rated three breaking news this morning. immediate -- as the justice department argues to reinstate the travel ban. good morning four. nicole: senator elizabeth warren is banned from speaking the rest of the debate over senator jeff sessions nomination to be attorney general. lauren: investors on earnings in washington policy. time warner, humana and whole foods. u.s. stock futures higher. gallup 20 in the premarket.

investors in the upcoming french election. prime minister abe visit this week. lauren: a state of emergency has seven tornadoes touch down. snow heading to the northeast. the fox forecast for you. nicole: subscriber growth would drag on profits and stock price of right to say. lauren: portland trail blazers pull off a one-point win over the mavericks will tell you about a high school sophomore who scored 92-point in one basketball game. pretty impressive. trade 25:01 a.m. in new york. wednesday from the february. we welcome you to "fbn:am." lauren: three federal appeals court judges whether to keep in place a hold on donald trump's travel plan. the government argued the state cannot challenge the president's executive action.

>> president determine the best course was a temporarycommon a short halt in entry for 90 days while these procedures are looked at and that is understandable. the president comes into office than obligation to protect the national security of our country. lauren: several states insist the order is unconstitutional and the travel ban causes irreparable harm to them. >> your honor, students and faculty at state universities who were stranded overseas come of families separated. longtime residents could not travel to visit their families without knowing that they would be able to come back. we have lost tax revenue. lauren: to panel expected to

make a ruling this week. train to mercedes joining us right now. good morning, mercedes. >> good morning, ladies. nicole: we are glad you're here. how long do you think it would take for an actual ruling and which way do you think it will be decided? >> great question. i don't think the ninth circuit will take more than this more than this week. presumably a ruling for the ninth circuit by friday. how available, honestly it really depends on some of the question. they are hard-hitting and frankly based on the questioning where they were really hard-hitting against states will go back to the judge. ill go back to judge roper, the district court. this is only a temporary ruling that they will send it back to the district court for the permanent ruling on whether they spin is going to be permanently shelved and ultimately will go to the supreme court.

lauren: how likely is it to go up into supreme court? spin it very likely. they are talking about executive powers of the government. if the constitutional issue. those are two things the supreme court, even though they will likely hear it. undoubtedly. true to our wanted to ask you i've heard there are really three ideas here. we'll be saying is he a our nanny. what would be to uphold coming together to reverse and reinstate the japan -- reinstate the ban. there could be a compromise with those visas and green cards can come into the united states and only those who have never been to the united states with the band. have you heard about the third option right now? >> i have heard a have heard of third have heard a third option for have heard a third option for that fact clearly a practical issue that comes up in temporary restraining orders. i've litigated many of them.

we have a ruling by the judge come and sit down with the other side and say we understand you have some concerns. let's put together a compromise while we wait for a final ruling by the u.s. supreme court as to what the powers president has with respect to national security. train to make sure you stay close because this is a number one topic will watch this on the play-by-play. thank you for joining us. paragraph or in. >> thank you for having me. lauren: democratic senator elizabeth war and using late senator ted kennedy's remarks from 1886 to criticize attorney general nominee jeff sessions. >> years, i believe, a disgrace to the justice department and he should withdraw his nomination and resign his position. those were the words of senator ted kennedy and i will stand with senator kennedy and like he

did, i will cast my vote against the nomination of senator sessions. lauren: it's so born was prohibited for speaking from the rest of the debate after debating chambers rose by reading a third world letter by dr. martin luther king's widow. republican senator orrin hatch slamming orrin hatch slamming what senator warner did. >> the fact is we have to treat each other with respect or else this place has devolved into nothing but a jungle. i would truly be a very, very bad thing. trent is a confirmation vote for senator sessions is expected tonight. nicole: president trumps choice has been sworn in. vice president penn for administering the oath of office to someone last night at the white house. the confirmation does not come easily for democrats attempting to derail the nomination of a

longtime advocate for charter schools and voucher funded private schools. fence making u.s. history the first vice president to break a tie vote on a cabinet nomination. nicole: president trouble criticizing for nicole: by permission of cabinet. it is a disgrace to my fellow cabinet is still not in place. the longest such delight in the history of our country. the obstruction by democrats. the president of turkey reiterated their countries close ties from a long-standing relationship and he welcomed turkey site and help in the fight against basis. train to the jakarta access pipeline is getting the green light. the army corps of engineers says it will issue a even needed in order to complete the project. north dakota senator john hope in welcoming the news. >> below the belt way that protects the tribe and everyone else downstream.

i've asked for more federal law-enforcement support for local and state law enforcement. we've gotten more law-enforcement officers and we are working now with the department of homeland security and doj to get additional federal assistance. train to the standing rock sioux tribe says they threaten drinking water and desecrate sacred site. it testified in court. lauren: let's turn to buy there. seven tornadoes roared through parts of southern louisiana. major damage included areas of new orleans devastated by hurricane katrina in 2005. 20 people were injured in the tornadoes. fortunately, no one has died. john bell edwards declared a state of emergency. because of the national guard to help them to help in setting those twisters path was erratic. >> it is amazing how that tornado operated and bounced back and forth across the highway and didn't just pursue a

straight line and then jump over certain structures and land on others. the devastation was unlike any that i have seen before. lauren: unlike any seen before. genesee will give you the today. nicole: president donald trump tweeting about this. our thoughts and prayers are with everyone in the louisiana affected by severe tornadoes. nicole: up on that history should scientist accused of intentionally ignoring conflict in data in a global warming report. a team of scientists led by thomas carl published their port in the journal science in june 2015. the report tried to discredit the idea of the slowdown of global warming. a recently retired scientist said the report ignored major research published in 20 team that showed a smaller increase in global warming from 1898-2012 than any other similar.

over the past 30 to 60 years. nicole: this coupon is a global market action. oil prices weighed on asia. the cost be done half of 1% but we do have games. the nikkei up half of 1%. hang seng in hong kong up hong kong up and the shanghai composite gaining half of a percent. trade to watching what is going on in europe. the in europe. the ones that seem fractionally. caci three quarters 1%. german dax up at quarter of 1%. rio tinto and also santa fe also santa fe both of those things are high this morning. lauren: nasdaq will open an all-time high today. s&p futures have to commit dow futures at 28. nicole: also keeping a keen eye on oil. yesterday we saw a billiton and very over 14 million supposed to only be 2 million. another report at 10:30 a.m. eastern time from the american petroleum it's too. right now 5162.

gold gaining 1 dollar half at 1237 at troy and submits the highest level since november. lauren: problems on espn or played on disney. slipped 3% from year ago missed wall street estimates. espn nonsubscribers in programming costs rose due to a deal with the. on the conference call, ceo bob eiger discussing plans for the launch later this year of a digital direct to consumer sports video service. also saying he will consider staying beyond his previous announce retirement next year. disney shares falling half of 1% in after-hours on news of the latest earnings. nicole: meredith and investor bronson junior reported the incident pursuit of time. "the wall street journal" says he's recently signed a nondisclosure agreement and plans to meet with the senior management in the coming weeks. the group allied also sign a

nondisclosure agreement with the magazine publisher. the sale suffers persistent sites in print, advertising and circulation. trade to homeland security chief john kelley makes his appearance to talk about border security. he was pressed for evidence that terrorists had slipped into the country as refugees. >> we don't have any proof at this point. >> not until the boom. >> donatella? >> not until they blow something up or going to the molecule people. we won't know until then. lauren: cap encourages on that story. you are looking the weather map right now. tornadoes slammed new orleans in a snow storm is heading to the northeast. we've got you covered. we'll be right back. ♪

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nicole: 5:15 a.m. in new york. three-judge panel of the ninth u.s. circuit court of appeals and the lawyer on whether president trumps travel ban was backed by evidence that people from countries close to danger. expected this week. the senate floor was more tense than usual last night. massachumassachu setts senator elizabeth warren was prohibited from speaking from the rest of the debate over senator jeff sessions nomination to be attorney general. mitch mcconnell argued that

weren't violated senate rules for punching the motives of another senator. warned that a 30-year-old letter in which she called sessions a disgrace. we are watching disney shares. you can expect to earnings last quarter but could not keep up with results one year ago. the company's theme parks and movies do it well. espn continues to struggle. dow is up 37 points. the night staff closed with a record and we can see another record today. dow futures at 30, nasdaq futures a day. that is that's happening now. nicole: head of the homeland security department thinks the immigration order will be upheld and the southern wall above the belt. chief intelligence correspondent reports john kelly's first public appearance before lawmakers in his new job.

>> the largest opening of the most in control of part of our border is the southwest border. >> homeland security chief john kelley did not back away from the administration is committed to the wall and travel ban. >> americans must feel safe to walk down the street, go to the mall or in a club anywhere in every time. >> lawmakers passed a young mother son customs and border control agents because a physical law is necessary. >> isamu told you we 82,000-mile long built along the order? some are too ragged to put a wall. >> taken some blame for the rollout, kelley said the seven mostly muslim nations are either not cooperating or can't provide reliable intelligence. >> are the last number of years, and the vetting is at best loose in the amount of information you take some of these countries

that are really failed states. >> the positive it's time to enhance security checks to stop terrorist from using our immigration system is a trojan horse. >> republicans and democrats pushed for evidence. >> you don't have any proof at this point? >> not until the boom. not until they blow something up or go into a molecule people. we won't know until then. >> is a new sheriff in town. >> president trump reinforced his message they posting many friend security states. >> i sat in his room in this chair and i was bleeding. i was begging for help. it was 180 degrees in the previous administration. we are very proud to have u.s. president. >> secretary kelley says is an advocate for screening of the advocates refuse to comply will be blocked.

on the travel ban, kelley said he is confident the administration will prevail in court offering lawmakers no plan need. in washington, catherine harwich, fox news. tree into a state of emergency in louisiana as in louisiana i sat in tornadoes touched down causing major damage. >> parts and everything just collapsed. me and my son from side to side. nicole: janice dean will have the forecast. in sports, the trail blazers with a one-point win and we will tell you about one high school sophomore who scored 92 points in one basketball game. welcome to transcend them, your first look at morning markets and breaking news. ♪ [ alarm clock beeping ]

weather. ♪ [ laughter ]

cartoons. wait for it. [ cat screech ] [ laughter ] ♪ [ screaming ] [ laughter ] make everyday awesome with the power of xfinity x1... hi grandma! and the fastest internet. [ girl screaming ] [ laughter ] nicole: welcome back at a look at the latest from the world of sports. an old-fashioned shootout in dallas between the mavericks and trail blazers. 50 seconds left. the whiskey catches the pass. he drained a friend of three, waiting for some video see you can check this out. the blazers with the basket is well painted income that drew the foul, trail blazers are up to an hour 10 seconds left.

he was not on the wane. i'm telling you this. no hesitation. just like old times or that 38 grill. four seconds left. the final 30 seconds. portland lime outline. 114-113. nicole: if you are ucla basketball fan, you'll love this. a south florida attorney announced his plan college ball for the poor in spirit the peak of what he's capable of. that's what he calls himself on twitter. he scored 92 points for 41 points in the fourth quarter alone. allah says. what a family.

over the hockey, shootout in pittsburgh between the flames and penguins. matt murray with a murray with the one true measure of. for the tie and had supposed. the flames win not one. nicole: a lot of letter to talk about. a powerful storm to hit the northeast with heavy snow could cause dangerous travel conditions in major cities including new york city, philadelphia and boston. straight to janice didn't live in the fox rutgers center with the latest. one is expected to head? >> tonight overnighted into tomorrow. if you live across philadelphia, new york city as well as austin, they'll probably have some snow days. a lot of kids staying home tomorrow. this is a quick mover. the worst comes overnight tonight. when the rush hours at its worst. 5:00 a.m., 7:00 a.m. 29:00 a.m.

the last throughout the afternoon but it should be out of here by tomorrow night. it is going to dump a lot of snow and the holocaust the major travel issues for the airlines had been on the roadway. be prepared because civil conflict and of the last throughout the rush hour. is your forecast total spread of widespread amount is six to 10 inches for millions of people. again, school closures, delays, cancellations at the airport. i-95 corridor is a mess this time tomorrow. nicole: coming up from the court ruling on the temporary immigration travel ban after arguments it made last night. the white house is confident it will prevail in keeping the ban. >> he feels confident just like in the ruling in boston. it's a very lawful way.

nicole: you are watching "fbn:am," your first look at morning markets and breaking news. ♪ bp engineers use underwater robots, so they can keep watch over operations below the sea, even from thousands of feet above. because safety is never being satisfied. and always working to be better. afoot and light-hearted i take to the open road. healthy, free, the world before me, the long brown path before me leading wherever i choose. the east and the west are mine. the north and the south are mine.

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nicole: breaking news this morning. the media measure of trumps immigration ban in the hand of three judges. california appeals court has the justice department argued to reinstate the travel ban. good morning. i am nicole petallides. lauren: good morning. i am trained for. fireworks as elizabeth warren is banned from speaking the rest of the debate over senator jeff sessions nomination to the attorney general. trans investors focus on earnings in washington policy. time warner, humana, whole foods. stock market futures after nasdaq record close yesterday. dow futures of 24. s&p futures up on.

investors watch polls in the upcoming french election of prime minister abe says that to washington this week. >> state of emergency in louisiana at 77 tornadoes touched down. meanwhile, snow had in a minority spirit will have forecast for you. lauren: at espn trackside profits at disney's stock prices lower, too. nicole: trailblazers pull off a one-point win over dallas mavericks. we will tell you about one high school sophomore who scored 92 points in one single basketball game. lauren: congratulations to him. wednesday, february 8th. welcome to "fbn:am," your first look at morning markets and breaking news. nicole: breaking news this morning. three federal appeals court judge is set to decide whether to keep in place a hold entrance travel ban. the federal government argues that states cannot challenge the

president's executive action. >> the president determined there was a real risk. that's why the best course was a temporary, and a short halt in entry for 90 days while these procedures are looked at. that's understandable. the president comes into office an obligation to protect the national security of our country. nicole: several states and this theater is unconstitutional and said the travel ban causes irreparable harm to them. >> your honor, students and faculty at state universities. families were separated. we had longtime residents who could not travel overseas without knowing they would be able to come back. we have lost tax revenue. nicole: spokesman for the ninth court of appeals said the panel

make a ruling later this week. lauren: said parents joining us right now. managing partner of business law firm. good morning to you, sad. i want to point out this is the most liberal court in the ninth circuit. one republican into democrats. does the president had legal authority in the executive order under the states able to prove that the administration was targeting muslims here? >> that is exactly right. we are really an historic moment in the process in terms of a constitutional moment because we litigate nothing less than the constitutional authority of the president to make certain determination that relate directly to national security. we can debate about whether or not factually there is a basis or not for it and i know it's a controversial political issue. lately the president has the already under article ii of the constitution and we are are in unique historic moment because

two circuits are battling through and we saw this hearing last night in the ninth circuit. i bet it was an interesting hearing to listen in on. a justice department attorney got lost in the process unfold from the substance initiative argued more on the substance for the national security and president authority. it will be interesting to see we should have a decision within the next few days. nicole: could be sooner than later. we'll see. do you buy the argument caused irreparable harm to the state? >> great question. that became a much bigger deal than the hearing that i thought it would. i think the argument is pretty attenuated. where state universities can mitigate against the united states every time they feel they're some kind of a disruptive process that were never going to get unwrapped from the axle.

i think that issue is pretty attenuated. that's an argument the ninth circuit is having a hard time i'd whereas in the boston case in the first circuit is headed in the opposite direction. we may see a situation where we can have a conflict between the east coast and west coast on these kinds of core issues. trade through the restraining order could not be appealed. the states like the standing to bring this case that the restraining order was improperly issued by the court and was properly issued by the lower court. out of those four outcomes, where do you see this going? >> well, in the short term the government's going to lose. it will be a two to one split between party lines with the two democratic appointees are going back to the district court for further proceedings. the short-term loss for the administration, but in the long term we are going to see the constitutional party of the president supported because at the end of the day this is

something supported by the constitution and the immigration code which supports the seven nations of concern. he didn't create it. lauren: okay. managing partner of business law. thank you for your time this morning. >> you bet. nicole: fireworks on the senate core. elizabeth rainey's intent kennedy's remarks from 1986 to criticize attorney general nominee jeff sessions. >> ps i believe a disgrace to the justice department and he should withdraw his nomination and resigned his position. those were the words of senator ted kennedy and i will stand with senator kennedy and flaky dead, i will cast my vote against the nomination of senator sessions. nicole: senator warren is also prohibited from speaking for the rest of the debate after

violating the chamber's arcane rules by reading a 30-year-old letter from dr. mark luther king's widow. republican senator orrin hatch sending with senator warren did. >> the fact is we have to treat each other with respect. that would truly be a very, very bad thing. >> confirmation that expected tonight. nicole: president trenchers for for education secretary was sworn in. vice president mike pence administered the oath of office last night at the white house. the senate confirmation did not come easily. democrats attempting to derail her nomination. she's been a longtime advocate for charter school is in private education. mike pence making u.s. history for being the first vp to break a tie vote on a cabinet nomination. nicole: meanwhile, trump

criticizing democrats on twitter for trying to block the formation of his cabinet. trump saying it is a disgrace that my whole cabinet is still not in place. the longest such delay in the history of our country. obstruction by democrats. last night the president spoke by telephone with the president of turkey. he re-occurring at the long-standing relationship and welcomed turkey's help in the fight against basis. lauren: work on the dakota access pipeline. it will issue an easement needed to complete the project. north dakota senator john hogan welcoming the news. >> you will be built in way that protects the tribe and everyone else downstream. the help and support. we've gotten more law enforcement officers and working out the department of homeland security in doj to get additional federal assistance.

and it could desecrate their sites. at past decided in court. the major damage included new orleans that were devastated by hurricane katrina back in 2005. louisiana governor john bell edwards declared a state of emergency and called in the national guard to help. he said new orleans twisters packed was erratic. >> it is amazing how the tornado operated in a bounced back and forth across the highway and didn't just pursue a straight line. it would jump over structures in the end another's. to wit at the devastation was unlike any that i have seen before. nicole: president trump tweeted our thoughts and prayers are with everyone in southeastern louisiana affected by severe

tornadoes. lauren: a blogger in maryland has sheltered a substantial sum of money to mama mia tron. it was paid as a settlement for a defamation lawsuit. he posted an article containing unsubstantiated theme that the first lady once worked as an escort. this is translators do not say how much the 71-year-old blogger paid her. she's also suing the daily mail's website for reporting on these escort rumors. nicole: let's get caught up in the global market action overnight. in asia, korea kospi was done half of a percent, but the rest of across the board but we did in the states yesterday. china a path of 1% of the japan half of 1%. lauren: then see how stocks are trading. the ftse in london, caci 28 in france and the dax up 20

germany. nicole: record for the nasdaq composite. dow and s&p not too far off. again yesterday. dow futures today looking higher by 20. s&p futures one. a slew of earnings as well to watch. falling to three-week lows today. we got a report yesterday. a lot of oil that continues to build despite production cuts from opec and non-opec countries. oil done another 1%. gold of two bugs. trained to do but over 2015. problem that espn continued to ramble disney. revenue for the latest court said 3% from year ago missing the estimates. that was all due to an expensive deal with the nba. on the conference call with analysts, ceo bob eiger did discuss plans later this year as

a digital direct to consumer sports video service. also saying he would consider staying beyond his previously announced retirement in 2018. half of 1% in extended trading. could weigh on the dow. lauren: coming up, other stocks to watch including buffalo wild wings. we will tell you why. tornadoes slamming the borland in a snowstorm heading right here to the northeast overnight. we've got you covered and so does janice dean coming up with their latest forecast. you are watching "fbn:am," your first look at morning markets and breaking news. 5:42 in the east. ♪

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lauren: good morning. 45 pass the hour. federal appeals court scrutinizing president trump's travel ban pit a three-judge panel manipulate circuit court of appeals. pressing the government lawyer and whether the administration's national security argument with evidence that people from seven mostly muslim countries pose a danger. a ruling is expected this week. we will keep you posted. meanwhile, more dramatic than usual last night because massachusetts senator elizabeth warren was riveted from taking the rest of the debate over jeff sessions nomination to be attorney general.

mitch mcconnell argued warrant violated senate rules by criticizing the motive of another senator. the drama all began when warren redick 30-year-old letter in which he questions the character. in the markets we are watching shares of disney. the dow component reported better-than-expected earnings for the last quarter but could not keep up with results from a year ago. disney's theme parks however in this movies are doing well. espn continues to struggle. after the markets overall looking higher this morning. nasdaq will open at a record high. dow futures up 18. nicole. nicole: here's a look at headlines in today's edition of "the wall street journal." bad news for farmers. calling for a fourth straight year. the journal says income will drop by 8.7% this year amid a deep slump in prices. workers are set to strike at the

world's largest compromise the workers at bullets and are expected to strike today. driving up prices on shortage at the middle of next week patients that could trigger strikes that other minds. goldman sachs was something about that this morning. twitter targets returning its ongoing fight against online harassment. the social network cutting visibility of low quality and keeping tabs on band treated to one of the stocks to watch today. falling dramatically about 6% rate now in the premarket after sales of the company's hepatitis drugs plunged in the latest quarter compared to a year ago. the drug sales will continue to fall prompting a disappointing forecast for 27 team. different story for panera bread

good stock rallied 2.5% after the company expects sales to pick up this year due at part 2 café upgrade and higher prices. you might've noticed. shares of buffalo wild wings tumbling over 4.5%. sales declined for the fourth quarter in a row and the company issued a gloomy outlook for the current fiscal year. those are the stocks we are watching, nicole. nicole: a state of emergency as seven tornadoes touched down causing major damage. >> we got in the hall and that is when everything collapsed. tossing the msn from side to side. nicole: janis ian will have the weather forecast. lauren: sports, portland trail blazers at the victor of the dallas mavericks. trained to be italia belmont high school sophomore who scored 92 points in one single basketball game.

you are watching and "fbn:am," your first look at morning markets and breaking news. and snow is on the way. ♪ narrator: the best place to find adventure...

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lauren: the mavericks and the trail blazers. 60 seconds flat. catches the pass in trans with 20 seconds on the clock. attacking the basket from the bank said draws the trail blazers up to 10 seconds left. again on the wing.

another clutch three. shoes with no hesitation. just like old times for the 38-year-old. four seconds left. sponsored offenders. he throws up the floater six lead changes in the final 38 seconds. in houston, james harding going for her is straight game as the rockets face the magic. going back to work. he lost it for the flash. then harding just open up the screen and drains at. he passes over his head for the triple. 128-104. you're going to love this one. he will play college ball for the bruins amassed that he gave a peek of what he's capable of.

92 points with 41 in the fourth quarter alone. his big brother is already a star at ucla. runs in the family. also will attend ucla next year. matt murray for the 10 b. the tire hits the post and the flames win it. nicole: a powerful storm set to hit the northeast has been heavy snow could cause dangerous travel conditions in major cities including right here in new york city, philadelphia, boston. no one knows this better than janice dean live in the fox weather center, telling us what to prepare for.

>> if you live along the i-95 corridor, be prepared for cancellations, delays, school closures. the worst of the storm coming under pressure to borrow under pressure at our morning blasting throughout the day and bring a spot for six to 10 inches of snow. historically are talking about is now across the ohio valley towards the atlantic. believe it or not come as 60 degrees in new york city and drop like a rock 30 degrees as the starter approaches. the lady madge get in and around four to 5:00 a.m. from philadelphia. and on rain event will switch over quickly to announce no event that will perhaps get a lot of people off guard. that is why i'm warning you now. be prepared for a big event started her enterprise rush hour. allies sought the six to 10 inches. some areas like massachusetts could receive upwards of a foot. it's going to be a relatively quick burger double down the lot of snow on a short period of time and that could cause crippling effects along the big cities. millions of people affect the winter storm warnings from last year at this time.

that to you. nicole: everybody be prepared. a famous dictionary finally giving the data mistake to bench watching television. you are watching "fbn:am." ♪

>> phase bomb. >> photo bob. is there some words. webster has added to its online dictionary. how about throwing shade. in director subtle insults. ghosting, when you cut off contact with someone, like someone you went on a date with. save space, it is intended to be free of bias conflict and criticism. in some and some of us, all of us has done. in front of your television watching and iraq episodes of the tv series at once. >> the last in the dictionary updated its website and print edition was back in 2014 when it added over 150 words. so now we are all caught up, maria.

maria: we are all caught up. i like to do worse. good morning to you. happy wednesday. thank you for joining us. i maria bartiromo. it is wednesday, february 8th. a fiery night on capitol hill to tell you about. railing against colic and attorney general nominee jeff sessions as part of the democrat efforts to delay the confirmation vote. >> mr. sessions is a throwback to a shameful era, which i know both black and white americans thought within our past. it is inconceivable to me that a person of this attitude is qualified to be a u.s. attorney, let alone a u.s. federal judge. maria: her plan backfiring. she was forced to start speaking after breaking senate rules. three judges grill in layers on the president's executive order