>> is said to be tied that is that when surfing on the left-hand side and voting on the right. >> the first tour in chief has been checking on so many things on his bucket list while in office. he's making davis about the protest. sure >> meal, it is yours. neil: thank you very much, stuart. developments as well as this delayed and delayed again confirmation vote for betsy devos is speaking out on the floor of the senate. the vice president will be casting the tie-breaking vote, and assuming he is needed and it is assuming he is needed because republicans have indicated they will not be supporting the education choice. susan collins of maine. they can't afford any more drop-offs, so they are expecting a 50/50 vote. the vice president in his role

as senate break-in not tie. anybody -- when it will be sorted out. peter barnes as they are now in giving us an early read on what we can expect, more like when we can expect. >> right now, the chaplain -- i'm not sure the timing of days. he is reading my daily prayer. we are expecting them to begin voting on betsy devos as education secretary shortly, within the next half-hour. the senate does its own thing. the timing is not down to the second. vice president pants is in the capital and as you mentioned because two republican senators, senator susan collins of maine and lisa murkowski of alaska opposed mrs. devos on the ground that she is unqualified. assuming they keep all the other republicans, it will be a 50/50

vote with pants being the tiebreaker as you know. then, after that, we are going to be moving onto the nomination of attorney general jeff sessions to be the attorney general. if the democrats stick to their guns on procedure here, and there will be 30 more hours of debate on its actual nomination after a vote to technically and cloture on hand -- on his nomination. these rules are so crazy. i may chat to walk us through them. that means bottom line that just sessions will likely face a confirmation vote by 7:00 p.m. on wednesday tomorrow. if that happens, the clock starts all over again for tom price says hhs secretary and steve mnuchin with all of this possibly wrap it up by saturday. neil: i think you explained it to me earlier. just so we have it clear. the idea of pushing back

sessions confirmation for republicans at least, they need a vote for davis, right? >> yeah, for devos. they need him to be one of the republican votes for devos. and then after that, republicans feel comfortable moving on his nomination because they feel they will have 51 class for mnuchin and price. the voting mistress started. neil: indeed, i heard the buzzer go wild. that means it is underway. it should take 20 to 30 men for all votes to be cast. west virginia joining us right now. senator, explain this process now. any republicans who wanted to vote against ms. devos would've done so already. we know of the two appeared do you know of any others that long-ago telegraphed that? >> i think we would know what

the vote count is. the margins are thin on everything. i think with greater surety we will say it is a fit and 50 tie and vice president pants for common which is very historic. it's the only time the vice president has broken that tie. neil: what if you make of that senator come in many of the left say even if she gets in, she's damaged goods. sometimes you get an and people soon forget the vote. but this will weigh on her and hold the leash on her. >> you know, what i look at a shia secretary of education. but more important issues before all of us than education of children for the next generation. we should be supportive once the voting is done. we should be supportive of that nominee. the bill we passed last year, bipartisan, every student succeed, which pushes much of the decision-making to the state and local communities, which is

by and that is what we want to look at the local community. neil: the rollout is jeff sessions for attorney general for treasury secretary tom price, health and human services. none of them are expected to have any trouble ultimately getting full senate confirmation that a double of a time getting there. the distinction through no fault of its own about the smallest cabinet at this point in his young presidency. democrats are using all bubbles to make sure they are legally parliament early doing it. what message is that sending? >> it's a message that the senate democrats are not ready to work, not ready to do the traditional thing which is to give the president his ability to move forward with the project

and the will of the people expressed during the election. historically we've had many more confirmation in a bipartisan way and even with fire here in thin ability to express yourself, the democrats are doing now. they didn't show up to my committee meeting to voice their opinion on scott pruitt. too much obstructionism. time to lay down our arms. they have this constant bickering. we could do a lot to shorten the time frame with the democrats cooperate. >> not imperil the part of the process. we have seen a number of senators. of course the president's choice to tell the supreme court seat that antonin scalia. back and forth he is winning over some democrats. maybe dianne feinstein who met with people yesterday.

i don't know of other democrats. one of the issues is democrats will get into a constitutional fight on this one. they are saving it for the next supreme court pick. have you heard of anything like that? let's look at who are talking about. we are talking about a mainstream judge is very well day. i got to meet in last week feared he can by the office. a great american. it's not easy. his guiding principles to always do right or try to do what's right and to encourage to express your opinion. i think this is what we want. we want to judge that adheres to the constitution. he's conservative. i like that. if you look at him and the whole, i don't see how many people could object to somebody like neil gorsuch serve another supreme court justice. after that is a whole another story.

>> whether its 50 plus votes or 60 plus votes, and i am hearing that mitch mcconnell of course keeps saying the senate leader that the judge will get approved and will be sitting on the supreme court. do you take it to mean if it looks like republicans are ready with the so-called nuclear option and a simple majority would you be okay with that? >> i don't think it's time to make the statement. the process move forward. democrats saying but given his day in court. let's have him have the ability to make his case before the senate talking about judge gorsuch. i hope it cascades into what was done historically to listen and express opinions on the confirmation. it's premature to say what direction we could go but it would take senator mcconnell at his word as they always do that he will be confirmed. a >> last question because it's outside to the noise going on right now.

the issue of tax cuts as you know, senator, the markets go up and down of late. whether they see tax cuts going through or not. large on the believe that the president and others still to get tax cuts on the table how doable is that answer right there on the front line? >> speaker ryan just walked by it he is one of the main architects and also one of the main policy people helping us formulate a tax reform. there's a lot of bite on both sides. i believe tax cuts will come forward by the end of the year. might be in a bigger package. the confidence in the economy really relies on it and realized i miss fulfilling our word. i would hope the dysfunction we see around the cabinet, positions are dissipating get back to the business of getting people back to work.

neil: something expect that at that at the devos confirmed as secretary of the united states. one of the thinnest margins we've seen in american history for pics to a president's cabinet. obviously, the markets could fall off if that does pan out. vice president to break what would be a 50/50 tie in the senate under nomination. for some of them are saying that a cabinet paper. you can imagine since that seems to be the assumption in the aftermath of all of this but if it doesn't pan pan out, by the door.

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neil: already paid the senate confirmation vote is underway for bessie devos. the rare moment for the vice

president of the united states and he will patently be needed to pass the tie-breaking vote because the education secretary liked by 50 senators and not liked by 15 senators, two are democrats or republicans i should say. that is why you have a tie-breaking vote in the name of the vice president. senator chris coons for the beautiful state of delaware, democratic just voted no on the deal for devos. why no, senator? >> i listen to the confirmation hearing of betsy devos and in my view she didn't have the experience, background and insight. not in the mainstream of america policy and she was able to identify a core issues of policy. she had no idea which is the federal statute that protects

children with disabilities and make sure they get access to high-quality education. the difference between growth and proficiency and education. the agenda and michigan providing taxpayers access to taxpayer funding through vouchers to derail funding from the traditional public schools and send it to private or parochial schools without accountability struck me as the sort of republicans would ever support and that virtually every democrat has opposed. neil: that doesn't mean that you are not open to those in school districts where they don't think their kids are getting a good education, that they can find alternatives to that. >> as i sat on the floor earlier in a speech, i spent more than a decade working with you i have a dream foundation, an organization that provides educational scholarships and opportunity to kids in the

toughest schools in the country. i've been to the most violent, most typical, most failing schools in america and i understand and empathize with the yearning of parents and students to have alternatives. but to have alternatives about accountability i think is a disastrous path. in my home state we have charter schools. we have school choice that in some cases it's worked out well. our governor had the courage and the foresight to shut down failing charter schools. that is some team betsy devos fought against. i don't think republicans have ever stood for taxpayer dollars being spent without taxpayer accountability. that was concerned for me. neil: she will likely get in the opposition notwithstanding the vice president as will a tiebreaker here. i am curious as to whether the well has been poisoned for these remaining picks. we are told in rapid fire fashion, attorney general steve

betsy devos, tom price for health and human services. there is a lot about cap mena plan is approved. the smallest lens yet for an incoming president we've ever seen. does that trouble you at any level? >> it troubles me in the six years i've been a senator, obstruction and an ability to work together, republicans obstructed vigorously. president obama's attempts at confirmation for supreme court justice district court judges and senior positions in business administration. neil: they did nothing of the server cabinet picks. is this really for tat then? >> well, i haven't taken that same approach. i have voted or will vote for general mattis for secretariat defense, brenda mcmahon for small business administrator. i've met with both of them and found them to be qualified, reviewed the record of service and was encouraged by what i think will be able to do for our

country. on the issue at the supreme court, i am not going to do to circuit judge neil gorsuch what republicans did to merit garden and refuse to give him a hearing, unprecedented and extreme step. he should get a hearing in the american people should hear his views and his record and go from there. neil: you've heard a judge gorsuch, where julian at this point? >> i'm concerned about his position on access to justice. i'm concerned about how he sees the balance of power between our branches and i'm concerned about some of his opinions and ratings. i've heard from a number who've practiced within positive things as an individual, but i have not yet met with him and i am in the beginning stages of reading into his record, his decisions, and opinion and the work he did both as an attorney and now is a circuit court judge. i am working to keep an open mind and to provide him the fair hearing that merrick garland

never received. neil: senator, a pleasure taking the time. on the day you don't have much of that, we appreciate it. senator kearns of the beautiful state of delaware. anger among protesters growing public -- republican congressmen need to police escort from a town hall meeting. easier to respond to those developments. good to have you. it got pretty crazy there. what happened? >> well, over 100 town hall meetings in my constituents over the last eight years, including throughout the entire lifespan of the tea party and the occupy wall street. this is the first time the police department but i needed a police escort for security reasons. neil: whatever was going on, one of the organizers quoted "the l.a. times" as saying the importance was to show mr. mcclintock we are not going to stand for anyone on board with the trump agenda.

apparently resides in your district. we weren't just going to smile and nod. did it ever get violent? >> no, they kept it under control. the interesting thing is they are not objecting because donald trump has broken campaign promises. they object to keep some of his campaign promises. that is the result of the election. not just this election, but the last four elections. neil: i wonder when you go about planning other meetings that your constituents, do you have to then check that with vocal on first? >> i think we'll have to coordinate much more closely local law enforcement and get videos as long as these are being targeted by organized groups. neil: what was the thing they had, congressman? they don't like the trump agenda. to your point, he is doing he said he was going to do and that

the consequence of election of course. what is it they particularly didn't like? >> i ran the gamut of drug policies. they do not like donald trump and are not happy that they lost the election. that's what elections are all about. i tried to tell them many americans disagree with barack obama as you do with donald trump, but they didn't write. they engaged in a conversation with fellow citizens do not produce one of the great political realignment of our nation's history. our institutions are very good at resolving differences such as those experienced today but it requires people to talk with each other and not shout at each other. unfortunately that is the line we seem to have crossed in recent days. neil: there is a rationale for this but the payback for republicans and intransigent on what barack obama wanted to do and democrats returning the favor by lack thereof.

this will be seen for the next four years. now i'm beginning to wonder, what are you at issue is agreed on because i don't see any olive branch handing over here. >> obviously that is very frustrating. the american people have made it very clear they want a dramatic change from the obama years and they've done that in four elections in which the democrats have lost 67 u.s. house seats, 12 u.s. senate is, 10 governors, more than 900 state legislative states and the presidency itself. the people have spoken very clearly. congress and the president have a mandate. it is important that we listen to everyone. we are going to be judged, for example on obamacare. we are going to be judged on that in our country a better health care system than the one we found. neil: congressman, thank you are

a match. good catching up with you. a ledger physically well. that was a little scary. >> thank you your neil: look at the left-hand side of your screen, the vote for someone to be the next education secretary. expectation is a 50/50 tie and the vice president will have to break the tie. we are separately hearing from people who are there, susan collins are public domain along with lisa subset of alaska the other republican senator, those two not voting in favor of ms. devos thing it remains to be seen whether a tie would have to be broken by the vice president. we will simply have to wait and see. more after this.

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 the night the legislating is going to be done this year. we are going to be done legislation aimed. the question is how long does it take to implement the for placement of obamacare?

that's why we've got to get tom price at hhs confirmed a cms so that they can get to work with replacing this collapse in law. >> nothing is being pushed out. a 200 day plan. moving on to repeal in her obamacare. then tax reform. after you've done health care, and you could expand where you do tax reform. neil: the upside of those two comments with republican leadership is still keen on getting tax cuts through. the prospect for tax cuts almost mirror that. could be put off or delayed out right can't hold. that's what they are clinging to. other things i like to see.

regulation reform, repealing and replacing obamacare. repealing it isn't going to be enough to satisfy those two things. the gap between junking the president helped her a lot and replacing it with something could be very consequential indeed. now we've got charlie here as we look at the left of your screen. the final vote. the likely bowl of vice president will play to break the tie that could be quite imminent. we will break in if that's necessary. on the tax cut in and atop that it's still on, what do you think? >> i think you cheated up a lot, saying the thing is pushed way off. not good for the markets. lo and behold donald trump is a voracious viewer, not reader, the viewer of cable news, particularly fox news and that is when he cannot and said that thing is back on the table. to y initiative and will cut your taxes. i met mccarthy at the super bowl.

he was sitting in the sandbox of the washington redskins. neil: you were just in a seat? >> know, i was in a box. mr. snyder was the redskins. >> it's amazing being there. i was in the field for the kick off. it was off the charts. neil: by the way, i'm sorry, buddy. the vice president will have to intervene the vote. can we hear this, guys? the senate being equally divided, the vice president votes in the affirmative and the nomination is confirmed. majority leader. >> reconsider the vote on the nomination. >> question on the motion to reconsider. >> i move to table the motion to reconsider. >> question is on the motion of the table.

all in favor say aye ko. all opposed? the ayes appear to have it. the motion to table is agreed to. >> i ask unanimous consent the quorum call be raised. >> without objection. neil: there you have it. the mandatory quorum call will be delayed. i have no idea what that means. >> is a parliamentary procedure. neil: it happened here is something you can tell your kids and grandkids. for the first time a vice president of the united states has intervened to weigh in on what was essentially a tie cap take. 60 senators supported sub one. 50 did not. among those are two republican senators, lisa murkowski of alaska, susan collins of maine. they were worried more would

join them in the vice president felt would be meaningless. his role as president of the senate, he wrote that tied just made it possible for someone to be secretary. the role that al gore to play today the tax act through back in the early 90s. that was then. this is now. this is a totally different issue now. again, the vice president has broken that tied and betsy devos will be the next education secretary. by the way, this will clear the way for jeff sessions next step to be attorney general, and steve mnuchin, tom price for health and human services. my friend, charlie gasparino was rudely interrupted. that was weird. >> it is interesting how much of a list is bad for the trump administration to get it through. she was a lightning rod. she wasn't in education bureaucrat could she didn't

speak the lingo of the bureaucracy. she's a school choice privatization hawk. the right buster, the left loves her. democrats were able to peel a couple people in the middle that were wavering and they have issues. neil: it would be fair she did not hold yourself well. she was database. >> yeah, she's not an education bureaucrat peered she doesn't know all the lingo. she's a business one come all funded charter schools. mnuchin will have another set of issues as you know. he will have business issues he will have to win himself through. neil: cleared the finance committee. is there any danger? >> i think he's going to clear, but my view is they're worried. viola, good friend of mine, wall street trader, why did he pull out? he's got business issues. it gets murky.

mnuchin did not list of business issues. mnuchin will be a problem if he does not get confirmed. neil: what could stop there? the finances? >> the thing he did not disclose a start aspect of his holdings. in a prompt manner and finally did disclose it. if he doesn't get confirmed, it's going to be an issue for the market. neil: you are right. i can imagine not getting through. jeff sessions with all the controversy probably will. tom price at hhs. but there is a method to making it difficult. you want to send a message. >> you have to saw his agenda. we need to get tom price and their to be able to get -- do the repeal an eventual replacement of obamacare. he didn't say this, but this is what he meant. we need to get mnuchin in there. neil: to tinker publicans are

screwing a? >> i thought so, but far be it for me. those vice president pence's call. neil: in rem policy or is that if we repeal anything which never place that right away. >> the stalled administration of the past. bill clinton help here. first-term discredit hillary care. barack obama doing health care really hurt the economy. he should've got the economy back on track. but then you post health care which became kind of a mandate and the slowdown. >> they ran the table and may god a lot through. they criticize the consequences of their action. but they knew how to run with that. you can argue whether that hurts them or not. i do think their effect is. >> he set up for donald trump presidency, which is even more of a causa trance than any other republican to his agenda. i did well on my sats.

neil: i'm glad you had a good time at the super bowl. >> what mccarthy told me that that tax cut second hundred days. neil: how did you get on the field? >> dante done. he knows everybody. who did i meet? a red -- a broad. hanging out with jay glazer. neil: campus in the mile away. i saw our boss at the inner circle party. neil: so you went to parties? >> mr. murdoch was there. neil: that will do it. charlie gasparino just rubbing it in. he's an honorable man, honorable representative for the beautiful state of california. the democratic congressman here on monday. very good to have you. thanks for coming. i did want to talk to you, charlie gasparino, up to so many powers that be at the

powerful -- super bowl. the fate of obamacare, some republicans, not all of. you think it means fixing, but she don't you give me jump in. how do you feel now with these issues and what would you propose to make it better? >> well, first of all, we need to beware of the people in control of the house of representatives, senate and presidency. they are determined to repeal and replace, whatever that means. the repeal is going to start a moment ago, the tax issues. if they repeal the tax issues to support the affordable care act. i don't know how they will replace because there is still money to replace. unless you want to go to the credit card and run the deficit any higher than it would otherwise be. this'll be an interesting time.

of the taxes that support, the affordable care act, 70% of the 700 billion plus dollars over 10 years. that is a very interesting problem for those. >> let's say they are not all in agreement. they have a dozen alternative health plans out there. they don't agree on what they can rally around. you've come on to say let's fix what needs fixing. what would you be open to working with republicans on? >> the question of providing adequate insurance companies and the various exchanges across united states. that's been an ongoing problem resolved in california. the other thing is the availability of other providers. that is not readily available. doctors and other specialists

are not readily available for the additional number of people that are now able to get normal medical services. so that is another area. those are two that are right out there. finally, not finally, but another one would be in the rural areas of california, there is a severe shortage of personnel clinics and hospitals. those are all areas that need attention. certainly there is the question i'm going always about the level of reimbursement for the various services provided. that occurs both in the private insurance that are concerned that occurs wherever you find the issue of medicaid, medicare as well as exchanges. those are all areas of concern that need attention and we could do that without repealing or replacing, but rather going ahead in fixing the known problems. neil: your thoughts on how the parties are getting along. obviously a lot of democrats say

this is payback for the way they were treated, particularly the way president obama supreme court pick was treated when republicans were running the show and ignoring what the president was offering. so they remember that. democrats have long memories. i'm wondering now between this and the battle in the light, is anything going to get done, congressman? >> well, certainly much has been done. unfortunately the public is simply noticing what has taken place. the first executive order by the president dealt with those kinds of issues that are in the administrative domain with the affordable care act and that order will cause problems in the functioning of the affordable care act. we've also seen the various repeal of regulations. mountaintop removal of regulation.

if you happen to live in coal country, but not near being cut off and streams out, now it's open. neil: may be for perfectly valid reasons. you mention executive orders today. republicans said the same about the executive order and back and forth we go. >> well come exactly right. two years ago the republicans were screaming about the imperial president a period neil: now you are, right? >> shoes on the other foot. this is exactly what happening. of course we are right, they are broad. it goes back and forth. the fundamental policy issues. neil: i understand the fundamental policy issues. i understand your pragmatic guy, so i hope for both sides that the spirit that continues. we will see. congressman, thank you thank you very much beauty of a busy

schedule. we appreciate it. in the meantime, just letting you know it is official. history was done in the last few minutes. cabinet appointment is in a 50/50 tie vote had to be broken by the vice president of the united states in his role as president of the senate. something we've never seen for a cabinet position did we just thought it now. a little more after this.

neil: watching the markets closely. nicole petallides with what is driving all of this. >> looking pretty great. record or the tao, neil. record for the nasdaq and the s&p 500 came within a point of the record. we've had the optimism since november. the or the 20th or the record was a lot back in november. see how we fared since election day. you can see the nasdaq and dow are up 10%, gaining 7%.

the dow has a record watching some of the winners. knowing an apple in a 52 week high. ibm another winner there and they're taking a look at the java nurses the election. no doubt, financials are there and president trump has now moved forward with executive orders, motion to scale back the regulations. that really has given a boost to the financials as he continues to do so. goldman sachs at 32%. jpmorgan 23% in the election. not only do we have policies and ideas that are supposed to boost our economy and are boosting its members here on wall street, but also better than expect that fourth-quarter earnings. the jobs report on friday was better than expect dead and despite the fact the unemployment rate went up slightly, that was because people finally felt invigorated to get out there and look for a job as opposed to as you know so

many who just dropped off. now they are back working again. neil: always inspiring when we see it. thank you very much. nicole petallides at the new york stock exchange right now. something else markets tend to like is when they get the regulations out of the way. that is the goal is the gorbachev administration. if you want to come up with a regulation you got to get rid of two others. right now it largely on paper. jerry weller says the problem is in the details. >> that's right. the president took a big step last night citing executive order. the first step towards getting rid of dodd-frank, that executive order required the u.s. treasury department to basically develop an outline for step-by-step getting rid of the law that regulates wall street in wall street in a big seller for the country. the president has said this law constrains growth both at the corporate level, but also a big economic level countrywide. he wants to get rid of it.

what we have found now is that if the itc amends the lot were great exemptions to the law, these two. lawsuits are people who are being harmed in some way by the revocation of these rules. now the thinking is the only way to get rid of dodd-frank on the executive order is enough it will have to have a lock on congress repealing outlaw and you can bet the democrats are already talking about opposing not from the get-go. this idea made into rid of regulations could seems to be falling apart in the face of all of this detail, all the nuance that is a lot of people just didn't consider going in. good to know what is so odd is dozens of these have accumulated over the years to the point that even if you wanted to set up and down to one and then replace to comment; it would take 1100

years to work that off. that's just a herculean task. >> using tax reform will be? they sure be? this shows you how difficult it is to repeal a single lot. i sped through the myriad of rules, regulations and laws that don't trump wants to put through to change things, make them better. it's just not easy. neil: is a daunting task. well put. thank you, gerri willis. in the meantime, today an appeals court will hear oral arguments on the immigration ordered the ban of some of the president's critics. the immigration delay from the seven countries in the past. the same seven that barack obama cited when he was president. but the arguments in that case and in that district that could be signaling this is going all the way up to the supreme court of the united states. more after this.

>> the desire was to get it out. again was to get it out quick so that potentially people that might be coming here to harm us would not take advantage of some period of time that they could jump on an airplane and get here or get here in other ways. so that was the thinking. in retrospect, i should have, this is all on me by the way. i should have delayed it just a bit. neil: about was homeland secretary john kelley admitting there were some problems with the so-called and rollout. we are told that he had actually nothing to do with it. i think that is being called a gentleman and a soldier. having said that, on the fallout

from all of this, that is what is going to come up in the back-and-forth in coors. where that stand right now? >> right now we are waiting for a ruling from the judge -- excuse me, an appeals panel in the ninth circuit. neil: three judges? >> yes. three judges, to a bush appointed by democratic presidents and one by republican president. they have taken briefs from both sides, from the government and from tuesday's challenging disorder. the two states and washington and minnesota. they are going to the arguments given tonight in a telephone call, which is kind of interesting. at 6:00 p.m. eastern. and then there will be a ruling on whether or not to maintain the block on the president's executive order that is now in place based on a rolling from

one judge in washington state. who curiously didn't really provide much legal rationale for his decision, but nevertheless is now blocking implementation of president trump said in order. so it is expected that the appeals be at all will roll fairly promptly given that there is so much interest in this and it is important, you know, for national security and also the people affect the diet. i suspect that whatever decision they have will also be appealed. so you know, it is not going to be over this week. this will drag out for a while. neil: the next stop or ultimately the final stop the supreme court? >> it could be depending how the courts handle it. we might have to wait for an actual hearing and sort of trial on the arguments. it depends on what the courts find.

most people seem to agree it is pretty clear the president had the authority to do what he did and that no one has really shown how anyone is really seriously harmed by it. some people say these twos dates don't even have standing to bring this lawsuit to begin with. there are lots of other cases around the country, so we have to see. it's very likely they will be conflicting rulings because the judge in boston found that the president did have the already at the president was likely to succeed in the legal process. we have to see what tricks people pull out of there they go back here in neil: and help lawyers can craft that too would be the new lightning -- liking. what is your thought on neil gorsuch, the line of questioning for his upcoming confirmation can whatever they're going to

be. he can punt on this, but it's not as if it's not going to come out. >> well, i'm sure he'll be asked about it because senators like tuesday's confirmation hearings as a way to express their opinion and views on policy matters. but my understanding is he's not going to want to signal. for one thing to say i haven't heard the argument yet. for another thing, he's not going to want to signal one way or the other how he wants to vote on it. it is not clear how this will play out. it could very well land supreme court. it started to patterns if it goes to the court wednesday for-4 tie. if the court ties on it, the ruling would stand. so that is a strategy that both sides are using. neil: sure. cognizant of the reality around

them. jessica, thank you very much. a peek at the dow 1.5 points. tax cuts a riveting sideshow here. the better they look, the better stock split, the more problematic they look. it is uncanny, but i'm telling you it is consistent. we will have more after this. why pause a spontaneous moment? cialis for daily use treats ed and the urinary symptoms of bph. tell your doctor about your medicines, and ask if your heart is healthy enough for sex. do not take cialis if you take nitrates for chest pain, or adempas® for pulmonary hypertension, as this may cause an unsafe drop in blood pressure. do not drink alcohol in excess.

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>> on this vote the yeas are 50, the nays are 50. the senate being equally divided, the vice president votes in the affirmative and the nomination is confirmed. neil: so the vice president making some history today, casting the first-ever tie-breaking vote for a cabinet member. betsy devos goes on to become the next education secretary of the united states. certainly not your traditional cup of tea. why all democrats and two of the 52 senate republicans voted against her, but isn't that the issue here. this is going to be a cabinet populated by non-traditional members?

"washington examiner"'s gabby mangello is here. what do you make of that much is made of this outside the petri dish cabinet, including betsy devos, but people voted for a outside the petri dish president, come as no surprise his cabinet would be the same ilk? >> yeah, absolutely. this was if anything a change election where americans elected donald trump out of their desire not to only change our political system and change our policies and change our leaders. for somebody like betsy devos to receive confirmation to his cabinet, she is representative of that gang and always has been. she may not be a traditional candidate. she drew so many backlash from the left. she has put forward policies that would completely overhaul the current educational system in this country and introduce the type of change 62 million americans voted for.

neil: you know what i'm worried about? for those that want to go outside of traditional picks for either cabinet or administration, agency positioning there has got to abettor training process to get them ready for these hearings, mrs. devos, whatever you say for her was ill-prepared for hers. democrats were out to get her or embarass her. that is what her folks are saying. she was woefully prepared. for outside of the box candidates that will be the case. i think going forward, democrat or republican administrations they have to pay attention to that. those confirmmation hearings are crucial. >> they are, neil. i think you're right on that point. the trump administration certainly did everything they could to prepare their cabinet nominees for these hearings that they faced in the senate but the backlash that betsy devos faced over her nomination was not something she or the administration was prepared for. i think that all along they

could have been making a stronger argument that illustrated hypocrisy of the left in terms of arguments they were leveling against her. democratic senators saying she was too wealthy or too dumb to be the secretary of education. if that is something republicans were saying against a nominee from a dem can contractic president -- neil: you're absolutely right. i'm not meaning to disparage miss devos. those who have to go through this process and better learn the process and better learn things most cabinet appointees were ready for that, ready for guns ablazing, tillerson, secretary of state. more often than that that will be the demand going forward. stepping back from the others who will be confirmed, not yet confirmed, the president will get his entire team in. they will be delayed. he is dealing with the fewest

confirmed cabinet members at this point in his presidency than any president in modern times has experienced. does that put him at a disadvantage? does that hurt his agenda? >> yeah, it absolutely does. his administration is not able to operate. the top capacity because they don't have every single post filled at the moment. president obama had seven cabinet nominees confirmed on the first day of his presidency in 2009. donald trump had less than three. so, it is certainly impacts how the administration is able to implement and advance their agenda and -- neil: isn't that the strategy? i kind of cynically that is part of the strategy, delay, delay, drag it out, drag it out, the more you do that the less you can do in the eyes of democrats in this case any harm. >> it also helps democrats make the argument a lot of this he will try to push through executive order since he can't do it without his cabinet

appointees, that doesn't paint him postively in the light of republicans who have been so frustrated with the previous administration use of executive authority. neil: sometimes you leave no choice. you're right about that. gabby, thank you. always good having you. thanks. >> thanks, neil. neil: education reform advocate jeanie allen worked with betsy devos, supported her nominationt cabinet post which is a good thing because she is going to that cabinet post. gina, i always wonder i hear about the delays and dust-up steve mnuchin about his investments, when he acknowledged and what, this is not necessarily about the individual cabinet appointee but about slowing the trump momentum, confusing it, delaying it. what do you think? >> and trying to weaken a really critical agenda, you're absolutely right. this was not about betsy devos, about vested interest group, supporters of the status quo who are just going postal over the fact there is someone who

advances and advocates school choice that may put meat on the bones of donald trump's proposal to put $20 billion in school choice and return power to the states. this is something the education blob has not seen or been able to manage for years. had bill bennett living in the time of social media, right, we would see the same outcry. he wasn't. this is today. that was then. now we can look forward to some bold changes, hopefully if she stacks her team with people who know how to deal with the belly of the beast. neil: you know, if you think about it, she is going to be running a bureaucracy populated by the beast. i don't mean to disparage the education department, but it was gunned against her from the get-go, now she is that agency's boss. she is calling into question the wisdom and the need for public education, the way it is being done in this country. that's a huge vested cabinet agency interest group that will be loathe to any changes, right? >> and that has literally

hundreds of coalitions organizations, groups and unions perched in washington on a daily basis. look, that was the outcry you all talked about. it wasn't outcry from real american people that wake up every day, the parents of 15 million kids in poverty. it was an outcry from the people's whose livelihood is threatened. she will have to have eyes in the back of her head as my mother used to say, she will have to be focused on the right thing to do -- neil: she doesn't have the team around her. i always wonder how it goes, team around her not a big fan. tillerson addressed workers at the state department. we do know in retrospect, workers at the state department some you how released details of that phone call, hang-up, whatever it was the president had with the prime minister of australia. only way it could have gotten out. someone at state department to leak it.

this is who will address the troops which will have authority, he has snakes in the agency. she will have snakes in the agency. not -- the entire agency you know they will not be open up to charter schools they will not be open to someone who says there has to be a better way to educate our kids. >> some are snakes and who really believe, more so to the point, government is our friend. they issue non-regulatory guidance and convince politicals year after year, no matter who has been president, this has been an issue. people who think they know business. as they say in washington they wait for the summer help, the politicals to go away. just being smart and kind and thoughtful is not going to change that. they have to be relentless in looking under every desk. neil: you know i always remember someone at labor, department of labor and statistics, you know, neil, the bosses come and go, we're always here. that is how they view it. >> exactly.

neil: that is not good. jeannie, thaw very, very much. >> thanks, neil. neil: we have a white house briefing coming up. they're always entertaining. what i live for is blake burman. he is go-to guy with questions. he daneed an appearance with us. good to see you, my friend. >> i tell them i'm on cavuto's show. they give you questions. neil: all right. now obvious isly they are relieved that betsy devos got in there albeit with the vice president's help but she is in there, right? >> yeah. i mean it was a 51-50 vote there on the senate floor. a little while ago we hoped to ask the press secretary sean spicer about this a lot of questions surrounding this, neil. they set precedent today for the first time allowing the vice president going down there to capitol hill and cast determining vote for a cabinet member. you have to wonder if the administration feels comfortable about that because they have

been, they have now set this precedent. they mentioned the white house press secretary sean spicer did, last week they felt it would be a slam dunk case. there would be 0% chance devos wouldn't get in. we don't know if at that time the vice president casting final ballot or not. either way devos is in. you have to imagine mr. spicer will be getting questions about this at the press briefing. speaking of questions, neil, right now, or we believe at least in the upcoming moments house oversight committee chair jason chaffetz is here at white house to speak with the president. this one is very interesting. as we know president trump talked about getting rid of waste fraud and abuse on campaign trail. mr. chaffetz is the committee that oversees investigations into government waste, fraud and abuse. they are talking about that potential avenue. mr. chaffetz requested the lease for the trump hotel for a few

blocks down the road as now there are some questions about whether or not that is all legal and ethical and everything is tied up now that mr. trump is president trump. notably the white house did not list what that meeting was all about. we have jason chaffetz here at the white house. questions we hope to ask about betsy devos. you're right, that press briefing neil, set to begin in 45 minutes we believe. we'll be there. neil: quickly on the press briefings. you're in there now. new tone, new approach. skype reporters coming in from all over the country. how is that going down? they're raucous affairs. parodied on senate -- "saturday night live" and elsewhere. how is this going down? >> one thing helpful to the audience. people may not realize. there are 49 chairs. standing room only on the side. it is packed. if you're claustrophobic, at

times it is claustrophobic in there. that element, some folks want to get at this administration. we're in the business of asking questions and gathering information. you sort of get the feeling that others might have a different path they want to go down to. you get the small room. assigned seats, standing room only and then some questions that can go back and forth. it gets heated i guess you want to say sometimes. it certainly makes for interesting theater, neil. neil: they are pay-per-view moments. i live for it. we'll look for it 45 minutes from now when things kick off there, and we'll take to you blake. we have a lot going on here. we have the dow up about 24 points right now. lawmakers pushing for tax cuts near and dear to the corner of wall and broad. this is uncanny. i focused on this weeks ago. you can actually measure this market to the tick it of the looking for tax cuts, in my opinion. i think better look for stocks.

when they look dicey and delayed, so much. right now markets are kind of confused. betsy devos gets in there, that distraction goes away. these guys are about the green. i can not repeat this enough. a conservative or political argument. not red or blue but it is green. they want to make more green. they think that will happen if tax cuts happen and less likely to happen if tax cuts don't happen. that is just the way it is. i am not making a biased statement. i'm telling you these guys don't care if you are sole needs sin, if you make money they love you. e

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and if you have more than one liberty mutual policy, you qualify for a multi-policy discount, saving you money on your car and home coverage. call for a free quote today. liberty stands with you™. liberty mutual insurance. neil: remember the thought where hillary clinton might be running for mayor to new york city. mitt romney is leaving possible

senate run in 2018 in utah. telling a newspaper there, he always leaves doors open. well if you leave the front door open of your house it is a cold day, close it. anyway, these are just strange times, right? this gets pretty strange here. calls among some in the republican party to repeal and replace obamacare, the thinking being the faster you do it the better. take a look. >> there are roughly 3,000 counties in america. there are 1022 counties have only one insurance plan. >> right. >> so it is collapsing upon itself. so we have to transform this and we'll be able to do it. watch this month and you will see it start moving. neil: joined by congressman mark sanford, republican state of south carolina. congressman, the one thing i hear on this issue, important though it is, i'm sure meaningfully important to so many republicans not as important to tax cuts. not as important to goosing the economy, giving it a pickup

because things are slowing down. this should not be the signature lead off event for republicans. what do you think? >> like it or not i think it is going to be. we have already passed in essence a vehicle that allows for this to move forward. i think it is tied to the first crack at the budget. i think that the tax cut will come later. so i think we can have a debate whether it should or shouldn't be there. i think what it is going to be. neil: does it trouble you in that respect, you can't second-guess this stuff now i understand, it has gotten a lot more complicated, a lot more involved, a lot more weighty i think even republican advocates would have thought. maybe the president added to that confusion, sir, saying i think we should repeal and replace close to simultaneously. i am getting a sense that some are having regrets. too little too late to your point. do you worry tax cuts are getting pushed off maybe, significantly so? >> i don't think so. i was just in a meeting a few

moments ago which what is called the rsc, the republican study committee. the vice president came by after lunch after the tie-breaking vote on the senate side, he promised vote. that the sad administration will move forcefully not just with repeal and replace with obamacare but with tax cuts as well. his view the tax cuts were absolutely integral to seeing the economic growth that the administration wanted to see that was important to jobs and the economy. ultimately important to a balanced budget. neil: i'm wondering if you had to time it, how would it go? what is the time frame you and your colleagues are working under to get this stuff done? >> my sense is late february, early march, you will see something move with regard to obamacare. certainly the repeal part. i think to your.the replace question is much more delicate politically. i think of all the issues our office for instance, has gotten calls on here lately it has been about the issue of replace.

will you repeal and not replace? repeal and replace but with what? there is in fact a group of demonstrators in front of my office right now in south carolina, that is the case with a lot of other congressional districts across the country. you're dead on. it's a delicate issue. i think that is the train that has left the station. it is going to be dealt with in terms of sequence based on the reconciliation package moving forward. neil: what are they demonstrating against, congressman? not like mcclintock, when he had a hearing, information session in california's district, a lot of protesters showed up. what do they say? what do they do? >> i mean to a degree the kitchen sink. it is everything from immigration ban, what comes next there, is it constitutional, is it not constitutional. all those kind of questions they're throwing into the fray as well as issue of obamacare, guns, go down, again it's a

laundry list, i already heard from that came up just again, a few moments ago, still going on right now back in mount pleasant. neil: do you believe, congressman, whatever happens, for example on tax cuts that they be revenue neutral, that they be paid for? one idea that has come up is border tax that would be enough to pay for whatever you guys want to do. i don't know if you have issue paying for a tax cut a tax hike but your thoughts on that? >> a group of us meeting with kevin brady the ways and means committee chairman. that is something being advanced by the likes of kevin and others. i'm a bit suspicious. you know, it is something that is certainly practiced in about 160 other countries in the form of a vat but, and this is a little bit different than a vat. but, it smells, feels, and many cases is much, much similar.

i mean it is not too far apart. and as such, it represent a hidden tax on the american public and, i think we should be careful about giving in one hand and taking from the other. neil: finally, sir, there is a money manager, big money manager, doesn't normally talk to the press, i will save you a lot of boring details because as you know that's where i live, the gist of his argument that wall street is getting excited about that could be counterproductive. what you think of regulation cuts, tax cuts, they will be having a protectionist tone by the government and protectionist tone by the president and that is never good for stocks. he says watch out. what do you say of that? >> i agree with him. i have reservations on a border adjustment tax. the port in charleston which i represent back home does amazing export and import business. and amazing number of jobs, for instance, just in the local area, much less the state and the southeast are tied to imports and exports.

the bmws that are produced in greenville, south carolina, spartanburg, south carolina, do not stay in south carolina. they go throughout the world. i think this sort of protectionist sentiment that seems to be taking a little bit of a hold would be disasterous in terms of the economy. neil: congressman, thaw very, very much. >> pleasure, we'll go, by the way the money manager who was seth, the 59-year-old investor of the bopas group which has about $30 billion under management and "new york times"s serious concerns about the trump agenda. one money guy but an influential money guy. looks like general kelly, the secretary of homeland security is answering reporters questions on capitol hill. let's take a look. >> i hope it's not but as we go forward on the executive order and the expectation is, again not a lawyer, that gives me a great advantage a lot of times when i think in terms of things, as we go forward the great legal

minds in the administration, the justice department feel as though ultimately the eo will be seen as within the authority of the president. that, we're still going forward though and thinking about these enhanced methods to vet. so, as we go forward, i would see a certain, you know, addition of new procedures, additional procedures, to get at this issue of, particularly in countries that are in chaos, to better vet people coming out of those countries, for that matters refugees. over here, yes. sure. i love colombia. >> people in colombia are very concerned about the -- [inaudible] >> i'm sorry, say again? >> [inaudible]. people in colombia are very concerned about -- [inaudible] s

that true. [inaudible] >> okay. on the first issue, i was called, is this about the additional list? yeah. there is no additional list. i was called by my very good friend, the ambassador to colombia. he is a very good friend. he asked me the question and i said there is not only no list, but if it would help i would be happy to work with the media in colombia to outline what we're doing and the fact that there is no list. and so within an hour i was on the phone with a radio talk show in bogota and the gist of the conversation was there is no list, additional list. >> how about farc. >> about farc? i pray the peace process works. 52 years of insurgency. once based on political ends, certainly in the last 15 or 20

years entirely based on narcotics production and trafficking. i pray that the farc do exactly what they have signed up to do, and that is go and be assimilated into colombian society. if they don't, we know some of them won't. some will stay deeply involved in narcoterrorism, you have a superb army, military backed up by superb federal police and those men and women no know how to deal with the farc. >> one more question, i need to get the secretary out of here. >> if you do lose in the appeal, could you, by chance, rewrite or recast the presidential order or do you want to pursue it to the supreme court as -- >> i think, again, one of the advantages i have i'm not a lawyer. it is my understanding regardless which way it goes this afternoon, the next decision point, regardless how the circuit decides, whoever loses can certainly appeal and that would go to the supreme

court, it is my understanding. and i'm sure either side would request some type after really speedy process. once it goes to the supreme court, that decision will be made ultimately and we, you know, homeland security just we'll wait and see. if we, if the president, if his eo prevails which most people i think realistically think it will, then we'll execute the eo. we'll have to recock things a little bit and implement it. meantime we're doing normal operations at the ports of entry as the men and women do day in, day out, in tune of million a people a day come into the united states. with that i think i will say thank you, and head out to my next series of meetings. take care. thanks ailment. neil: you can see why a lot of people say john kelly is one of the rising stars in this young administration. homeland security secretary, eo,

that constant reference that is the president's executive order banning or limiting those coming to the country from seven known terrorist hot spot countries, he took a bullet for the boss on that one, essentially part of that rolling out too quickly, was to his own department, not acting quickly enough or doing what it should have done, even though many argue it was just the other way around. his department was brought into the loop after the order had been even conjured up. i don't know who is right. i do know that the good general here was taking the blame for any problems that have popped up. the reason why this is in a federal appeals court later today will be argued among three justice. you know the drill on that. they have already questioned whether the president has the power to do that. homeland security secretary saying that he does. this could go all the way to the supreme court of the united states. by the way, there was a quick exchange with a reporter from colombia. you might have heard a reference to farc. that is the known terrorist

group. a guerrilla outfit violently going back and forth with the government for the better part of decade now. they have signed a peace agreement. he is hopeful that the peace agreement approved by people there will be given a chance to work. optimistic for colombians in the peace process. it will. we'll have more after this.

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neil: welcome back, everybody. you just heard from homeland security secretary john kelly

thinks he is optimistic the president's executive order, travel ban, travel limitation, will hold. three justices are going to decide its fate later today. maybe within hours, come up with a decision and a response. robert ray, former whitewater independent counsel. if you ever studied him during those years, amazingly calm, reasoned individual and i don't care whether you're on the left and the right, those are rare caughts in washington period. anyway, very good having you, robert. >> thanks. neil: handicap this for me. you were reminding me, then i heard this, this particular court is often overruled and appealed. why? >> it is the ninth circuit. it includes california. it tends to have more liberal judges. it is hard to know in any given case with regard to government power which way that swings. neil: the one they were weigh something a bush judge. so you never know. >> a panel with a carter appointee, a bush appointee.

the third one, i can't remember who the third one is. three-judge panel will make a call the sounds like the administration doesn't want to, even if they lose, to before anen -- en banc hearing. neil: if this goes against them, proceed not supreme court. >> correct. neil: how soon would be that be. >> would ask emergency stay, at least initial stage by the circuit justice anthony kennedy. that would only hold until such time as full court make as determination issuing a permanent stay pending review by the supreme court. a stay of that order of magnitude would require five votes. so you would have a pretty good sense what the supreme court thought if they issued a stay. to hear the case it would only require four votes. if it's a four vote by four vote resolution, means the ninth circuit's decision would stand. neil: that would stand.

how likely would it be, a court, if he is on the court, would be weighing on this very issue? >> question of how soon the supreme court would hear this. i mean i think they certainly do it before the end of this term. but oral argument would be scheduled. there would probably be applications from the justice department for emergency review which would accelerate things. the supreme court wants to act quickly they can act quickly and could act more quickly than a justice could be confirmed. neil: talking about the powers of a president when he goes too far. the president will argue, the white house has been arguing these are about national security and safety issues. do they make a point? >> i think the supreme court will likely act. not clear which way they will act but likely to act quickly. neil: the administration to that point arguing we're dillydallying at a time terror is alive and well. this is a way of sort of beyond the, erring on the side of protection and that the constitution allows for the president's role in overseeing and protecting that.

do you agree? >> they're arguing the merits of irreparable harm. a lot of attention is given to people who are prevented from entering the country under the executive order and the harm they suffer but the administration has substantial irreparable harm that certain people are let in and there is nothing we could do about it if the order stayed or suspended. that issue will be addressed in the balance of equities. yes the administration has substantial argument, consistent with supreme court precedent going back to 1952. this is the president's prerogative long respected. the power of the office of the presidency and executive power and control as commander-in-chief of the borders to secure the homeland. that is the administration's argument. neil: now i think even secretary kelly was saying this might have been rushed out too quickly. i think most people acknowledged that the at very least, it was speeded up a maybe a bit prematurely. he took the bullet for a lot of problems even though others are pointing out he was brought into

this a little too late. he was personally not happy with that. but having said that, the fact that protections have been made for those with green cards and kind of stuff that usually rankles the technology community, did the president already take care to address those issues? >> well, executive orders can be tinkered with and to the extent they require further attention that can be given but this is a situation where one federal judge is suspending what amount to the president's prerogative with regard to an executive order. that is the legal issue that will be tested. tinkering around the edges is another subject. we'll return to that obviously once we get, resolve the legal question whether or not the president's authority carries the day here. neil: sounds like you have your doubt this is particular panel will stay on side of the president? >> the noises you seem to hearing the administration will likely going to lose at this level. why we may end up seeing supreme court review, particularly if the government does not prevail

in the ninth circuit. neil: other way around the other side would do the same? >> the supreme court has discretion to deny cert which they may well do. in administration loses, united states loses, the supreme court, this is worthy of their attention. neil: very calm read on increasingly-heated emotions on capitol hill. by the way as robert and i were speaking here, we're getting word of large tornadoes touching down in new orleans. we know they're pretty severe. we know the damage has already been considered major. we're on top of it and on top of a white house briefing moments away after this. i don't use super poligrip for hold, because my dentures fit well. before those little pieces would get in between my dentures and my gum and it was uncomfortable. even well fitting dentures let in food particles. just a few dabs of super poligrip free is clinically proven to seal out more food particles

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neil: all right. we are from white house briefing. we're also in the middle of bad weather in new orleans right now. a lot of tornadoes apparently and big ones. connell mcshane, what are you hearing. reporter: a number in the

southern part of the state. houses being torn off the foundations. this is obviously bad stuff as they deal with it there. you look for reports coming in not only of damage as we do see, houses literally being ripped off from where they were but of injuries and we don't have anything yet seeing definitely on injuries you but, at least seven of the homes that have been reported have been damaged. i'm sure it is far more than that. these things as they come in tend to be on the low side and go up. two of the seven homes were completely destroyed. just torn off of -- neil: letting word in louisiana, that sustained at least a significant amount of damage and then the national storm prediction center in norman, oklahoma, separately, 3.27 million people in louisiana, mississippi and alabama, all hit by the same series of severe weather cases. sean spicer right now addressing

reporters. and this weather issue sure enough coming up. >> fema administrator recommendation to approve governor bryant's ask to add public assistance to previously issued major disaster declaration in mississippi. per the governor's request, public assistance added for three counties, forest, lamar and perry. yesterday the president had amazing day at macdill air force base where he met with leaders of special operations command and special command and had lunch with enlisted servicemembers thanking them for the service and hearing ideas on their mind. the president announced his intent to make historical financial investment in the armed forces of the united states, showing the entire world the that america has the back of all those who stand in defense of freedom. as he said many times before, the armed forces are at the very center of our fight against radical islamic terrorism and we must protect those who protect us. the president kicked off with a

list of sheriffs from around the country. national leaders of the sheriff's association and pledged to work with all members of law enforcement to keep america safe. he assured the sheriffs that the trump administration will make every effort to stop drugs and crime flowing into the country. put an end to the opioid epdemmic, secure the borders, keep terrorists out and strengthen the bonds between state, local and federal law enforcement agencies. the sheriff thanks president for what they described his unprecedented support of law enforcement and offered fullbacking of his border and immigration policies. they are encouraged by the pro-law enforcement atmosphere that has swept the country in the wake of president's victory. they also presented a letter on behalf of the national sheriffs' association thanking the president's quote for recent show of support for law enforcement and specifically on immigration and border security issues and commending the two

executive orders for taking significant steps to enhancing public safety. the group engaged in a wide-ranging discussion about issues facing law enforcement which the sheriffs said was an opportunity not given under the previous administration. the sheriffs closed the meeting thanking the president for defending the rule of law. the president took them into the oval office to honor them and show his appreciation for the outstanding work they do keeping our communities safe. a list of attendees is available for those interested. after that the president held a listening session how to best fix the va it is a top priority for this president and administration to insure veterans get the care they need when and where they need it. tragically they are not benefiting from a system that does to the work. the leadership of dr. shulkin creating a culture of accountability that puts our veterans first. the president welcomed to the group to the roosevelt room and the president assured he would take whatever steps are necessary to improve health care

access and quality for our heroic veterans. tiffany smily, the wife of a veteran blinded by an ied detailed her family's difficulty dealing with the va health care system and offered suggestions how it could be improved. the president, va secretary designate dr. shulkin and a group of health care experts and advocates ike perlmutter engaged in a wide-ranging discussion on reforming the va so the needs of veterans come first. the experts discussed private sector solutions innovations could be used to improve the va the president praised the secretary designee for his commitment to veterans and thanked the group willingness to serve and do what is best for our veterans. they plan to meet on regular basis to discuss regular efforts to improve the va and its health care system. this afternoon the vice president had a big day on capitol hill where he cast a historicking vote secretary of education betsy devos. the president believes strongly our nation's success depends on the education of our student,

betsy devos devoted three decades of her time and talent promoting educational opportunity of the as secretary she will insure every student has access to good school, public, private, parochial, charter any other kind. the fact we had to get to the point where the vice president had to be pulled in to overcome the democrats historic and partisan logjam of the president's qualified nominee is another graying reminder of the unprecedented obstruction that senate democrats have engaged in throughout the process. the american people sent a strong message when they elected president trump in november. they are fed up with business as usual in washington. democrats in the senate that voters will remember how they stood in the way of president enacting an agenda that put him into office. last week i noted president had a fair amount of cabinet level appointees awaiting foul vet by the senate. we're looking for more of president's picks for lead agencies and departments to be confirmed despite the childish tack kicks -- tactics in the

senate who would keep the failed status quo rather than allow the president's people to be put in place. yesterday he met with senators tester and feinstein. today he will meet with senators sasse, schumer, crapo and thune. the president is looking forward to a full hearing by for the judge followed by an up and down vote for this incredibly qualified nominee. the president is meeting with congressman jason chaffetz how to work together to enact his reform agenda. later the president will meet with secretary of state rex tillerson. the president was welcomed and pleased to welcome secretary tillerson to the oval office last week. he is pleased the secretary is able to bring his unique skillset and deep insights to the important work of the state department. following discussion with secretary tillerson the president will have calls with president of spain and president erdogan of turkey. we'll have readouts of both of those calls when completed. this evening the president will

host youngsters from the united states army special forces qualification course in the oval office. the president said yesterday the members of the military and families are our nation's heroes. one of his top priorities that the men and women of our armed forces have the tools, equipment, resources they need to execute their mission successfully. the president is looking forward to convey his gratitude and support to these young brave captains. later this evening 6:00 the ninth circuit court will hold arguments per the order yesterday. quickly run down what we can expect to happen tonight. a career attorney from the department of justice will present and argument in defense of the president's order. to be clear, all that is at issue tonight is the hearing is an interim decision whether the president's order is enforced or not until the case is heard on the actual merits of the order. it is a simple status quo versus anti-status quo decision. this is just like the case in boston which started as a temporary retraining order. there once we were able to explain our position the court lifted the order and held that

the president's executive it order could take effect. as i have stated before, 8 u.s. code is 1182 kins the president constitutional authority for the executive order. quote, whenever the president finds entry of any aliens or any class of aliens into the united states would be detrimental to the interests of the united states, 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 which he may deem appropriate. we look forward to a final decision on the merits of this soon. looking ahead i know a few have been asking about more details on prime minister abe's visit later this week. as previously announced he will visit the white house for meetings on the 10th of february. the president invited him down to mara large poe. the two leaders will travel there for the weekend. this is the testament to the importance the united states

places on the bilateral relationship and the alliance and deep economic ties between the united states and japan. needless to say the president is looking very much forward to welcome the new england patriots to the white house to celebrate their fifth world championship t was spectacular game. lastly we have our eyes on kabul following tragic suicide bombing that killed 19 african civilians and wounded 14. general flynn spoke with the afghan national security advisor to affirm our continued support for afghanistan and the strategic partnership. we condemn the cowardly attack in strongest possible terms and commend the afghan security forces for their rapid response. we reaffirm our response to the afghan government as they work to defend their people and against enemies of peace. with that i will take your question. david jackson. >> sean, the list of 78 terrorist attacks, look like it had been prepared well in advance. was that already on hand when president trump made his comment

or did you do it afterwards, why did you release it? >> i think the answer was we had been getting questions what the president's remarks were. we wanted to be very clear there are a lot of examples between 2014 and 2016 that have occurred. many of them haven't gotten attention they have deserved is. it is becoming too often we're seeing these attacks not get spectacular attention that they deserve and i think it undermines the understanding of the threat that we face around this country. the reasons that the president is acting in so many ways that he has with executive order and otherwise, discussions he had at centcom and socom yesterday are because he cares about making sure that we don't have attacks in this country. that we're protected. that we're ahead of the curve. i think what we need to do is remind people the earth is a very dangerous place these days. isis is trying to do us harm. that the president's commitment is to keep this country safe. i think part of this is to make sure the american people are reminded how preeing some of

these attacks are and how much time or attention they have or have not gotten but more importantly to make sure they understand the unwaiving commitment the president has and actions he will take to keep the country safe. >> was the list put together after his comments? >> yes. >> thanks, sean. on the call with turkish president erdogan later today, does he lan to discuss plans for syrian safe zones and does the president expect turkey to create the safe zones. >> we'll have a readout. i don't want to get out ahead of the calls. alexis, "real clear politics." >> you mentioned voters will remember how senators voted on the president's cabinet nominees. two republicans voting against betsy devos. senator collins and murkowski. did the president reach out to either of them and will he not forget what republicans did in that particular nominee situation? >> i think, look, the president's been very clear. it is not republicans that have stood in the way of this nomination of all of these qualified individuals. it has been democrats that have

stalled over and over again, not attending hearings, trying to it use every delay tactic possible. it is those people that have a problem. i think that is the message that the party has missed on the democratic side which, i don't think that, wouldn't paint it with a broad brush. because i think senate democrats frankly haven't gotten the message. >> [inaudible] >> our team has been in contact with the entire senate team to make sure they understand, that they have had visits as requested but we have been in constant contact with the senate. members of the senate. their staffs, our legislative affairs team is having extremely robust schedule of meetings with their teams to make these nominees available to them. but i think the broader issue, again, with all due respect i think it is interesting we're focusing on the votes of two republicans when you look at the spectrum of antics that have gone on in the democrats. the tactics they have done over and over and over again to delay, not show up to hearings. you know, filibuster to the

extent that they can. run the clock out. it is not republicans have a problem, alexis. it is democrat continue to do this. >> has to do with the president's remarks about the affordable care act in his interview on sunday. because he indicated in his response in that interview that he thought that the repeal and replace was going to take longer, perhaps into 2018, can you clarify whether he is frustrated about this, what he is doing about the timing? because of course voters who sent him here were anticipating that this might move faster than he was conveying in the interview? >> i think luckily, you saw speaker ryan's comments earlier today, i think we can have this done legislatively sooner than later. implementation of the pieces may take longer. it's a big, big bill democrats passed. they told us we can read it after we pass it. we do it in responsible way. make sure health care vital to so many americans and their families is preserved while we

put a new system in place that both lowers costs and increases accessibility. but the president i think is very encouraged by the commitment and work that is going on the hill to make sure we get this thing replaced as quickly as possible. fred lucas. fred. >> thanks, sean. >> yeah. >> [inaudible] follow up related to that, speaker ryan has actually said, quoting with the tinker about, with the margins and repair it. it is a collapsing law. do you agree with that? you can't build on authorities there, you have to get rid of the entire law? >> i think we're focused on the end solution. we've been very clear over and over again the president will repeal and replace it. what americans bill get at the end of this is a health care solution that as i have said before over and over again is going to give them a lower cost health solution with more options. that is what they were promised in the first place.

that is what we can give. the president being able to approach this in business-like manner he has done so successfully in the past will insure he negotiates prices. we look at business practices. force competition among states and other things that will help lower costs once and for all and provide the competition. >> on the -- president -- acting treasury secretary in terms of implementing those sanctions. >> they went off without a hitch. fred, i mean john decker. >> thanks a lot, sean. the president spoke over the weekend on twitter and criticized federal judge appointed by george w. bush who imposed nationwide restraining order. called him a so-called judge. is the president, as it relates to the arguments, i know you're confident but the arguments that will be presented this evening is he prepared to accept an adverse really by the ninth circuit court of appeal?

>> no question the president respects the judicial branch and ruling, there is no way, i read off the u.s. code, i don't think there is any other way you can interpret that. that the president has discretion to do what is necessary to keep the country safe. that is his concern frankly right now. when the law is such as it is, anyone could interpret that any other way. i think he feels confident just like in the ruling in boston, that we're going to prevail on merits of the case because it is done so in very lawful way. catherine. >> will the administration take a position on the -- [inaudible]

>> they really missed the message that voters sent this past november. hunter walker. >> thank you, sean. cnn reportedly declined to interview kellyanne conway on sunday because of the questions about her credibility. is the white house willing to offer alternativeto the networks

who refuse to work with specific spokespeople? >> frankly, my understanding is they retracted that, they walked that back or denied it, however you want to put it, i don't care. kellyanne is a very trusted aide of the president, and any characterization otherwise is insulting. i don't think -- if they choose not to work with someone, that's up to them, but we're going to continue to put out key leaders in this administration including kellyanne that can articulate the president's policies and agenda. katie pavlich. >> thanks for the question. president trump -- [inaudible] expedite legislation allowing for the swift firing of bad v.a. employees? >> i think the president's commitment, as you heard both during the campaign is to make sure that we're providing the best care. and if there's things that are an impediment the that care being offered up or reformed, then he is going to make sure we enact policies internally that make sure people who are not