card that lingers out there. you never know but that has been the cause the last couple times. [closing bell rings] liz: not russia but china. here we go for the nasdaq. it is a record. you can thing names like akamai, netflix and autodesk, the big percentage leaders. dow, not so much. still 87 points above dow 20,000. here is david and medical list. melissa: stocks hitting new highs. only the nasdaq manageses to close at a new record. i'm melissa francis is i'm david asman. we're so glad you can join us this is "after the bell" and we have you covered on the big market movers but here is what is new this hour. high-stakes showdown on immigration continues n less than two hours an appeals court hears arguments from both sides in the legal challenge to president trump's executive order. the white house insisting when it comes to keeping americans safe the president has the power to decide who can and can not enter the country. multiple tornadoes touching

down, wreaking havoc in new orleans. the state's governor is set to address reporters any moment. fox business will bring you the headlines. disney's earnings report is imminent. we're breaking down espn's problems. with conservatives and why that may be hitting mickey's bottom line. melissa: dow hitting new all-time high, not with a new record close. the index is up 10% since president trump's election. lori rothman on the floor of the new york stock exchange. go ahead. what do you see down there? >> hi, melissa, it was so exciting earlier in the day but the dow faded. nasdaq closed up at a new lifetime high. uncapping the dow, look at winners today. boeing up 1 1/2%. ibm, apple, walmart stores up 3/4 of 1%. nasdaq hitting a record high. a lot of names enjoying lifetime highs. nasdaq with up 2%. highest.

nvidia, autodesk, t-mobile, t-mobile only one on the list not hitting a new record today. talk about michael kors. what a disappointment. more evidence of the brick-and-mortar breakdown. shares broke down 11%. disappointing earnings. analysts asking whether or not kors will have to close stores. this comes on the heals very recently, macy's may look to sell itself. ralph lauren closing a bunch of stores throughout the country. it's a tough environment. i said this earlier to you guys. we're experiencing a global cultural shift the way we do our shopping. guys, back to you. melissa: lori, thank you. david: one reason why markets may be taking a little pause right now, comments like the following from republican house leader kevin mccarthy on "mornings with maria" earlier. take a listen. >> no, no, nothing is being pushed out. we have a 200-day plan. there is a structure and a method to this. we're moving on to repealing and

replacing obamacare. that is moving this month and next month. then you go into tax reform. after you have done health care it changeses the baseline. you can expand where you do tax reform. david: a classic mealy-mouthed response on tax cuts from a very establishment republican if there ever was one. maybe too much to say that markets are slowing down just because of republican foot-dragging on tax cuts. but does anyone doubt that markets would pop a lot vuonger if republicans committed themselves to immediate across the board tax cuts for individuals and corporations? let's bring in today's panel. former massachusetts senator and fox news contributor scott brown, kevin kelly, recon capital partners. dan, i don't know who said it, god made republicans to cut taxes. >> you said it. david: what is the problem this time? >> as kevin mccarthy started to get technical on you, david, talking about the baseline --

david: that was foot-dragging clearly. >> well, you know, the republicans are worried about how big of a hole, i know you hate to hear about this, how big of a hole the tax bill might punch in the deficit and the reality is there are deficit hawks in the house and in the senate who will not sign on to a tax bill unless that hole is closed. they're hoping to get some of the hole closed by reducing outlays on obamacare. david: scott, these pencil pushing republicans have always been wrong. every time there is major tax cut for individuals and corporation the economy has boomed. the stock market has gone up, actually whether democrat or republican. jfk did it too. >> ronald reagan did it obviously and jfk as you referenced. here is the issue. you have a situation now with the president doesn't even have a full cabinet. the treasury secretary hasn't even been confirmed. david: that's true. >> how will we do all the amazing things when we don't have leadership? i think it is abhorrent that the democrats don't push through

these cabinet secretaries so the president can get his agenda moved forward. he is doing anything and everything he can do with the cards he is being dealt. number one. number two, people want to find pay fors. i think there are plenty of pay-fors. repealing and replacing getting ridded of 18 new taxes in obamacare. took eight years to get this point, david. you have to give the guy a couple weeks. david: economy is slowing down, kevin, and one thing we know for sure, if we had major tax cuts right now the economy and the markets would be popping, wouldn't they? >> yeah, and the biggest issue here it is not a partisan issue actually. you had president barack obama's budget reduced taxes. hillary clinton was talking about reducing taxes on the corporate side as well. it was a big push. so something you could get done quickly, easily and nothing would get polarized to the effect of a lot of other policies they're trying to do right now. you could have got it done quick, fast, that is what the

market wanted. you had donald trump surrogates talking about having this done immediately and fast. now we're on 200 day plan. it could be a 2018 story right now. melissa: no, no. >> that is issue markets are having. melissa: not 2018. here we go again. goldman sachs economist issuing a new warning about the trump economy. how quickly they forget the epic failures of the past market predictors. fist "politico" saying a trump win would sink stocks. remember that? mit professor in full panic, trump win likely to cause stock market crash and plunge world into recession. well-known clinton donor, citigroup, felt the need to weigh in. trump win would cause immediate stock drop. wrong. we absolutely refuse not to let you forget about nobel prize-winning columnist. paul krugman claim. david: never. melissa: when will markets recover, the answer is never, never.

that is what krugman said. he is no smart. scott brown, what do you think of all this prognosticating? >> that is exactly that. you have no offense, i looked at my portfolio before president trump got elected and what it is at now. my apple stock alone, up to over $130 a share which is incredible. great dividend and the like. it is exactly what you say, melissa. we have an opportunity really to, i think it's a combination of -- melissa: we have earnings out. i hate to cut you off. i'm so sorry about that but we've got to go to ashley webster right now. we have disney reporting first quarter results. ashley: we do indeed, melissa. get right to it. earnings per share coming in at a buck 55. that beats the estimate of 1.49 but a miss on revenue, coming in at 14.78 billion. the estimate was for 15.26 billion. a miss there. the stock down more than 2% last hour. going through individual units,

media, networks coming in at 6.23 billion. that is a miss. disney saying decrease at espn due to higher programing costs and lowered a revenue partially offset some of that. but that is a big reason why the cable operating income is down. we're trying to get some actual numbers on subscriber growth. and lives were saying if it grew anything from 4% and up, that woulbeonsided good. do not have the number yet. clearly the problems at espn that have been going on, really peaked about 12 years ago at espn. it has been an on going problem for disney. there you go, beat on earnings side. a miss on revenue. the stock moving lower. melissa: ashley, thank you. kevin, let me ask you quickly. the props at espn are not new. yet they would still missed on the revenue side pretty significantly, 14.78, versus 15.26. i mean it is not a surprise what is going on over there. how do they still miss? >> they're trying to address these issues, and they recently

bought actually a video streaming company called bam tech. we know espn has benefited from one of the most defensible parts of video content and that is live sport. so for that to keep missing, and for them to not be able to turn it around, it is a big concern. so you have got four years of espn subscribers declines. so that's a big issue. they're trying to remedy it with video streaming content with bamtech but not helping out. melissa: john freeman, media journalist. professor at stoneybrook university. thanks for joining us. >> sure. melissa: bob iger we're hearing again may extend his tenure. this is a story that continues to unfold in this fashion. hard for me to imagine that he is really going to step down. are there other folks in line for succession? what would it mean to them if he didn't and what is your bet. >> always have people in line at disney. it is a very important job and a great job. iger and wall street get along

very well. wall street trusts bob iger. they like bob iger. would not want to see him go very likely. melissa: right. >> taking his place is a very big job and very big task. i don't know who could take his job that wall street would like so much. melissa: absolutely, kevin. what would it mean for the stock if he did pass the baton? >> yeah. it's been expected, this is the third time he has gone through this so the biggest issue, why can't they find somebody? these are a lot of his lieutenants, he is supposed to know them intimately. they can't trust them to take over his job but they can work for him? a problem that company like disney can't find talent. that is really disheartening. i don't think you can continuously have this, have a ceo in place. this is the third time he won't pass the baton. you have seen a lot of talent leave over the years. david: i want to talk about espn for a second. i want to bring dan henninger back into this conversation. dan, there are reasonable people

talking about liberal bias at espn. looking at things like they were stumping for "black lives matter" for a while. they were pushing gun control, praising kaepernick's taking a knee on "the star-spangled banner." they fired curt schilling for his comments on radical islam. they had one of these ombudsman, and outside twice took a look at it, he found liberal bias. quoting one of the employees there, if you're republican or conservative you feel the need to talk in whispers. now is this translating into the homes? is it feeding through the television screen? >> well to some extent it probably is, david. the colin kaepernick situation cost them heavily at the beginning of the nfl season but you know, espn, talk about cable cutting as we are hearing earlier, there is huge cultural transformation going on driven by digital technology. it is hurting brick-and-mortar stores. it is hurting traditional cable

channels like espn. disney decided not to change horses in the middle of the stream with bog iger. it is such a volatile economy. we're so hopeful about trump getting some of these burdennens off the economy so these individuals have the freedom to adjust to the new economy. david: let me go back to john friedman. john, is it a matter of editorial content or technology that is hurting espn? >> it is both, plus there is no buzz anymore at espn. not a very exciting brand anymore like mtv. been around for three or four decades. '79. what is the excitement anymore? "sportscenter," can see on the phone, who won the game, who scored a touchdown, watch on my phone. there is no big. it's a big problem. david: kevin, what do you think about that, there is lot of editorial problem at espn, but there is technical issue about the cord cutters. >> one of the reasons people feeling this liberal bending, you have talk shows throughout the day people are talking not

only on espn tv but on radio, so they're talk r discussing a lot of political issues. vis-a-vis through a lot of actions sports players taking, talking about colin kaepernick. lebron james was a person didn't want to stay at trump hotels. you had a bunch of former players and panelists opining on the political climate. there was a liberal bent happening. it played through on espn and also on abc, during a lot of their prime time coverage. david: dan, it is the trump era, face it. trump is not shy pointing his finger at people he thinks are biased one way or the other. >> he will call people out. but as you're suggesting, david. people have alternatives now. they do not have to simply sit and take it, watch the same programs. they can go other places. and trump was the biggest alternative of them all. that's where we are right now. david: kevin, dan, john, thanks a lot. melissa: so all about the blockbusters. hear to weigh in on disney's box office success and failures, kevin mccarthy, film critic

and fox news contributor. kevin, some names that jump out, dr. strange, mana, are there things in pipeline. >> dr. strange and mana, "rogue one," made a lot of money. moana did $554 million worldwide. "rogue one" did one billion dollars worldwide which is absolutely massive. moana was at 554 million. froze made 1.2 billion. it was very big success. those three films were massive. including, dr. strange marvel universe film not a lot of people knew about. it made 675 million worldwide.

"rogue one" was a, episode 7 made $2 billion. i think episode 8 will have much bigger box office. melissa: kevin, one of the films they have coming up "pirates of the caribbean" 5? are you kidding me? i can't believe there is more in the franchise. is it tired or is there appetite for that? >> that is the problem with movies. i love cinema more than everything in the world. things making a lot of money are continued franchises. you mentioned "pirates of the caribbean" 5. the thirst four made $3.7 billion worldwide at the box office. why not continue making these. coming up in this year, you have beauty and the beast, tracking insanely high. "guardians of the galaxy" 2. first one made $773 million that one crush that number. star wards episode 8 coming out in december, that has $7.7 billion worldwide at box office. disney is the main studio right

now in the entire marketplace. melissa: last of the jed die. that is such a good deal. what think paid for franchise. seemed crazy at the time. what a blockbuster. david: i agree about pirates. >> wonderful being on your show. david: that looks tired. johnny depp, he started looking tired. melissa: that is true. he is supposed to be a haggard pirate. maybe it works. i don't know. david: we have serious news from the south. violent storms hitting louisiana, multiple tornadoes touching down as severe weather causing widespread damage across the state. the latest on that storm's path coming up. melissa: obstruction by the democrats in the nation's capitol. the vice president catsing a historic tie-breaking vote to confirm the new education secretary. democrats are preparing for two new targets. david: we have a rarity for you today inside of the beltway. a meer of the president's cabinet taking full responbility for controversial decision. when has that happened last? coming up, four-star general

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including depreciation. 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. david: very busy day for the commander-in-chief. president trump speaking with the president of turkey in the oval office capping off a packed schedule. blake burman keeping up with the president. he is doing a damn good job of it if i do say so at the white house. blake. reporter: david, i appreciate it. a lot of potential repercussions on phone call, i believe that is underway with the president of turkey. president trump, of course, repercussions with nato and syria. here at the white house, rex tillerson, secretary of state is

here meeting with the president, did so earlier. we believe that is the reason why he is here. that is, president met with jason chaffetz. president of the house oversight committee. president talked about cutting waste, fraud and abuse. it would be chaffetz eventually and his committee would oversee congressional investigations, into the cutting of waste fraud and abuse. the big story though, here at the white house throughout the day, what is about to take place, about 3,000 miles to the west out in california, at the ninth circuit court of appeals. the hearing that is take place there about an hour 1/2, relating to the president's executive order on extreme vetting. earlier today, but the president made his case for that extreme vetting order to be kept in place. let's listen. >> you take all of the different people pouring -- if you remember, isis said, we are going to infiltrate the united states and other countries

through the migration. and then we're not allowed to be tough on the people coming in? explain that one. reporter: david, that hearing will take place for about an hour. 30 minutes of arguments on each side. it will be a telephone hearing because all the parties are scattered across the country. we expect a ruling at some point either tonight or the upcoming days. all of this potentially could make its way back here to d.c. to the highest court in the land. david: an historic moment today as has been for most of the days since the inauguration. blake, thank you very much. melissa. melissa: the legal showdown over the president's immigration ban. lawmakers asking john kelly about the security ban and why the white house believes it is important to keep national security. reiterating his support for law enforcement next.

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david: we're looking for the decision on trump's executive order. we'll bring you latest what happens live so you don't go anywhere else. turning to capitol hill, homeland security secretary john kelly testified before congress for the first time ever on the immigration ban. catherine herridge is standing by with more on that hearing. catherine? reporter: thank you, david. secretary kelly dismissed media reports as many as a dozen countries would be added to the travel ban. he emphasized that the seven predominantly muslim nations are either not cooperating or just can't provide reliable intelligence because their governments have failed. kelly's bottom line is that u.s. citizens come first. >> americans must feel safe to

walk down the street, go to the mall or to a nightclub anywhere anytime. fear must not become the status quo as it has in some parts of the world. my responsibility and that of the tremendous men and women of the department is to carry out those lawful measures in a manner that best protects the safety of all americans. reporter: kelly was pressed by republicans and democrats for evidence that terrorists have actually gotten into the u.s. as refugees. >> you don't have any proof at this point? >> not until the boom. >> not until what? >> not until they act and blow something up or go into a mall and kill people. so we won't know until then. reporter: secretary kelly did not back away from the commitment to the border wall. they will build in the priority areas first. added some sections will rely on agents and sensors, rather than concrete or fencing. >> maybe places are too rugged

to put a wall and we cover that with patrolling and technology. the gaping wound, the largest opening and the most uncontrolled part of our border is the southwest border. reporter: on court action secretary kelly said they are confident that the administration will prevail and it is worth noting that he offered no plan b at today's hearing, david. david: catherine herridge, thank you very much. >> you're welcome. melissa: here to react to all of that former pinal county sheriff paul babeu. sheriff, thanks so much for joining us. when you listen to that conversation, what do you think about it? there are people on the other side who immediately say, you know when you look at the action and enforcement trying to be put in place that wouldn't have stopped any of the bad things that happened in this country so far. why are we even trying that? what is your response to that. >> that is almost like saying there is really nothing the police can do to stop criminals so why do we have cops. that is as ridiculous as an

argument as that. we've seen what's happened in europe. we've seen the lax processing in thorough vetting, extreme vetting as the president refers to it, led to severe attacks in paris, in germany, in many other places throughout europe. melissa: but they say that is not here. >> we don't want it replicated here. melissa: you hear the argument all day long especially on cable channels. we haven't seen that here. why are we so paranoid it will come here? >> well, i have been to israel and i served as an army officer in iraq and you can see that that is what is to come. all of the intelligence analysts, you've seen our top leaders in the cia, fbi, and our military has been saying we have seen a rapid increase not only in the threat posture but in homegrown attacks that are here. we're going to see, if we have

lax standards and not having very strict processes in place, not just refugees, but anybody who wants to come here, even to travel from these countries which are countries of interest. so it is prudent for us to put those safety measures in place to protect america. we don't want to be scratching our heads trying to figure out, my god, why didn't we take these precautions when we knew this could safeguard us? so we're putting america and our safety first. melissa: let me ask you about some other things from today. president trump meeting with some of the nation's top sheriffs today. white house, president praising law enforcement, emphasizing his commitment to helping law enforcement do their jobs. >> reduce crime, illegal drugs, human trafficking, especially in border counties. a lot of the border counties represented. we're also committed to working with law enforcement to stop terrorist attacks. you've been reading about that

and seeing about that. they want to take a lot of out powers today. melissa: you hear words of support from the president. what would you like to see? what do sheriffs and local law enforcement need from the president? >> all those sheriffs there are my friends, colleagues and i can tell you that it's music to oureers hear a president actually not only say the words, but follow up to meet with sheriffs across the country saying he is going to support us. he is going to re-engage us with 287-g. the partnership with local, county, state, law enforcement to work with our brothers and sisters in i.c.e. and border patrol to enforce i immigration law and track down million plus illegals who are serious criminals. 74% of which of that number have convictions, felony convictions. so this is a new effort for us to, when we're talking about making america safe again, this is what it is about.

melissa: in material sense does that mean engagement? does it mean money? does it mean legislation? what do you need him to physically do to make the connection between i.c.e. and other department. >> opposite of what obama did. he never supported law enforcement. talked law enforcementdown. he suspended 287-g. president trump reimplementing that through executive action and stopping sanctuary cities. david: a man on the border. a man on the line. the beltway battle continuing. another big day on capitol hill as we await swearing-in secretary of education betsy devos. democrats taking sweet time on the confirmation process. melissa: all this as president obama is finding himself in a new hobby, taking part in a kitesurfing battle in the british virgin islands. must be nice. me

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is it keeps the food out. for me before those little pieces would get in between my dentures and my gum and it was uncomfortable. just a few dabs is clinically proven to seal out more food particles. super poligrip is part of my life now. melissa: breaking news right now. we're awaiting swearing-in of education secretary betsy devos. vice president mike pence making history earlier today casting the tie-breaking vote for her confirmation. the trump white house is still far behind other administrations securing confirmation of its cabinet nominees. as you can see president obama be bush, clinton and bush senior, all with many more of these positions locked down by this point.

peter barnes standing by in washington, d.c. with details of how the battle over the confirmation of betsy devos played out. we have four years of this ahead, right? seems like it. reporter: well, the confirmation process does seem to be starting to wrap up perhaps here but the vice president as you mentioned, melissa, having to break a tie vote on cabinet confirmation first time in history on the devos nomination. in part because two republican senators, rather would not support devos, susan collins of maine and lisa murkowski of alaska saying she lacked qualifications. all of the democrats opposing devos mainly for her decades of advocating for charter schools and voucher-funded private schools as alternative to public schools but that is part of the reason why president trump, who favors school choice picked her. >> the fact that 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 glaring reminder of the unprecedented obstruction that senate democrats have engaged in. >> all the we democrats are insisting on is careful, careful, consideration of nominees who we believe almost universally are below par. reporter: nothey have got the nonation of jeff sessions under consideration in the senate for attorney general. and then, shortly after that, we'll see tom price as the hhs secretary. by saturday, steve mnuchin as treasury secretary. so the democrats are definitely using every procedural hurdle they can to slow the process down but it is advancing. slowly but surely. melissa: slowly but surely. peter barnes, thank you. david: very slowly. mitch mcconnell charging that democrats are obstructing the confirmation process. take a listen. >> this level of, obstruction at

the beginning of an administration is really record-setting in a very unfortunate way. it is really time for our friends on the other side to get over the election. let this administration get up and get running. david: they still say friends. here now is bob cusack, editor-in-chief of "the hill." bob, you can't argue with what mitch mcconnell said. you're not being partisan to say what he said is correct because you look at the history. we put it up in the last segment. let's put it up again. by this time in the obama administration they had 12 nominations confirmed by the senate. by this time in george w. bush's administration which was so contentious, 2000 election with al gore, they had more than what obama had. this is not doing much to confirm that the peoples worst instincts about congress. >> yeah. well, i think no doubt about it, david, that those are the

numbers and numbers don't lie, and at the same time the democrats know they don't have the votes. it looks like everyone of trump's nominees for the cabinet is going to get voted on and is going to be approved. and i don't think that sessions is going to need pence's vote. i don't think tom price will need pens's vote. mcconnell is pressing into the weekend. senators don't like staying in washington on the weekend. looks like that will happen. look at democrats who could run in 2020, kirsten gill brand, bernie sanders, rejecting five out of six, if not all six of the nominations that have been up. a couple not cabinet nominations. david: it is extraordinary, pulling back, getting out of the weeds, pulling back do democrats really think it will help them in the way americans view them? i mean they're looking to change their image to become winner they look like losers right now big time. >> they're going to need to come up with a message. we know what donald trump's

message was on campaign trail, make america great again. chuck schumer the minority leader, the message that democrats had failed last year, didn't work. they will have a he would bother economic message. we don't know what the message is next. they have to come up before next election. david: all the messages they're coming out with, missed messages, they're dead wrong or interpreted wrong. for example, saying immigration order is a muslim ban when in fact it is not. it is focusing on seven countytries president obama pointed out leaving alone 40 or so countries mostly muslim. americans understand they are using bad information to criticize trump. >> this is what the democrats said republicans were, obstructionists. this is rare day white house and republicans are saying they are obstructionist. for most part other than this devos vote, republicans stood behind the president's nominees, 95, 98%.

democrats have been divided on some of these picks. david: it is still, does nothing to confirm the image in people's nd that they're not getting their monies worth inside the beltway. bob, gives us a lot to talk about. thank you for coming up. melissa: one bright side. david: melissa. melissa: shares of disney down after following, after-hours following a miss on first quarter revenue. disney reported revenue was down 3%, due in large part to espn and also the studio businesses. the earnings report stated that there was decrease at espn due to higher programing costs and lower advertising revenues especially second one. david: espn is tough. meanwhile dangerous weather rocking parts of the gulf coast. tornado warnings from louisiana to alabama. high winds and twisters slamming the new orleans area. a live update with the latest photos coming right. what if we could stop the next epidemic before it happens?

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david: breaking news. multiple tornadoes barreling through new orleans and areas all around the city, causing major damage in certain areas. there is a press conference scheduled. governor, i believe that is governor john bel edwards with other, edwards is on the left, i think of your screen. if he makes news, we will bring that to you as soon as we can. in fact let's monitor that, while we go to connell mcshane standing by in the newsroom with the very latest on the storm. go ahead, connell. reporter: david, we're watching throughout the day. the news conference was 45 minutes ago, remarkable pictures throughout the day. one headline from the awful day in and around the city of new orleans ere at least three tornadoes touched wn, there are no fatalities associated with the tornadoes. we're watching some of the coverage from fox 8 our local affiliate down there. they are speaking with local ems

officials putting injured number at around two dozen. said the number of injuries reported to be serious and or severe was about six. six of the 24. from what i understand the governor speaking about the national guard moving in. so that is certainly something that has been expected. i know that the ite house press cretary, sean spicer spoke about what is happening down there at the white house briefing earlier in the day today. saying president trump was monitoring everything as well. reaching out to local and state officials throughout the day. you see downed power lines and, in the area about 10,000 people, last update we received were without power as a result of what happened here in new orleans east. getting hit the hardest, just houses completely destroyed, in terms of companies weighing in. we heard from exxonmobil earlier in the baton rouge facility, maybe 80 miles or so out of this area. they said putting what they call their weather preparedness plan in place. these people dealing with

devastation. many people went through katrina a decade ago. many lost everything in terms of their homes again today. no fatalities we know of. injures in the two dozen area. we're waiting for more updates. david: really a miracle. reporter: it is. david: let's pray somebody doesn't die. power lines, overturned cars, roofs blown off of hous, no fatalityies as of yet. we pray for those folks. thank you, connell. melissa: critical moment on capitol hill. homeland security secretary john kelly takingull responsibility for president donald trump's commodity vertsal immigration ban. why general jack keane is calling it refreshing next.

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melissa:reaking news right now. in about an hour, appeals court will hear argument from both sides in the legal challenge to president trump's immigration order. homeland security secretary john kelly is shouldering the blame for the quick rollout of the immigration ban. take a listen to this. >> in retrospect, this is all by me, i should have delayed a bit to talk to members of congress. going forward i would have certainly taken some time to inform the congress and certainly, that is something i will certainly do in the future. melissa: here now is general jack keane, former u.s. army vice chief of staff and fox news military analyst, watched this live as it was happening. you came on live afterwards. that was refreshing to hear him say that. how come?

>> usually what we've been experiencing at least these last eight years for sure cabinet level secretaries when they have a problem in their domain of responsibility they rarely ever admit it. they don't own up to it. here we have secretary kelly who never obviously been secretary of homeland security before, spent life in marine corps, very distinguished career, he did not coordinate with congress and he had to change the executive order three times within 24 hours. he just admitted we could have done better. and it is his responsibility in not doing better. i love the personal accountability aspect of it and obviously the forthrightness of it. i'm excited about this general running secretary of homeland security and being responsible for our homeland security. i just think he is outstanding. struck me as very military point of view. rather than a politician or

people in business or a lot of us in our regular lives, our instinct is to say if this person had done differently i wouldn't have done that. instead he said i own it, i would have done this differently. is that a military outlook how you approach things? >> yeah, pretty much. full disclosure, we put a lot of emphasis on accountability, particularly personal accountability. melissa: yeah. >> we expect the team to feel that way about it. we expect our subordinates. we want to hold our superiors to that standard as well. yeah, it is a part of a culture. i have run into the business world as well since i've been out of the service, best of leaders, they have a problem, they're part of that problem, they own right up to it. melissa: yeah. >> i think it is mostly about good leadership. and regard lis of what culture that good leader is in personal accountability and

responsibility will be part of it. >> for part of the country that voted for donald trump, so much of what they said they were very tired of politicians and business as usual. you didn't live up to what you said. didn't keep campaign promises. didn't accept responsibility. out for yourself and were not trying to do well for the common good. when you said that was really refreshing, it meant maybe we're heading down the road you will make mistakes, especially with people who haven't done this before, but getting out there in front, owning it, committing urself to change and still heading down the road towards your goal but with a better knowledge where you've been we might end up in a better place, no? >> i think definitely, yes. i think that is one of the things driving this certainly is the president deserves some real credit here. he is a decisive person. he is used to getting results of what he does, and he is very impatient about getting those results.

and, now, it is about the united states, its people, taking care of them doing what is right for them. and, even though there has been some mistakes, in the first couple of weeks, you got to give him credit. for doing exactly what he said he was going to do, having a sense of urgency bit, and trying every single day to make a difference. i take my hat off to him for what he is doing. i think we better strap in here. because it is going to be quite a ride. melissa: we got to go. general, thank you for coming on. always appreciate you coming on on. david: love general keane. while the beltway is stuck under a partisan cloud, president obama is out from under the clouds, making most of his free time at a place where there is nothing but sun.

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>> it is a far cry from the turmoil in washington. former president barack obama and his wife michelle spending some time vacationing with billionaire richard branson.

>> posting pictures and videos of barack obama kite surfing on one private island. i think one would be enough, wouldn't you? >> yeah. i think he's laughing at us. >> that does it for us. risk and reward starts right now. >> how many arrests have there been of those seven countries since 9/11? the answer to that is none. liz: turns out the seattle judge blocking president trump's temporary travel restrictions from seven terror hot spots. the judge's wrong. tonight we have the facts. we're just an hour away from the ninth circuit court of appeals deciding the fate of the president's temporary immigration halt. this is a fight that could go all the way up to the supreme court if the trump administration loses. and also this after a 24-hour democrat protest that went on all night. betsy devos will be sworn in this hour as the new education secretary.