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The united states. >> bill: we will keep listening, and we'll let you know the headlines when we get them. we will let you know what's happening. we will talk about that with our extended panel in a moment. in the meantime, the head of the homeland security department saying he thinks the immigration order be upheld and the southern wall will be built. chief intelligence correspondent catherine herridge reports on john kelly's first public appearance before lawmakers in his brand-new job. >> the largest opening in the most uncontrolled part of our border is the southwest border. >> and its fir...

Would have said. >> bill: were going to play another clip, the closing argument. charles, you were listening. granted, it wasn't the full context of the states making their case, but you thought the attorney for the justice department was having a tough time. >> i'm not sure he was top of his class way back in law school. he was not -- if you are going to do this, you really have to be prepared with answers. clearly he wasn't. but i must say i was surprised. we only heard the first half, meaning the presentation of the case on behalf of the federal government. i found that the three judges wer...

Released a statement that said in part new settlements or the expansion of current settlements may not be helpful to achieving peace. >> bill: thank you. conor powell reporting in jerusalem. up next, the head of homeland security says the border wall will be built after all. first, here is what some of our fox affiliates are covering. fox 8 from boston where hundreds of thousands make this new orleans first where they experienced some horrendous storms earlier today. those storms knocking out power to many. still awaiting results in new orleans. this is the parade in boston, massachusetts, whe...

Supposed to do. they are supposed to look at the statutes, the constitution. >> bill: laura, you believe the court will send it back to the state of washington. >> they are not going to lift the stay that the district court put on it. that's going to go back to the district court. lord knows what's going to happen at the supreme court. >> bill: the arguments are ongoing, the state of washington. how did the president react? will show you what he had to say and as we listen, we will bring you headlines from san francisco by way of telephone as the case continues.

Emma next week if we didn't have this review. but the idea that judges, unelected judges, in seattle, and san francisco, are able to change u.s. immigration policy, that it's in my president's view, is really what we are talking about. i certainly have questioned the merits of it. that is fine. as to this legal issue that we are seeing right now, this is a dangerous place. if the executive branch does not preserve, and a separation of powers from the judiciary, and have that ability to make these calls, then, we are going to have a lot of monday morning quarterbacks -- >> bill: if this goes to...