we had it right after the election. jack mcintyre, he has mexico as one of his biggest positions in his fund right now. [closing bell rings] markets ending shoppy session higher. dow gaining 2. nasdaq up 27. there is the closing bell. david, melissa teeing it up for the facebook earnings. david: thank you. melissa: the dow getting a brief bump this afternoon on news that the fed unanimously voted to keep interest rates unchanged. but then cooling off to end the day up around 25 points. the s&p, nasdaq, closing higher as well. i'm melissa francis. david: nice to see all green. i'm david asman. this is "after the bell." we have more of the market coming up. first this is what else we have for you at this hour. division and disruption on capitol hill as democrats continue to fight against key cabinet picks, boycotting votes on president's three choices today. extraordinary measures senate republicans have taken to move

ahead without the dems. one more cabinet member can officially get to work. former exxon ceo rex tillerson overcoming objections over his ties with russia. he was just confirmed. he got the approval of some democrats as our new secretary of state. national security advisor michael flynn saying, quote, we are officially putting iran on notice. adding the obama administration failed to respond adequately to the iranian threats but what does putting iran on notice actually mean? he is briefing reporters at this moment on what new actions may be taken. we have an all-star roster of guests to take us through a very busy hour. melissa. melissa: all right. the dow losing steam in afternoon trading. propelled in large part by shares of apple. take a look at this. we brought you this breaking news after the bell yesterday. apple's report first quarter driving the stock to its highest

level today in more than a year-and-a-half, up more than 7%. a big earnings report for facebook will be out any minute. analysts are anxiously wait to see how many more users the social media giant has added. that is key metric. we'll bring you the numbers when they come out. david: before that the honeymoon is definitely over if it was ever on. lawmakers battling it out in the nation's capitol. democrats preparing for a fight of president trump's supreme court nomination and continuing to boycott the president's cabinet choices. despitall that the senate voted moments ago to confirm former exxonmobil ceo rex tillerson as our secretary of state. fox business's peter barnes is in d.c. with the latest, and peter, there were some democrats that voted for tillerson. >> reporter: that's right, david. we're waiting for announcement when rex tillerson will be sworn in. they have been swearing in the nominees once confirmed the day of their confirmation. so look for that possibly later

today for rex tillerson. this after the senate voted to confirm him 56-43. four democrats crossing party lines to join every republican in approving tillerson as president trump's top diplomat. west virginia joe manchin. david: sorry, peter. we got the facebook numbers. go to ashley webster live in the newsroom with those numbers. >> here we go, the big numbers, david, earnings per share a buck 41. adjusted americament. that is a 10-cent beat on earnings. revenue 8.81 billion. estimate on the revenue side was 8.1. going through the all-important users. monthly active users, for the fourth quarter coming in at 1.86 billion. that is up 17% year-over-year. as for the monthly active users, users on mobile devices, that comes in at 1.74 billion. that is up 21% year-over-year.

all in all pretty nice numbers for facebook. i'm just seeing what it is doing after hours. it is up very nicely, thank you very much. all the metrics, mobile ad revenue, representing if i'm reading this correctly, about 84% of all advertising revenue in the fourth quarter for facebook. mobile -- obviously want to dig more what they plan to do with video and other interesting projects. david: go dig. melissa: thank you so much. jonathan hoenig of capitalist pig hedge fund, fox news contributor. "wall street journal" senior video reporter shelby holiday is here. shelby, i will startith you. a beat on monthly acti users that is what everybody was focused on, what did you think of the 1.86 billion? >> it was a beat. facebook forecast slower growth because it was running out of room for advertisements frankly on the news feed. we don't have more room for advertisements. much better than expectations. growth didn't grow as much as they thought.

facebook is pivoting towards video first model. interesting to see what they say on the call. in addition to news feed is print ads or video ads. they want to not only promote their videos but get into their own content but create more space for these advertisement. they're tapping into a $70 billion u.s. television ad market. even if they take 1% of that tv ad revenue, they would grow 2% in revenue. so, huge numbers on the horizon. melissa: jonathan, real quick of, what do you think, go ahead? >> expectations very high. the company delivered. why the stock is up 3%, melissa, after-hours. the wind is at its back not just with ad sales but large cap technology stocks. you mentioned apple at 52-week high. facebook at an all-time high. this trend rolls on in 2017. david: okay. so the numbers look good but there is still a cloud over facebook. facebook facing increased pressure to crack down on the

live video feature after the platform was used to stream and provoke a series of violent content. here, morgan wright, cybersecurity analyst. morgan what makes facebook exciting makes it dangerous. we saw couple examples, suicides streaming live. kidnapping after guy in chicago who was beat up. how do they get around that? how do they get a handle on the streaming problem? >> look, david, one of the issues they will run into, what happened in france when the police officer and his partner was lled, killer streamed it afterwards, people are starting to take facebook to court in germany, suing them for this kind of capability and not doing anything about it. i spent 30 minutes this morning trying to find parental controls. how could i determine what my kid is doing and keep them from broadcasting live? they will have to get some technologies allow people to immediately alert notify law enforcement when they see crimes being committed, homicides, rapes.

we have everything from rapes, murder, assaults suicides on facebook live. at what point does facebook become legally liable for unintended incidents? i don't think they intended -- david: morgan, what are the courts saying about that? >> still going through this. initial lawsuits were filed. i'm tracking this in germany, what actually happens. what happens there could have precedent or maybe impact here. at some point somebody has to think through this, and go, we can't have somebody unfiltered as becomes more of an epidemic and phenomenon and keeps reaching out, what will we do to stop isn't what will we do to filter it? i know they don't want to do it. guess what, they have a big technology platform making a bunch of money and they have to take some responsibility for it at some point. david: very easy to sue people. is there a problem with terrorists encrypting messages what they put up on facebook? >> you will hear things where you can hide messages within

messages. private communications, private groups communicated that keep it off the radar of u.s. intelligence and law enforcement. it is one of those things. you built it doctor alfred nobel originally built dynamite pour peaceful purposes. it was used for other things. same thing with facebook for social engagement. now we're seeing it -- there is no easy answer, david. there is no silver bullet. they have to start taking concrete steps to stop preventing this stuff from coming out, empowering more people, monitors, people trusted by facebook, regular users to immediately notify or block streaming when they see something like this happening. david: based on the nuers we're seeing they have the money to do that to hire people. >> there is no excuse at this point. they have the money. they need the political will. david: they have the cash. morgan, great to see you, morgan wright, appreciate it. melissa: fighting fake news, facebook fighting steps to stop the fake news problem. they were under fire for

spreading false content during the presidential election. here is howard kurtz, fox news media analyst and media biz host. experts in the industry a lot of ways we're looking at this wrong direction. fake news is about the idea, whether google or facebook, they don't want you going anywhere else. they want to keep you right there. they have algorithms that surround you with what you want to hear. you could be in echo chamber you're getting fake news because you doesn't realize because just trying to make you happy on facebook. appointing somebody like campbell brown to be in charge of fake news doesn't solve that problem, howard. >> i don't think that is her job description. that is serious problem. we're talking about made-up, totally fictitious stuff. melissa: right. >> to the extent facebook can't get handle on this without being accused of political censorship, this is media company, mark zuckerberg denies it, how do you

accuse without political bias.nt facebook. with mark zuckerberg coming out expense president trump's travel restrictions around most of people in california are from the political left. melissa: we're talking about things totally made up, but piled into news feed not by another human but through the algorithm. seems like something they should be able to fix and more committed to. do you feel like they're really tackling this or they're giving it lip service? >> i have the impression facebook is taking this seriously but can't figure out what to do because if you hire a staff to weed out this stuff how do you control their politic byes? a related problem, melissa, spite the impressive numbers we heard increase in active monthly users a lot of people are yelling at each other on facebook or unfriending each other over donald trump pro and con. i'm hearing a lot of people turned off they want update on

friends and families an kids and sled they're streeting screamed at. that increasingly is taking over the facebook content. we'll see how long that lasts. >> you're so right, howard kurtz. thanks so much. you're coming back in a little bit. don't move. david: not everything is politics but we'll talk about politics right now with peter barnes who we interrupted right in the middle of explaining what happened with the confirmation of rex tillerson. apologies to you, peter, go ahead with your report. reporter: that's okay, david. we were talking about the democrats switched over to cross the aisle to vote for rex tillerson as secretary of state. joe manchin of west virginia. heidi heitkamp, north dakota, mark warner of virginia and angus kink maine who is independent caucuses with the democrats. let you know the president's nominee for secretary of veterans affairs, david shulkin is facing some tough questions on his proposals to reform the agency at a confirmation hearing for him going on right now but so far, lawmakers have signaled a quick confirmation for shulkin is likely.

he already worked at the va under president obama as the agency's you know secretary of health. david? david: good stuff. peter, thank you very much. melissa: president trump scoring another big victory with rex tillerson's confirmation as our next secretary of state but democrats are fighting tooth and nail against the confirmmation of everyone left for trump's cabinet. more on the extraordinary methods senate republicans took today to press on. david: we all know whoopi goldberg is an outspoken critic of president trump but her latest comment, have you heard them, they are sparking outrage with both sides of the aisle. we get into that. melissa: another day, another heated press briefing. white house press secretary sean spicer duking it out with the media over cabinet confirmations. howard kurtz will come back and, as host of "mediabuzz" and weigh in on this one. when you're close to the people you love, does psoriasis ever get in the way of a touching moment?

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melissa: so this another look at shares of facebook. the social network up 3% after-hours, trading at new record high. this is following a beat of fourth quarter earnings and the revenue. the company giving credit to an aggressive push into mobile and video for the boost and better than expected growth in monthly active users. they beat that number as well. david: we have some breaking news for you. president donald trump is currently in dover, delaware. he is honoring the u.s. navy seal who was killed in yemen on sunday. blake has all the details for us blake, i guess he is meeting with the family of the seal? reporter: correct, that was special operator william ryan owens of 36 years old, peoria, illinois. we're told leaves behind a family including three children.

this was the first counterterrorism operation in the trump presidency over the weekend in yemen which officer owens was killed during that operation. this was an unannounced visit here at the white house a little while ago. president trump boarded marine one. eventually got on to air force one. made a very short ride over to dover, delaware, as the body of special warfare operator william ryan owens is now returning back home to the u.s. the family of mr. he owens requested privacy for the matter. part of the reason we're led to believe why it was pretty much unexpected and unannounced at white house throughout the day. in fact the media travels alongside the president we're told has been kept away from that area this will be a moment between the president of the united states, the remains of mr. owens returning and we believe mr. owens family there at dover, delaware. the base there.

yet another solemn reminder, david. really the first for president trump, that sometimes there are unfortunate realities that come with also being the commander-in-chief. at the white house press briefing earlier today white house press secretary sean spicer asked whether this was successful mission. keep in mind 14 members of aqap, al qaeda of the arabian peninsula were killed in this event, in this raid, this counterterrorism event. mr. spicer said anytime a member of the military is killed, anytime you have members of the military injured as was also the case, no it is not 100% successful. though they did point out certainly that there was a lot of intelligence gathered at this event. nonetheless president trump in dover, delaware. we expect him back here at the white house at this very private moment there in delaware. david? david: very moving tribute that sean spicer made to him today at the presser. blake, thank you very much. melissa. melissa: the media continues to

say some cabinet picks might have trouble being confirmed. the white house says these stories are absolutely false. >> you can go backstory after story, and again each one of these folks who i have heard isn't going to make it will go over the finish line each time. i think you know, we hear it over and over again, yet we succeed every time. melissa: all right. joining me now howard kurtz, "mediabuzz" host and fox news media analyst. it turns into a battle royale. as soon as he see him entering into the press room i turn up volume and get get out the popc. this show. the tone of reporters who were are not there were very different, howard, did you see that? >> i think great innovation. now the local reporters, tend to ask local questions which were kind of soft, so what. it is nice they have a chance to participate. one conservative radio host who seemed very pro-trump.

i have no great problem with that, sean spicer spends a lot of time there. takes questions from major news organizations and not so major ones. it is contentious. it is quite a show. every single briefing carried live by all the cable networks shows how much news and interest there is in the new trump administration. melissa: it is incredibly confrontational. of course, it wasn't like that necessarily in the past. ed henry would mix it up. i don't know about other folks. meantime, get take on outrageous statement whoopi goldberg made comparing the president to the taliban. listen. >> we have repeatedly repeatedly demeaned women, wants to defund organizations befriending women, calling on the media to shut up. are these values really much different than the taliban? if you're saying to the media shut up, that is what they do. maybe they didn't start out chopping people's heads off. maybe they started out differently? melissa: howard, how can you argue with that logic? right down the center.

really makes the case there, no? >> look we all know whoopi goldberg is entertaining very liberal and really doesn't like donald trump but this really is way over the top. to compare the president of the united states who just won an election with a group of people who use terror tactics, who harbored usama bin laden, he betray as kind of a hatred unfortunately seeing from a lot of celebrities and others feel compelled to weigh in on trump. "the view" is supposed to be a lot of con i can flicking opinions i really think that appalling. -- conflicting. melissa: it goes back to sort of celebrities in the media and getting out there and attacking him and getting more, adding more and more hyperbole over time. are they going to get bored eventually you think? probably not, right? keep going this way for however long he is in office? >> probably good for their ratings. to be clear, anybody who wants to speak out, whether pundit or somebody in the entertainment world, they don't like this or that policy, we have free speech

in this country. when you use hitler, taliban, fascist, mussolini, you undermined your own credibility people can see you're not making a reasoned argument. >> undermined your own credibility. that is the main point, howard. we appreciate it. the. >> thank you. david: wasn't just offhand remark. she thought of this whole scenario, whole monologue how he is like the taliban. melissa: bless her heart. david: joining the sanctuary movement. the latest state to defy the president trump's immigration order. the whole state. democratic push for a statewide safe space. plus preparing to fight. democrats lining up against president trump's supreme court pick. will the president be able to pull any democrats over to his side? details coming next. >> if you can, mitch, go nuclear. because that would be a absolute shame if a man of this quality was caught up in the web. this is the silverado special edition.

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melissa: breaking news. national security advisor michael flynn briefing reporters behind closed doors at the white house right now on escalating tensions with iran. this comes after flynn said earlier that the u.s. is officially putting, quote, iran on notice. we'll bring you details as we get them. david: you wonder what that phrase means. meanwhile not wasting anytime democrats already gearing up to fight president trump's supreme court nominee, house minority leader nancy pelosi, issuing harsh words against judge neil gorsuch. take a listen. >> it is a very hostile appointment. if you breathe air, drink water, eat food, take medicine, any other way interact with the courts this is a very bad decision. david: but other than that she loves it. here now, john decker, fox news radio white house correspondent. he also an attorney whose interest primary on first

amendment. he follows the court very closely. john, nancy pelosi can say what she wants the fact is there are 10 democrat who will be voting on this confirmation who come from red states, that is their states voted for donald trump. they're facing a citizenry that may not like it if they go against his people court nominee. people like joe manchin, claire mccaskill, heidi heitkamp from north dakota. are any of them likely to be peeled away and vote for this nominee? >> i think at the end of the day you mention will face enormous pressure from their constituents not to go ahead and go through the action of a filibuster. you mentioned bill nelson, up for tough re-election fight in florida, joe donnelly from indiana, up for tough re-election in his home state of indiana, joe manchin, who already said he will not take part in any type of filibuster if that happens in the u.s. senate. david: interesting.

by the way we had a vote for rex tillerson who is secretary of state. he has to be sworn in but he is the secretary of state. mark warner, from virginia, virginia was not a trump state yet mark warner voted for rex tillerson. so did angus king from maine,t . he is independent but he votes with democrats. it is possible some dems could be peeled away for the supreme court nominee, if it doesn't happen, the question whether you're going to have so-called "nuclear option." i had forgotten it has happened twice before. sam alito was voted with a simple majority in. clarence thomas, also was voted in with a simple majority, 52-48, he became a supreme court justice it happened before. >> with clarence thomas, opposite party controlling senate he was actually confirmed to the u.s. supreme court. has happened before. you heard president trump, remarks in the roosevelt room. look if push comes to shove he would urge mitch mcconnell,

the majority leader in the u.s. senate to push that "nuclear option" and go to 51 votes as opposed to 60 votes to push forward his nominee. david: finally, if he does become a supreme court justice, he has a record that we can look at as judge. gorsuch does, which is very pro-business. friendly to the issues courts deal with, that make it more difficult or less difficult to do business in this country, right? >> that's exactly right. you know in that room, in the roosevelt room today earlier today, i happened to be there when the president was talking in that room, was a representative from the u.s. chamber of commerce. they had a role in looking through the people that the president and before that the president legitimate was vetting for the supreme court nomination. also the heritage foundation, the federalist society, also vetted these names. they're very comfortable with judge kneel -neil gorsuch who sit on the 10th circuit court of appeals.

david: john decker, how long before a final vote. weeks, months? >> looking at 60 days if you look at past votes for supreme court nominees. it's a process. he has to meet with all the members of the senate and go through the hearings in the u.s. senate judiciary committee. david: great stuff. appreciate it. melissa. melissa: boycott backlash. unhappy democrats looking to boycott cabinet picks is this desperate attempt a lost cause? plus lt. general michael flynn holding a closed-door briefing after sending a strong message to iran. that is happening right now. senator barrasso is here to weigh in. >> instead of being thankful to the united states in these agreements, iran is now feeling emboldened. as of today, we are officially putting iran on notice. fe, with help from our advisor, we made it through many market swings. sure we could travel, take it easy...

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melissa: all right. more break news on facebook. the stock is up more than two% after-hours. trading around an all-time high. this around a blockbuster fourth quarter report. the social media giant recorded a 51% jump in revenue driven by the core facebook news feed and strong mobile advertising growth. david: it is a money machine. senate republicans finding a way to advance two of president trump's cabinet picks despite democrats boycotting votes for second straight day. peter barnes following the strategy inside of the beltway. go ahead, peter. reporter: david, melissa let's

start with betsy devos up for education secretary. right now senator mitch mcconnell is going to invoke cloture to stop potential filibuster for betsy devos. not that that is a problem but it does start the clock for a vote on her. however, her nomination has hit some bumps. two republicans, susan collins of maine, and lisa murkowski of alaska announced they will not vote for devos. that leaves them one vote short of the necessary 51 to confirm her. right now the vote would be 50-50 held today. looks like vice president mike pence might have to come in to cast a tie-breaking vote which the senate historian's office has never happened in the history of the senate for a nominee. steve mnuchin as treasury secretary and tom price as health and human services secretary, yesterday as you recall democrats boycott ad senate finance committee hearing to get their confirmation to the

floor. and the chairman of the committee, orrin hatch said, that was unacceptable. so today he pull ad procedural move and basically shelved the rules requiring a quorum and t republicans voted mnuchin and price out to the senate floor. here is what hatch said about that manuever today. listen. >> i don't think they can complain. my gosh, we used the way the rules ought to be used. they used rules way they thought they could use them, they just did not do what was right yesterday. reporter: finally jeff sessions as attorney general, he was voted out of committee today along a party-line vote. watch for his confirmation vote, maybe later this week or next week. and the committee confirmation volt for scott pruitt for the head of the epa was delayed today after democrats boycotted that meeting. they said they don't like his comments on climate change.

david: okay. getting hot. i'm glad orrin hatch didn't have to use any curse words. i know that pained him yesterday when he did it. peter, thank you very much. melissa. melissa: joining me now to react republican senator john barrasso from wyoming. he is the chairman of the environment and public works senate committee. let's start where peter left off because that is your territory. we're talking about the epa picks and democrats walking out on pruitt. what will happen next there? >> well scott pruitt will be voted favorably out of committee and he will be confirmed as the head of the epa. he is the right person to turn around the direction of the epa. look, this needs to be modernized, updated, improved. the epa has lost its way. it caused huge contamination the epa itself caused. i'm so delighted that scott pruitt as attorney general of oklahoma has been nominated. we'll get him to the floor and we'll get him confirmed and at work soon.

melissa: their chief complaint scott pruitt he didn't answer questions sent his way. i did a little digging. they submitted 1078 questions to him to answer, which seems a little bit excessive. you would blame them for that maybe. at the same time, you did something very similar when it came to gina mccarthy, as epa administration in 2013. turn about is fair player. >> answered questions for 6.5 hours. over one how questions. we're talking about what happens when a new president comes into office. when bill clinton came into office his new epa director was on the job day two. when george bush came into office, the new epa director, first week. when barack obama came into office, his epa director, the first week. so i think it is absolutely wrong of the democrats to obstruct. we have a newly-elected president. he ought to be able to have his cabinet. they're still so concerned

hillary clinton lost the election and democrats did not take the senate. republicans are still in the majority because of the way the american people voted. now they are trying to obstruct. melissa: was a year into obama's second term in 2013. you're saying second half. he was voted back in 2012. it was 2013, beginning of his second administration. >> he already had his epa administrator, had his first epa administrate or on the job, who he nominated was assistant within the department. there was not any change in direction. melissa: okay. >> what we have is newly-elected president and democrats are obstructing one after another after another. you saw this with the secretary of health and human services. you've seen it with the treasury secretary. they tried to slow rex tillerson down but he was confirmed bipartisan vote. republicans and democrat confirmed rex tillerson for secretary of state. melissa: i want to take you to breaking news now has a lot of people concerned.

general flynn holding a closed-door briefing with reporters after sending a bold warning to iran earlier today. >> these and other similar activities iran continues to threaten u.s. friends and allies in the region. the obama administration failed to respond adequately to tehran's maligned actions. as of today were officially putting iran on notice. melissa: so he is highlighting missile tests, ballistic missile tests they have done. iran fighting back, yeah they did those, they were lawful. they were able to do it. what do you think of this increasing tension and how the trump administration is addressing it? >> well, iran has continued to do ballistic missile testing in violation of the u.n. agreement. iran with a nuclear weapon makes the entire world less safe, less stable and less secure. the iran agreement which president obama talk to the united nations instead of the united states senate for confirmmation is something that i disagreed with.

he gave $100 billion to iran. i know they're using that money for terrorism. so i'm against the agreement. we have a new president who spoke out forcefully against the iranian agreement. i agree with president trump and his position on that, with the agreement, when barack obama was president, iran violated it and president obama did not enforce it. this is now going to be enforced. melissa: all right. senator, thank you so much. >> thanks for having me. david: defying president trump's orders on immigration. top democrat is doubling down, insisting the immigration halt is a muslim ban. plus, the president meeting with prominent african-american leaders at the white house this morning. next we'll speak to somebody who was in the room with president trump.

melissa: more on breaking news. white house national security advisor michael flynn advancing his comment about iran in a

closed-door briefing to reporters at the white house. blake burman has the details on this. blake? reporter: well, melissa, let me separate this for a second. earlier today the national security advisor michael flynn came into the press briefing room. read off a prepared statement which he said iran would be put on notice for a couple of provoker to actions. one being a recent missile launch. one being the houthis trying to attack a ship in that area. separately from that, that was very public. separately from that white house officials now tell us they have kind of rolled out a little bit more exactly what being put on notice would mean. while military action was not specifically or is not specifically being put on the table i should say, when asked by reporters a little while ago in a briefing, senior administration officials also said it wasn't necessarily being taken off the table either. they say there was a quote, range of options and that the u.s. will, quote, respond appropriately. the white house saying and i'm quoting here, from the senior

administration officials, quote, iranian behavior needs to be rethought by tehran. we hope they will heed this notice and change their behavior. as part of what could happen to iran, these officials say there could be financial and economic measures, along with support for opponents forte rain. what you had today, a very public state by the head of the national security, the national security advisor, coming out saying look we'll put you on notice. now the white house unveiling exactly what that might entail. melissa? melissa: wow, blake, thank you. david: back to domestic stuff. president trump meeting with african-american community leaders this morning and emphasizing his commitment to rehabilitate inner cities. >> we'll need better schools and we need them soon. we need more jobs. we need better wages, a lot better wages. we'll work hard on inner-cities. ben will be doing that. david: american enterprise institute resident fellow gerard robinson was at the meeting with president trump earlier and has

details exactly what went on there. gerard, thank you for coming in, i'm just wondering after the meeting was over and you were talking amongst yourselves did you get the sense the president was since sear in his desire to improve inner cities or did it seem like political pandering to you? >> no. first of all thank you for the invitation to have a conversation about this subject. first of all he took an opportunity today to open up black history month by reiterating his commitment, first of all to all americans as it relates to education, housing and jobs, for particularly african-americans. there has been focus on inner-city, there are million of african-americans who live in suburbs and rural areas. it really was an opportunity to talk about a, i'm now president, b, i'm everyone's president, and c, what role can all of you play as leaders in different segments to advance the agenda -- david: the reason i asked for sincerity in this, gerard. a lot of people question his sincerity.

his critics, david brooks, writes a column in the "new york times." he wrote this yesterday. he said it is becoming increasingly clear aroma of bigotry infuses the entire trump administration. anybody who al lines too closely will be sharing in the stench. this is from "the new york times." what do you make of that? >> brooks is a very strong intellectual and respect his work. what they're i saying about trump they said similar things about george w. bush, same things about his dad. said same thing about ronald reagan. and yet, after the odor and the air went away, you found improvement in education, jobs, housing. was it as much as we wanted? absolutely not. i find it very interesting when it is republican dealing with african-americans we question his sincerity. david: yes. >> when it is african-americans or a democratic president it is an assumption that he or she is sincere. david: you're not buying it. you've been a supporter of school choice, of school vouchers and the choice that the inner-city people don't have a

lot of rich people do have. betsy devos, who has been nominated to be our secretary of education, believes also in choice. whether it is charter schools or vouchers. democrats are saying, no, no. even a couple of republicans, lisa murkowski and susan collins say they're not going to vote for her. what do you think of that? >> well, first of all i support quality education across the board, particularly for traditional public schools for most of our kids will be in place. betsy devos supports the same thing. one of the great things about our nation is we have people who have very diverse opinions. we've got two republicans who say, you know what? we're not going to vote for her. if it will be 50-50, tie vote. we'll simply have vice president pence come in and break the tie. david: right. >> put someone in office who actually will be a great person and a great secretary of to our country. david: gerard robinson, great to see you, my friend. thank you for coming in. appreciate it. >> thank you. melissa: defying our president. democratic lawmakers continuing

to fight against president trump's executive order on immigration. new details on the push to make one state a sanctuary state. next, congressman tom mc:tock sounds off. ♪

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in case we didn't tell you that was representative keith ellison. what did you think of those comment? >> i thought they were rather interesting considering the fact that president obama singled out precisely those seven same countries to deny visa waivers just a few years ago. melissa: yeah. i mean the rhetoric is getting more and more heated. why do you think the other side wants to continue to stick to the idea that this is a muslim ban? >> i don't know. if you look at the way the public is reacted, there is strong support for this order, which again simply pauses admission from these seven hotbeds of islamic extremism until we can sort out our vetting system and be sure that the people who are being admitted are loyal to our cons fusion and not hostile to it or to our people or to our rule of law. melissa: yeah. meanwhile, protecting undocumented immigrants

statewide, democratic senators from california pushing for the state to become the first sanctuary state. congressman mcclintock, what do you think of this one? part of me says, you know, would then be willing to give up federal funding i guess, which then the rest of us in the rest of the country would save sending money off to california? >> this is an assertion of a doctrine that has been unheard of since the southern confederacy. john c calhoun's doctrine of nullification. the notion a state or city can simply refuse to obey federal law. the similarities between the democratic reaction to the election of 2016 and to the election of 1860 are starting to become pretty eerie. the riots in the streets. reful to accept the legitimacy of the election. secession movement burj i don't- burgeoning in california and reaser is of calhoun's doctrine. melissa: let me ask you, they want to use fund for people

being victimized. they want to use taxpayer fund to defend themselves against the federal government which is amazing. executive order that seeks to withhold federal funds from sanctuary cities is unconstitutional. how do you battle back against that? >> they have a right to challenge any federal order through the court system. they do not have any right under our constitution to defy that constitution. melissa: yeah. all right, congressman, thank you so much for coming on. i appreciate your time. i wish we had more. too much breaking news. >> my pleasures. thanks for having me. david: grades sy in love. breaking internet. new announcement from beyonce and jay-z. wait until you see the pictures. we have them coming next. me to reach my goals. e wha'e so i liked when my doctor told me i may reach my blood sugar and a1c goals

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melissa: it turns out congratulations are in order. beefon say and jay z are

expecting. melissa: the couple is sharing the exciting news on instagram this afternoon. david: they are celebrating life. and they are married. celebrate pregnancy. she looks lovely. >> we'll appoint justices to the united states supreme court who will uphold and defend the constitution of the united states. so important. and appoint justices to if the united states supreme court who will uphold and defend the constitution of the united states. we are also going to very importantly apoint justices to the supreme court. who you can be proud of and who will respect the constitution of the united