduce hunger between meals. from metamucil, the #1 doctor recommended brand. as promised, a very fun show, we want to say thank you to ambassador john bolton. >> i promised a shout out out there. thank you for watching. we are going to keep it right here for "outnumbered" overtime on the web, you can find us on facebook, "happening now" happens now. >> jenna: we start with a fox news alert, the travel ban having an impact on stocks? >> jon: monastery could be set for its worst day in months. we are covering all of the news "happening now" ." >> we all carry that sense today. today. >> jon: at least six worshipers killed in a canadian mosque, now the nypd is stepping up security in new york city. plus a navy seal becomes the first military casualty of the trump administration. >> we mourn the loss of life of the service member who so bravely fought for his country and was killed. >> jon: ahead, more on the mission to take out al-qaeda's top leadership in yemen.
couple of controversial pipeline projects. and today he may take action on his long-promised border wall. and health secretary nominee tom price in the hot seat for a second time as senators pressed him on replacing the affordable care act. ♪ good morning, everyone. it's wednesday, january 25th. i'm alex witt alongside louis burgdorf. today marks the fifth full day of the trump administration. a big day planned on national security tomorrow. we will build the wall. trump will sign an executive order to construct a new barrier along the mexican border when he visits the department of homeland security this afternoon. also, cracking down on cities that refuse to hand over the undocumented for deportation. still unknown what action the president will take on the obama executive order that protected thousands of undocumented who arrived as children. and there are reports from reuters and "the new york times" that trump might fulfill a campaign promise by imposing a temporary plan on most refugees and the suspension of visas for residents of syria and six other countries with large muslim populations. "the new york times" has similar reporting but says details could change. the president will meet with his chief of staff this morning and later take his official presidential courtship. the president pushed his agenda by holding summits and signs executive orders putting the power of his office behind pipeline projects that were blocked by the obama administration. the application for the keystone xl pipeline will be reconsidered on a fast-track basis with the secretary of state to decide in 60 days and he'll review and approve the dakota access pipeline. the president also signed an order to the secretary of commerce seeking a plan within six months to mandate the american steel must be used in any american pipeline. >> you and i are very insistent if we are going to build pipelines in the united states, the pipes should be made in the united states. much pipeline is brought from other countries. from now on we are going to start making pipeline in the united states. we build it in the united states, we build the pipelines, we want to build the pipe. we're going to put a lot of steel workers back to work. >> the president also signed two more executive orders, one to speed up the environmental review process for a high-priority infrastructure project. and he highlighted on business. we also learn that the administration instructed the environmental protection agency to freeze all grants and contracts pending further review halting what amounts to be about $4 billion in annual funding. now last night the president suggested federal intervention is ahead for chicago tweeting, if chicago doesn't fix the horrible carnage going on, 228 shootings in 2017 with 42 killings, i will send in the feds. later he extended an invitation to india's head of state to visit the united states, discussing the fight of terror with the prime minister modi by phone. he also convened a bipartisan senate leadership and heads-up the judiciary committee to discuss the supreme court vacancy. in his second daily briefing, sean spicer stood by a widely debunked claim that millions of voters illegally participated in the election that got his boss donald trump elected president. the night before the president claim in a closed door meeting with congressional leaders that between 3 and 5 million illegals vote in the 2016 cycling. >> the national association of secretaries of state say they don't agree with the president's assessment. what evidence do you have? >> as i said, i think the president has believed that for a while based on studies and information he has. >> the white house formally asked for a probe into this election -- >> i think he won very handedly with 306 electoral votes, 33 states. he's very comfortable with his win. >> can you clarify if they are illegal ballots or illegal immigrants? >> there's a study that came out to show 14% of people who voted were not citizens. there are other study that is have been presented to him. it's a belief he maintains. >> does he want an investigation into this? >> as i noted several times, he's believed this for a long time and he won fairly overwhelming. >> i'm asking you, why not investigate something that is -- >> maybe we will. >> the biggest scandal in american electoral history, 3 to 5 million people voting illegally? >> we'll see where we go from here, but right now the focus that the president has is on putting americans back to work. >> do you believe there is widespread voter fraud? >> look -- >> how can you be comfortable with the win -- >> he's very comfortable with the win. >> maybe he didn't win. >> no, he's very comfortable with his win. >> what does that mean for the democracy? >> thank, joe. it means i've answered your question. >> the national association of secretaries of state stood by the fidelity of the system saying in part, quote, we are not aware of any evidence that supports the voter fraud claims made by president trump. but we are open to learning more about the administration's concerns. now the press secretary appeared to be comparing two different studies, neither proved the president's claims. mark murray of nbc news reports a 2012 pew study found 24 million invalid voter registrations because the person had either moved or died. the study acted as a call to update registration systems. and as the study's author has written, there was no evidence of actual voter fraud. there's also a study from old university widely criticized to find 14% of citizens voted in both 2008 and 2010 based on the sample of a few hundred respondents. one of the authors of that said the trump campaign was blowing findings out of proportion writing, both sides of the non-citizen findings were exaggerated considering non-citizen representation. >> at times members of congress were feverishly trying to advance the trump agenda. >> does it trouble you that he continues to hold a belief that isn't fact? >> i have commented on that. i have seen no evidence to that fact. i have made that very clear. >> there are literally people in jail in kentucky for this kind of activity. there are always arguments on both sides about how much, how frequent and all the rest. but the notion that election fraud is a fiction is not true. >> rather than the media playing the talking points of the left, gosh, it doesn't exist, it doesn't matter, pay no attention to what is going on, here's a radical idea. how about we enforce the law? >> i think this is a huge distraction from what we aught to be focusing on, which is getting the president his cabinet to get to work for the american people. this really seems like a rabbit trail to me. >> this is a president who is claiming electoral fraud in a massive fashion to reconcile the fact that he did not lose the popular vote when in fact he did. but he's still a legitimate president. but this is not about voting anymore, it's about him. and the more he does this, the more troubling it will be for his presidency. i'm begging that the president share with us the information you have about this or please stop saying it. >> senator john thume was asked about voter fraud, he said, quote, i don't want to answer that. i don't know what that number is. you'll have to get the information for him. but like the leader said, there's always a certain amount of irregularity that goes on in elections, someplace perhaps more so than others. how you quantify that i'm not sure but he must have his methodology. the date printed on the photo is january 21st, the day after his inauguration. and alex, president trump's pick for health and human services found himself on the defensive as democratic lawmakers grilled him on the plan to replace obamacare. congressman tom price of georgia faced a heated confirmation hearing yesterday before the senate finance committee. in addition to having defend the president's alternative to the affordable care act, congressman price was questioned on his training of medical and pharmaceutical stocks while in congress. >> president trump said he's working with you in a replacement plan for the aca, which is nearly finished and will be revealed after your confirmation, is that true? >> it's true that he said that, yes. >> so did -- not that he's ever done this before, but did the president lie? did the president lie about this that he's not working with you? he said he's working with you, i know we don't use the word lie here because we're polite when presidents make statements that are not true, but did he lie? >> i have had conversations with the president about health care, yes. >> which wasn't quite the answer. >> now i know the president likes to pay close attention to what he puts his name on. and i have a feeling, congressman, that even though you keep saying today that congress will decide, you're not really believing, are you, that your new boss is going to not weigh in on what we -- what he wants congress to pass? we're not going to have a plan from him? >> i think we look forward to working with you and other members of the house. >> my question is, are we going to have a plan from the president? will he have a plan? >> if i have the privilege to be confirmed, i look forward to working with the president and bringing a plan to you. >> great. so the plan will come from president trump and you will have the most important role in shaping that plan as his secretary of health and human services, correct? >> i hope i have input, yes, ma'am. the reality is that everything that i did was ethical or legal and transparent. the reason you know about these things is because we have made that information available in realtime as required by the house ethics committee. so there isn't anything that you have divulged here that hasn't been public knowledge. >> you're state number is five times larger than the state it ethics officials reported as a nominee. and you had to revise a number yesterday because it was wrong. >> and the reason for that is because when asked about the value, i thought it meant the value at the time that i purchased the stock. >> linda mcmahon, donald trump's pick to head the small business administration, sailed through her confirmation hearing yesterday. the former world wrestling chief executive told senators she was a strong advocate for small businesses. while she and her husband turned wwe into a multi-million dollar company, she detailed her experience growing her family's small business in years prior. >> small businesses have had some tough blows in the past decade. i know what it's like to take a hit. and i've learned it's not how you fall but it's how you get up that truly matters. >> mcmahon's hearing lasted less than two hours. unlike other nominees, she was not pressed on president trump's past positions. her son-in-law wrestler hhh was on the hill to support her. and governor nicki hailey won approval to be the next ambassador to top united nations. she won support after breaking from president trump by voicing skepticism about russia in support for nato. despite earlier concerns that she has no diplomatic or foreign policy experience. meanwhile, shortly after haley ooerks confirmation, henry mcmaster became the new governor in that state. he was one of trump's earliest supporter last year in the lead-up to the election. also yesterday the senate commerce committee advanced the nomination of former labor secretary elaine chao to head the department of transportation. and similarly approved billionaire investment wilbur ross to be the next commerce secretary by a voice vote. okay, louis. there's ben carson one step closer to becoming the next secretary of housing and urban development as two top democratic senators now say they will give carson's confirmation their support. the senate banking committee approved carson's nomination yesterday sending it to the full chamber for final confirmation. like other trump cabinet nominees, carson faced a heated confirmation hearing including one exchange with senator elizabeth warren on granting hud contracts to real estate companies with ties to trump. but senator warren along with fellow democratic senators sherrod brown will vote for confirmation of carson, with sherrod brown giving ben carson the benefit of the doubt. and still ahead, long-time sportscaster erin andrews opens up about a cancer diagnosis. and james comey from the 2016 campaign may not be going anywhere. we'll check on those stories when we come right back. if you're told you have cancer, explore your treatment options with specialists who treat only cancer. every stage... every day.... at cancer treatment centers of america. learn more at cancercenter.com/experts "how to win at business." step one: point decisively with the arm of your glasses. abracadabra. the stage is yours. step two: choose la quinta. the only hotel where you can redeem loyalty points for a free night-instantly and win at business. welcome back, everyone. fbi director james comey is expected to remain in his position at the helm of the federal government's top law enforcement agency. "the new york times" reports that comey told his senior agents that president donald trump asked him to remain in the post he's held since president obama appointed him back in 2013. the fbi director currently faces a review by the justice department's inspector general over the handling of the hillary clinton e-mail investigation. they are appointed for ten-year terms but could be fired by the president at any time. i saw stars driving into work today, it was fantastic. >> it was nice. this is a video of the mudslides occurring in the santa clarita area. that's a mess. imagine cleaning up after that in your backyard. well, as far as that storm, that's the one that now moved into the middle of the country and is producing significant snow. we have a winter storm warning for areas all the way from the dakotas all the way to nebraska, iowa, southern minnesota and wisconsin. about 8 million people are in the warnings. we have had some significant snow overnight. sioux city and sioux falls both reporting three to six inches of snow. the heavier snow is from lacrosse to winchester. madison as well. milwaukee, make an inch or two. here's the snowfall forecast for the remainder of the storm in addition to what you have already seen. when you get to the purple shading, that's around fou inches. a decent amount of snow here. rochester to lacrosse, north of milwaukee, sheyboygan, green bay, three inches is possible. this is not a huge ordeal, mostly for places that have minor travel delays this morning. improvement this evening. forecast for the east ghost looks great recovering from the big nor'easter. 51 in new york. 45 in boston is warm. d.c. is 59. this is a two-day warm spell for the east coast. and then it gets cooler heading to the weekend. but we'll take two days in a row in the 50s as alex was mentioning. kind of gloomy in the east and it would be nice to get sunshine. >> 50 and sunny, i'll take it, even for two days. >> in the winter that's a bonus. one more for you, fox sports reporter erin andrews revealed she battled cervical cancer during the nfl season. the 38-year-old told "sports illustrated" she had surgery on october 11th and was back on the sidelines just five days later. such commitment there. andrews underwent a second procedure in november and was told later that month that the radiation and chemotherapy would not be needed. it closed out the end of a very difficult year for andrews. in march she was awarded $55 million in her civil lawsuit over the secret recording and release of a video showing her naked during her hotel still. her courage is incredibly inspiring. we have much more coming up next in the world of sports, including lebron james putting pressure on the cavs front office. and serena williams inching closer to the number one world ranking. we're back in a moment. ith golds broke into a house owned by three bears. she ate some porridge, broke the baby bear's chair, and stole some jewelry, a flat-screen tv, and a laptop. luckily the geico insurance agency had helped the bears with homeowners insurance. they were able to replace all their items... ...including a new chair from crate and barrel. call geico and see how easy it is to switch and save on homeowners insurance. welcome back. time now for sports. the marquette eagles knocked off a number one team beating top-ranked villanova 74-72. marquette pulled ahead after coming back from 17 points behind with the wildcats missing two opportunities to make a comeback including a bucket at the end of the half. and west virginia's esa anna leading the mountaineers to an 85-69 victory over kansas. and the volunteers erased a 27-point deficit to record their first win over a top five team since 2010. the final score there was 82-80. time now for tennis and the australian open. we'll go to melbourne with two more match wins here, serena williams will regain her number one ranking. she booked her tenth straight major appearance after a 6-2, 6-3 win yesterday. williams will face 34-year-old narani lusich. this marks only the fourth time in open history that three semifinalists are all over 30 years old. and in men's tennis, dimitrov beat goffin. and lebron james has pushed general manager james griffin and the office on notice. quote, i'm not mad or upset at management cause griff and staff that done a sxwregreat job. i just feel we still need to improve in order to repeat. some strong words there. >> maybe they want to win. okay, thanks. lead levels fall below limits in flint, michigan, but is it enough to make a difference? plus -- >> i want to thank everybody, perhaps we could go around the table and introduce ourselves and say hello. i'll start. i'm donald trump. >> a man who needs no introductions, president trump meets with automakers and pushes for new plants in america. those stories and more are coming up next. my advice for looking younger, longer? get your beauty sleep. and use aveeno® absolutely ageless® night cream with active naturals® blackberry complex. younger looking skin can start today. absolutely ageless® from aveeno®. hey there, welcome back. i'm alex witt alongside louis burgdorf. we're starting off with the morning's top stories. donald trump says to expect a big day on national security. a senior administration official says expect the president to sign an executive order calling for that wall on the mexican border that he promised. according to reuters and "the new york times," a president will order a temporary ban on most refugees and a suspension of visas of citizens of syria, iraq, iran, libya, somalia, sudan and yemen. and nikki haley won approval to become the next ambassador to the united nations. she won support of democrats after breaking from president trump by voting skepticism about russia and support for nato. and state officials say the flint, michigan, water system no longer has lead levels exceeding the federal limit. and that comes nearly three years after the city switched its water source sparking a health crisis. according to michigan officials, flint's led levels are comparable to other similarly sized cities with infrastructure. they still tell people to drink from bottled water or filters. and yesterday donald trump signed an executive action reinstating the controversial plans protested by environmentalists and native americans. nbc news' kristen welker has the details. >> reporter: with the stroke of a pen, president trump resurrecting two controversial projects, the keystone xl pipeline and the dakota pipeline casting it as a campaign promise to create more jobs. >> we'll build our own pipeline. we'll build our own pipes. like we used to in the old days. >> reporter: a reversal on two of the obama projects stalled, a flashpoint for environmentalist protesters, many who camped out for months. native americans who live near the dakota access pipeline say the project could destroy their homes and sacred sights. last year they won a battle with the army corps of engineers to delay the project. they're devastated but vowing to fight on. >> we'll stand in prayer, we will continue to stand, and we are not afraid. >> reporter: environmentalists said landowners are equally heated about locking keystone pipeline to carry 800,000 barrels a day from canada to the gulf coast. proponents argue it could create close to 10,000 short-term construction jobs but only 50 would be permanent. opponents countered the move would harm the environment. still, the white house insists construction will move quickly. >> he wants to make sure we get this process back on track and get it moving. it is too important for the jobs and economy of our country. >> and that was kristen welker reporting there. the president also had a warning for the leaders of chicago tweeting, if chicago doesn't fix the horrible carnage going on, 228 shootings in 2017 with 42 killings, up 24% from 2016, i will send in the feds. notice carnage in quotes. it is the same word he used in his inaugural address when vowing to stop the, quote, crime and gangs that have stolen too many lives and robbed our country of so much unrealized potential. the chicago police department responded saying it is more than willing to work with the federal government to boost protection rates and prosecution rates for gun crimes. the department also clarified the crime stats in the president's tweets. mr. trump said there were 42 murders so far in chicago this year and 228 shootings. last night the department said the total number of murders year to date is 38. and as far as the shootings for victims surviving is on par with 2016 at 182. all right, we'll turn to capitol hill, congressman nick mulvaney was in front of the office of management and budget. he was first elect in a 2010 tea party wave. he went against john mccain on defense spending. listen to this. >> did you vote to cut $17 billion from our defense? >> from the overseas contingency, yes, sir. >> did you offer in 2013 to cut the budget by $3.5 billion? >> that i don't remember. >> well, i'll tell you, i would remember if i voted to cut our defense the way that you did, congressman. maybe you don't take it with the seriousness that it deserves. what's the highest priority in facing debt or rebuilding the military? >> the number one priority is to defend the nation. >> it's nice to hear that you believe they are important because you have spent your entire congressional career pitting the debt against our military. and each time, at least for you, the military was less important. >> in his appearance before the budget committee, senator bernie sanders pushed mulvaney on his policy differences with president trump. >> will you tell the president of the united states, mr. president, keep your word, be honest with the american people, do not cut social security, medicare and medicaid. >> the only thing i know to do is to tell the president the truth. and the truth is that if we do not reform these programs that are so important to your constituents in vermont and to mine in south carolina, i believe in nine or ten years the medicaid trust fund is empty. and roughly 17 or 18 years the social security trust fund is empty. >> you tell him that a promise you made about medicare and social security is going to meet their demise if you don't change that promise? >> yes, sir. >> mulvaney said it was not the budget director's role to set policy, only advise the president about the impact. and he answered on whether he would tell the president things trump might not want to hear. and senator jeff merkley of oregon used trump's crowd at the inaugural to demonstrate his point. >> i have behind me two pictures that were taken at about the same time of day in 2009 and in 2017. whether crowd is larger, the 2009 crowd or the 2017 crowd? >> senator, if you allow me to give the disclaimer, that i'm not sure how this plays into this, but the crowd on the left side is bigger than the crowd on the right side. >> thank you. are you comfortable as you proceed as a key budget adviser presenting falsehoods as simply an alternative fact? >> as you and i discuss in your office, i have every intent and believe that i have shown up until this point in my congress that i'm deadly serious about giving you hard numbers. and i intend to follow through on that. >> and west virginia's joe manchin is the first democratic senator to announce support of rex tillerson as secretary of state. the announcement comes a day after tillerson narrowly approved a key confirmation hearing by being approvedi the senate foreign relations committee along party lines. a full vote by the senate is expected on tuesday. after weeks of taunting the automotive industry on twitter, president trump met with detroit's big three automakers yesterday and sat down with chief executives from general motors, fiat chrysler and ford motor about companies he plans to build here in the united states. >> we are bringing manufacturing back to the united states big league, we are reducing taxes substantially and reducing unnecessary regulation. we'll make the process much more simple for the oil companies and for everybody else that wants to do business in the united states. >> and the president tweeted, great meeting with automobile industry leader at the white house this morning. together we will make america great again. in a statement gm's ceo mary barra called the discussion constructive and wide ranging adding it focused on policies that support a strong and competitive economy in automotive industry and that supports the environment and safety. the ceo of ford also said he was reassured by the president's economic policies. >> we're very encouraged by the president and the economic policies he's forwarding. and i would just call out yesterday the president's decision to withdraw from the tpp. we appreciate the president's courage to walk away from a bad trade deal. all right, let's turn to business now where the u.s. markets rallied yesterday on the heels of president trump's executive orders. nancy hungerford is joining us live from london. the dow, nasdaq and s&p all hit big numbers yesterday. >> reporter: that's right. we broke records for the s&p and nasdaq. and the gains are spilling over here in europe. we're looking at a jump in equities globally. the index is touching a 19-month high. so this rally has steam. looking at u.s. futures pointing to another positive open for wall street today. and in addition to the fresh executive orders where traders were citing this is a sign of more infrastructure spending to come. and there's enthusiasm for earnings. keep watch on the corporate front. elsewhere, a story for you frequent flyers out there. a budget carrier from asia is coming to the united states. one of the most popular carriers air asia x has been given approve proou appro approvel to fly to the u.s. lookout for more on this. >> nancy hungerford, thank you. and china is firing back after strong words from the white house about trade and their relationship going forward. the chief foreign correspondent richard engel sat down with one of beijing's top government officials for a rare interview. take a listen. >> reporter: the trump administration is sparking a strong reaction from china after this warning over china's military build-up in the south china sea. >> if those islands are in south china waters and not china property, we'll defend international territories from being taken over by one country. >> reporter: china is constructing islands to use as bases. >> that's for china and other countries in this region. >> reporter: we sat down with the top foreign ministry spokesman in beijing for a rare interview. you're saying none of the united states is business. >> no. that is not international territory. >> reporter: then there's taiwan, china doesn't recognize taiwan's independence but trump after winning the election took a call from the taiwanese leader prompting china to send jets near the island as a threat. how would china respond to president trump taking more steps to recognize taiwan? >> this touches upon china's core interest. by no means this is something that could be negotiated. >> reporter: there's no room for discussion from your perspective on that. >> on china policy. 100%. >> reporter: this is leading to talk of a trade war. do you think that is coming? >> we don't want that, but it's not only up to us. that needs efforts from both sides. >> our thanks to richard engel for that report. alex? well, former president george h.w. bush continues to recover from pneumonia while hospitalized in texas. a spokesperson says the 92-year-old is becoming more active and can now sit up. and is also working with a physical therapist to regain his strength. the former president is also talking with physicians, staff and visitors and started returning phone calls. the former first lady barbara bush discharged from the hospital on monday returned yesterday as a visitor to be with her husband. and one day after fainting while delivering his state of the state address, minnesota governor mark dayton announced he has been diagnosed with prostate cancer. >> i had a biopsy last wednesday down at mayo and then we received those results last friday at noon, which confirmed that it is cancer most certainly, and that it has not spread almost certainly. >> well, governor dayton who turns 70 tomorrow expects to learn more from a fallow-up to the mayo clinic next week, if but he doesn't think the diagnosis will prevent him from carrying out duties as governor. >> i had my hip surgery and there are no brain cells there, and as far as i know there are no brain cells in my prostate either. >> that's a good one, governor. we wish you well. still ahead, a national park goes rogue tweeting out what some call facts. we'll explain all that for you. plus, donald trump and the supreme court. we are told the president could be close to deciding on a nominee. a closer look at the possible short list, next. boost it's about moving forward not back. it's looking up not down. it's feeling up thinking up living up. it's being in motion... in body in spirit in the now. boost. it's not just nutrition. it's intelligent nutrition. with 26 vitamins and minerals and 10 grams of protein. all in 3 delicious flavors. it's choosing to go in one direction... up. boost. be up for it. [phone buzzing] some things are simply impossible to ignore. the strikingly designed lexus nx turbo and hybrid. the suv that dares to go beyond utility. this is the pursuit of perfection. i have age-related maculare degeneration, amd, he told me to look at this grid every day. and we came up with a plan to help reduce my risk of progression, including preservision areds 2. my doctor said preservision areds 2 has the exact nutrient formula the national eye institute recommends to help reduce the risk of progression of moderate to advanced amd after 15 years of clinical studies. preservision areds 2. because my eyes are everything. the president is said to be close to narrowing down his top choices to fill the vacant seat on the supreme court with a decision coming as early as friday. and an announcement could come next week. trump releaseded a short list of 21 names during his campaign and now the consensus is the final three according to published reports appear to be three appellate justices, judge william prior of alottlanta, ju neil gorsuch and judge thomas hardiman. >> next week we'll be picking a supreme court justice. i'll be announcing it sometime next week. >> in the meantime of stonewalling, chuck schumer has said the seat once belonging to justice antonin scalia could be kept open indefinitely if the nominee is too far outside the mainstream. his colleague senator mitch mcconnell tried to remind him how senate republicans tweeted previous nominees. >> there's a big difference between not approving a supreme court nominee in the middle of a highly-contested presidential election and the beginning of a four-year term. under clinton, ginsburg and briar, no filibuster. no filibuster. under obama, sotomayor and kagan, no filibuster. first term, new president, supreme court legacy. what we hope would be that our democratic friends will treat president trump's nominees in the same way that we treated clinton and obama. >> well, the trump administration is still trying to get a firm grip on the environmental protection agency as it works through a dramatic shift in policy. the president's ordered a freeze on any new epa contracts, grant funding and is now in the process of trying to delay the implementation of regulations, adding to the uncertainty of media blackout. they have banned the epa staff from updating social media accounts. other agencies have also been ordered to stay off of social media including the national park service. but yesterday badlands national park went rogue after posting tweet after tweet of stats on climate change. they were later deleted saying they were made by somebody not currently authorized to use the account. well, at least the information is getting out there. >> i think it first started with 7,000 followers for the park. by the end of the day, 60,000 to 70,000. and the forecast today, the only concern is the storm in the middle of the country with the snow. still snowing pretty good from minneapolis to lacrosse down to madison, milwaukee, northwards up to green bay and sheboygan. we'll get an additional two to four inches of snow there. this is a nice snow, not the ice or sleet. this is an all snow event throughout the northern plains heading into the midwest. here's the storm the next couple of days, one we get rid of this storm, one or two days of warmth in the northeast. then the cold moves in, as you would expect because we are still in the middle of winter. it hasn't felt like it, so the cool air is moving in and temperatures will be very mild the next two days. d.c., 59. 55 and 44 on friday, above average for this time of the year. atlanta, enjoy today at 71. you cool off by friday. and as we head through the weekend, that's when the cold air moves all the way to the east coast. notice new york city highs only in the 30s. 33 by monday. that's what we should be dealing with this time of the year. and even minneapolis, 28 on sunday. 37 is way above normal. and no storms coming this way, louis. things are looking as quiet as they can be for the middle of winter as we get done with this storm today. looking out seven to ten days without any big storms. >>. that's good news. i have one more for you, the white house is reminding reporters about the privacy concerning donald trump's children. this came one day after the "snl" writer was suspended after a tweet about his son barron. it is a longstanding tradition that the children of presidents are afforded the opportunity to grow up outside of the political spotlight. the white house fully expects the cooperatitradition to conti. we appreciate your cooperation in this matter. start your party prep with venus embrace sensitive with a... ...touch of aloe because the best bit of the party is the pre-party party and venus snap for those last minute invites the perfect party prep tadirectv now. stream all your entertainment! anywhere! anytime! can we lose the 'all'. there's no cbs and we don't have a ton of sports. anywhere, any... let's lose the 'anywhere, anytime' too. you can't download on-the-go, there's no dvr, yada yada yada. stream some stuff! somewhere! sometimes! you totally nailed that buddy. simple. don't let directv now limit your entertainment. only xfinity gives you more to stream to any screen. welcome back. the state department is reviewing the release of $221 million to the palestinians. the gop lawmakers were blocking the move approved by congress in 2015 and 2016. the outgoing secretary of state john kerry notified congress of the decision. last friday morning just before the inauguration of president trump. the ap reports that according to the notice, the money is meant for humanitarian aid in the west bank and gaza to support political and security reforms and to prepare for a future palestinian state. meanwhile, israel approved the construction of 2500 new residences in the west bank. in a tweet, prime minister benjamin netanyahu wrote in hebrew, part, we build and we will continue to build. the move comes after officials approved building permits for 566 new residences earlier in the week. after that, netanyahu annexed one of the largest west bank settlements. matt bradley is joining us live from tel aviv with more on that. good morning to you, matt, what is the latest on this? >> reporter: good morning, alex. that's right, this is just the latest in a series of moves that have the netanyahu administration here in israel booing the idea of the donald trump's presidency. donald trump has a new ambassador to the west bank who people believe will be behind the settlement move. and a lot of people believe donald trump is behind a lot of the right-wing elements here in israel, especially netanyahu's premiership. what we're seeing is that donald trump is going to be moving ahead with plans to appoint this new ambassador who has actually funded a lot of the settlement moves. and this is really kind of taking the wind out of the sails of any of the negotiations stalled already for nearly three years. so this is really kind of a major blow to any hopes of the palestinians to return to the negotiating table. now, these settlements have been going on for decades and have been a major detriment to peace, but one of the bigger moves is he's going to be moving the united states embassy from here in tel aviv to jerusalem. that could really damage the peace process. the peace process has already been terribly damaged. back to you. >> talk about complicated. matt bradley, thank you so much, from tel aviv. when we come back, a look at the stories happening in the day ahead. suck on and point decisively with the arm of your glasses. it is no longer eyewear, it is your wand of business wizardry. abracadabra. you've just gone from invisible to invincible. step two: before your meeting, choose la quinta. the only hotel where you can redeem loyalty points for a free night-instantly so you can prepare to win at business. book now at lq.com before we toss it over to "morning joe," we'll get a look at the top stories for the day. donald trump is expected to issue orders on the border wall, including immigration. one order will deal with the border wall with mexico. a second one will reportedly focus on refugees and immigrants from muslim countries. and the republicans will kick off their annual policy retreat in philadelphia. this agenda includes revamping the corporate tax code, overhauling the health care system and rolling back regulations on oil and gas drilling. president trump is expected to attend and make remarks tomorrow. it's getting loud in here. joe and mika have made it into the studio. that does it and mika made it i studio. that does it for us on this wednesday. "morning joe" starts right now. ♪ >> i have behind me two pictures that were taken at about the same time of day in 2009 and 2017. which crowd is larger, the 2009 crowd or the 2017 crowd? >> senator, if you allow me to give the disclaimer, it appears the crowd on the left-hand side is bigger. than the crowd on the right-hand side. >> thank you. are you comfortable as being a adviser a as
>> trump administration on defense today in the wake of massive protests over the weekend opposing the president's moratorium on immigration from some muslim majority countries. trump's opponents calling this the first step toward a muslim ban. and trump hitting back on social media. also, on the agenda today, the inner circle. >> the administration just added steve bannon, with his sties to a news organization that traffics an anti-semitism and white supremacy to the national security council. >> one of the most controversial figures inside the trump administration now taking on a big role with the national security council. while some senior intelligence officials move to the sidelines. at least that's what trump's critics are saying. administration officials are defending the shake-up. we will take you through what both sides are saying. and, zeroing in on a supreme court pick. >> a person who is unbelievably highly respected and i think you will very impressed with this person. >> trump says the announcements coming tomorrow, our sources saying we're down to just two contenders for that open seat on the supreme court. we're going to break town who they are and what their selections could mean. that is still ahead, but we begin with our top story, president trump on the defensive after nationwide protests over the weekend reacting to that executive order that he signed on friday that halted immigration from seven majority designations and banned syrian refugees. white house press secretary sean spicer down playing the scope of the new measure this afternoon. >> we're talking about a universe of 109 people, there were 325,000 people that came into this country over 24 hour period from another country. 109 were stopped for additional screening. this is -- we've got to keep this in proportion, folks, this is 109 people being stopped at a 325 over a 24 hour period. i know that everyone likes to get where they want to get to as quick as possible, and i think the government did a phenomenal job of making sure that we processed people through, but we did so knowing so that the people who are coming in hadn't done anything that was seeking to do us harm. >> trumps critics calling the early start of a muslim ban. that's something that trump did suggest during the campaign. for more, halle jackson at the white house. so halle, this came on friday, the president made a brief statement then and i think we sort of learned over the weekend as this was applied at one airport after another over the country, we really only learned then exactly what this entailed. what's the white house saying right now? any regrets over the roll out of this? >> reporter: no, and you heard that forcefully from sean spicer here not too long ago, listen, the president said over the weekend and reiterated again late yesterday that he believes this is not a muslim ban. this is not a test of religion that came out of that statement and as the president himself said on saturday himself as well. how this is being perceived in the muslim world. the administration will say there are plenty of muslim majority countries who are not affected by the immigration portion of the ban. the portion of the ban that affects those seven nations that include, yemen, sudan, others. the administration will point out they believe that this is not a religious test. the perception is a concern. you heard sean spicer address that criticism in the press briefing, kpeskically for example those who were interpreters for the united states in the middle east. listen. >> we should make sure they're helped out. that doesn't mean we give them a pass. the obama administration let two people through the iraqi program in. they came to the united states and tried to plan an attack in kentucky. people who have helped this country may not be citizens at the time to want come here, and we need to appreciate the service that they've had, that doesn't mean we don't let them in without a certain degree of vetting. >> reporter: and it is our reporting from our pentagon team that the secretary of defense is currently writing off essentially a list of exemptions. people who will not be held to the standards of this new immigration executive order based on certain categories, for example, interpreters as you heard sean talk about there, steve. >> hallie jackson, thanks for that. i want to bring in hugh hewitt, msnbc political analyst and host of the hugh hewitt show and jonathan alter, msnbc political analyst, columnist at the daily beast, hugh, let me start with you over the weekend, i think anybody watching the news saw these scenes, there were protests at the airport, there were stories here about interpreters, about people who helped u.s. armed forces over in iraq, over in the middle east being denied entry into the country. people with green cards being denied entry. they just happened to be out of the country while this happened. the trump administration, talk if you would about their planning, their preparation for this, and what do you think that says about this administration? >> reince priebus said it was an 80%, eight out of ten would agree. it could have been higher had they made the correction that secretary kelly made this morning and kept iraq off the list. i really do think iraq's got to come off of that list for a variety of reasons, including the fact that iraqi pilots are training in arizona as senator mccain pointed out. and i would also point out that when president obama did this in 2011, there wasn't this human cry when he did a six month on iraqi refugees and immigration. so a lot of this criticism is politically driven, but i hope they get better at roll out. if they spent six hours before signing the executive order like they did 24 hours after signing it, we would have had a lot loss human cry and a lot less manipulation of the story by trump hostiles. people who want to paint donald trump as an extremists, in fact he's keeping his campaign commitment and i do think priebus is right, it's about an 80% policy properly understood and laid out. >> well jonathan, let me ask you, hugh was making an argument similar to what sean spicer was making, sean spicer, we played the clip, there needs to be a sense of proportion here when you consider what the critics are saying. do you think he has a point there? there's very little truth. >> for instance, only 109 people were affected. that's not true. 109 people were detained at american airports, but there were hundreds, if not thousands who were pulled off flights over the weekend, my wife witnessed firsthand two people being pulled out of the line. and prevented from boarding that aircraft. so, we don't know the full details of this -- pathetically incompetent rollout of the new policy. so before we can staesz, we first have to understand -- >> right, so here's -- and we've already had the issue obviously people with green cards, people who are permanent residents, they happen to be out of the country, it gets announced suddenly they can't get back. they are now dealing with that. the administration also says they are now drawing up a list of people who are exceptions to this pause of immigration from the seven muslim majority countries. if we put those issues aside and we talk about basically there is a freeze on all refugees, indefinitely freeze out of syria and pause of immigration from the seven muslim majority nations, the administration says these sort of hot beds of jihadi activity, that's why they're on the list. they want to get information from the leaders of these countries about who these folks are who might be coming in. that's on the twhabl you put the other two aside. is spicer right when he says there needs to be a sense of proportion what that is compared to the critics. >> sure. i'm sure there are plenty of overheated critics. indefinite ban on syrian refugees. think about that. we're basically saying is that when emma louisiana reduce, the base of the statue of liberty says give me your tired, your poor, yearning to be free, the lamp of liberty, as an asterisk next to it, unless you're a syrian muslim. who are these people? they are fleeing war. they are thoroughly vetted. there was a piece on "60 minutes" about just how thoroughly they are vetted. until donald trump became president, nobody checked these people is preposterous. we have not been attacked in the last eight years by anybody getting over the border because procedures have been so tightened. to now come along and say we are not going to let anybody in. we were previously letting 10,000 syrian refugees in, that was pathetic compared to the europeans and their generosity. there's no evidence that terrorists are slipping in among those people it's not compassionate and not consistent with american values. >> let me ask you this question from a different angle, hugh, the administration you have sean spicer at the briefing today saying hey, everybody's got to calm down here. this is the rhetoric is out of proportion, but i want to play for you, how this issue was introduced in the very first place by donald trump when he called for a ban on all muslims entering the country during the campaign. this is what he said. >> donald j. trump is calling for -- now you've got to listen to this one. this is pretty heavy stuff. and it's common sense, and we have to do it. remember the poll numbers. 25%, 51%, remember the poll numbers. okay. so remember this. so listen, donald j. trump is calling for a total and complete shutdown of muslims entering the united states until our country's representatives can figure out what the hell is going on. [ applause ] >> whatever you think, this is not the order he put in place, a worldwide ban on all muslims entering the united states. it's not what he described on the campaign trail. i have to say, that campaign promise, he never renounced. he never said i've changed my mind. he never said forget it, and when i look at the protesters over the weekend, i'm thinking, boy, if they are reading too much into this, then is it actually there? he's given them reason to, hasn't he? >> no, not really, steve, because over the course of the campaign, it was also made abundantly clear he was not going to install a muslim ban. just like it was made clear he would not revoke doca, and he did not. it's not a muslim ban. as to the refugees, my friend jonathan needs to remind people that the average number of total refugees in the united states for every year from 2002 to 2015 was, wait for it, 50,000. that's exactly what the executive order calls for. president obama spiked it last year, he also needs to remind people at the height of the syrian genocide occurring on president obama's watch in 2012, i believe, less than 30 sooe yans were allowed into the country. in 2011, less than 30 syrians were allowed into the country. president obama felt bad about the genocide that happened following the eraser of the red line. and he opened up the door, label the more in 2016, better that he enforced the red line. i think that in the overall total context of this, although bad rollout, and i'm not going to spare them any criticism for failing to brief and failing to alert, that reince priebus is right, it's an 80% policy. as to the seven countries, minus iraq. i think we've got to get iraq off of that list. there are too many exceptions, even if general now secretary mattis makes a big long list of all the iraqis who have fought alongside our men and women and bled and helped and saved them in many instances, so poorly constructed, hastily written, perhaps, we need the senate to hurry up and confirm rex tillerson and jeff sessions so we can get some additional office holders in place in the obstruction by democrats in the senate is part of this problem and we should make sure to underscore that as well. >> all right. we will see. we do not have any poll numbers yet on how this went over. and obviously we'll see how the stories, the scenes over the weekend affect how people do this as well. hugh hewitt, jonathan, thank you both for joining it. joining us now, susan page, washington bureau chief. thanks for spending a few minutes with us. let me ask you, here was a thought i had today, and i'm curious what you think of this. we we've played that clip of donald trump in the campaign. he made a sweeping, absolute statement as a candidate that he was going to have a total, complete shut down on all muslims entering the united states. and when we took polls on this in the republican primaries, i think it surprised a lot of people how popular that idea was. when he won the republican nomination. the base of that party seemed to be with him on that. and you look at what he actually implemented in this policy, you could say it's a very bad policy, but it's not a total, complete shut down on all muslims entering the country. i'm looking at the confusion over the weekend, sort of how vague the order was at first, all of those scene was protest, and it does occur to me, is that something politically that donald trump wanted? did he want protesters out there in the streets, up in arms saying this is a ban on muslims because it sends a message to his base that he can't that promise? >> that's pretty machiavellian, i never want to dismiss a conspiracy theory out of hand, it doesn't look like the white house had a carefully constructed strategy here to lead to big demonstrations. president trump has been in office for 10 or 11 days now and both the weekends have been marked by huge protests across the country protesting him. and while his base, i'm sure, is still with him, we saw him start with the lowest approval rating of any modern president, the highest disapproval rating and it's gotten worse in the past ten days. while this may have sent a message to his base that he said that, it is having costs for him in terms of support with americans, including some of those who volted for him and many who didn't vote for him. it's costing his support in congress. we saw republicans in the senate and the house breaking away from him today and yesterday on this immigration ban. and it has cost him some on the competency of his administration. so i think while they're not backing down from this policy, they are defending it as you saw sean spicer do, it has been a costly rollout at the least and the policy itself is going to be under considerable attack in congress and in the courts. >> that's the question, a with this issue and b sort of bigger picture going forward, you mentioned the republicans, and there was a bit -- there weren't too many at first who were speaking out. we have more starting yesterday. i think there was sop confusion, also maybe waiting to see a little bit of what the public reaction would be. but i wonder, would in a republican criticism you think have been there if the issue of the green cards had not been left open over the weekend? and you had those stories, you know, from the airport, or if you had the issue of interpreters, translators being denied. was there a way to keep those republicans on board and what risk is donald trump at of losing them in if democrats pursue action in congress to try to overturn this? >> you know the two most damaging stories were the iraqi interpreters who put their lives on the line for u.s. troops acting on our -- with our government during the war there. and also the green card earners, unable to come home. those were the most compelling stories. if you had a rollout that said these are the ways in which we're going to do extra questioning, a little extra vetting for people coming from places that are associated with terrorism, that is indeed an 80% issue as reince priebus said. but when it's portrayed as something that's tearing apart families and violating american values, the acceptance of any refugees, that's when ting becomes a risky, risky politically for the trump administration and the new president. >> it does occur to me that it's to sell that or the way you're describing requires nuance, and again, donald trump did not campaign with any nuance on the subject, that's fair to say. susan page, thanks for joining us. squeeze quick break in. president trump bumped up the planned announcement of his supreme court pick. now he says it's coming tomorrow night in prime time. up next, we're going to look at the likely front runners and the political stakes. and also -- >> make no mistake, this was a terrorist attack. >> ka nad yan prime minister justin trudeau calling the massacre inside the quebec city mosque a terror attack. coming up, what police are now saying about the suspect they have in custody. what's the best way to get two servings of veggies? 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month, president obama nominated merck garland to fill the vacancy. the nomination set off a political fire storm on capitol hill. senate republicans declaring that they would not take up garland's nomination. they said it was a tradition not to consider a supreme court nominee during an election year. here's what senate majority mitch mcconnell said days after the nomination was announced and earlier this month after democrats said they would oppose any of president trump's nominees who are out of the mainstream. >> i think it's safe to say that there will not be hearings or votes, i think it is also safe to say the next president, whoever that may be is going to be the person who chooses the next supreme court justice. apparently it is yet a new standard now, which is to not confirm a supreme court nominee at all. i think that's something the american people simply will not tolerate. >> we should say there is some precedent for the senate taking up a supreme court nomination during a presidential election year. justice anthony kennedy who still serves on the court was nominated by president ronald reagan, he was confirmed in february 1988. that was nine months before that year's presidential election. that was also a few days before the new hampshire primary. let's look at the short list that trump may be looking at right now as he makes this announcement. start with william pryor, federal judge, this is a favorite of many conservatives. he was the attorney general of alabama. close to jeff sessions, but our own pete williams reporting now, pryor may be out of the mix. more on that in just a second, who else would be in the mix though? if that's true, it may be down to these two. neil gorsuch, federal judge, this is somebody who like antonin scalia in terms of philosophy, but not in terms a personality. low key antonin scalia. another option, another federal judge, this is thames hardiman, the biography might be comp compelling. blue collar background, did not go to the ivy leagues, drove a taxi in college, he may be under consideration. you know who knows more than i do? nbc justice correspondent pete williams. take us through, it sounds like your reporting may be down to the last two i mentioned. >> that's what we've been told the last couple of day us. it's hardiman or gorsuch, people who are talking to us don't know. we don't know who it's going to be. it's going to be one of the two, steve. >> the difference, if you're donald trump and you're deciding between those two, what's the difference between them in terms what have they bring to the court? >> well, they're both conservatives certainly, either one would satisfy conservatives. of the two i would say just in terms of philosophy, temperament, probably neil gorsuch is slightly more conservative than thomas hardiman, neither one of them have written opinions on hot button legal issues like abortion or have made insend area statements about abortion which is one of pryor's problems apparently. but they both written opinions that are -- that would satisfy conservatives. gorsuch has tantalized the conservative community by writing recently a decision that says, you know, the courts have this habit of when there's a federal law that's ambiguous, we'll let the federal agency that's in charge of administrating decide how to work that out. he recently wrote that that probably gives federal agencies too much power and that is music to conservative's ears. so they would like it if gorsuch got the nomination. hardiman as you say has a little more of a mixed background. he's from massachusetts, he drove a cab for his father's cab company. went to notre dame in georgetown, not a harvard law school graduate. gorsuch knows washington. his mother was the administrator r if the environmental protection agency under reagan. first woman to have that job. and he was a senate page while she came back here. he also clerked for justice byron white who was another coloradan like neil gorsuch and anthony kennedy. hardiman has not been a clerk. one has trial judge experience, the other doesn't. so there are differences between the two, but i would say of the two on balance scores gorsuch is slightly more conservative. >> the city to watch. i grew up around there. i like getting that one in there. pete williams in washington, thank you for that. take a quick break he. up next, the opposition amid the swied spread outrage over the executive order. democrats are gearing up for a fight. and they are not stopping with this order. i'm going to talk about it with democratic senator jean shaheen, she joins me next. s the digital. communication. that's why a cutting edge university counts on centurylink to keep their global campus connected. and why a pro football team chose us to deliver fiber-enabled broadband to more than 65,000 fans. and why a leading car brand counts on us to keep their dealer network streamlined and nimble. businesses count on communication, and 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against the order. growing number of republicans also coming out against the president's action. temporarily bans people from seven predominantly muslim nations from traveling to the united states. also indefinitely prevents syrian refugees from entering this country. foreign leaders and citizens of other countries among those criticizing president trump's order. leaders from pakistan and germany say the action will hurt unity in the fight against terrorism. more than a million people in the united kingdom have already signed a petition asking their government to cancel president trump's planned state visit set for later this year. this morning, the president signed an executive order targeting regulations on business. the order requiring federal agencies to scrap two regulations for every new proposed regulation. republicans on the senate education committee turning down a request by democrats to delay a vote on education secretary nominee betsy. they need more time to review answers to written questions that they sent to him. committee scheduled to vote on her nomination tomorrow. law enforcement source in candkhacanada canada. authorities say six people were killed during evening prayers. canadian prime minister justin trudeau calling it a terrorist attack. canada will not be intimidated. >> the people who commit these acts mean to test our resolve and weaken our values. they aim to divide us. to sew discord and plant hatred. we will not close our minds. we will open our hearts. >> former president george h.w. bush returning home today after spending more than two weeks in a houston hospital. receiving treatment for pneumonia. spokesman saying the former president is thankful for the prayers and kind messages he received during his hospital stay. and i like this one, thousands of fans gathering at gillette stadium in foxboro, massachusetts, this morning, they are helping to send off the new england patriots to the super bowl in houston. the pats taking on the atlanta falcons. next sunday, right now the new england patriots a slight, slight favorite in that game. remember when they win the super bowl, it's never close. keep that one in mind. democrats turning back to politics right now, they are planning to protest president trump's executive order on immigration and refugees at a 6:00 rally tonight on the steps of the stream court. senate minority leader chuck schumer also working throughout the day to pressure majority leader mitch mcconnell to bring a vote to the floor that could repeal the order. schumer explaining his plan this morning on the "today" show. >> this evening i will ask for a vote on the floor of the senate to repeal this. senator feinstein has carefully it thought out legislation to repeal this. i hope mitch mcconnell allows that vote. already 11 republicans, not just the ones you've shown have spoken out against it. >> republicans in the house and senate opposing the executive order. that number has grown to over 20 this afternoon. joining know discuss the next step for democrats, i want to bring in democratic senator gene shaheen from new hampshire, thanks for joining us. your party upset about this order, you guys have 48 votes in the senate, you need republicans to come on board if you're going to take down this whole order. already you have the administration making some adjustments here with this issue of green cards, with the idea of come part-tipiling a list of in. do you think what the administration has done today is going to address the concerns of those republicans that you need if you're going to stop this order? >> well, i think that remains to be seen. the fact is, donald trump's executive order was -- is un-american, it undermines our values, it undermines the contributions that immigrants have provided to this country. and it undermines our fight against global terrorism. because, in fact, it can be used as we've heard john mccain say as something that the terrorists can use to attract recruiters. so i think it doesn't do any of the things that donald trump said it was going to do. and we've seen people across this country objecting to this executive order. and i want to know where the republicans are who were complaining about barack obama and his executive orders, why they're not now complaining about donald trump and his executive orders. >> let me ask you this, i've heard this from a lot of critics, certainly the protests over the weekend all over the country, one of the themes, one of the refrains was the idea that this is a muslim ban. that the president instituted through executive order. now the white house is saying that is not the case. i'm curious -- do you consider this a muslim ban? >> well, what we know is that the seven countries that are on that list are muslim majority countries. we also know that rudy giuliani has been bragging about the fact that he provided the way in which the trump administration could begin to ban muslims. and again, that undermines our values. this country was started by people fleeing religious persecution. we can't institute another wave of religious persecution here. and think that that's going to be good for america. >> i'd ask you too, donald trump -- and we played this earlier. he said bluntly he wanted a total and complete shutdown on all muslims entering the united states. i mean, that was the kind of rhetoric he was using. this order doesn't actually say that. doesn't say everybody globally, but certainly that doesn't mean it can't be a controversial order. let me ask you, when he campaigned own that kind of rhetoric, when he campaigned on the idea of a real shift, a real crackdown in border security, refugees, immigration, and he won the election. does that -- in your mind, does that mean there do need to be some changes here in terms of tightening security in terms of tightening who we're letting into the country? >> listen, i and others have said all along that we need to be very careful about our national security and about vetting those people who come into the country. but that's not what this executive order does. this is an executive order that deliberately takes seven muslim majority countries and says, we are not going to take anybody from those countries. and that, i think, is an indication that this is donald trump's effort to ban muslims from the country. and that's un-american. it's not right. it's not what this country stands for. we are a country that believes in immigrants. >> all right. senator shaheen, thanks for the time. going to go to the other side of the aisle now, bring in new york republican congressman dan khan donovan, thanks for joining us. the democrats want to undo this thing by a vote in congress. they need republicans to side with them if they're going to succeed in that, let me ask you, if the democrats -- if anybody, put a bill on the floor offering to overturn donald trump's executive order, how would you siden to? >> i think that people should take a pause far moment and see what the executive order actually says, steve. the executive order is a pause. it's saying that we're not sure the vetting processes that are in place right now are going to protect our nation from our enemies. isis has said they are going to compromise and use the refugee system, the refugee program from syria to put agents of theirs in an america won't be able to tell who's a deserving refugee and who's an agent who's out to get the americans and to harm americans? there's about 250,000 missing syrian passports, the syrian government selling credentials as a way to generate revenue. and barack obama's homeland security secretary jeh johnson who did this country a great service said there's no vetting process in place right now that will assure americans that the deserving refugees will get here, but those who to want harm our countries will be kept out. we are a compassionate nation, steve, we've always reached out. and the syrian people need our help, keeping those people out of harm's way and keeping them in the region is a better idea because of what will happen when syria finally settles and the con sflikt over, it's going to be the syrian people who build their country back up. and if they're too far away, that just won't happen. >> let me ask you about what senator shaheen was just saying, you're talking about the refugee piece of that, let me come back to that, let many ask you about the other piece. that ban, that ban on immigration, that temporary ban from the seven muslim majority countries. and she's saying, the way she can't find a way to look doesn't they looks like targeting of muslims. and i have to say, donald trump invoked 9/11 the memory of 9/11 when he announced this, but nobody, the terrorism incidents that have been committed on u.s. soil, you're not going to find them from immigrants from those countries. >> but since september 11, 2001, steve, the world has changed. fighting our enemies are coming from different countries as well. this is just a temporary ban. you said the word temporary, no one else is saying it, but you're absolutely right, steve, this is a temporary ban. what the president is saying is let me secretary of state, if they ever confirm him, and my secretary of homeland security, look at the vetting process that's in place now, improve it so that we're sure that america will be safe. that's the number one priority of this president. keeping american citizens safe. let's make sure those enemies of ours who said they will compromise this system to get their sympathizers into our country. let's make sure they stay out and deserving refugees are the ones we allow. >> i guess the question though is why single out these and people have made the point, look at how many of the 9/11 terrorists from saudi arabia. and saudi arabia's not on the list. >> well, again, the world has changed since then. that was 15, 16 years ago, steve, now our enemies are coming from other countries. and the countries that were selected are ones that there's an apparent danger from. and we're not saying that we're never going to let them in. in fact the ban allows the secretary of state and the secretary of homeland security to allow people in despite the ban on a case by case basis if there's a need to do so. so there's a catch all, safety net for people who deserve to come to our country. people are talking about people help our country, fight terrorism, and interpret languages for our country aren't going to be allowed in. there's a clause in the executive order that allows an exemption for those people made by the secretary ostate and secretary of homeland security. >> thanks for the time. >> shines and crisis in the world right now. we were just talking about it. and it is also the subject of our most important number to date, that is next. 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xarelto® has you covered. if we announce this allot earlier, it would have given people plenty you have time to flood into the country who could have done us harm. that's not a sound strategy. right. so the people that need it to be kept in the loop were kept in the loop, the people that needed to be briefed, were. >> white house press secretary sean spicer responding to criticism about keeping people certain people in the dark. certain key people in the dark about the executive order on immigration and refugees. defense secretary james mattis getting the final version just hours before the president announced it. and homeland security secretary john kelly learning about the order as the president siegned it. joining us now is sam stein, at the huffington post and politics reporter at the daily beast. sam, let me ask you that, information like that that would sort of come out about how this thing was put together, who was, who wasn't included. it felt like a lot of people found out about it just seeing by sort the process of implementation what happened. what does this tell us about the management and leadership style of this white house? >> impulsive. some would argue incompetent, but probably more ideological, and inexperienced. people who haven't really been in the top echelons of government before and trying to figure out how best to institute across agency policy like this in an insular world. and i think what sean said there is just sort of them trying to recover from what was a demons ra bli a rocky rollout. the idea you had to rush this on a friday evening or you risk a terrorist attack is demons ra bli at odds with basic realities. these vetting processes are long and exhaustive, as you noted earlier, we let in few refugees from other countries and those that do have to come into a multi-agency vetting process and often takes a year and a half to two years. if someone were to hear that this executive order were coming, it's not like they could make a bad dash across the atlantic ocean and sneak into our borders, they would have to go through a huge process. and suggest that sean is trying to find an answer to an obvious question that they should have dealt with beforehand. >> betsy, thinking of past presidents, in other like this, or decision like this with so many -- so much sensitivity, so complicated, so many possible implication implications, past presidents would have held -- would have asked for tv time to talk to the country, you know, at 8:00 at night, hey folks, it's this, it's not this, don't worry about this, worry about that, whatever, to really explain clearly what was going on. and i'm just trying to figure out, and it's an honest question, the confusion that surrounded this in some -- was in some way do you think that intentional? on the part of the white house? >> it's a good question, my guess is it was not because the confusion in how this executive order was implemented was so damaging to them. i spent the last two evenings at the airport where a number of travelers trying to enter the u.s. were detained, many in some cases for hours. i talked to the granddaughter of an elderly iranian couple, the gentleman was 88 years old and legally blind according to his granddaughter. the woman was 83, recently had a stroke, and she told me also that these two folks when they were being held in secondary inspection didn't have access to their medications. i mean, i don't think this is ma lev lance because nobody would think that elderly poo to ghau kind of experience. nobody would think there's any political upside to that. the reality is that the way that this was rolled out based on my reporting, on the ground, was -- had the effect of making the administration look incompetent, not capable of doing things correctly. and incredibly disorganized. remember, of course, we're hearing right now that the pentagon is still trying to put about interpreters from iraq who risked their lives to protect american citizens. sean spicer is saying that everybody who needed to be in the loop was in the loop. that seems like on it's face to be just divorced from reality. >> and sam stein, only about 20 seconds left here, in terms of republicans, their relationship with the white house, what does this do to it? >> well it was always kind of a rocky, weird relationship because there weren't many elected republicans who that close to donald trump. those who were were working as liaisons right now. i'm not sure it changes much. leadership has been tepid on this. they know that the voters in their party are more attached to donald trump than him, i think they're going to be continue to be tepid. >> sam stein, betsy, thanks for joining us. i'm steve kornacki. mtp daily starts right now. if it's monday, backlash from outside and inside the trump administration over a controversial executive order. tonight the white house defends it's immigration order after a weekend of chaos, confusion, and protests at airports across the country. >> actually had a very good day yesterday in terms of homeland security. >> trump aids pushing back against objections from inside the administration. >> to get with the program or they can go. >> plus opposition in the age of trump. how should the democrats respond to the president? >> this executive order was mean-spirited, and un-american. it must be reversed.