because his daughter's clothing line fell through. you think he will let something happen to the real estate market? most of his net worth is in the real estate market. [closing bell rings] hard to see any bad ones in the real estate world. that is where we overweight. liz: steve dudash. that is record for nasdaq. david, melissa, they keep coming. neil: at least one of them. blue-chips bucking the trend. the dow ending lower of the day coming off the third highest close yesterday. but another big win for the nasdaq closing at a brand new record high for the second day in a row. s&p 500 climbing into the close. i'm david asman. melissa: i'm melissa francis. this is "after the bell." we have you covered on all the big market movers but here is what else we have for you at this hour. big names in business visiting the white house today. vice president pence wrapping up sit-down with fedex ceo fred smith and the head of intel making a big announcement earlier.

we'll take you there live. over on capitol hill after weeks of delays and contentious debates the senate will finally vote on attorney general nominee jeff sessions. democrats are on the floor at this hour still fighting the to block him. tensions running high after the rebuke of elizabeth warren last night. attorneys making their case to a federal appeals panel to reinstate president trump's travel ban. we could get a ruling on that at anytime. neil: we have a lot more information on all those stories but first back to the markets. the dow ending the day slightly lower. they were dragged down by shares of jpmorgan, goldman sachs and boeing. oil moving in the opposite direction. a big surprise given results of a new report. phil flynn watching action from the cme. lori rothman on the floor of the nyse. you're following new records in tech. >> you said i, david. nasdaq once again second session in a row closing at record high. most big names on the nasdaq showed up with gains. tesla, ebay, mondelez, ross

stores. a broad range of companies climbing today. look particularly at shares of facebook. new record high for the social media company. basically the news. neil: expanding a safety feature. they're calling it community health. netflix had a big day today. news with facebook, looking to expand consumer product sales. in other words they will license some of the characters from popular shows like stranger things. we saw trailer for second season. books, comics toys, potential endless revenue streams for netflix. turn your attention to wells fargo. it is in the news a lot, we want to bring attention to breaking news the board may eliminate bonus for the bank's top executives for 2016. the company is saying cuts are showing accountability for the bank's overall performance, not culpability.

wells fargo not feeling all that guilty for millions of fraudulent accounts and credit cards that opened. back to you. melissa: thanks, lori. phil, oil still managing to end in the green despite a report of second highest weekly build of supply on record. that was huge. >> it was huge, and it blindsided the market. nobody was looking for that number, melissa. everybody was scratching their head. after the number came out everybody said where did the oil come from? it came from the strategic petrol crumb reserve! that is it where a lot of it came from. six million barrels of increase was reclassification supplies. it was the strategic petroleum reserve. shell brought it. it goes into commercial inventories up six million barrels. not only that, we call a report came across the wire from the department of energy. they will sell another 10 million barrels of oil from thspthis month. th mns w see 10 million barrels more go from the strategic petroleum reserve

into commercial inventories. that will be for sale. that will offset some opec production cut where compliance is at 91%. it has been an amazing day. oil coming from everywhere. back to you. melissa: phil, thank you. neil: it has been an amazing day at the white house as well. vice president pence just wrapping up a meeting with my hero fedex ceo fred smith. president trump was welcoming intel's ceo into the oval office where they gave a speech what they will do with a new plant here in the u.s. fox business's blake burman who could not be refuse ad question inside the press scrum in the white house. joins us with latest from the white house. blake. reporter: david we try and certainly ask. another day at white house. high level sees yes, sir coming in and out -- ceos. fred smith walked out of the west wing just minutes ago. he was scheduled to meet with the vice president. also on the vice president's call sheet was elon musk and

space ex-and tesla. brian from intel. they hoped 7,000 jobs would be created around the arizona area where the manufauring jobs would be coming from. a $7 billion investmt the ceos says. he basically said it is the environment, the business environment, the economic environment surrounding this new administration which led to this decision. listen. >> it is really in support of the tax and regulatory policies we see the administration pushing forward that really make it advantageous to do manufacturing in the u.s. reporter: david, you heard him there mention tax policies that made him come to this decision. i asked a white house official early today, did the president lay out a timeline of potential

tax policies to mr. krzanich. they said, no a timeline was not discussed. they pointed just general overall environment. by the way expected to be another busy day here at the white house tomorrow as airline executives make their way here to the west wing. neil: we bless you blake, for asking that question. melissa: ask every day. every day. neil: blake, good stuff. appreciate it. melissa. melissa: we're counting on him. ask every day. unhappy with their ceo in the white house, over 1500 ibm employees signing a petition because they don't want their ceo to have a seat on president trump's business advisory council. joining me jonathan hoenig from capitalist pig hedge fund. gary kaltbaum, kaltbaum capital management. they are fox news contributors. gary, don't ma any sense to me. like ceo of uber as well. you can very much dislike donald trump and his policies but as an investor or employee don't you want your ceo to have a seat at table so they can have

some influence even if you hate the guy? >> corporations and politics, you should have influence. this makes absolutely no sense whatsoever. unfortunately it is now an industry. there is an actual industry of anti-trump. they might as well go public with the symbol anti. to me this makes no sense. but it has got momentum. it will continue ad infinitum at this point. right calls them hypocrite. left calls them heroes. it will continue going forward. melissa: jonathan, if you look at the way he attacks people he doesn't like or companies he doesn't like what they're doing, wouldn't you want to be friends with him? wouldn't it make sense to at least argue your point, no? >> i think that is what makes so many of these companies and employees brave, melissa. the president just doesn't have power of speech, he has got the guns. he is the commander-in-chief and these silicon valley entrepreneur understand value of immigrant, ebay, yahoo!, google, instagram.

they were started exclusively or co-founded by immigrants. in these employees and these companies best interests not to saddle up and sanction objectives of the president. that's why they're doing it. neil: whether it is bravery or playing with fire, companies like caterpillar, recollection in order calling president trump's bluff. what are we doing down there, what do you think? >> there will not aboarder tax. i don't think trump is stupid enough to kill the consumer. that is exactly what happens. trump calls himself a capitalist. there is no capitalism when you pound away at companies for doing what they wand to do. i would rather state in the nights versus going but in their right to do whatever to cut costs for them.

david: of course it is their right. >> cut costs for them maybe s i'm against what trump is doing. hey, i have no say in the matter. david: i'm interested what gary said. he says there will not aboarder tax. do you agree with him? a lot of people disagree. >> i hope not, david. the president threatened that from the early get-go. i'm from the school you don't pull a gun and pull the trigger. outsourcing makes america more profitable. that money saved can be reinvested into new jobs. you can get a job in america as a fake doctor at the american girl store giving fake operations to kids dolls. that only happens in wealthy country. david: you lost me at beginning of that analogy you but we have to move on. melissa go ahead. melissa: politics or business. jet.com, style.com, belk, joining nordstrom as companies saying no to ivanka trump's clothing the president is a little ticked off. my daughter ivanka is treated

unfairly by nordstrom. she is great person always pushing me to do the right thing. this is terrible. gary, i wonder about with this one, she is someone who is pushing a pro-woman agenda. she got out there and talked about more paid leave for new moms. do you think that this is a smart business move for these companies? >> well, look, i don't know about you but if i had a daughter i would want her to act, sound and be successful role model like ivanka trump. the amazing part the left, bastion of tolerance are pushing companies to do it. they're falling for it. they're moronic. i see what is happening all over social media. people upset with this will stop shopping at these places. for some of these retailers where business is not very good right now, it will only get worse. this is absolute mistake. believe me they have the right to do whatever they want to do but total stupidity. melissa: jonathan, do you think that is could backfire? >> well, what i'm worried about

is president getting involved. miss trump is very successful businesswoman, entrepreneur in her own right. what worries me melissa, when the president starts getting involved from the potus twitter account. the president not a private citizen anymore. melissa: it is his daughter. you can't attack his daughter and expect him to say nothing? it is his daughter. any paint knows that. you can't go after someone's child not to expect to get a response. >> you know, it is hard to believe that dropping someone's business line would be considered an attack. that is business. no one knows that better than the trump family. melissa: i don't know, jonathan. guys, thank you. david: i don't remember this because i'm too young but i read about harry truman defending his daughter. his daughter was singer. melissa: had nothing to do with politics. david: i attacked reviewer that gave her a bad review. this has been going on a long time. melissa: it has nothing to do with politics. coincidentally dropped her right now. it is just a coincidence.

david: we don't believe it. science fraud again. questions whether the obama administration ignored data in slowing down of global warming. lawmakers are demanding answers. melissa: ahead of tonight's big vote senate democrats are fighting tooth and nail nominee jeff sessions. one democrat is speaking out against them. maybe time to take a chill pill. david: might want to hear about that. as we await for a decision from the ninth circuit court of appeals on president trump's immigration order, the president warning again about our risk to our national security. >> 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.

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results. lori with the numbers. go ahead, lori. >> it is not pretty for whole foods, david. let me tell you off the bat, shares down in reaction off 3%. missing top and bottom line. earnings per share 30 cents versus 39 cents per share expectation. $4.9 billion. that is a little soft, a little light of $4.98 billion quarter that was expected. same-store sales in the time period down 2.4%. in the previous quarter they were down by 2.5%. whole foods as you know is struggling with slowing sales. the company is even telling us in this earnings call they will no longer report quarter to date same-store sales going forward. in terms of their full year, 2017 financial outlook, they're only predicting sales growth of 1 1/2%. the theme for whole foods, slowing sales growth. we do know they started this 365 lower cost brand, and there have been some analyst concerns that because the brand is attracting

younger people with lower ticketed grocery items it might in a way cannibalize the flagship store. one last check of whole foods in the extended session down 3 and a quarter of 1%. david: get control. melissa. melissa: ruling on trump's immigration ban expected a the any moment. what happens next? our own adam shapiro is live in d.c. with the latest. adam. reporter: everyone is wondering, right, melissa. the fight will continue despite the ninth circuit court of appeals ruling we expect perhaps thursday or friday. the question before the appellate court is simple one. should judges stay the restraining order and the temporary travel ban that stops entry into the united states for citizens from seven specific countries. u.s. is expected to appeal the decision to the u.s. supreme court. the rejudges that heard the appeal.

william cam beand friedland and. at one point judge clifton asked the attorney for the state of washington how the executive order could be a ban of muslims when muslims from most countries in the world would still be able to enter the united states? >> i have trouble understanding why we're supposed to infer religious animus when in fact the vast majority of muslims would not be affected as residents of those nations. reporter: and judge friedland asked the lawyer for the federal government why president trump's motivation for the executive order, should or should not be considered? >> we're not saying the case shouldn't proceed but it is extraordinary for a court to enjoin the president's national security determination based on some newspaper articles. and that is what is happened here. that is not, that is very troubling second-guessing of the national security decision made

by the president. reporter: melissa, the losing side is expected to appeal the decision to the u.s. supreme court. justice anthony kennedy, that justice could decide if a future appeal will actually be heard by the high court. back to you. melissa: wow, a lot to follow. adam, thank you for that. david: of course what judges are supposed to do is decide whether or not a party's broken the law. in the case of president trump's order on immigration the law seems to be pretty clear, in fact the president himself read a part of it for us earlier today. take a listen. >> whenever the president finds 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, suspend the entry of all aliens. right? that is what it says, a bad high school student would understand this. david: so if the law is clear, why are the judges from the ninth circuit talking about

things that are not in the law? here is gregg jarrett, a fox news anchor and former defense attorney. the president didn't miss reid the law, did he? >> no. he read it basically verbatim it. the constitution gives power to congress to regulate immigration. congress passed that law you just heard the president read, which, allows the president to exclude anybody he deems to be a vet. that is what the president has done here. but if you listen to these judges last night, my goodness, they're asking what evidence does the president have? is it really a risk from these countries if any of these individuals from these countries been arrested on terrorism and so forth? their sole job, these judges is to determine does the president have authority, not whether he is exercising the authority. david: judges are supposed to rule on whether somebody has broken the law. we heard the president describe the law. what those questions that you just repeated, what the judges

were asking aren't in the law. so the judges are not doing their duty. >> look the supreme court has said, congress and the president have plenary power, complete you power on immigration. and the high court has also said, es are not supposed to second guess and intve in part because judges don't have classified intelligence on national security. the president does. and yet, these judges last night were essentially asking, give us the classified information so we can decide whether the president is making a good or bad decision. presidents are allowed to even make bad decisions. but as long as they're doing it based on national security to protect americans, it's legal. david: the point is, this thing is going to the supreme court at some point no matter who wins or loses. that means it could be months, right? >> no. except this. look, this is just a placeholder order by the president, to buy some time to put his extreme vetting in order. he can accelerate that.

he can put it in place, next two three, four weeks. when he does that he revokes the earlier order and poof, all of these lawsuits go away because there is nothing for the judges to resolve. david: but it's a teaching moment. it's a moment when we really realize how judges are trying to make law from the bench rather than just enforce the law that are on the books. >> and i waited for somebody to say last night to these judges, your honors, do you understand that your own court, the ninth circuit, has upheld the power of the president to make this decision on immigration? david: gone over their heads. >> they don't even seem to know or remember that. dad:r remember. that is a good point. greg, thank you very much. appreciate i melissa. melissa: critical condition. the gop vowing to repeal or replace obamacare but it might be easier said than done. why republican lawmakers are beginning to fear for their safety. president trump is not letting the mainstream media off the hook. next howard kurt weighs in on the president's fight against fake news.

>> they take something that should be a good story, this is going to be a nice to read, whoa, around they will purposely, totally change it away. it is fake news. just like the people who own them, 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.

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melissa: the brander in chief, first president trump coined the phrase, "crooked hillary." you can't forget little marco. there was that one too. now the president created label fake news. look at article from the federalist that president trump shared via twitter. 16 fake news stories reporters have run since trump won. howard kurtz, host of "mediabuzz," fox news media analyst. this is one thing, howie, we realized early on, he is the king of branding. when it starts to the name calming it tends to stick. says a lot of thing. "crooked hillary." low energy jeb. >> low energy jeb. melissa: fake news threw it

at cnn sit down fake news, whatever it is. it is sticking to at least the mainstream media, is it not. >> president trump didn't coin fake news. he can't collect any royalties here but he has used it so often i guess it is get very associated with him. maybe he could take out some kind of a trademark. i think fake news blowing whits sill on journalists with made up stories is broad a term it is overused t. it used to be hoaxes, fiction, stories you can prove in 3 1/2 section as complete garbage. it is used by the president as any disputed story you don't like. melissa: i don't know. i would go a little further. because it still has the association it is untrue. but he is attaching it to things that maybe more opinion and can't be factually proven one way or the other. the other ink he has done really

cleverly i think, he has has been successful labeling at least to his followers a lot of the news media as liberal biased incorrect, out to get him and he established this, the only one you can trust, come to me directly. they're fake news. they're liars. come to me directly. obviously there is at least half the population that doesn't agree with that and goes to the other side but for a lot of people it seems like he is discredited much of the news dustry to ose individuals. where am i going wrong? >> it plays very well had his supporters. it did during the campaign and the transition and now. the thing i would question is, because as he has kept up fake news cnn, failing "new york times," by the way, president and his people have ever right to call out what they see as unfair and inaccurate reporting. i starting to question how much this helps him enact his agenda. he already is president. he is not trying to win a campaign.

and so, you know he has a lot on his plate. tax cuts, obamacare. this immigration, temporary ban. i think it is a rallying cry for people like donald trump. i'm not sure how effective it is with people who are skeptical of this president. melissa: so maybe to the extent where does it discredit their criticism of him? these are the same sort of news outlets, especially looking at something like "new york times" who just hammer, hammer, who are never going to be on his side no matter what he did. instead he is battling back saying you can't trust them, they are liars, does he neutralize some of their criticism at all with this tactic? >> yes, very much so and you know, he is aided in this war, the president has called it a war by the fact that there is record low levels of trust in the media. melissa: yeah. >> this is more on the republican side but actually across the board. so he may have more credibility than the press does. doesn't mean every time he says this that the story is wrong. he maye punching back but we're not real popular tse

days and the president quite aware of that. melissa: it's a brand new world, howard. thank you very much. more with howie kurtz. tune into media buzz saturday 11:00 a.m. on fox news. david: what is so funny the term fake news originally came from the left. donald trump came and took it. i don't hear much from the left anymore. president trump warning iran, the leader of islamic public dismissing the notion of putting iran on notice. lieutenant thomas mcinerney weighs in. sounds of silence. why senator elizabeth warren's speech on the senate floor came to an end. >> i believe she was surprised she was shut down. we will not longer accept the racist, bait and switch, race card situation. we need facts and which need solutions. oh, did i say there's only one special edition? because, actually there's 5. aaaahh!!

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david: we have breaking news on a very busy day. despite attempts from democrats we're awaiting a senate vote to confirm jeff sessions for attorney general. president trump slamming lawmakers for the hold-up tweeting quote, it's a disgrace my full cabinet is still not in place. the longest such delay in the history of our country. obstruction by democrats. fox news mike emanuel is on capitol hill. i think he misspoke a little bit. george washington apparently had a tougher time but not since

george washington has it been this low, right? reporter: david, you're absolutely right. that frustration is shared by many republicans on capitol hill, actively working trying to make progress. the senate is expected to vote on three more cabinet nominees this week. that includes jeff sessions for attorney general this evening, dr. tom price for health and human services, and steve mnuchin for treasury secretary. earlier mitch mcconnell encouraged his colleagues to support senator sessions. >> in his home state he fought against the forces of hate. in the senate he developed a record of advocacy for crime victims but also for the fair and humane treatment of those who break our laws. both when they are sentenced and when they are incarcerated. reporter: the senate has been meeting round-the-clock since lunchtime on monday. democrats have been burning the clock up to 30 hours per each cabinet nominee. democrats spoke late night why he is opposing sessions.

>> nobody here is questioning jeff session's love of country. nobody here is questioning his kindness and his collegiality. sometimes love requires telling the truth. love requires not being silent. love isn't politic. sometimes love breaks traditions. reporter: only power democrats have when you count the votes is to delay but democratic sources tell me that basically the base wants them to fight, so they are fighting each one. david? david: i don't know about using the word love. melissa: give me a break. david: inside of the beltway. mike emanuel, thank you very of. melissa. melissa: conflicts on capitol hill. senator elizabeth warren silenced on senate floor. senate majority leader mitch mcconnell accusing her of violating the rules after she blasted senator jeff sessions by quoting a letter from coretta

scott king but senator warren is not taking any of the blame. listen to this. >> this about coretta scott king's letter. that is althis is about. she wrote a powerful letter about an important moment in history, that directly involved jeff sessions. and it is directly relevant to the question of whether or not jeff sessions ought to be the attorney general of the united states. and mitch mcconnell didn't want me to read that letter. he stopped me. melissa: here now is guy benson, down hall political editor and fox news contributor. steve murphy is democratic strategist. guy, what do you think of this battle? >> well, i am kind of a mixed mind on this, melissa. a few points. first i think that elizabeth warren often engages in cheap demagoguery including against jeff sessions. i do think if you look at rule in question, rule 19, she was in violation of the rule. she was warned, and then mcconnell came and sort of dropped the hammer last night.

i also happen to believe that the rule is stupid. i think it is ridiculous. that you can't criticize a sitting senator in certain terms when you can criticize anyone else in the country or the world from the senate floor. i also think that by doing what they did, senator republicans elevated elizabeth warren's statement and her speech and her point from a late night c-span audience to the whole country by pulling this power play. i think that probably was a strategic blunder overall, or at least a tactical won. melissa: i think you're right. it totally backfired. here is the senator who told the elizabeth warren to take her seat last night. let's listen. >> i didn't go in looking for a fight. i didn't go in there looking to invoke rule 19 but as the presiding officer, you listen to what is being said on the floor of the united states, and we need to hold both sides to a i here standard, to insure that we have civil discourse.

melissa: steve, where has the civility in politics gone? i'm outraged. >> i don't think there ever was that civility in politics. melissa: no, there wasn't. >> that's a total myth. i've been doing it for 40 years and i don't remember any civility. melissa: yeah. guy, i think you're absolutely right, that one of therobls is, she then read it on facebook. now she looks like a martyr. >> yes. melissa: a woman who was shut down trying to make her point. >> melissa, think about this, the optics of it. having a woman being told literally to sit down and shut up while trying to quote coretta scott king. context matters. it is justifiable under the rules. i just have a problem and a quibble with the rule. i think this was heavy-handed and unnecessary and plays into her whole narrative she is the martyr. she is this wonderful heroic fighter. i know there are some school of thought, mcconnell, republicans are deliberately trying to elevate her because she is such a divisive unpopular figure nationally.

i don't know, democrats will raise a lot of money off this. it doesn't look good at least for republicans. >> might be too smart by half. republicans fearing for their safety. democrat protesters targeting town halls and offices of republican lawmakers in opposition to repealing obamacare. this is according to "politico." house gop members now tasked with creating a strategy to protect themselves. steve, this is, i mean, this is going far. >> you know, first of all, this is really rich in my mind that the members of congress who were poised to take health care away from 20 million people feel afraid for their own safety. it is the people that they're taking health care from who are going to end up being unsafe. they will not be able to take their children to the doctor. melissa: are you advocating violence against these lawmakers? >> what violence has there been? this is no different than the tea party. there has been no violence whatsoever.

melissa: what bull the protests erupted -- did you see the video from berkeley? did you see what happened on that campus. >> one what member of congress has been threatened by violence? melissa: guy, what do you think? >> my response, first of all, we've seen violent protests from the left in other places. i think it is smart to device a strategy to keep members of congress from either party safe. i also think that republicans should recognize that some rowdy crowds is not tantamount necessarily to physical violence. the tea party did their thing to great effect in 2009 and 2010. if the left can do the same and keep it, not necessarily civil but non-violent and peaceful, that's fine. but i don't think that it is okay to say, well they might be taking health care away from people and therefore sort of imply that threats of violence or physical violence might be okay. >> i didn't imply that. >> president obama took health care away from millions of people. melissa: we have to run. david: breaking news. president trump's nominee for

the supreme court, neil gorsuch is meeting with democratic senator claire mccaskill. now she is from a state that voted for trump. so she has to at least look like she is being impartial on his nomination. gorsuch making the round on capitol hill. this is his fifth meeting with a senator today. he seems to be focusing on democrat right now. brand new list of terrorists that came into our country from the seven countries which president trump wants to temporarily limit immigrants, will this list make the white house's case? plus misleading climate data from the nation's top scientists. the shocking claim from a government whistle-blower, wait until you hear this, coming next.

david: there inew evidence suggesting that the organization consider to be one of e world's leading sources of climate information actually rushed to publish a paper that exaggerated climate change in order to influence international policies about global warming

that is set forth by the paris agreement. fox news's doug mckelway is standing by inside the beltway with details of this potential climate science fraud. this is extraordinary stuff, doug. reporter: it is, david. the whistle-blower a guy named john bait who retired as a respected climatologist at national oceanic atmospheric administration. he wrote a blog piece that he indicated noaa intentionally manipulated data to highed a 12 year pause in global warming and that was key in where western nations agreed to spend billions of dollars in fossil fuel use. in exclusive interview sunday with the "daily mail," that they had data pro buoys and threw it out and corrected it using bad data from ships. you never change good data to agree with bad. that's what they did. to make it look if the sea was warmer. bates's allegations became central focus of house hearing

on epa and politicized science. >> we have every reason to be skeptical that the scientific community is maintaining its integrity. reporter: in thasa hearing the ceo of the american association for the advancement of science defended the noaa study. said bates whistle blowing was overblown. >> all he is doing, is what is calling out a former colleague for not properly following agency standards. this is not the making of a big scandal. this is an internal dispute between two factions within an agency. reporter: in a statement sent to fox news noaa stands behind the world class scientists. noaa takes seriously any allegation its internal process have not been followed. we will review the matter appropriately. bates told fox news late yesterday he has no kind of a personal vendetta with anybody at noaa. he was simply focused on concerns he raised about the

fudging of those numbers around hopes there is opportunity to address issues. david: i'm sure this has not escaped interest of president donald trump. doug mckelway. thank you. reporter: my pleasure. melissa: president trump may be making a move to another campaign promise, keeping guantanamo bay open. there is now a draft executive order circulating at the white house that would keep the detention center at guantanamo bay operating. david: for all the bad dudes that are there. taunting the president of the united states. how iran's supreme leader is dismissing president trump's warning to the country and issuing a new one of his own. scrambling to enter the u.s. ahead after court decision. president trump says the legal battle over immigration is putting our safety and security at risk. next. lt. general thomas mcinerney responding. what powers the digital world. mmunication.

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♪ david: protecting vulnerable citizens as we await the appeals court decision on the i am -- i am min graduation ban that -- immigration ban that may come as early as tomorrow. president trump says blocking order is a risk to our national security. >> our national security is at risk around it will be at risk until such time 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. david: the president then taking to twitter to quote, say a big increase in traffic into our country from certain areas while our people are far more vulnerable as we wait for what should be easy hd. d for decision. retired lt. general thomas

mcinerney, retired general and fox analyst. the terror list from those seven countries that the president pinpointed, he wants to slow immigration from, for all kind of things. these are the countries the terrorists have been charged in many cases. they are now also serving time. is that why the president acted as he did because he got this list? >> absolutely but he got more. number one the president identified the threat as radical islam. when he was down at centcom couple days ago the fact he told them what the threat was, radical islam. they had been used to that term of violent extreme it, i know not the ideology. he is taking key areas and is concerned with the emigration which is called hisrah, immigration that moves jihad into different countries. david: by the way, general, this list i have in my hand, people

can get going to the fox business website, eventually by tomorrow it will be common currency, you're saying that there is a lot more to this list than what we have right now and it's that extra stuff that he gets in his daily briefings he was responding to by the temporary ban? >> i rest my case. your case. you're spot-on. it is already started. and this president is recognizing it. he is trying to stablize it. and get the facts, and now of course you have got democrats gone judge shopping, found them in the nineth circuit. we know what their answer is going to be. fundamentally they're saying the president doesn't have responsibility for national security. it makes no sense. david: let's move on to iran because they are saying they know the true face of america now. the supreme leader taking himself to twitter slamming president trump and u.s. decision to put iran on notice about its missile tests.

trump says be scared of me. no, iranians will respond to such words with february 10 rallies. they will show their position towards threats. general, what do you think? are these empty threats they're making now? >> yes. everything they're doing is empty. of coursthey have got the best deal in the whole world when they got $150 billion from obama and miss adminstation, all they did was get to modernize their nuclear capability so they would be more capable five years from now, rather than now. so, they now know they have a formidable opponent. what this president must do, he must marshall both allies in the middle east and in europe and then start covertly taking care of that problem in the middle east. remember, these weapons he is testing, the missiles, the warheads are being made in north korea. they have already detonated five nuclear weapons. so they're doing missile testing. david: general i have to move you on quickly to yemen. we have only 10 seconds but "the new york times" says yemen wants us out. we got word from the yemen folks

that no, they don't want us out. is this more fake news from the "times" or what? >> it is. yemen is reassessing, their foreign minister said they were reassessing but they don't want us out, david. david: general thomas mcinerney, always good good to e us, sir, thank you very much. >> thank you, david. melissa: for those who prefer pizza to fine china dominoes is looking for a way for wedding guests to give the bride and groom what they really want. ♪ over 400 medications can cause a dry mouth. that's why there's biotene. biotene can provide soothing dry mouth relief. and it keeps your mouth refreshed too. remember while your medication is doing you good, a dry mouth isn't. biotene, for people who suffer from dry mouth symptoms.

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variety of pizzas. stewart varney has 5 to 6 daughters. if usual. >> cheap person, why not go to come knows. mel require's a great product. >> if you were a good student in high school or booed student in whose, you can understand this. whenever the president finds that entry of any alien or class of aliens into the united states would be detrimental to the interests of the united states, he may by proclamation and for such period of as he shall deem necessary -- here it is, people coming in -- suspends the entry of all aliens for any class of aliens as immigrants or non-immigrants.