we would like to see corporate tax reform, take the primary focus. [closing bell rings] get it back from europe and we're much better off. liz: we're better off having you on the show. i wish i could say the same for the dow. >> thank you. liz: i hand it over to david and melissa for "after the bell." david: thank you very much. melissa: stocks dipping lower waiting the next policy moves from the white house. i'm melissa francis. david: i'm david asman. we're glad you could join us today. this is "after the bell." we have you covered on the big market movers. here is what is knew this hour. we have a busy one. we're awaiting a crucial court decision on president trump's controversial executive order on immigration. >> we don't appoint judges to our district court to conduct foreign policy or to make decisions about our national security. david: so the race is now on for people from seven predominantly muslim countries to enter the u.s. while the order is still in legal limbo but the president is

warning that the bad news as he would say could already be slipping into our country. it is setting up a legal battle that could be on its way to the supreme court but with an empty seat on the court could the refugees keep flooding in for months? this hour, president trump's nominee, neil gorsuch middle easts with a top democrat on the senate judiciary committee. the meeting will give us an idea how aggressively the left plans to challenge trump's choice for the supreme court. our guest on "after the bell," lieutenant colonel ralph peters, congressman and former judge, louie gohmert. dr. marc siegel on obamacare. jim gray, the man caught in the middle of that awkward handshake at the super bowl last night, remember that? and "the weekly standard"'s fred barnes. melissa: back to the markets the dow slipping today but still closing above the 20,000 mark as more uncertainty from the white house weighs on investors. adam shapiro on the floor of the new york stock exchange around

peter barnes watching the action from the nation's capitol. we'll start with adam. >> tyson, largest meat processor in the country, everyone knows season chicken, they announced in one of regulatory filing they received a subpoena from the sec, allegations emphasizing allegations that tyson and other meat producers conspiring to fix prices on chicken. that stock suffered subsequently from the notice of the subpoena it was down 3% today. disney, an article talking about who will replace bob iger in 16 months when his tenure is finished and apparently the board is not letting anyone leak information who might be the potential replacement. disney was down almost a full% today. one of the big winners today, who doesn't like a toy, hasbro hit a record high after the "opening bell." they had much monger than expected earnings and revenue per share. that stock closed up almost 12%. melissa.

melissa: adam, thank you for that. david: president trump's immigration ban is facing a new legal hurdle. the department of justice has less than two hours to submit additional legal briefings to an appeal court as 100 companies join the fight against the president. peter barnes in d.c. with the very latest. reporter: david, the justice department has 6:00 eastern time to make its case to appeals court in california why it should reinstitute the president's temporary transportation ban that covers seven muslim countries. they blasted the district court judge's decision on that and cited the text of the law that it says gives the president the power to do this it reads, quote, whenever the president finds the entry of any aliens or of any class of aliens into the united states would be detrimental to the interests of the night, he may by proclamation and for such period as he shall deem necessary suspend the entry of all aliens or any class of aliens as

immigrants or non-immigrants or impose on the entry of aliens any restrictions he may deem to be appropriate. end quote. seems pretty clear-cut but experts say as you said, david, this fight could end up at the supreme court. the president himself taking to twitter several times to blast the ruling. in one he said, quote, because the ban was lifted by a judge, many very bad and dangerous people may be pouring into our country, a terrible decision. meantime about 100 companies, microsoft, facebook being apple, google, other top tech companies filed a court brief against the president's order. they say it will give companies incentives to move operations overseas if the high-tech skilled foreign workers they rely on can't travel freely to the u.s. david? david: peter thank you very much. melissa: breaking news. twenty-first century fox which is the paint company of fox business, now out with second quarter results. ashley webster is live in the

newsroom with the numbers. ashley. >> fiscal second quarter, melissa, start with earnings per share coming in on adjusted basis of 53 cents. that beats the estimate by 4 cents. revenue coming in at 7.68 billion, just under the estimate of 7.72. some of the key metrics we look for, cable network programing revenue coming in at 3.97, just under the estimates. same story for the film studios, film entertainment, 2.2. the estimate was 2.3. revenue was 1.9 billion for fox, that was slightly above estimates. the stock not moving a whole lot after-hours. guys, back to you. melissa: ashley, thank you so much. here to talk about the companies joining the legal fight against the president trump's immigration, liz peek, "fiscal times," steve cortez a former advisor to the trump campaign and fox news contributor. liz, i will start with you.

tech giants out there really weighing in on the other side of donald trump isn't it all about the bottom line? they want to take advantage of this labor? >> well, it was short-lived honeymoon with the tech community, that's for sure. look, i think they think their constituents are very opposed to this move. yes, i think it is about the bottom line, about whether the h1b visa program will be impacted which by the way really isn't involved in this whatsoever. everyone is sort of losing their minds here. this is a 90-day interruption in the issuance of visas. and numerous carveouts have already been made that basically narrowed the thing. i think it is really kind of insay everybody is going so overboard on this here is the problem. it takes focus away from the business-friendly agenda of the trump administration. it undermines confidence that

the ceo, president, has a smooth running organization that can get tax reform and many other things americans want. it is damaging, honestly i think the reaction is excessive. melissa: steve, the companies are making the argument it is hurting their ability to have workers from they want. kind of opposite what liz said. they are saying the order inflicts significant harm on american businesses innovation and growth. they're claiming it does impact the h1b visa program. >> right. melissa i know they're saying that but they're wrong are quite frankly and liz is right. when you look at h1b visa program primarily an indian program, meaning the country of india. it is over 80% india. so this is just not an issue of the these seven countries are not material to the h1b visa program at all. but i would caution these ceos, number one, they need to it look past their personal political biases. i think that is really what is going on here. it might be popular in silicon valley, might be popular in certain places on the east coast but in the vast stretches of

america, places that elected donald trump president, they want an america first policy when it comes to our security and when it comes to our economic growth. i would also caution them, look, do they want cheap labor? of course they do. sometimes that is detrimental to the interests of regular american workers. donald trump was given a mandate by those very workers to protect their interests first. david: let's move on to that bill o'reilly interview with president trump. he was trying to deliver a very important campaign promise or seemed so. president trump giving bill o'reilly a nuanced answer on tax reform. take a listen. >> 2017 can americans expect a tax cut? >> i think so, yes. i think before the end of the year i would like to say yes. david: i would like to say yes. i would have liked to have a more definitive answer, see but in point of fact, at least he said something. there hasn't been anybody from the trump administration saying anything. do you think trump is willing to take on the folks inside the

beltway dragging their heels on this like paul ryan? >> do i think so? yes, david. one thing our president has shown, certainly shown as candidate and as president he is not afraid to take on about anybody. i agree with you. i'm a bit critical so far. i'm glad what he said in the interview on fox. i think it needs to go further. we need to convince the markets and need to convince the american people, small businesses that tax reform is happening. not a matter if it is going to happen, just when and how quickly. it has to be this year. i couldn't agree with you more. the american people spoke loudly not just in the presidential race. david: corporations, all americans want some tax reform. i heard melissa shouting i live in the west side of manhattan, i heard on east side, i heard her shouting yyeah!, when he said taxes. you need intention wall field about taxes. ronald reagan written about,

spoken about how you cut taxes not only to provide relief to people but starve the beast of government. go ahead, liz. >> i think trump is totally dedicated getting this done but look what seemed likely a few months ago in terms of congress working together to achieve something now has sort of gone out the window. my guess we're talking about all kinds of tricky maneuvers like reconciliation. david: just to be clear, you think it is too late? >> no. i think it is going to get done but remember in 1986 it took ronald reagan a year to enact tax reform. david: 18 months, full year-and-a-half. >> it is not an easy thing to do. with the partisan hostility in congress right now, unless some of the democrats who are coming up for re-election in couple years play ball, this will be a very difficult thing to do but i think it will get done. >> melissa. melissa: nancy pelosi is back to attacking our financial institutions. i mean why not? this time with a twist though, citing the wealth of president trump's cabinet and painting a picture of doom for american people.

>> but what is happening now is the president trump and his billionaire cabinet and his advisors in his own office who spring from wall street are putting forth a wall street first policy at the expense of the american people. melissa: steve, i think she forgot all of wall street supported hillary clinton. >> right, right. also, melissa, hypocrisy here. she lives in a multimillion-dollar pacific heights mansion she owns a vineyard in napa valley. according to financial disclosures she is worth tens of millions, hundreds of millions of dollars personally. by the way i have no problem with any of that. i love success. most americans don't hate the rich. most persons want to be rich. when she tries to use it as an attack mechanism against this cabinet because we have some incredibly successful people from the private sector, people i'm so proud of, betsy devos who is going to be confirmed and i hope and believe tomorrow,

wilbur ross, steve mnuchin. we have the best and brightest of the private sector. people amazingly successful in their careers who are now bringing those skills to washington, d.c. to assist a president who is not really a politician. he is a deal maker. for her, she is playing this card. so hypocritical for her in particular to try to play. >> liz, what people don't realize, you are wealthy and successful you leave to join the trump administration you're losing a lot. sell off assets. the opportunity cost of the time they spend in washington. for everyone who considered it is a losing money venture. >> no question. these are truly public servants. nomenclature went out the window a long time ago. these are people, look at wilbur ross, whose business will suffer enormously without him there. melissa: right. >> financial, they have to get ahead of the messaging on this revisiting do frank does not mean throwing all the rules and regulations out the window.

what it means making clear that small banks should be able to pros per in this regulatory regime and that loan volume can start to grow again. there are positives for working class americans in revisiting financial reform. i think by the way, americans understand that, this hyperbole from nancy pelosi about, it is just completely nuts. right? melissa: it is very tired. guys, thanks. david: she makes money in government. that is what nancy pelosi does. we have breaking news on president trump's nominee for the supreme court, neil gorsuch. he is meeting now with senator dianne feinstein, the top democrat on the senate judiciary committee. this could determine how aggressive the california senator takes on gorsuch in upcoming confirmation hearings on capitol hill. it could take months. whether the democrats could filibuster. melissa: they look friendly. they hit it off. it could be great.

david: breaking news from melissa. commander-in-chief the first visit to central command. he is vowing to stand behind our nation's military in the fight against radical islamic terrorism. >> iran is not stopping sanctions from the white house to stop its latest missile tests. latest warning from tehran to the trump administration next. lieutenant colonel ralph peters sound off. david: now the opposition to president trump may be coming from inside of the government itself. why the new president believes staffers left over from the obama administration are trying to sabotage his presidency. 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 as after a dvt blood clot,ital i sure had a lot to think about. what about the people i care about? ...including this little girl. and what if this happened again?

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melissa: we have breaking news. coalition of 16 attorneys general filing legal documents supporting the washington state

lawsuit against president trump's executive order on immigration. the 23-page brief was filed with the u.s. ninth circuit court of appeals. david: and meanwhile president donald trump is visiting central command today at macdill air force base to make an all hands press to military personnel. the president's talk coming on the heels of these new u.s. sanctions on iran after the middle east earn nation completed yet another ballistic missile test. blake burman outside of the white house with the very latest. hi, blake. reporter: earlier in tampa, florida the president started talking about at least one point that executive action that you were just discussing and the need for it. we are awaiting from the trump administration its department of justice at this hour for its brief to be filed in san francisco, california at the u.s. circuit court of appeals there. listen here to the president at that speech in tampa allude to the need for his executive order. >> we need strong programs so

that people that love us and want to love our country and will end up loving our country, are allowed in. not people that want to destroy us and destroy our country. reporter: now the president made those comment when he was at central command. he spent a few hours there earlier in the day. once again he vowed to increase military spending here at home but also put nato on in the that they too need to open up the checkbook. >> we strongly support nato. we only ask that all of the nato members make their full and proper financial contributions to the nato alliance which many of them have not been doing. reporter: and david, in talking about the military and spending there, president trump also took credit for cutting the cost of the f-35 fighter program by some 700 plus million dollars. david? david: that is not a bad thing. blake, thank you very much. melissa.

melissa: here to react is lieutenant colonel ralph peters. he is a fox news strategic analyst. sir, thank you for joining us. you read a lot into the fact he decided to make this trip today. what do you read into that? >> well, it tells me that he and the administration, people at the top are very interested in two issues. one obviously continuing struggle against isis. i think the president is a bit impatient. he wants alternatives. i'm sure the commander of centcom discussed that with him. but the other big issue is iran and iran is really on a rampage. there has been, no checks and balances against iran and i'm sure they're addressing what at that do about that as well. melissa: no doubt. they're defiant in the response to the latest sanctions from the trump administration, holding a military exercise to test missiles and radar systems. what do you make of that? that is very deliberate? >> well, it is a defiant show and it is not only for us but

for the world and for domestic consumption. but again, if you look at the disasterous years of the obama presidency, what happened? was iran was able to get this tremendously advantageous nuke deal which we get virtually nothing. it essentially destroyed the sanctions regime. iran is going to inherit iraq and syria after we've defeated isis. they have managed to embroil the saudis in yemen and do it very, very cheaply. they even got it to the point where they secretary kerry, essentially thanked them for taking our sailors prisoner. so iran is hyper confident. they believe that despite any new rhetoric from the new administration, that we are weak and vacillating and ultimately cowardly. you have a new president so it is volatile. >> president is aware of all that. everything he does, whether it is military or domestically here is about projecting strength. that seems to be his main focus.

so as you see iran continue to provoke us, what is his response is? where are we headed with all this? >> i think it's a very flammable mixture because iran is hyper confident and the trump administration is feeling its own strength. what we have to do, melissa, certainly think things through. plan for all contingencies. remember the basics. i'm sure general votel in mind as secretary of defense mattis, if you pull one trigger you have to be ready to pull all of the other triggers. we need not be precipitous, be strong, be a little patient, wait for iran to stage the next provocation. it is coming. if it is sufficiently severe we should hit iran shockingly hard, very fast. and see where it goes. but i would rather have a peaceful solution. the iranians aren't going to let that happen. melissa: colonel peters, thank you. david: i wonder what they are going to do. we'll wait on that. the battle over president

trump's immigration policy coming up. we are awaiting a decision from the courts on president trump's executive order but will the case end up in an evenly-divided supreme court that can't make up its mind? republican and representative, former judge louie gohmert joining us in just moments to weigh in. how the divisiveness of politics put a sixth grade child in danger from his own peers. wait until you hear who was blamed for that. coming up. earning your cash back shouldn't be this complicated. yet some cards limit where you earn bonus cash back to a few places. and then, change those places every few months. enough with that! (echo) with quicksilver from capital one you've always earned unlimited 1.5% cash back on every purchase, everywhere. welcome to unlimited. what's in your wallet?

david: we have live pictures. there is air force one. the president is back from his weekend in florida. of course today he gave the speech at centcom down in tampa. he is back in andrews. we'll keep picture up until we see him. we'll show that to you as he steps up. he is going from andrews of course by marine one, the helicopter back to the white house.

meanwhile his battle over the executive order on immigration is heating up, as a decision on its legality could be given by the federal appeals court just moments from now. we'll let you know about that as well. the president expressing his frustration with a previous ruling on the order over twitter saying, quote, the opinion of this so-called judge which essentially takes law enforcement away from our country is ridiculous and will be overturned. here now is republican congressman louie gohmert. he is also vice-chair of the house judiciary committee on crime, terrorism, homeland security and investigations, and congressman, forgive me if i jump in at some point when the president comes out of air force one. we always like to take those pictures. probably will be just walking down. let me ask you, his comment, using phrase so-called judges. you are a former judge. as a former judge did that bother you at all reference to the investigation and to that particular judge? >> no, it really didn't at all.

i've been called all kinds of things by, you sentence people, even to the death penalty, you get called a lot of different things but what bothered me even more than his tweet was the order by the judge. this is a judge countermannedding the president of the night who had authority from congress and constitution to take actions for benefit of national security and a district judge -- by the way, i hate to correct him, but the comment that we will hear from the ninth circuit whether this is legal, you won't hear from the ninth circuit whether this is legal. you will get a political manifesto from the ninth circuit. they don't care about -- david: they are known for that sort of thing. >> the majority doesn't care about the constitution. they don't care about precedent. david: forgive me for inner projecting, that is obviously the president, donald trump. he is getting off of air force one, after his --

>> we have to give him some help. we have to give him some help. david: by the way, i was going to show a sound bite from president obama back in 2010. we're going to stay on this picture so we'll kill the sound bite. i will just explain. the 2010 state of the union he pointed to the supreme court justices and essentially chastised them for a recent decision that they had made. so it is not unprecedented for a president to speak unkindly, if you will, about a judge or even a justice at the supreme court. in that case, obama was just wrong in his rescitation, where trump knows exactly what happened. for heavens sake, when you're talking about our national security, this isn't like a amnesty may benefit, may not, we're talking about a state that didn't even have standing to raise issues for individuals. they don't have jurisdiction and rule on a matter of national

security that they don't have a total briefing on, this judge doesn't? david: right. >> that is outrageous, we have to rein them in. david: i have to ask you one final question, between now and the time that this issue is settled, there are refugees coming into the united states from these countries, some which really don't have a government. what do you do about that? is it possible that some bad guys are in the mix? >> there is only one thing to do, david, that is to increase the security fence around the ninth circuit and put them in there with them. we have the authority to do that. every circuit court and existence holds existence to the u.s. congress. only one doesn't, supreme court, that is where it should go straight away. the ninth circuit is a waste of time, money, building space. i believe we'll be able to do something about that. david: former judge himself and now congressman louie gohmert

from texas, good to see you. melissa: hard to know where he stands. david: he doesn't nuance anything. melissa: repeal and replace. president trump aiming to dismantle president obama's trademark health care policy. so when will americans feel the effects though? dr. marc siegel breaks it down for us next. plus the mainstream media's nervous breakdown. why journalists are having trouble covering president trump 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. juswho own them,ople every business is different. but every one of those businesses will need legal help as they age and grow. whether it be help starting your business, vendor contracts or employment agreements. legalzoom's network of attorneys

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david: future of obamacare. president trump saying it may not happen until next year. james rosen inside the beltway with the details. james, that is a long time. reporter: david, good afternoon. trump disclosing to bill o'reilly we might not see a successor to obamacare until 2018. he reassured the republican base that the gop conference is not looking to quote, tinker with the existing law. >> premiums are going up double digits. deductibles are so high, doesn't feel like you have health insurance. so the law is literally in the middle of a collapse. it is our duty as representatives of our constituents and american people to step in front of this crash and rest people from the collapsing health care system and replace wit something better. reporter: aides to president trump claiming that senate

democrats are slow walking confirmation of key cabinet officers, including dr. tom price, the physician who trump nominated as secretary for the department of health and human services. still congressional republicans do appeared to shift their timetable introduce canning a successor health care system to replace the affordable care act. at a recent house energy around commerce subcommittee, democratic lawmakers ridiculed their lawmakers for spending seven years blasting obamacare without having their own plan ready to go now. >> i love you, dr. burgess, i had to laugh when you said the aca was hastily built upon. the chairman's bill runs off the page. i look, i took it this morning and i started to read it and then i got to title two, continuous coverage. it says, incentive placeholder. talk about hastily built? what is this, half built? reporter: speaker ryan told reporters last week he wants to quote, move the gop health care overhaul by the end of the first quarter of 2017.

david? david: i don't think that congressman really loved that guy he was talking about. just a guess, i don't think he was sincere about love in that case. james, thank you very much. melissa. melissa: here is marc siegel, fox news medical correspondent and professor of medicine at nyu langone medical center. they did a great job setting up the problem for us. you're buying insurance. you're in agony but the price is high but you feel like you doesn't have it, because it doesn't cover anything so let's fix it. you were telling me the problem is different things within it will take different amounts of time to fix. one is idea that you need to buy insurance across straight lines in order to create these pools. >> antitrust legislation prevents that right now. states have to manage their own insurance. so that law has to be changed. melissa: repealed. >> from 1945. that needs to be repealed. that will take a while. then you could set up a national exchange which would work better than state exchanges. by the way, one of the reasons we're in this mess, it was in the set-up from james rosen there, it is not that obamacare

is falling apart as we look at. >> right, right. >> premiums are soaring. you go to the doctor's office, you and i were discussing this, you go to the doctor's office i can't refer you to doctors i need to give you car with no access. melissa: no one takes it. >> right. melissa: you go about fixing that. one of the things that you say they could do quickly remove the mandate. >> the mandate is ridiculous. you're being mandated. only 30% of patients take it are young. 30% of the people who buy obama care are young. young people i buy this thing with high premiums any don't need of these essential benefits. melissa: that is good for those people. >> get rid of mandate. melissa: get rid of mandate. allow people to buy catastrophic insurance for only when you want something very big. that would help. >> that would take five minutes. if you keep the state exchanges for now, why can't someone go to the state exchange to buy a cheap policy with a low deductible that they use if they get really sick. melissa: this is the big problem hard to solve. you keep on people with preexisting conditions and let

them still buy health insurance but they're expensive. if they have a preexisting condition, by definition they're using a lot of health care. how do you pay for that. >> melissa, @, that is where i think government subsidies should actually come in. not subsidizing everybody at the exchange level where you pay 350 for premium and 250 comes out of taxpayer pocket. that is the current situation. those high-risk pools i'm talking about on a statewide level for those with preexisting conditions, those take time to make, that is why president trump may be right setting a timetable a little bit late every on for things like, high-risk pools, revamping medicaid so it is based on block grants to the states, states build efficiency models with teams like working in indiana already. get some malpractice reform in there. get the insurance across state lines and build health savings accounts. that is going to take time. i think a year or so may be legitimate for that. but in the meantime let's get the catastrophic insurance in there. get rid of an individual

mandate. most of all, get rid of this essential benefits package. that is makes the premium so high. you have to have this. you have to have that. melissa: going down the wrong road in the first place that was police take right out of the gate. dr. siegel, thank you. >> thank you, melissa, shaking off a handshake between a world champion and a man who had him suspended? was it tom brady's sweet revenge. we'll talk to the sportscaster standing right smack in the middle of that intense moment. that will be interesting. a middle-schooler beaten up for supporting donald trump. guess who was suspended for that? we have he details that will make you mad coming up. why is the radical left so full of rage and hate? they still can't accept that trump won and they lost. now extreme liberals like elizabeth warren are trying to stop betsy devos from becoming secretary of education. why? devos angers the extreme left because she exposes their hypocrisy. devos wants low-income kids to have the same choices

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>> exactly the way we din plan it. everything we didn't want to do in the first half and. it was better in the second half. so it was a great, you know, hell of a football game. melissa: the man in the middle

after the biggest comeback in super bowl history, roger goodell, as commissioner who suspended tom brady for the first four games of the season had to come over and very graciously shake his hand. it was jim gray, who was smack dab in the middle of that moment. he is a sportscaster and fox news contributor. he joins us now on the phone. so, jim, i mean there were some people talking about this ahead of time, can you imagine after "deflategate" and after everything that has gone on, if roger goodell had to walk over and congratulate tom brady, it happened and you were right there. describe that moment to us. >> well, i was waiting for tom to do our postgame interview and we were getting ready to do it and the ntl said, wait a few minutes. let him go up to the podium. so we were waiting to do our show and just, really, i wasn't looking where roger's direction and saw an arm come in and kind

of tap tom on his side. i turned and when tom turned around and there was roger goodell who was looking at him and extending his arm to shake his hand. and he said, that was awesome. congratulations. and tom kind of looked at his hand and then shook it. and said, thank you. and, commissioner said, it was great. you were great. and tom just kind of looked at him and said thank you again. it was gracious of the commissioner to come over. and tom was, you know, classy and dignified and, you know, there were no niceties. there was no embrace. it wasn't warm. but it was gracious of the commissioner to come over and tom was really dignified in how he handled it. and that was that. and tom went up on the stand and commissioner, before the commissioner, commissioner then ordered bob kraft the trophy. he came down off the stand. tom was sitting on the stairs with his children and the

commissioner tapped him on the shoulder, said congratulations to him again and extended his hand. tom shook it and said thank you. so that was that. melissa: jim, very cool moment. thank you so much for that. i wish we had more time. we have breaking news right this second. thank you. sean spicer speaking to reporters just moments ago. let's listen in to that. >> obviously such time the justice department, and i think he should understand better than anybody, that we did, took all the necessary steps and did it in a way to protect this country. >> to be clear before you -- follow up later what was reported here? underreported or underreported. >> underreported. >> what are the reasons -- all know what the reasons are. >> i think, i think president comments were very clear at the time. members of the media don't always cover some of those events at other events cover a protest, get blown out of the water, a attack or foiled attack

doesn't necessarily get the same coverage. he is doing what he can to protect the nation and our people. sometimes the polls don't reflect what you see on the media. you see a wide degree of support for the president's policies to protect the country, to create jobs, to grow the economy, yet a lot of those stories and successes he had in mere 2 1/2 weeks in office are not exactly covered to the degree which they should be. >> you think the underreported to make him look bad? >> that is not what he said at all. i think his statement is very clear on that. >> how -- >> plan to reinstate extreme vetting? >> what? >> do you have a plan to reinstate extreme vetting? >> reinstate it? >> reinstate after the -- >> obviously once we win the case, we'll go right back into action. we're complying with the court. once that, once we prevail, it will go right back into action. >> okay. >> part of that, part of that

plan was 90 days, 100 day plan respectively to refugees and people coming in to make sure we took the steps and developed a further plan to protect the country whether we add people or go more stringently and other aspects is up to part of what is determined during that period. >> sean, will you elaborate on what the president said about bill o'reilly about voter registration lists and [inaudible] >> he was very clear, he has named vice president pence to name, to lead a of course at that force that will look into this. obviously when you see so many people that have registered in two states, that that presents a problem. there are people that have registered in two states, died, have still been on the rolls. we need to make sure we protect the integrity of the vote. one person's vote should count the same as next. any attempt to undermine that really under mines anyone else's vote. we need to make sure when

somebody votes we have highest degree of integrity of countying. >> when the president tweeted i call my own shots, was he referring to steve bannon's role in the white house or his "time" magazine cover? what was he referring to? >> there is nothing specific. there is a lot of attempts to discuss how this works. the president from day one back through the campaign and frankly his time successful businessman always calls the shot. he is the decide ir. he develops the policy and makes the decisions. so many times that don't recognize he is the guy that calls the shots. he develops the policy he implements the policies. he makes a key decision. >> just to follow up on that the new york times said this morning you're rethinking your strategy rollout initiatives -- >> i would just say that story was so riddled with inaccuracies and lies that they owe the president an apology. for the way that thing was -- there were just literally blatant factual errors and it is

unacceptable to see that kind of reporting so call reporting. that is literal i the epitome of fake news. >> part of that story was -- >> i look, you start at the top. i don't think the president owns a bathrobe. definitely doesn't wear one. there was no meeting in conference rooms. from top to bottom they made up stories that don't exist. that is unfortunate for people but, that look to use institutions like that for their news it is not just an accurate portrayal what is really happening. >> whether he was briefed on order, makeup of nsc? >> what's that? >> the story talked about how the president disappointed he was not adequately briefed -- the president is briefed on all aspects of -- >> [inaudible] >> i'm not getting into details, the president is clearly aware ever the policies come out of the white house with his name on it. that is what i was getting at earlier to steve. the president, when it comes to decisions an policies the president who leads, president tells us how to implement it. thank you very much. >> one more question, sean.

>> thanks, sean. david: i don't think he is going to get one more question. melissa: no. that's it, i'm done. i'm out of here. david: sean, that was sean spicer of course, the press secretary for the president. he referred to a "new york times" story about which the president tweeted said the whole thing was not accurate, it was fake news. we have fred barnes from the "weekly standard," executive editor and fox news contributor to talk about this mary, a democratic strategist. thank you for both coming on. the tweet the president made, sean spicer specified what wasn't in the tweet the details "new york times" got apparently very wrong with the story. not just the president is talking about this or his press secretary. michael wolff, a media critic, this is the tweet, failing "new york times" writes total fiction concerning me. but michael wolff was on cnn. he is a critic of the media. has been for years.

place it pretty much down the line. here is what he said about the way the news is covering donald trump. let's play the tape. >> as we try to go after his credibility, our credibility becomes equally a problem. i think individual journalists are in many cases having a nervous breakdown. >> has he got a point maybe not about the nervous breakdown? but the fact journalism is losing its credibility, fred? >> i feel pretty good. i'm not having a nervous breakdown. there is, look there is hysteria among most of the media. i think they have decided either consciously or not that donald trump is a monster and will treat him as if he were a monster. so they will find everything that is wrong and they will, they will play that up and things that are right, they will obviously cover those but the emphasis is in the mainstream media coverage of donald trump is to point out things negatively. david: right.

and marcy, obviously you got to cover things critically but there seems to be a glee in trying to find any mistakes that this president is making whereas certainly didn't happen with the last president, at least at the beginning? >> look, i think they are asking the tough questions. this administration in its short 18 days that we've had, has had unprecedented level of real secrecy about what is happening. there are real questions about donald trump's business ties. what he has currently standing in the white house as president. whether or not he is still involved his business. there are questions about his plans to replace obamacare, if he chooses to it repeal, that 20 million people will be kicked off of it. there questions about steve bannon. why does he have a permanent position. david: you're kind of proving my point. everything, everything that is the media is focusing on is negative. i can't think of one thing -- >> this is about the american people and we deserve to know. >> look i don't think the american people care at all

about what trump does with his he is having his sons run them. and look, if there is something where there is a conflict of interest, not just some apparent conflict of interest in somebody's mind but a real conflict of interest, and it is discovered trump will suffer badly for that. if you think at some point self-styled critics of trump and his, how he handles his business, they seem to think he needs to get rid of everything. sell everything. that would create problems of its own. some of, look, here are the things that he has done are important. one, there have been important things on immigration. some of them worked well. some that are very controversial. last friday, announcing changes, reforms of the dodd-frank law are tremendously important and affect a lost people. david: marcy i will challenge you. can you think of anything that media has covered in a positive light of what donald trump has

done since he was inaugurated? anything? >> you know what look, that is not my job to judge what is good and what's bad. david: you're proving my point. you can't answer the question, can you? >> i can tell you -- david: you can't answer the question. just one thing that the media has reported postively about donald trump since he was inaugurated, just one thing? >> i am not a reporter. david: you can't do it. >> hey, look, i'm here to actually tell you about what the american people care about and -- david: marcy i asked you a simple question. you can't do it. fred, can you think of one thing? >> this administration is disarray. david: i hear you, marsky. fred, go ahead. i don't think there is any positive to cover. melissa: right, nothing positive to cover. >> some. media said nice things about the wall street reforms the president has proposed. david: there is one thing. >> clearly that is one. really, i think media will get to them later and criticize them. so far that has been pretty good. when you think back, everything

else has been reported negatively. david: you thought of more than i did, fred. because i can't think of a single thing. marcy, in the first would weeks of the obama administration, practically everything was positive about what he did but we have to leave it at that. fred, marcy, thank you very much. can you think of one positive thing the press reported on melissa. melissa: she said there is nothing positive to report on. nothing good has happened. must be it, nothing good has happened. political different can vied is hitting our nation's schools. sixth graders are attacking each other for their political beliefs. this is not funny actually. afoot and light-hearted i take to the open road. healthy, free, the world before me, the long brown path before me leading wherever i choose. the east and the west are mine. all seems beautiful to me.

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>> on the bus for supporting trump a 6th grade boy beaten and berated for wearing a make america great again hat. the students gangs up on the boy and yelling about trump's proposed wall. and the mother outraged after the victim. all the students are facing

quote consequences but, boy, unbelievable. >> really is amazing. all right. we have breaking news for you. the new england patriots arriving back in boston after their historic super bowl win. look at those. logan airport. there you go. >> big winners. >> how exciting for them. here's risk and reward. liz: well, the courts showed over the president's extreme vetting from people from seven terror hot spots. now getting way more heated. joining in the fight, we've got former obama administration officials joining in now. we also have three states. hawaii just jumped in. joining merely 100 tech companies going up against a trump administration. at stake keeping americans safe from terrorism. we are waiting for the trump administration's court response. deadline is at the end of this hour. we will bring you that news as it breaks. and also, this. the dow closing slightly down today. this on the heels of 21st industry fox, the parent of