>> all right. we're zooming into "varney & company" right now. stuart, take it away. stuart: no, you take it away. [laughter] >> i don't have a motorbike sitting around, anyway. maria, thank you very much indeed. i've got this headline for you, it's become absurd, but it's not funny. the left is still trying to reverse the election results. good morning, everyone. now, the-- on the floor of the senate they're now delaying the confirmation of jeff sessions as attorney general. they've been talking through the night, again, and they plan to to this for every cabinet appointee and it's now the most delayed cabinet in history. in the middle of the night, senator warren called sessions a disgrace.

you're not supposed to get personal and mitch mcconnell banned her for the rest of the debate. now, inside corporate america, the anti-trump band wagon gains ground. at ibm more employees have signed a petition demanding the company stop advising the president. the same thing is happening at disney. in the courts, we're waiting for a decision on the president's temporary travel restriction, at the moment, it's held up, delayed. it can be blocked for a very long time. at least california comes right out and honestly admits it, they'll fight the president on everything from sanctuary city to environmental policy. there you have it. in congress, in the boardroom, in the courts, delay and obstruct. of the left opposes president trump on all fronts. on today's program, president trump's response, no retreat. an investor's response, the trump rally continues. and "varney & company" is about to begin. ♪

>> any moment now, mr. trump, the president, will address a group of law enforcement officers, local county sheriffs from around the country and we expect him to talk about the legal battle over an executive order, and restricting travel from different terror hot spots. we'll take you there when the president starts talking momentarily. the markets appear to be shrugging off the uncertainty we see in washington. we'll open slightly lower, but the dow is holding above the 20,000 level. now, i've got to take you back to the senate last night. elizabeth warren silenced. watch this. >> he is, i believe, a disgrace to the justice department and he should withdrawis nominaon and resign his position. >> you stated that a sitting

senator is a disgrace to the department of justice. >> i call the senator to order under the provisions of rule 19. stuart: and mitch mcconnell silenced her from the debate from here on out. judge napolitano is with us now. that's pure politics, nothing to do with the constitution. >> it has to do with the constitution. there's a clause in the constitution that says each house, representatives and senate, writes its own rules. the rules have to be consistent with the constitution, meaning they can interfere with the free speech of one of their members if they choose to do so. i thought she was out of line disgrace and would have voted against the censure motion. stuart: we turned her into a martyr. >> jeff sessions has thick skin, called a lot worse than a disgrace and will be called a lot worse than that when he's an attorney general, but i understand their so-called rules of civility. stuart: yes, but mitch mcconnell was calling a halt to

this, these constant delays and this constant obstruction. he can shut her down, he did shut her down. >> it not going to-- no good will come from it. there's going to be retaliation when the democrats run the senate. it's a wrong thing to do to silence a senator because you don't like what she said. she was trying to read a speech teddy kennedy had given in 1986 and they didn't want to hear it. stuart: wait till we discuss a little more of senator warren's history. >> i'm familiar with senator warren's history, i'm hardly a faof hers. i disagree with what she says, but will defend to the death, to the death, her right to say it. stuart: and judge napolitano can get a smile. [laughter] >> listen to this, congressman mark meadows says the chair of the house tax writing committee, that is kevin brady, told him that there will be a tax cut before the summer recess in august. roll that very important tape, please.

well, the chairman is truly wanting to move this by the summer. we get out in august. so you've got to actually be moving on that in the very near future. stuart: and i thought apart from that interview he was dog matt mattic, but you'll get a bill to vote on. >> it's incredibly important for investors and business managers. this is something talked about for years. we need comprehensive tax reform, i hope republic don't make perfect the enemy of good. having total reform and total reset of our rules. we need lower rates for businesses and other things, but we need to get it done. stuart: may i say the big deal here is full expensing, as soon as we get that bill and know what's in it and if it includes as i think it will, full expensing, if you spend a million dollars on a computer business that entire is expensed in the year you do it,

we get that, you've set off an avalanche of business investment. liz: that's what you need in the country. ashley: a no-brainer. >> what you really don't want is a hiatus here where people don't go through expenditures or expenses waiting to see. the market would be unhappy. stuart: the market unhappy if it waits until next year. i want to have more on the delay in the courts. we are waiting for the ruling from the 9th circuit court on travel restrictions. president trump is tweeting. if the u.s. does not win this case as it so obviously should, we can never have the security and safety to which we are entitled. politics, exclamation point. now, there's more. listen to judge michelle friedland during court arguments during travel restrictses. she called it a muslim ban while questioning a lawyer from the justice department. watch this.

>> you've been analgizing to-- are you saying that the external evidence alleged the intent to ban muslim was equivalent to that. >> if there was an executive order that prevented the entry of muslims. there would be people standing to challenge that. stuart: it's well-known that i am not a lawyer, the judge is. that's out of bounds. >> much of the questioning was profounding out of bounds. there were questions worse than that. questions like, what studies did the president conduct before he chose his seven countries. does the president know that most people that live in those countries are muslim. those questions are irrelevant, totally irrelevant, to the issue of whether or not the single trial judge can enjoin the president on matters of immigration when a congressional statute clearly says that the president has the upper hand.

stuart: i take your point of e f bounds. what happens if that 9th circuit court of appeals says, no, president trump, you can't do that. >> well, the justice department has two options, one is to ask the full 9th circuit which doesn't meet as all 29 judges because of geographical restrictions, meets in units of ten, another shot before ten judges, the same three or so the supreme court in an emergency appeal. files with justice kennedy, he says no, that's the end of it. he says yes, the others vote. if the 9th circuit rejects it, and he goes to the supreme court, probably a 4-4 tie and keeps in effect what the lower court has. i hope we don't get there. stuart: is it a constitutional crisis if those judges vote

politically on the issue and-- >> i'm sorry to say, they founded last night as if they were going to vote politically. one saving grace is judges sometimes mislead in oral argument what their true thinking is and question most aggresvely theawyer that they're actually going to side with. don't ask me why they dohis, but a lot of them do it. stuart: it sounded like michelle friedland. justice-- >> judge. stuart: judge, was clearly a political judge. >> and i heard questions from the other two, one is a friend of mine, i heard political questions from the other two as well. stuart: president trump is going to be addressing this issue. he's speaking momentarily and he'll talk about it and we'll take you there then. have we got breaking news on this. ashley: there are excerpts kind of been provided by his staff. he goes-- he talks about the need and you know, we have to protect america first. he says whether a child lives

in.detroit, chicago, no one should be punished because of the city where he or she is born. i don't see anything pertaining exactly to his travel restriction issues, but we know that's coming up because it deals with the safety of us all. stuart: it's the side of the case-- >> the excerpt says the sheriff thanked his backing of border security and immigration policy. the sheriffs back him on that. stuart: he'll be speaking at that podium. a meeting from law enforcement around the country and you'll hear the president when he speaks. quick story on walt disney, they reported their money profits after the bell last night. the key story on disney. espn continues to be a drag on the whole ball of wax. ashley: it does. it always comes down to espn because that's their cash cow, that's the area where they get, you know, most of the profits comes from cable networks and a big part from espn.

look the a the numbers, espn has lost 9 million subscribers since 2013. in fact, the number of subscribers peaked in 2005. ever since then, ad revenue is going down and it's a huge drag. the movies are helping to offset that, a couple of "star wars" and forward marvel movies in the pipeline, however, what they do with espn and how to address this loss of revenue and viewership. liz: it's an amazing year for sports, the chicago cubs, the olympics, and black smith anvil and driving down profits. stuart: an anvil. liz: a blacksmith anvil. stuart: and bob iger coming out against the president's travel

restriction. iger was invited to the white house, he did not show up. and rahm emanuel has a message for democrats. take a chill pill, he says. iran's supreme leader taking shots at president trump. they'll take to the streets to protest trump. it's the anniversary of the revolution. and sad news in new orleans, homes levels, two people seriously injured by tornados. more varney in a moment. if yos 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. to avoid long-term injury, get medical help right away for an erection lasting more than four hours. if you have a sudden decrease or loss of hearing or vision, or an allergic reaction, stop taking cialis and get medical help right away.

ask your doctor about cialis.

>> heads upeveryone, moments from now president trump will take to that podium. he's going to be addressing a meeting of law enforcement officials. we know that he's going to talk about the delay in the courts of his travel restrictions. he may also talk about tax cuts. maybe, i don't know that for sure, but maybe. before he speaks, and this is momentarily, i want to bring in congressman chris collins, republican from new york, one of the early, the earliest supporter of president trump. chris, we heard indirectly from kevin brady, chair of the house ways and means committee, yes,

we will get a tax cut bill this summer. you're in congress, you're part of this administration, very close to it. can you reiterate that, that we get a tax cut bill this summer? >> well, i can reiterate, stuart, that our 200-day agenda which takes us up to our august recess, absolutely includes getting tax reform done. now, you know, there's a lot of work to do, a lot of committee work, but it's on the agenda to be done in the first 200 days, which would be just before august, and i heard, i think it was mark meadows earlier talking about the deductibility of the capital. stuart: yes. >> that's certainly in the plan and some people said, what happens if i write off a million dollars and i have a loss. you can carry the loss forward indefinitely, forward, stuart. a company with major capital expenditures could go several years not paying any federal income tax at all and have cash to reinvestor in the growing business. stuart: the bottom line if we

get that tax cutting bill, we can see it. even if it's not yet been signed by the president, the moment you see it, you know you're going to get that full expensing, which will set up a lot of business investment. and individuals know, especially those who run small companies, they know that their individual tax rate is going to come down. so, by making sure that that tax cut bill arrives this year, this summer, you're going to get the boost to the economy and to our own wallets that we've been waiting for. i mean, this is so important for wall street. >> well, stuart, with a 20% corporate top rate versus 35 today and for those people that have the pass through entities, things like subchapter s corporations, which is probably 90% of the company. they're paying at 39.6% and if you add the 3.8% obamacare surcharge. and the maximum subchapter s pass through will be 25%. when you drop rates from 43 to

25, or 35 to 20, that's just going to generate immense job growth and there is our 4% gdp. we have to grow our way to success. grow our way out of the deficit. stuart: the president is taking to the podium. chris, i'm sorry, we're going to interrupt you shall the person coming to the podium and join him as he speaks. >> very good, thanks. stuart: listen in, please. [applaus [applause] >> thank you very much, this is great to be with people i truly feel comfortable with. please sit down. they'll say i didn't get a standing ovation because they never sat down and i say i got one standing ovation because they never sat down, but i want to thank you all. i have great, great love for what you do, and the way you do it, and when i'm with the police chiefs and i'm with the sheriffs of our country and these are the big ones, the really big ones, i just want to thank you very much.

and i thought before i spoke about what we're really here to speak about, i would read something to you because you can be a lawyer or you don't have to be a lawyer, if you're a good student in high school or a bad student in high school, you can understand this and it's really incredible to me that we have a court case that he is going on so long. as you know, in boston, we won it with a highly respected judge and a very strong opinion, but now we're in an area that, let's just say they are interpreting things differently than probably 100% of the people in this room. i'd like to almost know, doe anybody disagree when i read this, but i'm going to read what's in dispute. what's in question, and you'll see this, it's in 8212 f 8 usc

1182-f. suspension of entry or imposition of restrictions by the president. okay. now, this isn't just me, this is for obama, for ronald reagan, for the president, and this was done very, importantly, for security, something you people know more about than all of us. it was done for the security of our nation. the security of our citizens. so that people come in who aren't going to do us harm. and that's why it was done. and it couldn't have been written any more precisely. it's not like, oh, gee, we wish it were written better. it was written beautifully. just listen, here is what it says, this is what they're arguing, whenever the president finds that the entry of any aliens, okay, the entry, the entry of any aliens or of any

class of aliens, so any aliens, any class of aliens, into the united states. so the entry of people into the united states, let's say just to be precise, of aliens into the united states. so, anytime, whenever the president find that the entry of any alien or any class of aliens into the united states would be detrimental to the interests of the united states, all right, so if i find as president that a person or a group of people will be detrimental to the interests of the united states and certainly there's lots of examples that we have, but you shouldn't even have them necessarily, he may be and he may by proclamation

and for such period as he shall deem necessary. now, their only mistake they should have said he or she, but hopefully it won't be a she for at least seven years, and after that -- [applause] >> i just noticed that, saying, whoa, this is not politically correct. it's correct, but it's not politically correct, it's the old days. he may by proclamation and for such period as he shall deem necessary, so, here it is, people coming in. spend the entry of all aliens, all right? that's what it says. it's not like, again, a bad high school student would understand this. anybody would understand this. suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or

impose on the entry of aliens, okay, so you can suspend the aliens, you can suspend the aliens from coming in or impose on the entry of aliens, any restrictions he may deem to be appropriate. okay. so you can suspend, you can put restrictions, you can do whatever you want and this is for the security of the country, which, again, you're the chiefs, you're the sheriffs, you understand this. and i listened to lawyers on both side last night and they were talking about things that just had nothing to do with it. i listened to a panel of judges and i'll comment on that-- i will not comment on the statements made by certainly one judge, but i have to be honest that if these judges wanted to, in my opinion, help

the court in terms of respect for the court, they'd do what they should be doing. i mean, it's so sad. they should be, you know, when you read something so simple, and so beautifully written, and so perfectly written, other than the one statement, of course, having to do with he or she, but when you read something so personal written and so clear to anybody, and then you have lawyers and you watched-- i watched last night in amazement and heard things i couldn't believe, things that really had nothing to do with what i just read. and i don't ever want to call a court biased so i won't call it biased. and we haven't had a decision yet. but courts seem to be so political and it would be so great for our justice system if

they would be able to read a statement and do what's right. and that has to do with the security of our country, which is so important. right now we are at risk because of what happened. general kelly is an extremely talented man and a very good man, now secretary kelly, homeland security. we are doing our job -- he's a great man. [applause] we're doing our job and one of the reasons you probably heard that we did it so quickly, i would have-- i said let's give a one month notice and then law enforcement and general kelly were so great, he said we totally knew about it, we knew about everything, we do things well, we did things right, but the law enforcement people said to me, you can't give notice because if you give a notice you're going to be really tough in one month from now or in one week from now, i suggested a month and i said what about a week? they said no, you can't do that

because people are going to pour in before the toughness goes in. do you people agree? you know more about law than -- [applause] >> anybody, law enforcement. so, i want today give-- wanted to give a month, what you're going to have a whole pile of people, perhaps, perhaps, with very evil intentions coming in before the restrictions. so, there it is. folks. it's as plain as you can have it. i didn't-- and i was a good student. i understand things. comprehend very well, okay? better than i think almost anybody and i want to tell you, i listened to a bunch of stuff last night on television that was disgraceful. it was disgraceful. because what i just read to you is what we have. and it just can't be written any plainer or better for us to be going through this.

by the way, a highly, highly respected judge in boston ruled very strongly in our favor. you heard that. in fact, i had said to my people, why don't you use the boston case? and there were reasons why they couldn't use the boston case, this one came later for various reasons. but, use the boston case. and i won't read that, but there were statements made by that judge who, again, highly respected that, were right on. they were perfect. they were perfect. so, i think it's sad, i think it's a sad day, i think our security is at risk today. and it will be at risk until such time as we are entitled and get what we are entitled to, as citizens of this country, as chiefs as sheriffs, of this country. we want security. one of the reasons i was elected was because of law and order and security. it's one of the reasons i was

elected. also, jobs and lots of other things, but i think one of the strongest reasons is security. and they're taking away our weapons, one by one. that's what they're doing. and you know it and i know it, and you people have been very unhappy for a long period of time and i can read the polls. maybe better than anybody because it seems that i understood the polls a lot better than many of the pollsters understood the polls. assuming they were honest polls which i think probably many of them weren't. i really believe that. [applause] >> but we need security in our country. we have to allow you folks to do your job. you're great people, great people, great men and women, and we have to allow you to do your job and we have to give you the weapons that you need. and there's the weapon that you need and they're trying to take it away from you, maybe because

of politics or maybe because of political views, we can't let that happen. so, with that, let's get on to business, right? it's really something. thank you. [applause]. i want to thank sheriff sandra hutchens and chief tom manger for your leadership and frankly for the service. you have had great service. everyone has told me about you two legendary people. all of here today are united by one shared mission, to serve and otect the public of the united states. during my campaign for president, i had the chance to spend time with law enforcement officials all across our country. they're the most incredible people you will ever meet and i just wanted to say to all of them right now from the bottom

of my heart, thank you, thank you, thank you. [applause] >> there are many actions we, in the federal government, can take to help improve safety in your communities. but i believe that community safety begins with moral leadership. our police officers, sheriffs, and deputies, risk their lives every day and they're entitled to an administration that has their back. [applaus [applause] >> the first step in restoring public safety is affirming our confidence in the men and women charged with upholding our laws. and i'm going to add, justices, judges, in that category and

i'm very proud to have picked judge gorsuch, who i think is going to be an outstanding member of the supreme court, outstanding. [applaus [applause] >> so i'd like to begin my remarks with a declaration to all of you and issued to every member the law enforcement community all across the united states, my message today is that you have a true, true friend in the white house. you have. [applaus [applause] >> i stand with you, i support our police. i support our sheriffs, and we support the men and women of law enforcement. [applaus [applause] >> right now, many communities in america are facing a public safety crisis. murders in 2015 experienced

their largest single year increase in nearly half a century. in 2016 murders in large cities continued to climb by double digits. in many of our biggest cities, 2016 brought an increase in the number of homicides, rapes, assaults and shootings. in chicago more than 4,000 people were shot last year alone and the rate so far this year has been even higher. what is going on in chicago? we cannot allow this to continue. we've allowed too many young lives to be claimed and you see that. you see that all over. claimed by gangs and too many neighborhoods to be crippled by violence and fear. 60% of murder victims under the age of 22 are african-american. this is a national tragedy and

it requires national action. this violence must end and we must all work together to end it. whether a child lives in detroit, chicago, baltimore, or anywhere in our country, he or she has the right to grow up in safety and in peace. no one in america should be punished because of the city where he or she is born. every child in america should be able to play outside without fear, walk home without danger and attend a school without being worried about drugs or gangs or violence. so many lives and so many people have been cut short, their potential, their life has been cut short. so much potential has been sidelined and so many dreams have been shattered and broken, totally broken.

it's time to stop the drugs from pouring into our country and by the way, we will do that and i will say this, general, now secretary kelly, will be the man to do it and we will give him a wall and it will be a real wall, and a lot of things will happen very positively for your cities, your states. believe me, the wall is getting designed right now. a lot of people say, oh, oh, trump was only kidding with the wall. i wasn't kidding. i don't kid. i don't kid. i watched this and they say i was kidding. i don't kid. i don't kid about things like that, i can tell you. no, we will have a wall, a great wall and it will do a lot-- big help. ask israel about walls. do walls work? just ask israel, they work. if it's properly done. it's time to dismantle the

gangs, terrorizing our citizens and it's time to ensure that every young american can be raised in an environment of decency, dignity, love and support. you have asked for the resources, tools and support you need to get the job done. we will do whatever we can to help you meet those demands. that includes a zero tolerance policy for acts of violence against law enforcement. [applause] we all see what happens. we all see what happens and what's been happening to you. it's not fair. we must protect those who protect us. the number of officers shot and killed in the line of duty last year, increased by 56% from the year before. last year in dallas, police officers were targeted for execution. think of this, who ever heard

of this? they were targeted for execution. 12 were shot and five were killed. these heroic officers died as they lived, protecting the innocent, rushing into danger, risking their lives for people they did not even know, but for people that they were determined to save. hats off to you people. these slain officers are an eternal monument to all of the men and women who protect our streets and serve our public. we will not forget them and we will not forget the others who made that final sacrifice in the line of duty. god has blessed our nation to put these heroes among us. those who serve in law enforcement work long hours,

you work long hours. i know so many sheriffs, so many chiefs, so many police who work long hours and dangerous hours often times. in difficult conditions and for not that much pay relative to what you do. they do it because they care. we must work with them, not against them. they're working against you, for many years working against you. we must support them not undermine them. and instead of decision and disunity, which is so many disunity, we must build bridges of partnership and of trust. those who demonize law enforcement or who use the actions of a few to discredit the service of many are hurting the very people they say that they want to help. when policing is reduced, crime is increased and our poorest

citizens suffer the most and i see it all the time when the number of police goes down, crime goes up. to build needed trust between law enforcement and the communities they serve, it's not enough for us to merely talk to each other. we must listen to each other. all of us share the view that those in uniform must be held to the highest possible standard of conduct. so important. you're the role models to young americans all across this country, many of whom want to go into law enforcement. many of whom want to be a sheriff or a police chief. many of whom. they have great respect for you, tremendous respect. you don't even realize it, but i will tell you, to have great respect and admiration for the people in this room, and the people that you represent, and don't let anyone ever tell you different. don't let the dishonest media

try and convince you that it's different than that because it's not. [applaus [applause] >> that is why our commitment to law and law enforcement also includes ensuring that we're giving departments the resources they need to train, recruit and retain talent. as part of our commitment to safe communities we will also work to address the mental health crisis. prisons should not be a substitute for treatment. we will fight to increase access to life saving treatment to battle the addiction to drugs, which is afflicting our nation like never ever before. ever. [applaus [applause] >> i've been here two weeks. i've met a lot of law enforcement officials.

yet yesterday brought them into the oval office and i asked what impact do drugs have on crime. >> they said 75 to 80%. it's pretty sad. we're going to stop the drugs from pouring in, from poisoning our youth, from poisoning our people. we're going to be ruthless in that fight. we have no choice. [applaus [applause] >> and we're going to take that fight to the drug cartels and work to liberate our communities from their terrible grip of violence. you have the power and knowledge to tell general kelly, now secretary kelly, who the illegal immigrant gang members are. now, you have that power because you know them. you're there, you're local. you know the illegals, you know them by their first name, you

know them by their nicknames. you have that power. the federal government can never be that precise, but you're in the neighborhoods. you know the bad ones, you know the good ones. i want you to turn in the bad ones. call secretary kelly's representatives and we'll get them out of our country and bring them back where they came from and we'll do it fast. we have to call up the federal government, homeland security, because so much of the problems -- you look at chicago, and you look at other places, so many of the problems are caused by gang members, many of whom are not even legally in our country. and we will work with you on the front lines to keep america safe from terrorism, which is what i began this with. terrorism. a tremendous threat, far greater than people in our

country understand. believe me, i've learned a lot in the last two weeks, and terrism is a far greater threat than the people of our country understand. but we're going to take care of it. we're going to win. we're going to take care of it, folks. let today be the beginning of a great national partnership. let today serve as a great call to action. and let this moment represent a new beginning in relations between law enforcement and our communities. i want you to know the american public totally stand with you. i want you to know the american people support you. i want you to know how proud we are, truly proud to know you. we applaud your efforts. we thank you for your service and we promise that you will always find an open door at the

white house, an open invitation to our great cops and sheriffs nationwide. they're great people. you are great people. thank you, god bless you, and god bless america. thank you very much, thank you. [applause]. stuart: president trump. i've got to tell you how president trump started. he literally quoted the law which he wants applied to his temporary travel restrictions. i'll quote you what he said. ll quo you, quotinhim- i'll quote the law, okay. [laughter] >> whenever president finds the entry of any alien or any class of alien into the united states who would be detrimental to the interests of the united states, he may by proclamation and for such period as he shall deem nessus spend the entry of all aliens. that's the law which he is applying and using, but which

he fears the 9th circuit court of appeals is adhering to. >>. ashley: and he asked talked about a bad high school student could understand. >>. stuart: much of the speech was to the 9th circuit court of appeal. liz: he said i won't call it biased, inserted that word there, but it does seem to be so political and the point has to be made that the reality check he's saying, essentially, has bounced on the topic because you've got 127 ceo's making it about immigration. it's not about a muslim ban, he says. stuart: it's not about immigration, it's not about a travel ban, it's not a muslim ban. it's a temporary restriction of travel from seven countries, that's it. liz: extreme vetting of countries that have collapsed. stuart: and the law says, mr. president, you can do that and the 9th circuit court of appeal is talking all of these political questions about what he cannot do. >> that's the problem.

stuart: you've got a constitutional crisis if the 9th circuit court of appeals goes political obscures the real law and then where are we. >> goes to the supreme court, 4-4, robard and a brand new interpretation of the constitution. liz: we have judges deciding national security issues, that's what it comes down to. >> and a judge who gave no rational for that whatsoever. the boston judge which of course trump is in favor of did explain the legality of it. the one in california did not which i think is reprehensible. stuart: we're in for trouble if the 9th court of appeals says, sorry, mr. president. ashley: right. stuart: the law speaks otherwise. well, it does not so we shall see about that. as the president was speaking the market opened, we have' opened to the down side and paused with a loss of about 45 points. the dow is holding just above the 20,000 level. that's where it is. on your screens you'll see quite a few individual stocks come rolling by, they're in the

news, they're moving, there's a story to each one of them. haven't got time to give it to you, but these are the stocks moving this morning and i also want to point out that the big name technology companies, and in particular mai'm talking abot apple. apple was within $1 of its all-time high yesterday. it's opened a fraction higher at 131. what else have we got to pick out of the market here. the producer told me what to say. [laughter] >> thank hefavens. stuart: i'm not going to tell you his name. get inundated. the market is uniphased from the obstructionism from the democrats. they're not phased. you say. >> they're not phased, but the market is concerned with the perceived confusion of the g.o.p. when paul ryan said obamacare, it's good to know it may be done this year at least

everything would be put in place this year and we'll replace and repeal next year, but we lost almost all the gains. so the market is reacting right now not to obstructionism from the democrats, but to perceived confusion from the game plan, the marching orders in the republican party. the 100 day we know is artificial, but-- >> they want action. >> some sort of action or outline. stuart: i think the markets worried about this delay. >> and rightly so. stuart: because you think it's had an impact on our society and the delay i'm talking about? >> i think the most reading on consumer sentiment, we've lost the bounce we've had post election, that, i think is troubling because that drives consumer spending and drives, by the way, investment and hiring by small businesses. and that, i think, is totally what charges is talking about. people are going, oh, it's complicated. we've heard this before, it's not going to happen. stuart:down 58 on the dow. ashley: the best performer on the dow is disney who reported

after the bell and missed on revenues. you know why? bob iger says, you know, i may stick around and they love bob iger, have faith in him. stuart: one of the big stories today is the obstruction tactic used by democrat to delay and stop just about everything from president trump. we now hear that there is some pub pushback from within the democratic party. some are saying, watch out. this is not necessarily a winning strategy. the first out of the box with this was the mayor of chicago, rahm emanuel, but elizabeth you've got details on other democrats who are saying knock it off. liz: and what's happening. they're headed for a three-day session in baltimore, led by nancy pelosi. three days of soul searching and come to jesus moment. we've got senator chris murphy, democrat out of connecticut, we've got out of california, debbie dingell out of michigan d other congressmen sang, hate, wait a second, t ryan out of ohio saying we've got to

have a plan to counter trump. it has to be what is our economic vision for growth in this country, leave trump out of the message. what is our positive message for growth for this country. stuart: following on from that, let's bring in john, whose story is this, the best thing going for president trump is the unhinged policies of his opponents. john, come on in, please, because we're now hearing, i think, maybe your article hit the mark, some democrats are now beginning to say, you know, this is not-- this obstructionism is not necessarily a winning policy. what say you now? >> the democrats are caught between a bad choice and a bad choice. on the one hand, their base is so furious at trump, 56% of democrats, according to a political poll say you have to oppose trump on everything, every appointment, everything. that doesn't play well with independent and moderate voters

most upset with washington last november because of gridlock. nobody would get anything done. if they appear completely obstructionist, not a ray of sunlight there, the risk you losing independent voters in the future. on the other hand if they don't placate their democratic pace, they could be primaries. if you don't believe that primaries to defeat incumbent and joe lieberman lost the democrat democrat democratic in connecticut. stuart: you're saying they're pushed further and further and further to the left because of the demands of their base, that's what you're saying. >> to the loud, hysterical left and doesn't put forth a program rather than stop everything. stuart: what do you make of the mayor of chicago saying take a chill pill, you're not going to make it in 2018. some democrats joining him in had a way. there's now some opposition in the democratic party now beginning to surface?

>> yes, but it's drowned out by the move on do.com crowd. and rahm emanuel knows this story. ten years ago the democrats won the house from the republicans, former police officers, after county sheriffs and community and sound on law and order and took back a lot of republican seats. sadly, if looks as if the democrats are going to be running a lot of people who are the runze who spoke loudest at anti-trump rallies. stuart: are you forecasting the continuing demise of the democrats in 2018? you've got the last 30 seconds? >> no, because donald trump is maki making mistakes. and he's in danger of alienating if he doesn't get his act together. they'll rail against the political parties until one shows you can run this train on

time. stuart: thanks for being with us. we areciate it. the dow industrials are down 61 points. did you notice the price of gold on the screen for you there, is it at a three-month high. that's the price of gold. i think that's got a lot to do with the trading value of the dollar as opposed to world security let me get more on disney. disney stock is up even though they clearly have a problem with espn, which is dragging them town. the stock is at 1 is -- 110 this morning. anything else. >> espn has lost 9 million subscribers since 2013 and they continue to lose them, cord cutting. people don't want to pay out big bucks for espn. they've been more political. that hasn't helped them either. the question is, what does bob iger do. he's suppose today retire for

the third time supposed to retire next year, but he says i'll stick around and i think that's why the stock is moving higher. stuart: charles, what do you make of the politicalization of our biggest companies. bob iger, he says we cannot close our borders to immigrants. he's confusing the issue. >> ideology, that's the y they feel and then business. parts were 1 #.1 billion. guess what, who is filling that parts business? foreigners, people from overseas. i don't mean to offend you, but-- >> i'm not a foreigner any longer. >> 2014, disney had more visitors from brazil than from the u.k. and this is critical. and let's not forget that disney came under a lot of

pressure for some of their i.t. workers having to hire foreign replacements. take ibm, ibm is under a lot of-- under a lot of pressure right now, but if you think about it, she's fired a lot of american workers over her tenure and this is her chance to try to get good with the american people. and. liz: we have breaking news on disney. bob iger announced they're opening new theme parks, "star wars" land in the park in california and florida. so he's coming out countering negative headlines. stuart: that's why the stock is up. espn is dragging on disney. liz: in 2019. stuart: they're starting up the new parks in 2019. that's why the stock is up. >> bringing in a lot of money. revenue is down and income-- >> can we talk about the big companies saying they're not going to be willing to advise

the president of the unite ates because of a policy they don't like. this is outrageous, they should be telling their employees and shareholders, it is better to advise the president and hope we will move him in 0 your direction and make him understand. liz: that's what bob iger is saying, i want to sit at the table or else i'm on the menu and tax reforms and-- >> romete is getting pushback and elon musk, and vice-president pence. elon musk is one key, the bridge i see from the white house to silicon valley and come under a lot of pressure. he did join though this amicus, and not the first day, but the next day. he has a foot in both camps. of course he relies on government subsidies. stuart: elon musk is having a conversation with mike pence

and a conversation between vice-president pence and fred smith from express. >> and mark, j.p. morgan. stuart: most of the technology companies, i can't read them all. a lot of them oppose mr. trump and there is the fedex and tesla stock prices and the chiefs are meeting with vice-president pence later on today. i think we can conclude the market is down, not much, holding above the 20,000 level despite all of the talk of stoppages, delays, a getting rid of anything trump. the market is still not way down. >> economic data has been phenomenal. stuart: very, very strong. liz: you hope that donald trump does not waste political capital that he needs for tax cuts and obamacare. >> it's a referendum on the--

>> there's a guy in front of me going like this. it's over sports fans, we have to make some money, but we will be back.

♪

. stuart: senator elizabeth warren has emerged as a leader of far left democrats. in fact, she's emerged as a leader of the entire democrat party. she eloquently reflects the deep contempt the fact of the matter feels for president trump. before democrats get carried away with their new champion, they should perhaps take a closer look at senator warren's history. it could be embarrassing. she applied for a job as a law professor at harvard. she listed her ethnicity as native american. she got the job. harvard boasted about her adversity. sadly, she exaggerated her minority status. she does not qualify as native american. she had cheated. later, senator warren railed

against a wicked wall street bankers who had stolen people's homes during the financial crisis. unfortunately, the national review revealed that she had herself flipped houses. she had bought foreclosed property, she took advantage of distressed homeners, she made a very nice profit. fast-forward to the president. called the nominee a disgrace. not to get personal, she was forced to sit out the debate in silence. this morning the headlines from the new york times reads senator elizabeth warren is silenced by republican senators. she is a mater to her socialist cause. the mayor of chicago has something to say about the democrats leadership going into the next election. rob emmanuel says it ain't going to happen. in 2018, take a chill pill, man. now, there's a realist. the second hour of "varney & company" is about to begin. ♪ ♪

earlier this morning, president trump spoke to a group of police chiefs. watch this, please. >> whenever the president finds that the entry of any aliens or of any class of aliens would be detrimental to the interest 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 nonimmigrants. or impose on the entry of aliens any restrictions he may deem to be appropriate. . stuart: well, that was the president reading the law as it applies to himself and keeping aliens out. he read the w to his police chief audience. what do you make of that speech, tammy bruce? >> well, i appreciate that

president trump actually i think everyone can agree is presidential. he knows the law. he's reading it. he's been informed about that. and what we saw last night, and i think what we've seen in washington state is an apparent attempt to violate separation of power. there's a reason why the founders set up the system as they did. powers that were very specific for each section. you have congress, the executives, the judiciary. and the problem here is that you've got now judges effectively wanting to take over the powers delineated for the president himself. and that is a constitutional issue. we hopefully have enough individuals who are not politicized who will roll that back because it would be completely unacceptable of course for any state or region to decide that they're going to determine the immigration national immigration policy for that country. stuart: that could very well happen. the ninth circuit court of appeals could very well say to happen "no, you can't do that. that creates a constitutional crisis." >> yes. and the law he read -- congress makes the

law. it has been over and over used. it has been looked at. it has been dealt with. it has been determined to be of course legal and constitutional. so this clearly are now judges who are the epitome of activist judges who are political and not judging the law in the way that they should be. stuart: stay there, tammy. this is going to be a problem. stay there. i have more for you later. check that big board. we're down. there's a hold on the downside move. we're off 50 points, and we've been there for about the last half hour. so we're at 20,038. take a look at apple. yesterday it came within a buck of its all-time high. 131 on apple this morning. urban outfitters came in with strong sales. here's a company that can go up and down quite wildly. this morning it is up -- i'm going to squint at the percentage. it's up half a percentage point. 26 on urban out fitters. sales down again. buffalo wild wings. it gave a downbeat outlook for the future as well. the buffalo wild wings is now up 3%.

earlier, it was way down. now this thing is up. i can't work things up. i really can't.companies are lining up against the president's executive order on travel. the latest is disney. the ceo bob iger says we can't shut down the borders to immigrants. he says we can -- let me give you the right quote. we cannot shut our borders to immigrants. and some workers at ibm are increasing the size of the petition internal to ibm saying they want off the trump advisory panel. so corporations lining up against president trump. ashley: yeah, and i'll goer was supposed to be at one of these advisory committee meetings last week at the white house. he wasn't there. he said i truly did have a scheduling conflict and while he does disagr with e travel restriction, he says, look, i have a opportunity to have direct access to happen, so i'm not going to give that up, despite pressure on him to do so.

as for ibm, there is a petition going around. ibm workers and those that used to work for ibm really criticizing the ceo of ibm advisory role of trump. she says basically the same thing. look, i need access to the most important person. why wouldn't i want that? this petition, by the way, 1,600 signatures of a company that employs 380,000. stuart: fair point. fair point. i'm glad you got the number in there. ashley: yeah. stuart: by the way, antitrump protesters were out again tonight in new york city. this time outside the offices of goldman sachs and jp morgan. two big investment banks obviously. liz. liz: yeah, and they're taking the drain the swamp phrase and using it themself saying trump is introducing a swamp of wall streeters and billionaires into the u.s. government that will hurt working families. so this is the new iteration of it. it's the working families movement and others now. they have been protesting in

front of goldman sachs and jp morgan. stuart: so what you've got here is various strands in our society lining up very much against president trump. delay and obstructing congress. the media is against president trump. some corporations are saying separate yourself from president trump. the courts are holding things up. and now this. the mayor of chicago rob emmanuel says democrats need to prepare for a long-term builup of the party. he suggests, hey, take a chill pill, man. watch this. >> a long time to get this. it ain't going to happen in 2018. take a chill pill, man. this is -- you've got to be in this for the long hall. and if you think it's going to be a quick turn around like that? it's not. . stuart: so rob emmanuel is really saying here, look, watch out. you've gone out there on the obstructionist strategy. maybe you're not going to win in 2018. and it appears that other

democrats agree with rom emmanuel. who are they? liz: senator chris murphy out of connecticut, debbie out of michigan, she's sending the warning bill, hey, democrats, you're going to lose the rust belt. adam schiff out of california and time ryan out of ohio. this is the annual retreat in baltimore. that's what's happening right now with the democrats. it includes an autopsy report on what went wrong. they lost 1,000 state legislative seats including seats. and turn over in congress. they're saying leave trump out of the message right now. refocus the democratic party on our economic vision. our job growth plan. stick with that, and we could win. stuart: we have with us a leading democrat. a free-body diagram guest on this program. julie is with us. >> hello. stuart: it seems there's this obstructionism, this extremism, we better hold off on it.

>> well, i wouldn't call extremism, but obstructionism worked quite nice r the democrats. stuart: they're obstructing all things at all cost. are you with them? >> that's my point. stuart: are you with them? >> it's not whether i'm with them. democrats have to decide there are one of two paths. they can do what the republicans did, which merited a tremendous amount of success for the republicans which eventually got them the white house and shut down a washington where they couldn't rule. stuart: that's option number one. they can keep on obstructing no matter what. what's number two? >> exactly what emmanuel talked about. stuart: who's side are you on? >> you could do both. i don't think there's one side or the other to. on the one hand, you should stand up on your values on the values of donald trump, which does not represent a majority of the country. so i think it's a very important thing to do. on the other hand, democrats are obviously all of. and i've said this for years. bill clinton had this line how democrats fall in love and republicans fall in line and who's absolutely right. democrats fell in love with barack obama, they fell in love with bill clinton back in

the '90s. they didn't invest in state legislature. they didn't invest in congressional seats, in redistricting. because, to me, the president and the leadership that he conveyed was what they were into. we need to do both. stuart: i think that's a fair point that the party, the democratic party has been reduced. this is an exaggeration perhaps but it's a coastal elite party. major supporters. massachusetts, new york state, and california. >> it's more than that. . uart: but that's where you are. >> you're absolutely right. the democratic party needs to rebuild. stuart: you can't rebuild if this is what you're doing in courts and congress. >> why not? when the democrats can mobilize against a popular president and increasingly popular congress, they can. because ultimately. >> he's saying take a chill pill because he's right but not getting the house and the senators that are up, chances are you may not get the senate in '18. but what you can do is lay the

ground work at the state level. look, there are two crucial -- stuart: may i suggest the following? if you want to lay the ground work, coming up with an economic policy. did the republicans do that? . stuart: it's relevant. >> it's not. stuart: why don't you tell me what you -- if you're a centerrist democrat. >> yes. stuart: you tell me what's your economic policy. tell me now. >> it's exactly what donald trump talks about doing but not doing. investing in the middle class. it is not slashing taxes on corporations. stuart: investing in the middle class is a meaningless expression. >> it is not creating tax breaks for corporations, tax breaks for the middle class. it is not getting rid of the mortgage reduction, which is a middle class tax deduction to the extent that you want to give the money to the wealthy. that is a tax plan. but i will say this to you. democrats need to look at two very important things coming up right now. two races. one in new jersey. one in virginia this year rebuilding of the democratic party begins this november. it doesn't have to wait until '18. stuart: julie, we appreciate

you being with us. >> i love you more than life itself. thank you for having me. stuart: we have a buzzer for you okays. we didn't use before. >> i know. stuart: come again. >> see you later. stuart: now i have this for you. at least seven tornadoes touching down in louisiana. will you look at that? if you go anywhere near that thing, you know that is truly frightening. some of those tornadoes touched down very close to new orleans. state of emergency has been declared there of course. there are reports of one woman having to hold onto her eight-month old baby as a tornado ripped through her home, tossing both of them through the air. frightening. meanwhile remember this? orange river? it was turned by of people. environmental protection agency. well, one florida congressman has a new bill to eliminate the epa for good. forever. for entirety. he thinks the allegiance could come as soon as next year.

we'll have more on that in a mot when a cold calls... achoo! ...answer it. with zicam cold remedy. it shortens colds, so you get better, faster. colds are gonna call. answer them with zicam! zicam. get your better back. now in great tasting crystals.

juswho own them,ople every business is different. but every one of those businesses will need legal help as they age and grow. whether it be help starting your business, vendor contracts or employment agreements. legalzoom's network of attorneys can help you every step of the way so you can focus on what you do. we'll handle the legal stuff that comes up along the way. legalzoom. legal help is here.

. stuart: well, i know that that is rob stuart. ashley: yep. stuart: everybody knows that voice. hley: uh-huh. stuart: did you know that on this day in 1979 that song by rod stuart was number one? ashley: oh, my gosh. stuart: so we're talking 38 years ago. liz: oh, my god. we were not allowed to listen to it in my house. my father hated the lyrics. he said it was too. ashley: naughty. liz: too naughty. stuart: i was a libertarian back in those days. check the big board. still around a 40-point loss for the dow industrials. 20,040 that's where we are. look at the price of gold. moving up again.

a three-month high now for the price of bouillon. when gold goes up seven bucks during the day, you can expect the gold minors, there they are, also to be moving higher. some of them sharply so. i've got one there up 5 or 6%. big names hitting all-time high. look at this. alaska air. the video game maker take two. and a tobacco supplier universal. all of them sharply higher. new all-time highs all across the board. now, here's a headline for you. our next guest is introducing a bill to abolish totally, completely abolish the environmental protection agency. who is making this proposal? this gentleman right here. florida republican congressman matt gates. matt, here's my first reaction. you know that we are never going to abolish an entire government agency. we've never done that in the past. and we'll never do it in the future. so why did you propose it? >> well, there's a lot of

things, stuart, that we've never done in the past, but we may see in this administration and in the 115th congress. it's not that i'm against conservation. i support conservation. i just don't think the federal government is any good at it. i'm from florida and time and time again we've seen the epa and other government agencies stand in the way. your own reporting has acknowledged that the epa has wasted hundreds of thousands of dollars on employee bonuses. we had a deputy a few years ago steal 900,000. the epa gives away tens of millions of dollars in american tax money to countries all around the world. stuart: look, so what you've got here essentially is a decoration of intent. it's a decoration of direction in which you wish to go. it's host i le hostility. that's really what you're doing because you don't really expect to abolish the epa, do you?

>> well, there are a number of federal environmental laws that we will still need to enforce. but my belief is the epa in its current form cannot be reformed. i mean, i've got situations in my district where the epa is harassing cattle farmers for expanding their stock ponds. so i think we've got a lot bolder than just some reforms around the edge, so i've stated my views on the public policy. we ought to pull the epa up from the weeds. we ought to start overwith right-sized regulations that will protect our environment. and then to every extent possible, downstream the $8 billion that the epa currently spends to our states and local governments where we can uly protect the environmental assets that are important to people and their states and local communities. . stuart: okay. congressman, look, we appreciate you coming on the show. i'm going to repeat. i don't think you're going to get what you want. but it's a decoration of specia intent, and i'm with you on that one. thank you for joining us. >> thank you, stuart,. stuart: tammy, you want to comment on that?

>> well, look, i think he's absolutely right. we have to remember there's so many things right now that none of us could have ever imagined. and if there's going to be a time that government is going to be made physically smaller, which is the conservative ideal, this is the time. you just had betsy devos for a job that no one should have ever had. the education department. we've seen the decline of education start when jimmy carter started that agency and the epa is the antithesis of what it says it is. it is the cause of the problems like government is the cause of problems. so that is a particular agency that is a good one to target. stuart: i'm with you. i'm with you. okay. but it's not going to be abolished. are you going to tell me that it will be abolished? >> certainly it might take a few years to get people used to the idea that agencies can do this. donald trump has mentioned that he wants to defund things like the nea, the national humanities and all of that. happen. i would like to discuss it, but you can't. >> in 2018, let's see the mood

of the people when donald trump has economic success and success internationally. then we can maybe get onto some of these other issues. very exciting. stuart: you live and hope. thank you, tammy. now this. the governor of california says he will fight tooth and na erything esident trump says or does. one leading democrat is all for it. wait until you hear what he says about illegal immigration. that's next your insurance company

won't replace the full value of your totaled new car. the guy says you picked the wrong insurance plan. no, i picked the wrong insurance company. with liberty mutual new car replacement™, you won't have to worry about replacing your car because you'll get the full value back 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. . stuart: the leader of the california state senate kevin says half his family is here illegally. they've used false documents. they are eligible for deportation. that's what he said. watch this. >> i can tell you half of my family would be eligible for

deportation under the executive order because they've got a false social security card. they've got a false identification. they've got a false driver's license prior to us passing ab60. they've got a false green card. and anyone who has family members, you know, who are undocumented knows that almost entirely everybody has secured some sort of false identification. that's what you need to survive. to work. they are eligible for massive deportation. . stuart: fake social security cards, fake driver's license, fake green card. are you kidding me? >> yeah. this is a perfect example of what donald trump is concerned about and the issue when it comes to the ninth circuit. this is about people in california, you know, essentially from south of the border falsifying and getting false federal documents, and he's legitimatizing it. if we can't control what's happening in california, how

in god's name can we actually consider vetting people coming in from syria and failed states in the middle east? this speaks to the problem. he's talking about federal documents. fake driver's license and green cards. it's extraordinary. and social security. stuart: outrageous. comments? liz: this is the same guy who stuck tax fighters bill for his elaborate swearing in at the disney concert hall. tens of thousands of dollars. when he was sworn in at the disney concert hall. ashley: what you need to survive, he says. fake documents. >> federal crime. federal crime. stuart: dow jones average is down 52 points. 20,037 is where we are. about two-thirds of the dow 30 are down. one third up. we'll be back

the future of business in new york state is already in motion. companies across the state are growing the economy, with the help of the lowest taxes in decades, a talented workforce, and world-class innovations. like in plattsburgh, where the most advanced transportation is already en route. and in corning, where the future is materializing. let us help grow your company's tomorrow - today at esd.ny.gov

. stuart: in recent days, the price of oil has become a factor on the stock market. the price of oil is down. some investors don't want to see oil drop too far down of how much oil we've got in storage. liz: we're looking for a bill. oh, wow. it's a big bill. 13.83million more baels. bills of 8.3 million barrels. that's more than five times of what the market was expecting. that could be why the reason not only oil down but look at the market ticking down right there. this is the fifth straight week of bill. the highest in 1.5 years. look at that bill. that is amazing. 13.3million. stuart: so let's summarize here. we've got 13.8 million barrels of oil more in storage than we thought.

that's a huge increase in supply. but the price of oil is actually hovering little change from before we got those numbers. 51, $52 per barrel and the stock market is stable at minus 50. i think that's what we've got. liz: yeah, but reports expect a 14 million. stuart: this game again. liz: yeah,. stuart: so we're up 51.90 for oil, down 20 odd cents, down 50 for the dow industrials. i want to talk about the argument in the ninth circuit court of appeals. the arguments against presiden president trump's travel restriction were really very political arguments. one of the judges involved in the arguing talked about a muslim ban, which has nothing to do with the issue at stake. roll tape. >> you've been analogousizing to peoplwho advocating to overthrow the government.

and are you saying that the external evidence here that is alleged, the intent here to ban muslims is equivalent to that? >> if there were an executive order that prevented the entry of muslims, that -- there would be people withstanding to challenge that. stuart: well, the left insists that the president's executive order restricting travel is essentially a muslim ban. not mentioned in the executive order. but that's the way the left is taking it. they're also taking as a statement that they're against all immigrants. tony perkins is with us. and we appreciate you being with us today, tony, because i have a serious question for you. as a christian. as a man of god, and that's what you are, how do you justify keeping out muslims? i mean, i know it's not a muslim ban, and i know for one moment suggesting that it is. but we are going to exclude people from mostly muslim countries.

how do we do that if we're christians? >> well, stuart, first off, i find it interesting that liberals that are most applying this biblical standard, wanting to impose these biblical standards on the government are the same ones that could you say conservatives of wanting a theocracy in the country. and they're misimplying the scripture. the bible never suggests that you indiscriminately let people into your country that want to do you harm. so, look, what this is about, this is about those countries that have been producing people who want to undermine america, attack america, and we're simply saying pause this. let's make sure we're vetting them before they come into the country. you want to look at this in scripture, go to nehemiah chapter 7. says don't open the gates until the sun is hot. so they're not people who want to do us harm. stuart: let me go back and rephrase the question. we've seen some of the immigrants who will not be able to come to the united

states. they are genuine refugees. women and children included. how do we as christians say, no, you can't come in? >> first off, it's temporary. this is not permanent. putting the process on pause because has so many holes in it and, yes, the are going to be innocent people caught up in this. but once we work out all the kinks, and we have a system in place that ensures only this who want to come and be part of the fabric of freedom of america come in, not those who want to unravel it and destroy it. and as christians first off, this application is to individuals and the church, not necessarily to the government. therefore, we do not have to let people into this country who want to harm us and undermine what we stand for as americans. stuart: well, put. sir, thank you very much for joining us this morning on a very difficult but intriguing subject. and we appreciate you being here, tony. thank you, sir.

>> thanks, stuart. thank you. stuart: elizabeth warren silenced on the senate floor last night. she violated the chamber's decorum. watch this. >> he is, i believe, a disgrace to the justice department, and he should withdrawal his nomination and resign his position. >> you stated that a sitting senator is a disgrace to the department of justice. >> i call the senator to order under provision of rule 19. stuart: senator warren silenced and right after being silenced she went out and did some fundraising. ashley: she did and also sent out messages saying, look, i will not be silenced on this. i represent you, and you need to help me in the fight because i have every right to quote not only but the widow of martin luther king jr. so she's trying to get money in the back of this. >> let me say this.

the headlines today that she was censured knows it was the kennedy quote. she then went to the king letter and was removed because of the kennedy quote that you just heard there. stuart: using it personal derogatory expression about a fellow senator. okay. it's now time to bring in brian kilmeade who is currently on his radio show. but we're joining him now on tee. brian, i want to talk to you about senator elizabeth warren. she is coming across as a martyr to her cause, silenced on the floor of the senate. but we've been doing some digging here, and she's exploited falsely her ethnicity, and she was a house flipper. i would like to see the full story of elizabeth warren come out here. >> absolutely. there's a lot going on here. i don't know if you saw curt schilling, the outstanding major league baseball pitcher who's probably going to run against her in massachusetts. and you remember how help you she was called pocahontas by

donald trump because of her american disband background. wants to point out is who is she supposed to be? i also believe that there's a fear amongst the senator schumer friends and family that elizabeth warren is a threat to the leadership amongst the democrats. stuart: yeah. >> so there's a rise of elizabeth warren at the cost of senator schumer who for some reason seems to be goes for the rational politician to the irrational partisan over the last three weeks. so they are a mess over on the left and sadly, i think that the message that they got from this election, stuart, is not let's moderate and get along. it is let's go further left and the rest of the country will meet us there. stuart: oh, you're right. they're being dragged to the left by the base further and further and further to the left. but this morning, we are seeing just a couple of democrats coming back and saying wait a minute. this obstructionist strategy, this is not going to work in 2018. the moderate democrats are

beginning to make their voices known. >> and you know what? it was so interesting. rob emmanuel in an interview yesterday basically told the democratic party get over it. stop crying. you lost. and it's not getting any better in 2018. think long-term. number two. tomorrow, you have president trump inviting four moderate democrats to the white house to meet with them and maybe seeing if there's a way forward. because he knows both sides have gotten off to a horrible start. i don't think anyone's benefiting what's been going on over the last two weeks. it's been embarrassing. stuart: i think you're right. before we close, brian, i do have a question. why does everybody hate the new england patriots? >> i've been thinking about that looking inside my soul, and i came up empty because -- no, i figure this. it's because number one tom brady 6'4" good-looking with a super model wife, and they keep winning. they also push the envelope with spy gate and deflate gate. they also changed two league rules what they did against the ravens, what they did against the ravening.

and there's a sense out there that they find a way to win by bending the rules. maybe it's true. maybe it's not. stuart: i think that's -- what a terrible thing to say. the man, tom brady, came from a 25-point deficit with 2:12 left in the third quarter, and he wins in extra time. and people are saying that -- my producer is in my ear saying he cheated. absolute nonsense. >> that's unprofessional on your producer part. i will him. i've never seen vodka drink so ch sce college. i'm watching gronk getting beer thrown to him and drinking it. that wants best parade i've ever seen. the best come back i've ever seen. the first overtime game i've ever seen.

i think it's time for the haters to start soluting. stuart: what years were you in college? >> 18, 19, 20, and 21, so i had for to put up a lot. stuart: the question was about the years in college but not the drinking age. but, hey, we can excuse you of that one. brian, are we going to make a regular this? >> i would love to. i think it has made our relationship stronger. i don't know about your quality. but this is the only time we talk is whether you're on fox and friends or my radio audience. stuart: the executive producer just banned you from the show forever. no, just a joke. >> congratulations on the show. the number one show in all of business. maybe the world soon. stuart: soon? thank you, brian. good stuff. good stuff. how about this?

iran becoming increasingly hostile towards president trump. that's not news, really, is it? president trump. iran says he has a big surprise in store for our president and that it's coming this friday. pete, 'silitary guy on that next >> they have total disregard for our country. they are the number one terrorist state, and they're sending money all over the place and weapons. and can't do that. hey nicole. hey! i just wanted to thank your support team for walking me through my first options trade. we only do it for everyone gary. well, i feel pretty smart. well, we're all about educating people on options strategies. well, don't worry, i won't let this accomplishment go to my head. i'm still the same old gary. wait, you forgot your french dictionary. oh, mucho gracias. get help on options trading with thinkorswim, only at td ameritrade.

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. to avoid long-term injury, get medical help right away for an erection lasting more than four hours. if you have a sudden decrease or loss of hearing or vision, or an allergic reaction, stop taking cialis and get medical help right away. ask your doctor about cialis.

ashley: and now this. we are awaiting a ruling from the ninth district circuit court on president trump's executive order on travel. judges could turn it down. judge andrew napolitano had this to say about it. roll tape. >> the justice department has two actions. one is to ask the full ninth circuit, which doesn't meet because of geographical restrictions meets in units of ten. so they can get another shot before ten judges. the same three plus seven others. or they can go to the supreme court on an emergency appeal in which case they would file it with justice kennedy. he says "no." that's the end of it. if he says "yes," the other judges would vote. but here's what donald trump is confronting. if the ninth circuit rules against him, and he goes to the supreme court, he's probably going to get a 4-4 tie. a tie keeps in place what the lower court did

. stuart: first story on disney. they've got an espn problem. ashley: and they have now for many years. subscribers peaked back in 2005. they've lost 9 million subscribers since 2013. just three years. so that continues to hemorrhage ad revenue and subscribers. stuart: but the stock is up because of the second story on disney, which is about new parks. liz: yeah, that's right.

new star ws-themed parks coming to disneyland and walt disney world. disney is the biggest driver behind the dow right now. on this news star wars characters, profits also merchandising is a big deal. stuart: a bit worried about foreigners coming to their parks as well, i do believe. the dow jones average is down 40 points now. we were down 70. so we're paring the lost. and president trump. this is on friday. this is his first tweet about iran came out on friday. here's what he said. iran is playing with fire. they don't appreciate how kind president obama was to them. not me. well, iran responded thus. president trump says be afraid of me. people will respond to this with their presence in the streets, and they will show what stance the population takes in the face of threat.

with us now the author of a great book. the author is pete. no stranger to this program or to all of fox. pete, whack welcome to the program. >> good morning. thanks for having me. stuart: so what are they going to do on friday in tennesse tehran? >> yeah. lots of people to take to the streets who are fearful if their own regime unless they challenge it. this is hell bent on regional and eventually religious domination. and i wouldn't say that the obama administration was kind to them. i would say they were epically naïve to them, not understanding the desire of the ayatollah and the iranians and as a result a affordable deal, which has put us in a terrible place. donald trump is taking a strong stance, which we should have from the beginning because iran is our enemy. and now ayatollah trying to prove they're tough by taking people to the streets in a manufactured demonstration. this is going to be a back-and-forth, and i think

ultimately it shows how much attention tehran is paying attention to president trump. stuart: this is the first time an american president has said to iran "knock it off. don't do that. we don't like it." we haven't had that in eight years certainly. and the confrontation level is rising here. but president trump, i don't think the man's going to back off. >> i don't think he is either. he said he wouldn't. he said the deal was a terrible deal, which it was. it enriched and emboldened a dangerous regime. the largest state terrorism in the world. if iran wants to, it can unleash their external arm to wreak havoc around the region, which is something the trump administration would understand. but ultimately a strong stance against these theecrats, enemies of ours who seek a nuclear weapon makes us more secure and also means we have the back of our allies like israel who live under a looming threat that iran wants to wipe them off the map. so it's a new era. a new sheriff. and donald trump is going to ha a chance to cfront em.

stuart: would you -- i don't thk you would welcome some kind of military action. but if the american -- if the navy was challenged in the straights, for example, and we responded by knocking out a gunship, for example, how would you feel about that? would that be an escalation bit too far? >> no one welcomes escalation. but you must draw real red lines and take real strong stances. ultimately words, you have to be willing to follow through on them. our enemy never believed that equilibrium would follow through. they have to believe that donald trump will. so you find small places where you can reorient this relationship. and if it requires a confrontation in the straights, then so be it. but it's not us to nuclear armageddon. that's not what trump's going to do. that's not what they're going to pursue. but it will show in a small way the right place that america will stand up for its interest now and will do so with military force if necessary. again, critics will say, oh, he's welcoming confrontation.

he wants to create war. no, he wants to show we're willing to back up our words with military force. if it takes a confrontation, it takes a confrontation. stuart: pete, military guy. thanks for joining us, pete, we appreciate you being here. >> thank you. stuart: quick comment, tammy. >> yeah. the u.s. has coal that was sent back to the along the coast of yemen. where we had that attack of the saudi ship who were acting on behalf of iran. so we understandable believe their initial attack was actually going to be on a u.s. warship. so the ascending of uss coal is a large message. also donald trump is considering naming the guard as a terror group. and also considering aiming the muslim brotherhood. stuart: that's an escalation. >> that escalates all throughout the region. but it's a response to the fact that iran's been escalating, and we have to look of course at the impact of tel aviv. stuart: dow jones industrial average down about 37 points. that's where we are on the dow. 20,052. we will be back too i have asthma...

...one of many pieces in my life. so when my asthma symptoms kept coming back on my long-term control medicine. i talked to my doctor and found a missing piece in my asthma treatment with breo. once-daily breo prevents asthma symptoms. breo is for adults with asthma not well controlled on a long-term asthma control medicine, like an inhaled corticosteroid. breo won't replace a rescue inhaler for sudden breathing problems. breo is specifically designed to open up airways to improve breathing for a full 24 hours. breo contains a type of medicine that increases the risk of death from asthma problems and may increase the risk of hospitalization in children and adolescents. breo is not for people whose asthma is well controlled on a long-term asthma control medicine, like an inhaled corticosteroid. once your asthma is well controlled, your doctor will decide if you can stop breo and prescribe a different asthma control medicine, like an inhaled corticosteroid. do not take breo more than prescribed. see your doctor if your asthma does not improve or gets worse. ask your doctor if 24-hour breo

could be a missing piece for you. learn more about better breathing at mybreo.com. approaching medicare eligibility? you may think you can put off checking out your medicare options until you're sixty-five,

but now is a good ti to get the ball rolling. keep in mind, medicare only covers about eighty percent of part b medical costs. the rest is up to you. that's where aarp medicare supplement insurance plans insured by unitedhealthcare insurance company come in. like all standardized medicare supplement insurance plans, they could help pay some of what medicare doesn't, saving you in out-of-pocket medical costs. you've learned that taking informed steps along the way really makes a difference later. that's what it means to go long™. call now and request this free decision guide. it's full of information on medicare and the range of aarp medicare supplement plans to choose from based on your needs and budget. all plans like these let you choose any doctor or hospital that accepts medicare patients, and there are no network restrictions. unitedhealthcare insurance company has over thirty years

experience and the commitment to roll along with you, keeping you on course. so call now and discover how an aarp medicare supplement plan could go long™ for you. these are the only medicare supplement insurance plans endorsed by aarp, an organization serving the needs of people 50 and over for generations. plus, nine out of ten plan members surveyed say they would recommend their plan to a friend. remember, medicare doesn't cover everything. the rest is up to you. call now, request your free decision guide and start gathering the information you need to help you keep rolling with confidence. go long™. ♪ . stuart: we've been talking a lot on this program about president trump and what are has called this travel ban.

here's some viewers' viewpoints about what we've had to say. first of all, this came in. this is the law plane and simple. whether you agree with the ban or not, the president has this power. there's that word ban again. here's this from daniel. "stop with using the word ban. nowhere in the executive order did i read the word ban. the executive order is intended to be a 60-day suspension of travel privileges for those seven countries." and this came in from steve "what i find ludicrous is that judges can be considered liberal or conservative. i thought judges were expected to put political bias aside when on the bench. shouldn't every local, state, and federal judge make the same evaluation of laws given the same circumstances?" i'm with steve on this one. ashley: i couldn't agree more, and i'm often asking this question. why should we know if a judge is conservative or liberal or not. what difference should it make? they should be impartial. and as for the word ban, you're absolutely right. it's not a ban. stuart: it's a restriction.

liz: the word ban's not in there. stuart: liz, historically, judges have taken political positions. especially over the past generation. liz: i understand this. but i think the perspective is lost that i'm tired of judges of the government of anybody treating victims of terror like rounding errors like they should be disregard. it's sort of the how the government treats taxpayers overall. hundreds of terrorists born since 9/11. dozens of them were involved -- from the seven countries, seven hot spots. stuart: and we should be allowed to say it. ashley: and we call them the countries. not the muslims. again, another misreported. liz: it should be vetting of islamic jihad ease. that's it. not about religion. stuart: good comments from our viewers today. please keep them coming. we know you're very well informed, and we do like to hear from you. we'll be back

never before have we seen this level of obstruction a left on all fronts. democrats are holding up every cabinet nominee. live held the floor of the united states. the now the most delayed cabinet in history. to ban the temporary travel restrictions. it will be blocked for months if not years. the ceos who signed on to the president's advisory council at ibm there is a growing petition demanding this company withdraw from any advisory role. similar pressure being at disney. it's called for in america

these days. the entire state of california opposes the president. the state will fight tooth and nail against everything the president does. is this a winner. in my opinion now. there is a limit to voters patients. when they try to reverse the last election the base will be happy but everyone else well not be happy. and we should also say that the delayed strategy has only temporary effect. cabinet members will eventually be confirmed. and the schedule well not be held up that much. the obstruction strategy should be seen for what it is. a tantrum from a defeated party. the third alley -- the third hour of art and company is about to begin. stuart: if there's one thing you can be sure of this days the news goes thick and fast.

see mac and. >> an executive order to keep it open. according to the senior administration official. just into us now. and we have more. more stores have dropped. it's almost a daily occurrence. >> let us not forget some the other big apartment stores. we did get a response from president trump tweeting out of this. he said my daughter has been treated so unfairly. she's always pushing me to do the right thing. along with neiman marcus.

>> l.l. bean put out a statement on the grab your wallet hit list. it doesn't mean that we agree with the policies. stuart: the boycott is mounting. it's virtually unchanged right there. let's get your money please. were coming back a little bit. number down 26 points. it's just beginning to gain right there. the price of oil is very interesting this morning. we've a 13 million-dollar bill that means there's an extra $13 million in storage. the price of oil has gone up. thirty cents higher 52-47. look at disney.

it's a stock to watch today. it's a bright spot in the future because are going to be opening a couple more parks by the way but there been hurt in the present. the weak sales forecast. it's down over 9%. another big loser for you. a big drop in sales last quarter. down 10%. here is another stock to watch. facebook up today on track for a record close 13477 right now. a big gain. i want to get to the tax cut situation. mark meadows said the chair of the all-important house tax writing committee the chair is kevin brady. there will be a tax cut before

the summer recess in august. role that very important tape please. >> the chairman is truly wanting to move this. we have to actually be moving on that in the very near future. investors want to know when we can get the tax cut. when can we act on them. do you agree with them about what they were sent about kevin saying about kevin brady that yes we will get a tax cut bill in front of us all by the summer. please see the schedule doing that. he said about the house of representatives rather than an entire plane getting through. i think we have to be a little bit cautious in our optimism and how quickly they can get a tax bill actually signed by the president.

i think it will take more time than any of us want. part of the issue is we wanted to write not just quickly and were looking at a major overhaul of the tax system. that is a fair point. it was gung ho for a tax cut. that's what they thought they're voting for. now we find there is a split among republicans as to what form the tax cut bill should take. a lot of people are very disappointed about this. and what they're talking about the border adjustability plan. it has caused a big rift to begin with many conservatives. that's because were talking about a major change in the tax system. but seen with the system that we have is even more painful because it makes the u.s. so

uncompetitive globally. is to make the big changes. cut the corporate tax rate. a much more competitive place to do business in. the investors are watching very carefully. they want their tax cut. the capital wave strategist. in my right and saying that a principal concern of investors is when do we get the tax cut package and when does it take effect. the market i think is anticipating this. i think if the market seizes. that's what can i go down to far. whether it's corporate or

personal. or what will i do to the deficit. we could have some problems. the market will adjust and move up quickly. they greet with the president even if it's just a vague outline with cutting this tax and back tax. that takes up to about late march early april. it's good enough to be there. let's see what's in the best interest of america and i think that will move forward. it's a done deal. especially simplification. >> i want to talk about major corporations which are now lining up in the anti- trump column. they are not happy with the advisory role with the trump administration. they have a petition which says get out. no more advising president

trump. how do you feel about investing in corporate stocks where that's going on inside the company. it has occurred towards the ceo because of the policies they take or because of the president they support. that will be a function of prophets in the usual stuff. it's frightening to me that the public in such a large part of the public who did vote for donald trump is so against them. and i'm going to give this man a chance. put your money into the stock would do it but do it now. >> there is no reason to sit on the sidelines. it can go up quickly and for a long time. there always is going to be. now is not the time to just

wait for a pullback. if we get tax cuts. the market has nowhere to go but higher. it's the most i've been in years. tensions between the trump administration left went really heating up. he pledges to fight the president to the nail on everything. from century city's to climate change. should we be surprised. >> they want a sanctuary estate. it becomes a refuge for those immigrants who come here.

president trump said he would take the federal funding for california on the century city issue. we won't send you all of our tax revenue it silly. they will be met by an army of lawyers. it will be dragged out. and there will be inlets. they will have made the statement that they keep according and california. when president trump said california is out-of-control and they say or not at a control we are the sixth largest economy.

check the big board. we are down 25 points. we are coming back a little and look at the left-hand side of your screen. it's an even split. just half-and-half. the political drama that everyone talk about this morning is elizabeth warren being silenced on the senate floor. we will tell you more about this one. they are speaking to a group of law-enforcement officers today. he is going to keep the border secure. and you better believe he is going to build that wall. you'll hear what he has to say. watch this. >> we have weave a trade deficit with mexico. who's been up pay for the wall. who's gonna pay for the wall.

stuart: the newts we brought

you a couple minutes ago they want to extend and keep open gitmo. this is a campaign promise by president trump. there are 41 a detainees w remain there. this is a repudiation of president obama on the last day to a letter to congress saying keep it open. watch this. live-action news and live-action presidency. the hard --dash make a hard edge present trump. i have the lodges including about his executive order on travel restrictions. it's time to stop the drugs from pouring into our country and by the way will do that and i will say this with the

general now secretary kelly will be the man to do it and we will give him a wall. that which was just part of it. sheriff welcome to the program good to see. >> i'm glad to be here. stuart: i want to give you a sense of the meeting that you held with the president yesterday. i got the imprsion that mister tmp is the new sheriff is a how you felt about it? >> he has certainly been called that. we presented him with the sculpture. in enjoyable visit. for some and quite a while.

that they had been invited only to the white house but inside the oval office. yes i'm going to build that wall. i was there and heard all of the remarks again this morning. we want the border enforced. there is a reason that the word illegal is in front of immigration. we all know that there are places where there could be other things belts. whether it's drones or aircraft. it is a long stretch of territory. it's affecting every community in this country right now. stuart: you did say that the president stand in the rule of law.

he stood up and read the law. whever a president finds the entry into the united states united states it will be detrimental to the interests of the united states. he made by proclamation and for such a. as he shall deem necessary do you approve of that? >> he said exactly that. i happen to be an attorney as well. we are to give our president the benefit of the doubt. the way people should look at that is don't look at it as president trump is doing this. all of our presidents have this authority under the statute. if it were president clinton right now. who are exercising the same authority i believe the same people that are screaming about it right now would be seen how important it is. we appreciate you being with us.

where are we. we were down 70. the price of apple. the all-time high. look at buffalo wild wings. the sales are down. the forecast in the future down. the stock is up gently. two and half percent. the supreme leader has big plansor the 38 in retreat at the country's revolution. they will take to the street to protest president trump. ahead of the paris climate accord. more after this.

stuart: we are down 20 points on the dow industrial. 20,065 is where we are. the price of gold is up again. around 1222.

he is the ceo of intel. i have heard from many of you i want you to know this is not a policy. about muslims it's about a temporary travel restrictions. >> does an doesn't intel support that they cooked us.

ahead of the paris climate accord. it worked at nova. there was a time he was too intense. it's become very alarming. it showed the pace of warning the heads low down. i cannot feel comfortable doing that. and then hyping it up. just in time for the paris climate context. we end up paying all of the money. they rush it out there without it being tested were verified. they relied on experimental land data. they rested. we have some big names that

are heading all-time highs. all of them present trump making big campaign promises to bring me to picture jobs back to america. can he do that. and can he keep you keep those jobs in america.

just like the people who own them, every business is different. but every one of those businesses will need legal help . . .

[laughter] stuart: they are trying to crack down on the trolls, the people with the stream of hate that comes at you all of the time. they are trying to do many times. they are trying again. >> that's why they couldn't sell themselves, dye any were thinking op buying them. too much twitter abuse. it's really ruining the and reputation and now they are coming up with yet another way to filter, not stop abusive content. one other way that they are starting to do is to ban people who have been blocked from trying to come back on and enter new accounts. that's one way. another way that they are doing

it. stuart: the judge, heavy duty sigh right there. freedom of speech. >> it is. stuart: you're a private company and you can do whatever you want. if you want to say get lost, get lost. >> something can be stupid and institutional and something would be immoral but lawful. [laughter] stuart: do you remember when we turned your laugh into a ring tone. >> i walk intoed a restaurant and i heard my laugh coming from the back of the restaurant as i opened the door. stuart: did you make any money on that? >> no. >> a wake-up alarm. stuart: we sold it for 99 cents each. i have to tell you again that president trump is formulating

an executive order which will keep gitmo open. i think we had that before. you know about that. this is a reversal of president obama's policy, not an executive order but policy. moving on from there. i have to get to what the president said this morning, he was talking about the ninth circuit court of appeals and the issue that's before him, his travel restriction. he stood up in front of a group of law enforcement and he quoted chapter and verse the law as it stands. he quoted it directly for the justices looking at the case. watch this. >> if you were a good student in high school or a bad student in high school, you can understand this. whenever the president finds that the entry of any alien or any class of aliens united states would be detrimental to the interest of the united states. he may by proclamation and for such period as he shall deem

necessary, so here it is, people coming in, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants or impose on the entry of aliens any restrictions he may deem to be appropriate. stuart: as as the president said, a bad high school student would understand that law as written. >> yes. the laws are not usually read with emphasis. that's his style. this is following the text of the law and not imposing political philosophy into the text. if the trial judge had done, we wouldn't have had the circuit court argument. the circuit

judge do that, executive order will be enforced while trials are going on. stuart: why don't they do that? >> yes, yes. stuart: are they playing politics with this? >> i was as troubled by this like you, discuss he perform any studies before he chose the seven countries. he doesn't have to perform any studies. does state department agree with the obama state department, these questions are irrelevant so the answers are meaningless. stuart: whenever the president finds the entry of any aliens in any class of aliens in the united states he may be proclamation and by such period he shall deem necessary suspend the entry of all aliens. >> he's on a sound and legal footing. stuart: elizabeth has been trying to get our attention for a long time. >> i have a question f it gets bumped to the supreme court would ruth have to excuse

herself because she said she would move herself? ashley: does the president have the power, constitutional power to do what he did with this executive order? >> the state of washington and minnesota persuaded the trial judge that the exercise of the power was inappropriately motivated because it was aimed at a religion and the president can't make decisions based on religion. where did they get that from, the language they quoted the president when he was a candidate and from language rudy giuliani said when he was introducing the president that language is irrelevant to the exercise of governmental power. stuart: we have with us representative claudia.

>> she's a great lady. [laughter] stuart: she's a wonderful lady, quite frankly. you want to give us your input on this, the circuit of the appeals court. >> it's ridiculous and i don't have a lot of time to watch what was happening last night, i was traveling here. i'm an attorney also. i just don't see how all the speculation by the judges was really inappropriate. that's what i thought. they are imposing facts that aren't there to make a decision that should not have to do with that. i thought it was highly irregular. stuart: mr. trump, you cannot do that, you play politics, that's a real problem, judge. >> if they do have and the supreme court splits 4 to 4, we do have a crisis. your colleague chuck schumer, the other house will do anything he can to confirm gorsuch so the

stalemate can continue. stuart: is it congresswoman? >> that's fine. i'm happy with the title. stuart: welcome aboard. the democrats have this policy of blocking everything, delay and reject absolutely everything. there are sign this is morning that some democrats are saying, wait a minute, we are going too far, maybe this hurts us politically in the long-term. what do you think? >> i think they are finally coming treale that it's not a good idea to be so obstructionist. when i go back to my district, people are happy with what the president is doing generally, they like to see someone who is not a politician, someone who said i'm going to do x, y and z, the only thick i would say about the president he's rushing it a little. he could take some time but the democrats obstructionism and schumer probably won my district, i'm not sure, i heard a lot of negatives of schumer from my district, the firemen,

the police and a lot of seniors saying let's get stuff done and taxes reduced. >> you represent up state new york? >> new york 22. stuart: i think that the president is going over the heads of the media and speaking directly to your constituents, are they hearing his message or are they hearing what's in the media about obstruct, delay, the president is this, that and the other. who are they actually hearing? >> i think they hear the president and honestly people are sick and tired of being told by whether it's albany bureaucrats or washington bureaucrats, this is what you should be doing. we have the highest taxes in the nation pretty much. we have some of the highest regulatory burdens, we have some of the highest energy costs, as someone who is coowner of a manufacturing business that's been around over 70 years in my district, we are struggling make it as well. all of the people in my district feel that, all of the manufacturing facilities. we would like to bring some of the manufacturing back, lower taxes. what the president is talking

about and we are the rust belt of new york bringing back lower taxes, sensible things but we are up against not just the democrats in congress, we are also up against the new york legislature which has a progressive agenda. stuart: we know it well. hold on, we have more on gitmo and executive order. ashley: we do. look, what we are hearing from sources within the trump administration, what we can expect on gitmo is not exactly going to move the earth, quote, unquote. it's rather the order will be intend today start changing changing the culture with regard to gitmo. they say there's no need for executive order to keep it open. it's already open, 1600 civilian and military personnel. it says what we are going to do is signal to the u.s. and war on terror is shifting back to the approach of capture and learn rather than not kill and sweep up. stuart: that's important. at the moment we drone them and kill them and you can't

interrogate them. ashley: now get intelligence. >> that's such an important point what you made about drone and kill because that gets people overseas, jihadi's upset and that's underreported issue. >> the constitution doesn't and the laws don't and basic morality. [laughter] stuart: surely you would be in favor of this, capture, interrogate them in whatever you come to terms. >> any way in accordance with the law. stuart: change the law. [laughter] stuart: you do think -- [laughter] stuart: you do think tom brady is a cheater, don't you? >> not only is his jersey

missing but the game ball is missing. stuart: the jersey as well? >> yes. [laughter] stuart: she's from new york state. of course, she's going to be a giants fan. [laughter] >> very. go pats. stuart: uber, liberal senator elizabeth warren silenced after calling jeff sessions a disgrace, you will hear all about that in a moment. very sad news from louisiana. seven tornadoes touched down. some near new orleans, major damage reported, homes leveled and at least two people seriously injured

>> i'm nicole petallides: up arro recently. we are seeing pressure on the markets, stocks are falling ong with oil. dow down 41 points, down a quarter of a point. and we are seeing s&p 500 down one. nasdaq was in positive territory. could see a record close once again. several movements on the nasdaq as it could be on track. we are looking at o'reilly

automotive. drug makers disappointing. as a matter of fact, falling the most in over two years and the lowest level in almost three years, we are also watching time warner now on the move and goodyear tire. [vo] quickbooks introduces jeanette and her new mobile wedding business. at first, getting paid was tough... until she got quickbooks. now she sends invoices, sees when they've been viewed and ta-da, paid twice as fast! see how at quickbooks-dot-com.

stuart: spoken socialist senator from massachusetts elizabeth warren was shot down on the senate floor last night. watch this. were he is, i believe, a disgrace to the justice department and he should withdraw his nomination and resign his position. >> you stated that a sitting senator is a disgrace to the department of justice. >> i call the senator to order under the provisions of rule 19. >> you can't demean a senator fellow so senator warren was banned from the rest of the debate. fox news politics editor. [laughter] >> i think the democrats are making a mistake by putting senator warren out front in a very attacking moralistic mode. i say that because she cheated

on ethnicity to get a job at harvard law and she has been a house flipper. i don't particular like taking moral lectures from someone who has not told truth on ethnicity and flips houses. >> well, certainly you are given broad latitudeor what you like and don't like. [laughter] >> you have agency in that regard, my friend. however, i don't think the democrats put her forward. i think she put herself forward. she has weak poll numbers in massachusetts, i think that she knows that he reelection bid is no -- not only does she have potential problem in the general election if trump is successful and popular there are plenty of scott brown kind of republicans of massachusetts that could make life hard for her in general election, she has a primary to think about. she knew exactly what she wanted to do and she may have we wanted to create the outcome. she knows that you're not allow today personally engage on fellow senators on the senate

floor, ever since the one guy, they have been sticky about that point. she knew what she was doing. she wanted the attention, she was ready to go live on facebook afterward. stuart: i should say that senator warren was quoting from a letter many, many years ago and since she made that quote on the floor of the senate, three other senators have read the same letter in their entirety. i don't believe that they have been banned. but the news this morning, chris, is that there are some democrats begin to go -- beginning to say, wait a minute, we don't want to be dragged all the way to the left, reject everything from donald trump, they are saying, wait a minute, that might not be a success in 12018, is this a beginnings of a moderate democrat coming out again? >> no, let me put it slightly

different spin on that which is i think this is some democrats returning to their liberal roots. the purpose of progressivism, the purpose of american liberalism was traditionally to make life better for working people. that was the idea, that was focus, antiracism, antifeminism, all of these things became the cause of liberalism in the past ten years or 20 years and they forgot about taking care of the voters who put them in power. the roosevelt coalition, the things that make possible democratic control of washington. they forgot about it. democrats are starting to wake up to the possibility that maybe just maybe they ought to be economic populist because that works better. donald trump showed them that. stuart: okay, come back soon, i want to know the names of the people who are leading this moderate, getting back to the roots of the democrat party. >> i have them in this pocket, i will tell them next time. stuart: next time. [laughter] stuart: thank you, chris, we appreciate it.

more on this coming up next hour when niel cavuto talks to dr. martin luther king's niece, that will be on coast to coast starts in just a few minutes time. iran is a supreme leader stepping up the antiamerican rhetoric ahead of founding of islamic revolution. planning a day of protest against president trump this friday, more details in a moment ♪

approaching medicare eligibility? you may think you can put off checking out your medicare options until you're sixty-five, but now is a good time to get the ball rolling. keep in mind, medicare only covers about eighty percent of part b medical costs. the rest is up to you. that's where aarp medicare supplement insurance plans insured by unitedhealthcare insurance company come in. like all standardized medicare supplement insurance plans, they could help pay some of what medicare doesn't, saving you in out-of-pocket medical costs. you've learned that taking informed steps along the way really makes a difference later. that's what it means to go long™. call now and request this free decision guide.

it's full of information on medicare and the range of aarp medicare supplement plans to choose from based on your needs and budget. all plans like these let you choose any doctor or hospital that accepts medicare patients, and there are no network restrictions. unitedhealth iurance company has over thirty years experience and the commitment to roll along with you, keeping you on course. so call now and discover how an aarp medicare supplement plan could go long™ for you. these are the only medicare supplement insurance plans endorsed by aarp, an organization serving the needs of people 50 and over for generations. plus, nine out of ten plan members surveyed say they would recommend their plan to a friend. remember, medicare doesn't cover everything. the rest is up to you. call now, request your free decision guide and start gathering the information you need to help you keep rolling with confidence.

go long™. ♪ stuart: supreme leader of iran threats president trump, iranians will take to the streets on friday. here is exactly what he said. president trump said be afraid of me, people will respond to this on the anniversary with their presence in the streets and will show what stance the population takes. ashley: you will expect lots of american flags being burned. death to america. the trump administration, we talked about this earlier, is considering a proposal that would designate islamic revolutionary guard as a terrorist organizati. what you're seeing on the screen right now is what you're going to see on february 10th. stuart: a lot of it. ashley: if the revolutionary guard is designated as a terror

organization, that will bring in new sanctions, we are already upset that the trump administration has put in some individual sanctions and companies, hey -- stuart: here it comes. >> they've been put on notice with the trump presentation. stuart: we will have the demonstrations on air friday morning because they will be taken in the afternoon in tehran. there's a fight broken out between the new york post and amazon. it started with this headline which was in the post, of course, here it is. inside amazon's robot run super market that needs just three human workers. that's pretty dramatic. jeff bezos who is the cofounder of amazon, he takes exception, why? >> he tweeted, he said this, whoever new york post, whor your anonymous sources are in the story, they have micked up their meds. [laughter] >> the story basically said big mega brick and mortar market run

by robots, jeff bezos pouring water in the story. stuart: not going to happen. [laughter] stuart: we will have for you more varney after this

♪

shopping network. tonight forget we've had other department stores who do the same thing. neiman marcus and nordstrom. >> and rapid fire donald trump tweets about this. he said can i read that, please, on the following? i can't read that. >> my daugherty have to think ahab treated so unfairly by nordstrom. she is a great person. always pushing me to the right thing. terrible.

>> what do you say, liz? liz: what are you politicizing shopping for and politicizing clothes for? effectively i'm paraphrasing. >> everything's political these days. the super bowl was political, for heaven's sake. >> no, thank you. >> i'm about to hand it over to neil cavuto. nonetheless i could not read what was on that prompt moments ago. so, neil, i am uncovered as requiring lenses . neil: you need a prompter? fantastic. i love how you are like a dog with a bone because you think you are onto it. it is the defining moment of these markets and this young presidency. and it's important. >> it's a very important story. you've been leading the way on this on fox news channel and on coast to coast. i think it's one of the most important stories there is for investors in our audience.