lou: ed rollins, michael goodwin. always a pleasure. thanks for being with us. elemen lockheed-martin said that is what we're going to get, here is lou. >> new provocation from two country that trump officials have warned iiran and china. fox news that iran fired 5 advance surface-to-air missiles yet, that is less than a week after white house put iran on notice for conducting new ballistic missile tests. >> china defying trump administration sailing three of its coast guard ships, our gift, white house counselor kellyanne conway. also tonight we await fate of trump's executive order calling for extreme vetting of

immigrants and refugee, left wing 9th circuit court of appeals deciding whether to are interstate the ord which trump says is required to keep america safe. >> we need strong programs so 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. charles: judge andrew napolitano joining me to talk about the legal arguments and likely conclusion of the court. >> president trump acknowledging that repeal and replacement of obamacare, may not happen this year. >> we'll put in in soon. i think that yes, i would like to say by the end of the year, at least the rudiments we should have something within the year and following year. lou: ed rollins and michael goodwin take up the trump

agenda. good evening, 9th circuit court of appeal has scheduled oral argument on president trump's vetting executive order for tomorrow. at 6 p.m. eastern time. president trump today detailed hid rationale for that order while dressing troops at u.s. central command headquarters in tampa, florida. >> we're up against an enemy that celebrates death. and totally worships destruction, have you seen that. isis is no a campaign of genocide, committing atrocities across the world. radical islamic terrorists are determined to strike our homeland. homeland. >> mr. trump's justice department filing a brief with 9th circuit, attempts to lift the temporary restraining order, against the extreme vetting program. white house arguing that president acted within his

constitutional and stater to powers, but cop streu constitution gives him broad authority. white house arguing that immigration ban it only temporary for purposes of national security not a permanent measure, and stipulating that the economist order did you not espend to lawful permanent residents. silicon valley continuing its effort to undermine the trump administration despite national security concerns. nearly a hundred tech companies and their ceos, including apple could facebook, microsoft, twitter to just name a few, have filed a brief against the president's executive order, mr. trump making his position clear on washington state judge, tweeting, just cannot believe a judge would put our country in such peril. if something happens blame him

and the court system, people pouring in, bad. i have instructinged homeland security to check people, coming in coto the country, the courts are making the job very difficult. >> joining me now to discuss legal showdown. and recent leaks on phone calls with foreign leaders and iran's firing of 5 missiles yesterday, defying the white house warning, kellyanne conway, white house counselor to president trump, good to have you with us. >> hello. lou: we appreciate your time. starting with oral arguments tomorrow could the brief filed by attorney general, at least representatives of those two offices today. president has constitutional power, statutory 3 authority to do what he did. >> that is right, and judge in seattle has issued a broad

nationwide injunction, we're not sure that lit began litigants here have standing, an individual would have to show standing and harm, we think this is over broad. we take people are not talking much about the boston judge, lou who found the opposite. in his ruling, this weekend, he said, that he was not going to put a temporary restraining order on the executive order. we're confident we're prevail on the merits. we know that 9th circuit is tough, but as you say, presidents have a broad authority, they also have a duty and a responsibility to keep their nation safe, that is what president trump is trying to do here. lou: referring to 9th circuit court of appeal, the most overturned, a far left court by any standard. it and i guess your idea, your expectation, that you will move forward to supreme court

with this case? >> that could be. we have to see what the ruling circumstance circumstance i don't want to -- is, i don't want to guess their project on that. we're prepared to follow to see this through. the president is confident that we will prevail, in merits, he is confident with his authority to protect the homeland, i would point out to your viewers too, you may be getting to it there is an ap story today that caught my attention by eric tucker, he fact checked that judge in seattle, judge robart who claims from bench, answer is zero foreign nationals have been arrested since 9/11 that is false. i know that media so into fact checking, the judge said something, this is the judge, he said something that is not true, there have been foreign nationals arrested, i want over look at that this say

important piece that is not getting much coverage. lou: thank you for doing see, district court judge in western washington, put himself in the position of being rather a person with broad views as you suggested ended up in his order, secondly he had better information than the president of the united states on his face, his order if i may say, makes him look rather silly, i don't think, he would be too excited if i say he is somewhat liberal. and over his skis to be able to order from his bench in western washington state district. let's turn if we may to obamacare. and repeal and replacement. president acknowledging to bill o'reilly that perhaps not this year, today we learned that speaker of the house believes by the end of spring

there could be some kind of a replacement. what is going on here? >> i can tell you that the repeal and replacement of obamacare is an item that has been very much in the president's focus on many meetings, we've been waiting for our secretary of to be confirmed that would be nice, we have really get going here. you go you know, republicans have come up with as many as 9 plans overtime, we feel there are many good elements that exist that will allow americans to buy health care cost, a cross state lines. there are many different things that will happen. but obamacare has been around for almost 7 years. so the roots and tenti -- they go deep, we want to make good to president's promise that people relying on it, will not go without coverage during the transition process,

many moving parts. donald trump keeps his promises, he will continue to do, that and repealing and replacing obamacare is a big piece of that, we need to work with congress on the timeline as well. lou: roots do run deep, but at the same time, house of representatives has repealed variously 60 plus times, obamacare one could be 23e forgiven for thinking they had a replacement, proposition in mind, and ready for a presidential candidate who won was on the promising to keep some of that plan. it will be -- what is your assessment right now? this year? next year? >> it could be this year. it could be. but, i also the president said, it could go into the rudiments are there we cannot predict a timeline because there are so many different moving parts, i do assure you that urgency, and the action

on this particular issue will not let up this one that is not just check the box and put over there we'll get to this some time later. this is a serious center piece of president trump's agenda, he will make good on that pram toys repeal -- promise to repeal and replace, he is also taking into, count council of health care professionals and his advisers. certainly been talking to leader mcconnell, speaker ryan. many different people there. new head of medicare and medicaid, she has been involved. there are many different moving part, i am confident that the issue that i believe helped the republicans win, in 2010, and 2014, and 16. 3 of 4 elections since president obama won in 2008, obamacare, it is going to change in this country, the

way that we access and we receive our health insurance will change family, more patient centric, and less government focused and more free market. lou: the leaks from white house and telephone calls with two of foreign leader with whom president spoke. under investigation. what is is your expectation. if you will, give us a sense of where you are right now with that investigation. >> well, may be a bit misleading that people believe it came from. there are different parties with priv to that information, so i will let the investigation continue without me projecting what its findings will be. but the president, has been negative about any leaks, and pushed back upon them, as well he should, he needs to have private conversations with these leaders, he said there

was a mischaracterization of the tone and content of the calls, he will also put america first. that will pick up soon. but, i don't think that the leaks came from certain people, they did not come from the white house. there are other people who of privy to that information and want to put some of their own flourish on the call that end up being inaccuracies reporting. lou: heard to imagine, kellyanne conway. >> thank you. lou: we're coming right back with more. stay with us. >> trump administration close to declaring a red line saying that china needs to stay away from artificial islands it built in east china sea. >> china has shredded trust of the nations in the region, trying to have a veto

authority over the diplomatic and security and economic conditions of the neighbors states. >> spread t fred flights joins me next. >> and president extended a timeline too repeal and replace obamacare, saying his administration will soon implement what he calls a wonderful plan for all americans, but not this year, that is much more 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 that liberal elitists have for their families. devos wants equal opportunity in education for all kids, and that makes angry liberals... even angrier. (snap) achoo! (snap) achoo! achoo! (snap) (snap) achoo! achoo! feel a cold coming on?

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lou: two u.s. officials tell fox news this iran fired off 5 advance surface-to-air missiles as part of a military exercise yesterday, they were launched from a remote area, 45 miles south of siminon iran -- sehnan, ran, officials say that tests were successful, there you details involving three chinese cutters, near the disputed islands, u.s. officials telling fox news that boats are coast guard cutter ships inside japanese waters, in the east china sea. about 140 miles northeast of

japan, 4,000 ton cutter is 350 pete long, with a single deck gun. small arms aboard but rose, no arm am, this latest provocation comes two days after defense secretary mattis in japan, vowed to have defend island. joining me now to discuss this, fred. good to have you here. >> good to be here. lou: was that a reach too far on part of defense secretary to be as bold as he was in telling chinese what would be tolerate by president trump. >> i don't think so. we're seeing america's adversaries are testing us after 8 years of appeasement and leading from behind. there is a narrative that media and democrats are circulating that donald trump

is creating new instability, no, this was already there and growing worse. mattis is standing up to it. lou: that is such nonsense, by the national left wing media. and by the way, their corporate bastards as well who unleash them. ly listen to the new secretary of state, rex tillerson, in his hearing and how he responded to this very issue. if we could please roll that video. >> in south china sea itself in many respects in my view, building islands and putting military aat th asset on those island is akin to russia taking crimea. lou: i am for a modest foreign policy, i believe we have been far too adventurous as a nation over the course of some time. maybe 30 years.

but tillerson is play laying down a marker, clear divot. and you don't think that the administration may go too far in person of til tillerson and mattis, with response by this administration is nothing. how do you differentiate no response from the people. >> we have to call out the provocations especially with iran, iran is threatening freedom of navigation in persian gulf. lou: calling things out we heard from obama administration for years, he was a talker, this president is a doer, last thing that people want to hear ar are notes of a call out, you call them up, it would not surprise me if force has to be used to

guarantee the freedom of navigation in persian gulf and the red sea, i can see that coming, i believe that is the type of challenge we'll see from iran, we may have to use military force. lou: and islands? >> i think that a different situation, china frequently engageds in military engagement involving these islands. lou: why would you say something, if you are going to do nothing? >> china and russia and iran respect strength. and i think a strong united states. lou: you don't equate verbal signals with strength. >> you start with verbal signals. lou: how about quiet? nonverbal, at lift public signal, lose dip -- diplomatic

channels to say this is not going any farther. >> we have to call -- for too long we have ignored them, yes there does have to be diplomacy, a large u.s. naval present in south china sea, i believe that will bring more stability to the region. lou: turn quickly if we may to the circuit court of appeals hearings on stopping temporarily, a ban on those coming in from 7 nations. all of them muslim,. majority muslim. for extreme vetting. your reaction to what the threat is to national security as a result of the intervention of the. >> yoof. >> you judiciary. >> this is a significant list, the same list of terrorists

that president obama identified, the reason that this judge gave had no legal justification. lou: all right. thank you so much. >> great to be here. lou: vote in our poll, are you concerned that technology, wall street media and entertainment congram lates and ceos, have all launched an unprecedented fearious assault against president trump? cast your vote on twitter. follow me on twitter. like me on facebook. falsely ofall. on wall street, stocks moving lower, dow lost 19, nasdaq down 3, volume big board 3.1 billion shares, by the way you, you might have noticed market watchers quick to blame some concerns about president trump's policies for the slight moves to the down side.

citing political uncertainty, itself if in two weeks they were expecting somebody more than what he has already accomplished? market by the way, to put it in context has gained $2 .1 trillion since elect day. i 1er what caused that? not uncertainty about this president's policies. i reminder to listen to my respects 3 times -- reportsesly times a bay, up next, members of dodg obama administration are trying to destroy a presidency it seems that is the subject of my commentary here next. stay with us, we'll be right back. i'll never find a safe used car. start at the new carfax.com show me minivans with no reported accidents. boom. love it. [struggles] show me the carfax. start your used car search at the all-new carfax.com. you may sometimes suffer

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symbicort contains formoterol. medicines like formoterol increase the risk of death from asthma problems. symbicort may increase your risk of lung infections, osteoporosis, and some eye problems. you should tell your doctor if you have a heart condition or high blood pressure before taking it. symbicort could mean a day with better breathing. watch out, piggies! (child giggles) symbicort. breathe better starting within 5 minutes. get symbicort free for up to one year. visit saveonsymbicort.com today to learn more. lou: a few thoughts on the forces against president trump. president trump won the

presidency with his campaign against the establishment he athletes. but they are shark out now against president trump from every quarter almost daily. the president accuses the quote obama people for being responsible for the leaks to the press. he says it's a disgrace they leak it's a very dangerous thing to the country. the sources may be former obama officials but they are definitely pro establishment and anti-trump. that narrows it down to he social or academia suspects. leftists including john kerry,

susan rice, janet napolitano adding their names to a th the appeal. george soros donating to several individuals and organizations behind the lawsuits, including the aclu. the national immigration law center and new york to general eric schneiderman. the corporate masters of the left-wing media have given license to attack the president mercilessly. while he's besieged by the establishment he's working to bring down, what can he do to bring more allies to the fight. it seems his allies on capitol

hill have been for far too long aligned with the petrified establishment. they serve only their masters, the special interests who created the mess mr. trump and his bands of renegades are trying to sort out and ultimately fix. and ultimately win for the american people a decisive victory against the forces that's thank diminished our middle class in favor of a better life in favor of foreign cheap labor.

president trump defending his extreme executive order to protect all americans. >> the executive order establishes a process to develop new vetting and mechanisms to make sure that those coming into america have good intentions. lou: this gymnast taking his acrobatic stunts high above hong you totaled your brand new car. nobody's hurt, but there will still be pain. it comes when your insurance company says they'll only pay three-quarters of what it takes to replace it. what are you supposed to do? drive three-quarters of a car? now if you had liberty mutual new car replacement™, you'd get your whole car back. i guess they don't want you driving around on three wheels. smart. with liberty mutual new car replacement™,

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h&r block with watson. come see us and get your taxes won. lou: democratic senator dianne feinstein promising president trump's supreme court nominee neil gorsuch will have a fair and neutral confirmation hearing. >> i want the democratic side to start out with a neutral base and do the proper exploratory work and then be able to hold full and fair hearings. lou: full and fair, maybe it senator should explain that sentiment to who donald trump calls the head clown, chuck schumer and his fellow dems who have vowed to take a scorched earth approach to the

president's nominees. we have a lot for you have tonight, judge napolitano. dianne feinstein ignores what senator schumer said that he will oppose anyone come hell or high water. >> amongst the democrats she is a rare conscientious individual. but she'll bring some democrats with her. she met with judge gorsuch today. and at the ends of the meeting she said he's obviously brilliant and he carols about people. the second part with sending a -- sending a message to other people that he doesn't care about people. lou: he had you man news support when confirmed. >> i don't think they put that much effort into scrutinizing circuit court judges.

chuck schumer would oppose anybody who would have opposed a democrat. the 9th consider sutd court, the most george turned. the most midwest wing in the land among the appellate courts. are we going to see a full, fair hearing or will this be a stamp and sent to the supreme court? >> there is a couple issues here. before the court reaches the issue on whether the order by the trial judge staying the effect of the president's executive order was appropriate, and i have argued it's absolutely inappropriate. issue is, does the state of washington and does the state of minnesota have the standing to bring this case.

basic constitutional law says you can't just suit of president because you dislike to what he did. you had to have been harmed by what he did. how was your state harmed? there is no individual here who says he couldn't get in the country who had a surgical procedure scheduled. how was the state harmed? without harm, there is no standing to bring the case. if there is no standing, the case is over. lou: what's your projection? what will happen? >> my projection is a little different from what you expect. i think the 9th circuit will invalidate the order for the religion just arctic late it's a neutral, non-political way to invalidate it. it just says these two litigants don't have the standing to bring the case it's over and back in the president's camp.

lou: i don't remember a time when a district court judge issue pad blanket stay like this that affected every court in the land. >> they are rare. normally district court judges can define their orders. lou: what do you think it folks in the national left-wing media. he referred to the judge as a so-called judge. he shouldn't be criticizing the judiciary. >> he was angry. but he was basically the judge wasn't acting like a judge web was acting like a politician trying to second guess me. lou: chuck schumer is making it clear how the politics play.

>> chuck schumer's delays are starting to have an effect. one of the reasons we don't have a chain of command in the justice department is because we don't have an attorney general because human were is need lessley delaying the inevitable confirmation of jeff sessions. watch him try to do the same they can with judge gorsuch, especially if he thinks this issue will get to the supreme court. lou: a pox on his house is what i say. >> whatever that means, i'll bet the president agrees with you. lou: thank you, sir. please roll the video. an adrenaline junky bringing new meaning and video to the term high roller. this is him. watch if you have the courage. this russian thrill seeker casually skilling.

this is insane. what is he thinking about? he's on the ledge of a hong kong skyscraper. this guy -- if this is his idea of a thrill -- the gymnast declares -- and i have to believe him, that there is no fear as a factor in this. he performs the death-defying stunts without so much as a tremor or a chill. companies advertising during the super bowl not shying away from politics you might have noticed. >> she'll automatically be values as less than every man she ever meets.

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lou: joining me now, byron york. i want to start, if i may, your reaction which you wrote about in your column today, this western washington district court judge who decided he knew better than the president of the united states about who is and is not a threat to this country. and you have dug deeper obviously than the judge. what did you find? >> there are a couple things. one of the key arguments in this case was that the government, the justice department was saying the constitution and the law give the president the authority to do what he's doing in this order. they don't really give a u.s. district court for the western

district of washington state the authority to do that. the judge obviously rejected that argument. one of the things the judge did was he wanted to show where the justice department there was no basis for this trump order. so he asked the justice department lawyer, well, tell me, these seven countries, how many people have been arrested in if the united states for terror-related offenses. the justice department lawyer did know, and the judge said well, it's zero. the problem is, it's not zero. since 2001. we have had more than 60 people from these seven countries arrested and convicted of terror-related offenses. lou:ist's stunning. the hundreds of people who have been as you point out, charged, convicted. it is really stunning the level, the number of people coming in,

and we know as a matter of at least the islamic state brags they have insinuated themselves into grawps of refugees -- into groups offings are all across europe, particularly southern europe. to have a judge who is so arrogant to sit there and think he knows more than the president of the united states, this speaks, i think, volumes about what is going on in the national liberal media. there is a view they can attack on ideological ground, the president of the united states. i have never seen the likes of it. >> there was something elsen'ting going on in this case. the 8 of washington says it as a state will saw from this executive order because microsoft is there, amazon is there, expedia is there, starbucks is there. and these copies employ a lot of immigrant.

so this order will actually hurt them. so the judge -- the justice department says, if you are going to stop this order at least do it here in washington state. and the judge said no, it has to be a national stop. by the way, that's a global stop because we are talking about people in various countries being stopped from coming there to the united states. lou: did the judge bother to ask how many of those employees of those fine companies would be affected as he did in the case of the people who were pursuing terror against us from the 7 nations? >> 8 said 5,000 h1b visa holders work for micro some of the alone. howie: from those countries? >> absolutely not at all.

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you last friday evening, rumor or less optimistic about the future of the country after two weeks of the trump presidency? 94 he * of you say you are more optimistic. ed rollins, and michael goodwin. good to have you both here. i want to turn first to this 9th circuit court of appeal. an order that on it face looks reasonable. everyone -- nearly everyone is saying what is the point of what this district court did. >> i think obviously the law is on the side of the president. but i do think this. the appeals court, two members voted to hold it up. the same two judges will be two of the three tomorrow.

both democrats. they add one republican. lou: that's a balance. >> june canaby is 85 and an expert in indian law. and one graduated from berkeley law. when you look at the entire court, there are 18 democrats and 7 republicans. howie: do you love these people who say the president is politicizing the judiciary saying so-called judge when this court is known as the most left wing court in the country. you have got chuck schumer as i said earlier, going after in a scorched earth pursuit june neil gorsuch, to deny him a seat, arguably one of the most

qualified jurists since scalia. >> the way you get to be a federal judge is you get nominated by a senator from your state. in those three state, california, oregon and washington, you have got six democratic senators who will only nominate democrats. russell baker, a great "new york times" columnist once said just remember a june is just a lawyer who curried favor with a politician. and that's what we have here. the idea that judges are sack crow sanaresacrosanct because ta reason on, let's grow up. lou: the president is saying putin may be a killer, but there

are other killers in the country and we haven't always been innocent. >> i think the president is confident he can sit down and negotiate with anybody. he's been wildly attacked on that particular remark. lou: all that's missing is the hallelujah chorus. he's right in saying this country has not always been careful in the way we wielded power. and i think we have to be honest with ourselves. he's trying to say, grow up. >> i do think putin has gone beyond, kill a few opposition leaders, and i think that's different than what we have done in the past. >> don't do the moral equivalency crap. that's not what he's saying.

he's saying a modest, responsible foreign policy means people don't die. >> i hope what he's doing is a strategic move to isolate iran from russia. he's being tough on iran and friendly with russia. to the extent you can isolate iran is the most important thing. the obama deal with iran is the worst possible foreign policy mistake you can make. i think trump is right to put that deal back in the box. lou: is he right to have had his state department secretary and his defense department secretary basically issue ultimatums on whether it be against china or iran. >> i think to a certain extent we don't have a foreign policy.

lou: ed rollins, michael goodwin. always a pleasure. thanks for being with us. good night from new york. kennedy: a whole mess of cabinet confirmations on tap in washington. democrats vowing to fight each one tooth and nail. the president has laid out a timeline to replace obamacare. but we still don't have details on the plan. to hear the one about chelsea clinton's plans to follow her parents into politics? oh, wait, that's not a joke. grab a shrink. it's time to vent. so the smug new england patriots win yet another super bowl. now i know how hillary clinton