will need them. liz: neil hennessey, thanks. we have the big box guy, arthur blank, owner of the falcons and cofounder of home depot right here on fox business. the dow closing down triple digits. [closing bell rings] here comes apple numbers. david and melissa, we're waiting on you guys. david: thanks very much, liz. a sea of red as we end the last trading day of the month. the you dow is 70 points above the session lows. that's a good thing. s&p 500 down the fourth straight day, highest losing streak in three months. i'm david asman. melissa: i'm melissa francis. this is "after the bell." we have you covered for all the big market losers. here is what we have this hour. apple reporting in the hour. will this put a dent typically what is their best quarter of the year. we'll bring you numbers you need to know when they come out.

that is describing congressional democrats skying two key cabinet members. less plan to delay votes and boycott hearings. sparks fly at the white house as members of the mainstream media continue to clash with press secretary sean spicer over immigration and everything else. david: that was a pretty wild press conference. adam shapiro on the floor of new york stock exchange. adam, it came back a bit. it looked like it was. >> if you look at dow, goldman sachs accounted for 30 points being shaved off the dow. losers goldman sachs, jpmorgan chase, intel. intel was darling last week. hit a record high. a bit of a selloff today.

some of the winners and losers up coach up five or 6%. coach with much better-than-expected profits especially overseas. dollar general up 5%. range resources down 10%. under armour boy did they miss. you saw a big selloff with underarmour. big losers this month, david, a lot of people as we finish january, verizon still in the deal with yahoo! exon off 8%. under armour off 24%. visa up 6%. disney up 6%. csx corp. up 6%. nrg energy, up 5%. david: good for natural gas. thanks, adam. melissa? melissa: president trump testing his hand with pharma giants giving them god reason to come back to the homeland cut sky-high drug price. >> what i want, we have to get lower prices.

we have to get even better innovation, and i want you to move your companies back to the united states. i want you to manufacture in the united states. we're going to be lowering taxes big league. we'll get rid of regulations unnecessary big league. melissa: there you go. joining me gary kaltbaum, kaltbaum capital management fox news contributor. kevin kelly recon partners. gary start with you, charles payne said companies are not incorporating ireland because labor is cheap. they're there for the tax policy we have to catch up to bring the jobs back, right? >> absolutely and the one thing i think trump talked about most is the regulations, takes 12 years to go from experimental drug into your medicine cabinet. $350 million to do it. if we can cut the number and time that changes the playing field on price and as far as the united states and people of the

united states getting drugs quicker. so i'm all for this. melissa: kevin, when people see the success of one big drug and how much money that company is raking in, they never take into account how many failures that company had and how much money they put into r&d and the tremendous investment it takes to get there. that is the pharma side of it. there is the high drug prices people end up with. how do you fix the system? >> there is a couple ways to fix the system. donald trump hit on it especially when it came to regulation. the u.s. government can certainly streamline a lot of things especially when it comes to the fda, lower a lot of costses in that way to bring back a lot of manufacturing he was talking about earlier. he is also alluding to drug pricing coming down in the u.s. as biggest purchaser of drugs for medicare, medicaid as well as for the poor. so he will have to focus on that. that's why you saw a lot of these drug stocks suffer earlier in the year.

with the rollback of regulation and tax incentives being over in ireland, that should help alleviate some ceos concerns. david: ceos are ready to work with the president they say as long as he keeps his word on a key campaign promise. take a listen. >> what can help us think about the lower tax rate. when we look globally that is massive hole. >> we'll get it. david: you heard him. gary, our economy, we have to be clear our economy is slipping now. gdp is back under 2%. inflation is up, so consumers are getting hit. that is why consumer confidence is down a bit. market is down. we need a shot in the arm, the kind of shot we get from the tax cut. >> look, he better come through. it has been promised. markets have reacted to it. business people, i speak to a lot of them, also reacted to it. they're much more positive, have a lot more confidence. if they spin their wheels and

take their time on cutting taxes it is going to affect the economy in a big way. just remember you have the fed now tighting, interest rates ticking up a little bit. add that all together, if he doesn't get on to lower taxes nothing good is going to happen. david: kevin, it is getting out of control pretty quickly. look what happened to gdp. look at inflation. all these things the market is catching up to it on the downside. >> you're seeing a delay in tax reform really hurt the stock market because that was supposed to be one of the easiest policies that this new administration could get through, given they have the congress but they have decided to pick their battles with the affordable care act. i think it is important to note this tax reform must be done because it levels the playing field for small and medium-sized businesses. you're not seeing large multinational corporations cry over it because they have already moved domiciles and they have a cadre of lawyers and lobbyists to help them reduce their tax burden.

this will get the economy moving and congress needs to push it and push it immediately. melissa: mixing business and politics, amazon ceo jeff bezos inserting himself into the middle of the discussion on president trump's immigration policy, not only pursuing legal action through congress but also promising to use the full extent of amazon's resources behind fighting the order. gary is that a smart move? is he antagonizing trump? is this the relationship these go have at this point? >> i think mr. amazon billionaire may be positioning himself for 2020. i think a lot of people in silicon valley that is looking that way. but i got to tell you something, whether you're on one side or the other as far as immigration, just amazing to watch people that didn't say a word about the wet foot-dry foot deal from obama just a few weeks ago, cubans couldn't come into the country anymore. where 2011 when they stopped iraqis. i didn't hear anybody, including jeff bezos yelling and screaming

about all this. this is quite political, everybody jumping on each other. melissa: kevin what do you think is this good or bad for amazon? >> i think it is bad for amazon considering only 90-day moratorium. >> exactly. >> the ban will be lifted. it is national security issue. not a immigration issue. there is legitimate war and jihad. we're seeing directive from operatives to come over here to the united states. and we've had terrorist attacks domestically here over the last year. look what happened overseas when they have kept their borders open. france has come under attack time and time again. this is a new administration coming in putting on a temporary moratorium. so for amazon to spin its wheels to get into a big political hoopla, i think it is a waste of resources unfortunately. melissa: guys, thank you. david? david: we are awaiting a big earnings report from apple. it will be out any moment. ceo tim cook is also railing against the president's

executive order on immigration. as we just heard, we have mashable's lance ulanoff. he writes if trump were president 65 years ago, there might not have been an apple. he joins us later in the hour to explain. melissa: former presidential candidate herman cain says the mainstream media is fueling this immigration freakout based on lies. he is also among our guests coming up with that. david: speaking of the media, they better get used to getting attacked. press secretary sean spicer getting very tough with reporters at white house. >> i apologize nbc's reporting based on "the new york times" false reporting. so what else is new? how's your mother? umm..she's doing good. she needs more care though. she wants to stay in her house. i don't know even where to start with that. first, let's take a look at your financial plan and see what we can do. ok, so we've got... we'll listen. we'll talk. we'll plan. baird. i use what's already inside me to reach my goals.

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melissa: very busy day in the white house as the president

checks off first part of his 100 days agenda. blake burman live at the white house. reporter: melissa, meeting with cybersecurity experts wrapped up moments ago. a meeting finished without an executive order being signed. we were told the executive order would happen this afternoon. now appears delayed for a moment. president trump outlined two main portions around it. securing federal networks. would be agency heads would be ones personally responsible for the cyber networks involved with their agencies. second, the executive order, when it is eventually signed will call for protecting infrastructure all across the country. before that meeting was yet another press briefing with the white house press secretary sean spicer and as we have seen in days past, this got testy yet again over one particular issue, whether or not the president's executive ordealing with emigration is a travel ban or not. watch.

>> i don't want to spend each of these briefings talking about misinformation. >> he says it is a ban. >> do you think words media is using but at end of the day -- hold on, thanks i will let kristin talk. >> president himself called it a ban. >> is he confused or he is confused. >> can i answer the question? no, i do. there are confusion all due respect. you are part of the confusion. i apologize nbc reporting is based on "new york times" false reporting. no, no, answer the question. reporter: got a little bit of a gist tough to follow inside the room as it was happening. mr. spicer's argument, or he said in the past i should say this is ban. president has said that. mr. spicer is arguing that the media is the one labeling this a travel ban. melissa. melissa: just one burn after another. i have never seen such riveting press conferences before, blake. a lot of fun to watch.

maybe not as fun in the room. you fared well. you're still alive. thank you. david: that was a great montage. thanks for the producers. dan henninger, "wall street journal" editorial page director. dan, when don rumsfeld was singling reporters and chiding reporters for asking dumb questions. it ended badly. people looked forward to the pressers. will same happen to spicer? >> depends on purpose of pressers this is pretty remarkable. i think we're not free trade treaties but need a free press treaty. david: i like the action. don't you? >> but the thing is, david, you got, the american public need as credible set of facts. this is going in the wrong direction. this is more of a tower of babble. david: if they're presenting him

with things that aren't trueing calling it muslim ban for example, which is not true, what is wrong with them correcting them and doing it in a hard manner. >> he said trump's treat using the word ban was merely quoting the media. this is distinction without a difference, david. if the president himself is tweeting that it's a ban, then the word ban is in play. for the white house press secretary to get into this kind of debate or link questionstics with the -- link which istics with the press corps is counterproductive. david: i don't know. i see it both ways. one presser john kelly had the new hhs secretary. four-star general from the marine corps. the guy knows how to operate complicated group of organizations and individuals. tens of thousands of people involved, homeland security. this guy, his press conference, really gave me confidence he knows what he is doing. >> yeah, and it should. beyond this executive order, it has to be implemented, right?

there to be detail how people will be vetted. whether new visa policy will be. presumably john kelly at homeland security will in charge of coming up with the policy set. if we get away from the maelstrom we've been in the for the last several days and into general kelly, trying to produce some real policies to handle these people coming into the united states, we'll be a lot better off. david: he gave me a sense of confidence. >> he should. he is a great general. david. glad he is there. finally, maybe this and fox news are only two channels donald trump watches regularly. we'll plead again for tax cuts. we need tax cuts. market going down several days in a row, triple digits. we've seen the gdp slip under 2% again. the economy is slipping. that is not a good thing. it needs a jolt and tax cut could give it that jolt. >> i can only agree with you, david, the question how will they schedule all of the legislation and things they're trying to do? you have obamacare, repeal and

replace, a heavy lift. you have the regulations, congressional review act which senate needs hours to deal with, probably an infrastructure bill. coming along behind that, somewhere the tax reform bill. i think that really has to go first. it will be much more complicated than people anticipate. lauren: if the economy starts taking off because of tax cuts all these other things might seem smaller than they do now in comparison. >> and the opposite, david, if the economy does not take off, the public will blame people in charge, that will be president trump and republicans in congress. they need to lift the economy in first six months. david: dan henninger, "wall street journal" thank you very much. melissa: amen to that. the president set to announce tonight to the american people his choice for the supreme court, most likely tipping the scales in favor of conservative values. plus more than a dozen government agencies are currently without a leader at

the helm. how democrats are stopping members of the trump's cabinet from doing their job. >> what we're doing is using our authorities under -- >> i think we call it old-fashioned hissy fit. this is the silverado special edition. this is one gorgeous truck. oh, did i say there's only one special edition? because, actually there's 5. aaaahh!! ooohh!! uh! holy mackerel. wow. nice. strength and style. which one's your favorite? (laughter) come home with me! trade up to the silverado 2500hd all star edition and get an average total value over $11,000 when you find your tag. find new roads at your local chevy dealer.

melissa: boycotting president trump's cabinet. top democrats forcing delays on votes for nominees including attorney general pick jeff sessions. fox business's peter barnes with latest on this one. break it down, peter. reporter: that's right, melissa. we expect a sessions vote in committee tomorrow now. as for steve mnuchin nominated by president trump to be treasury secretary and tom price, nominated toed to be head of department of hhs, we don't have any timing right now and

that's because democrats blocked votes on their nominations in the senate finance committee today by not showing up, which mint they couldn't call the meeting to order. right now the top democrat on the committee, ron wydennen saying, that this morning the finance committee was scheduled to vote on these two nominees saying they have misled the public and held back important information about their backgrounds until questions. are answered democrats believe the committee should not be move forward with the nomination. price was not forthcoming about a health care investment and mnuchin had not been forthcoming about robo-signing at a bank, mortgage robo-signing at a bank he once owned. committee chairman orrin hatch said he could not understand why democrats would do this when everybody knows republicans have vote to get price and mnuchin through the committee and full senate and that democrats can just vote against the nominees rather than hold them up. listen. >> i'm hopeful that when we

schedule this again, that they will be here. we're going to do this again throughout the day and see if, if, if they will come and do the job that they have been, they have been elected and sworn to do. and, i'm very disappointed in this type of crap. i mean, my gosh, there is no excuse for it. reporter: crap is a pretty strong curse word for senator hatch. he happens to be a mormon. guys, back to you. melissa: that was good, peter. david: i never heard a curse word come from his lips before. that's a new one. apple ceo tim cook taking a aim at trump's ban and are stock holders okay. plus as democrats he slow-walk trump's cabinet, what happens to his supreme court nomination?

herman cain, former presidential candidate, sounding off on that coming up. >> the entire left is embattled. they're outraged, they're under siege. they're terrified. they don't know what to do.

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melissa: breaking news. apple expected to report first quarter earning any minute now, the first full quarter to include the iphone 7 sales but

is it enough to boost revenue growth for the tech giant? here our very own adam shapiro. we have ashley webster. lance ulanoff, mashable chief correspondent. gary kaltbaum is back with us. adam, how has apple's stock performed since the election. >> apple's stock has done okay. they were expecting 77.25 billion in revenue in first quarter for apple based on sales of the iphone 7 and iphone 7, keep in mind, benefited from problems with samsung and exploding phones. also the fact they had a new device. they had a great holiday sales. suite get confirmed if they make a revenue number. that is year-over-year increase of something like 1.8%. earnings per share will fall about 2%. that will be $3.21. what will they do since 2/3 of all revenue comes from the iphone. melissa? melissa: thanks so much for that.

lance, what do you expect to hear. what is the big question for your mind? >> how many iphones and iphone 7 pluses they sold. we heard about issues on the 7 plus side but they solved this would encompass the holiday buying season. it has to be their biggest. they have to have really big numbers. traditionally they have done very well. there have been headwinds on iphone sales side. it is still a really good part of of their business but it is starting to shrink. you will hear tim cook talk about their services. >> gary, it's a drinking game how many times ceos blame trump whatever is going on the climate, election and chaos that is going on. do you think we'll hear the same thing from tim cook? >> look, i hope not. he should concentrate on his company, the most important thing going forward is not this quarter. it is probably next september

when the next iphone comes out. they may do it in july because of their 10th anniversary of the first iphone. that will change the playing field one way or another. if they don't get a blockbuster next year you're dealing with a company stagnant with sales and growth and earnings and a gargantuan company that can't grow anymore. melissa: lance, do you agree with that? stagnant, that is apple. it is ubiquitous plus their competitor burst into flames. >> we should all be as stagnant. melissa: stand by. we want to go to the numbers. ashley webster in the newsroom. ashley. >> they are flying in. 3.3, that is a nice beat of the 3.21 estimate adam was talking about. revenue, $78.4 billion, beating the estimate of 77.25. very quickly glancing at the numbers, number of iphone units shipped, 78.3 million.

that is the better than estimate expected around 77.4 million. sales of the iphoneplus certainly boosting revenue in recent quarter, which included all important holiday season. melissa: thank you for that. lance, that is the number you want to hear. what is your reaction? >> not really surprised. excellent phone. people wanted it. they were excited about it. they were excited about bigger phone which may have helped revenue. definitely harder to keep in demand. i think there is significant pent-up demand for people who decided to wait for the iphone 8, because they expect a really big change in the fall or summer. this may be a very good year for apple. david: well, gary, the big question i think what the new phone is, and whether they continue to have this lab culture that produces new kind of incredible shock and awe products. some people say they have kind of lost a little bit of that edge. what do you think?

>> they are preparing the market for something new come next year. there is talk about glass. there is talk about, you know, the ear phones how that will work. i expect something new. whether or not it will be a blockbuster, is the story. this size company a pretty good beat on earnings side. sales growth is flat year-over-year. earnings drive stocks year-over-year. if they continue to have flat growth you will pretty much have a flat stock. david: lance, just earphones that will not be enough. people want a big new product. really new invent tiff iphone, what do you think? >> it is iphone. not a new category. there are limits what they can do. there are limits how thin it can be. limits to the size of the screen. there are questions what they will do inside the relatively fixed chassis. will they change materials? change the screen technology from lcd? david: what do you think?

>> i think they will make as many changes as possible that make as much sense as possible. thing to keep in mind, hear a rumor about apple sounds crazy like rumor for iphone sounds crazy apple will not do that apple will not do that they will be practical. melissa: ashley real quick has more color. go ahead. >> 78.4 billion revenue to be exact. 54.3 billion came directly from iphone sales. those iphone sales so important in generating revenue, right around 60%. also $7.1 billion from the services revenue. this area continues to be a nice area of growth for apple. revenue from the app store and apple music. that is strong as iphone sales declined. iphone sales this particular quarter have done very well. service revenue coming in strong. david: lance, let me ask you about services. it is not as sexy as a product.

putting a lot of hope services revenue flow. >> why shouldn't they be. you know you are paid every year every month. people are tied into the icloud for storage space. pay 99 cents a month or pay $10 a year, something like that. you keep paying it. you pay more, for that and apple music. tim cook knows this is important part of the business. used to be something he didn't talk about. he talks about every quarter and every earnings call because it is growing. he knows how important it is and makes investors very happy. david: we'll keep a close eye on the numbers on the screen but we want to bring politics and policy. apple put itself in the middle. ceo tim cook taking on president trump's immigration order, apple believes importance of immigration to our company and nature's future. apple would not exist without immigration and let alone thrive

and innovate the way we do. lance in a recent article, we wrote if trump were president, 65 years ago there might not be an apple. what do you mean? >> steve jobs father was born in syria. he went to beirut and then emigrated to the u.s. to go to school at university of wisconsin where he met his american wife. the child, steve jobs was conceived shortly thereafter. he was adopted by american parents but my point is very simple. his father night not have been able to come to the u.s. under trump's policies. david: well, yeah. but that was like, when his father came over was in the 1940s. >> that's right. david: half of syria was not controlled by murderous terrorists like they are today. i want to go to gary on this tim cook wrote specifically in criticism of trump's policy. says apple is open to everyone no matter where they come from, to which i say, even if they're terrorists? he has kind of a head in the

clouds view of this thing, doesn't he? >> look, i believe these companies see what's fashionable out there. i'm a little more jaded than most. i think they're putting it out there they're this good corporate chieftan, we're good for everybody so buy our iphones whoever you are. i don't blame him for doing that i don't think there are any repercussions doing that they put their finger up in the wind, realize we're okay if we go forward with this type of talk. melissa: ashley, go pack to you for a second. you have more color. give it to us. >> continuing to get through the numbers a little bit, melissa. imax sales coming in at 5.37 million units. that is a beat. just slightly, a beat. ipad unit sales continue to suffer as ipad sales going down, they came in at 13 million. which sounds like a lot. estimate was for 14 million. ever since the iphone got bigger and bigger appeal ipad

has gone down and down. ipad sales missing estimates. melissa: lance, is that surprising on it pads? >> no. that has been his point is exactly right. as phones gotten larger, people found less need for an ipad the ipad mini came out after regular ipad. look difference between ipad mini and iphone 7 plus. it is not that much. something you can put in your pocket. that is just a fact. that is why we have the ipad pro which is supposed to be really designed for business people and get into the enterprise. they're trying to grow the business that way. melissa: interesting stuff. thanks to all of you. david: day after day, president trump is following through with his campaign promises but one of his biggest decisions is just hours away. >> for 70% of the voters the president's choice for supreme court was an important factor in their choice at the ballot box. this individual will make those voters and every american very, very proud. the bottom line is, for your goals,

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david: more breaking news from apple. stocks is up% after-hours with a beat on third earnings results. tech giant said demand for iphone 7 helped deliver record revenue, ening three consecutive quarters in decline. good for them. melissa: we're a little more than three hours away from president trump's historic announcement. the president is getting ready to reveal to the american people his choice for the supreme court. fox news's shannon bream at nation's highest court with the latest. shannon, i heard people say it is definitely this one and i heard others it is definitely this one. really something. reporter: yeah, it really is. i'm having same experience you are. people insisting they know for sure. they have been told by someone at the white house it is a lock. this administration likes to keep people guessing. they like the suspense of the big announcement. it is months of vetting and interviewing going through the records. let's talk about the two i've

been told it is down to. judge kneel gorsuch. denver, colorado, sits on 10th circuit. he clerked for justices byron white and anthony kennedy. he would be first ever clerk to alongside his boss as fellow justice. wrote hobby lobby decision. this is what he thinks the role of a judge should or should not be quote. judges should be in the business declaring what the law is using traditional tools of interpretation rather than pronouncing law they might wish it to be in light of their own political views. now another stellar resume' comes from judge thomas hardiman. he has a personal connection to the president because he serves on the same bench, the third circuit as the president's sister, who is also a judge there. first person in his family to graduate from college. got through scholarships by driving taxi. love that part of the story.

in 2003 questionnaire when he was nominate nate to lower court seat he said, very much in line with the same philosophy from judge gorsuch. the president is well aware conservatives expect him to deliver on this pick. more than one in five voters said the supreme court was the most important factor for them in the presidential election. of those, whopping majority, 56% voted for mr. trump, 41% for mrs. clinton. conservatives are happy about both potential picks although they feel the record is little light on issue of abortion. some would like to see a paper trail. consistently the president said throughout the campaign and continued to say it in recent days he will pick someone who is pro-life. people who, that is their number one concern they will be watching closely for the pick tonight. melissa. melissa: although, how tough is the confirmation process going to be no matter who gets the nomination, shannon? reporter: democrats already

signaled they're not waiting for the name. they don't care who the nominee is. this will be a tough bruising battle. we heard that from senate minority leader, we'll try to keep the seat open. we heard from oregon senator jeff merkley, democrat saying basically this. this seat is stolen seat. first time a senate majority stolen a seat. we'll use every lever to stop this. he will push to go 60 vote threshold. republicans win over a handful of democrats or consider "the nuclear option" which would change the vote threshold for supreme court justice to 51. people on both sides don't want to see that happen. both these judges got through the senate years ago unanimously. some of those democrats will have to vote on them again. they voted a few years ago. melissa: they both did? i realized hardiman. i didn't realize breathal both were through unanimously. we'll watch. stay tuned to fox business for full coverage and analysis of

president trump's supreme court announcement, a special edition of "lou dobbs tonight" starts at 7:00 p.m. eastern. david: new fallout from the immigration battle. the president's executive order continues to dominate the headlines but is the mainstream media to blame for the chaos. plus congressional tensions flaring. senate democrats choosing to skip scheduled votes for key cabinet position what this means for president trump's nominees. next, herman cain, always got an opinion. he is joining us next. this is the silverado special edition. this is one gorgeous truck. oh, did i say there's only one special edition? because, actually there's 5. aaaahh!! ooohh!! uh! holy mackerel. wow. nice. strength and style. which one's your favorite? (laughter) come home with me! trade up to the silverado 2500hd all star edition and get an average total when you find your tag. find new roads at your local chevy dealer.

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david: president trump's administration standing up to the mainstream media conventional wisdom on his immigration order. homeland security secretary john kelly presenting his team's views how to carry out the order

more smoothly. press secretary sean spicer battling the media over what he calls their misimpression about exactly what the order is. who has got it right? here is herman cain former presidential candidate and fox news contributor. great to see you, herman. thanks for showing up. >> thank you, david. david: deal with first of all i think a big misstatement about this executive order. it is a muslim ban. john kelly, our new head of homeland security, four-star general from the marine corps, really sound guy, he spoke to the point today in his press conference of the let's play a bit of that. >> this is not a, i repeat a not, a ban on muslims. the homeland security mission is to safeguard the american people. david: if it was a muslim ban it would have to include 50 countries that have majority country populations. frankly i believe the general more than the media on that. >> i do too and that is the first lie, and i'm going to call it what it is, it is not a muslim ban.

it is a pause on these people coming from these seven countries. here is the other lie, david. when elizabeth warren and other democrats say it is illegal, that's another lie. so you take two lies and the liberal media has gone from being irresponsible in their reporting, to irrational, and they are fanning the flames of all the demonstrations and violence and unrest. david: not only fanning the names of demonstrations but isis is now using that same kind of language saying that there is a muslim ban in the united states, therefore we have to triple out efforts to get the an fiddles. >> absolutely. that is what is causing all of this. and so, you know, the fact that general kelly has clearly stated it is not a ban on muslims, the liberals and the democrats, they don't care about the truth. and that is why we have had this

media frenzy, i call it media frenzy 2.0 for the last couple days. the only thing tonight at 8:00 eastern, maybe they will move on to something else to try and create a media frenzy. that is very unfortunate. david: do you think they will leave it when donald trump announces his supreme court nominee? will they leave the immigration thing behind and focus on that, or because it is hard for the media to focus on more than one thing at a time. >> you're right. i think half of them are going to focus on trying to destroy whoever president trump nominates. the other half will try to continue to spin this whole story about this executive order he. so going to have it split day a or two, and spread more bad information about the supreme court nominee but, but about people like dr. tom price. that is their next target. the reason is, he is a threat to them. he knows how bad that

unaffordable care act is. he knows what we need to do to repeal and replace. that is what they are afraid of the most. that is why they're going to go after him as hard as they go after the supreme court nominee. david: but they have no chance. for those particular nominations they have no chance to block them, right? so i mean, eventually if they were to have no consequences at all, aren't they discounted by the public? >> yes. they are tryinto putn a good show such that at the end of the day, david, they can say, well, we put up a good fight. you know, that is the message that they're trying to send. here is the other sad thing about the democrats last tactic which is fear and obstruction. the american people, the majority of them, don't care. they have, they have seen the democrats as obstruction its but the democrats believe a lot of their supporters are cheering

them on. no. not even some democrats that i know are in favor of what they are doing, knowing that in the end they're not going to win. they are out of touch with the public. david: let's focus on the supreme court for a second because as we know, most americans, a big majority of americans say that really did play into their decision on who to vote for for president. we know it is an important issue. is it so important to americans that they would feel uncomfortable if the republicans said, okay, these democrats are not going to approve anything. we'll go for "the nuclear option," a simple majority will be enough to get the supreme court nominee in? >> i believe the majority of american people who voted for donald trump on this single issue, although i think they voted for him for a lot of issues, they would be perfectly fine if you have to use "the nuclear option." you now here is the win-win for the conservatives an republicans. the two that shannon people talked about earlier, either one

the conservatives and republicans would be cheering that nomination on. so it is not the republicans and conservatives that we're worried about being happy at this point. it just how big after fight are the democrats going to put up? chuck schumer and other democrats said it over and over and over, we don't care who it is we'll fight to the death. we'll fight to the end. basically what they're doing, david, and i don't mean to be sacrilege just, i'm a man of faith, if they had put up somebody died on the cross 2,000 years ago they would still fight it and they think we care around we simply, the majority of the people don't care. david: don't the majority of the people want at least a couple of democrats voting for this nominee? it's a very important position. it's a position for life, quickly? >> it would be good for those democrats that vote to support the nominee, and i can tell you this. i hear from my folk all the time, that listen to my show. those democrats that vote

against the nominee for no clear apparent reason other than party politics, people are going to remember when they are up for re-election in 2018. david: yeah. it is coming up quickly. herman cain, thank you very much. great to see you my friend. more breaking news from apple. stock up 3% after-hours. reporting all-time record earnings report. tech giant says better than expected iphone sales helped boost company revenue and push iphone average selling prices to a record high. visitors might not be rushing to california for the sun. hear why undocumented immigrant could be flocking to the entire golden state soon. and the urinary symptoms of bph. tell your doctor about your medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, as this may cause an unsafe drop in blood pressure. do not drink alcohol in excess.

to avoid long-term injury, get medical help right away for an erection lasting more than four hours. if you have a sudden decrease or loss of hearing or vision, or an allergic reaction, stop taking cialis and get medical help right away. ask your doctor about cialis. >>

david: from sanctuary cities to entire states. california is looking at potentially to becoming a sanctuary state.

the state senate committee is weighing a bill that could turn all of california into a sanctuary state as san francisco sued president trump saying his push to ends sanctuary cities is unconstitutional. >> i want the entire corrupt washington establishment to hear these words from all of us. when we win tomorrow, we are going to drain the swamp. we are going to washington, d.c. and we are going to drain the swamp. you probably heard me say the, drain the swamp. liz: looks like that effort is