>> breaking news this morning. a california appeals court refuses to enforce the immigration began. the senate voting at two in the morning to finally confirm tom price. the nominee to repeal and replace obama care. >> the president's comments to blake berman looking higher again today. another record date.

let's look at it right now. they are she's not two and half% on comments from president trump ahead of the visit to the u.s. the shanghai composite ending the day higher as well. oil prices moving higher overnight. showing oil supplies falling. and demand falling. right now oil up 52 cents. >> investors in asia in the u.s. are watching closely. president trump meets with the prime minister today on the top of the agenda some thorny train issues. >> the rivalries duke and north carolina. russell westbrook is too much for lebron james and the cleveland cavaliers.

it's friday february 12 -- friday february 10. today the latest breaking news. president donald trump strongly criticizing the decision by the ninth circuit court and the travel ban. and the travel ban. it's a political decision that could hurt us. >> we have a situation with the security of our country is at stake. and it's a very serious situation. will accord as it is said the democratic senator welcoming the decision. i was pleased to see that the checks and balances in our system was working. i was pleased with the adult that it was effect.

the president is not about the law. legal experts say if they roll along party lines and is deadlocked a lower court's decision would stand. hillary clinton tweeted three-zero after this unanimous decision. we have also have news on the for the health and human services secretary has been cleared by the senate. the nomination is confirmed. they extended into the early morning hours. republicans may lean on pricing to take administration action.

the senate will take up the nomination to be treasury secretary next week which would be a rare saturday morning vote. it will start on monday with the final a final vote set for monday night. after president trump signals he would advance campaign promises to lower taxes. all three of the main indexes it closes at record highs yesterday. he plans to make an announcement that would be a phenomenal in terms of taxes that would beat within two to three weeks. republican congressman kevin brady on your world. >> does that mean corporate tax reform individual rate changes are done that is my strong preference. >> there is growth in both in the major way.

the best place on the planet. and blake burman has this from washington. that was a the message from the white house on thursday. in a meeting with airline executives they first set a business tax plan would be rolled out. it would be will be a comprehensive package including both business and individual relief. >> we are looking at rolling out the comprehensive tax plan. it will address both the business side of the tax ledger as well as the individual race. something we haven't seen since 1986. the window for tax reform begins. they will talker -- target repealing and replacing.

>> president trump has removed an obstacle that was standing in the way of relations with china. the white house said they spoke on the phone and agree to honor the one china policy. they had questioned the policy. they would use as a bargaining chip. when it came to economic issues insecurity. you may remember trump upset the chinese two months ago when they spoke with the leader of taiwan on the phone. >> east will meet west today. they're arriving at the joint base at the air force's basic last night and he will be the second foreign leader to meet with president trump since he

took office. the senior u.s. officials said president trump will confirm america's commitment to its security alliance with japan. also expected to discuss trade and economic issues between his country in the united states. resident trump in the deputy prime deputy prime minister will hd a joint news conference today at 1:00 p.m. eastern time in the white house. >> here at home democrats are looking to regroup falling big losses. will they keep the pressure on the republican controlled congress. peter barnes has more from washington. the house democrats wrap up an annual retreat in baltimore. they will receive a report on what went wrong for democrats in house races in 2016. a so-called autopsy report on the november election. but ahead of that the democratic leader nancy pelosi said democrats a new about a lot of the problems that cause

them to pick up just six seats last november. while we worked for working people all of the time we didn't connect that message in a way that was received. never again will we go into an election where people don't know where democrats see and. when she talked about where democrats can work with president trump on where they could not she repeated something she said at the opening of the conference on tuesday morning. >> has long as the president continues down this path there is nothing democrats can work with him on. to protect the security of our nation the future of our working families in the sanctity of our constitution democrats will fight this administration. every day with every fiber of our being. they promise they are working on a package of proposals and measures to in measures to counter republicans in president trump a crossed a range of policy matters mainly targeted to help working-class voters. >> peter barnes, thank you. a fire on a plane at jfk

airport briefly let up that runway last night. the small engine fire a cured just before takeoff on in argentina airline flight. a loud bang was hurt but when emergency crews arrived the flames were out. passengers were not evacuated and there were no injuries reported. the plane was escorted back to the gate. >> let's get you caught up on global market action overnight. take a look at asia. in particular today. you've all of the major indices in the green. big news with that conversation between china's president and president president trump. that gaining almost half a%. on the, about taxes. it's up nearly half a%. a big day for those markets. right now you can see all of that.

the german dax up nearly half of 1%. and you have the deal by mead johnson. by mead johnson today. and houses affecting your portfolio today. it looks like it will have a nice green open. may all of the major indices. last i sent let's see if we can do it once again. the nasdaq up at nine. and we are watching oil as well. right now were seen oil on the rise as we've seen supply dropping. basically the cuts were 90% effective. that is some good news there. and you can see oil gaining. it pulls back 1090 at 1225. >> with a big international deal to tell you about this morning and the consumer product space. they had agreed to buy u.s. infant formula maker mead

johnson. it makes french's mustard, clear sell but it gives them a foothold in the united states because mead makes in particular infant formula which includes if the mill. that is a big market. they're paying $90 a share. that's a 30% premium. the shares are up to 4% in the premarket. and here is one. that's one that they are definitely watching this money. they will nearly 11% in trading after the videogame companies. nearly 50% from one year ago. they also raised the quarterly dividends and announced a $1 billion stock buyback program. they are heading in the opposite direction falling more than 9% after the online review site. for the current quarter. that came in below expectations. in pandora media dropping nearly 2%. the internet radio company

reported a smaller than expected loss. with a lot coming up including this. fox news has learned that the database used for tracking refugees is vulnerable to computer hacking. this has been operating since 2011 without what is called authority to operate. >> the chief intelligence office has that story.

>> it's 5:15 a.m. here in new york. let's get you caught up on what's happening now. president trump vows to repeal courts refusal to repeal the travel ban. seen the band should not going to affect the courts consider whether goes too far in limiting visitors to the u.s. trump warned this year cutie of the nation was at the stake. he called the decision political. the senate was bennett that -- was burning the midnight oil. tom price for secretary of health and human services.

he was confirmed. sixty-two-47 putting them in charge of president trump's effort to dismantle the affordable care act. later today present traumas can meet with the prime minister. at the white house. it will be the second foreign leader to meet with trump since he took office. as senior u.s. official said president trump will reaffirm america's commitment to the security alliance with japan. they also expected to discuss trade and economic issues between his country in the united states. let's take a look at u.s. stock market futures right now. here we go again. they do again on a friday. there up 32. nasdaq up almost eight. and that is what is happening now. nasdaq up almost eight. and that is what is happening now. a debate over president trump's order suspending refugee admission. fox news has learned that the database used for tracking refugees is vulnerable to computer hacking. our chief intelligence correspondence has the

details. two months before the state department internal watch dog releases a report classified management alert because the refugee database was vulnerable to hackers. it's very unusual for action to be taken by the inspector general before the final report is revealed and the fact that it was sent before that indicates that they believed it was very serious. the inspector general also found that the world wide web for g processing system have been running for years without a clean bill of health. there was no guarantees that the data was reliable. this has been operating without what's called an authority to operate. there was no guarantees that the data was reliable. this is been operating without what's called an authority to operate. with that revoked a suspended license. the security incidents. in one case a third-party

installed software potentially exposing the refugee database to malware. the database is security matters because it handles applications and shares of any information with other government agencies. this week on the health of the homeland security secretary said he is working closely with rex tillerson and cia director to get a handle on the refugee betting system and its weaknesses. >> as a direct result the state department told fox to two independent audits were done into date there is absolutely no evidence that data has ever been manipulated or compromised. while there was no a data breach. supporters say they und an it security mass in taking a pause on refugee applications so makes sense. cheryl and nicole back to you. the oldest person in the u.s. died this week at the age of 114.

she died just two months after celebrating her birthday. here she is celebrating that birthday at the home where she have lived since she was 99. she became the oldest american back in july and she was a lifelong resident of new jersey. the oldest now person is 113-year-old mrs. gibson of pennsylvania. nice to celebrate. in sports one of the great rivalries in college basketball. duke downs north carolina. the thunder start russell westbrook too much for lebron james. we will have all of the highlights coming up for you in sports. we will take away at your weekend weather forecasts. it's all coming right here on fbn:am. your first look at morning markets and breaking news.

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the top ten matchup. ucla hosted oregon in the first half. he goes right to the fender. he ignores the two defenders and slams it in. oregon takes the early ten-point lead. in the second half. ucla on the comeback has brother scored 92 points in high school game the other day. his brother big brother berries the three. half a minute left. he launches a three. and then the fans just can't believe it. they come back to when that one. eighty-two-79. into the nba. russell westbrook up against lebron james. the fourth quarter. the cabs are down to. get that lay in. to tie up the game. they go on a run.

westbrook drills that jumper. two minutes left. they handed off. who does a 360 land the fans love seeing that. and the thunder beat the cleveland cavaliers 118-109. maybe not so fun if you live in the northeast yesterday. they were digging out from a major snowstorm. let's get a look at your weekend forecast. adam, good morning. what are we in store for today. >> we might be seen as some of that snow melt before the weekend is over. here's how it's going to be playing out for us. it's actually clear enough through the northeast. you'll be looking at clear skies today. a little bit of snow and moving up through the great lakes region. that will bring a little bit more snow to the upper area of new england. i think by and large we are looking at clear skies at least for new england say. this is an hour by hour

forecast. these temperatures stay chili at least for your friday. look at some of these numbers early in the morning. down into the 20s in some cases. if your little further to the north. there is a snow i was just showing. that's going to be creeping into new england. you will see snow perhaps in upstate new york running over towards boston by the end of today. and that's going to be the end of the snow. we see snow across to the extreme north portions of the country but warmer air is on the way. that's gonna be funneling this direction. it could mean snow be snow melting by saturday and sunday. we will take those warmer temperatures. they're on there on the way. coming up. a liberal appeals court reveals refuses to immigrate -- has the man. in the fight is far from over. it just shows the united states of america has a great system. as a system of checks and balances. as a political decision and a

confirmation for tom price. we are looking at new york stock futures on the move. keep it right here.

breaking news this morning. a california hills court refuses to instate the temporary immigration began. the question out doesn't now doesn't go to the supreme court. good morning everyone. great to have you here cheryl. speak to the senate as voting at two in the morning to finally confirm tom price. the nominee to repeal and replace obama care. the president's comment to our own blake burman about tax cuts sparked a record-breaking rally. 118 points.

it was higher by 30. in asia stocks also in rally mode. they are shooting up to a half percent. the shanghai composite index gain and a half of 1% in china. were looking at oil prices right now. moving higher overnight. a new report from the international energy agency that showed oil supply is falling and demand is rising around the world. after the big open. right now i had oil 53-51. and it's a gain of 51 cents. investors are watching closely as present trump meets with japanese prime minister topping the agenda are thorny trade issues. and in sports one of the great rivalries in college basketball as a duke downs north carolina. and then the nba russell westbrook is too much for lebron james. we will have all of the highlights coming up in a

moment. it's 5:31 a.m. we welcome you to appian a.m. the latest breaking news. and we do had breaking news this morning a busy morning in washington. president donald trump strongly criticizing the decision by the night circuit court of appeals on the travel ban. it's a political decision. we have a situation where the security of our country is at stake. and it's a very serious situation. with the fort as i just said to see in them in court. >> a panel of three judges ruled unanimously that the federal government presented no evidence to explain the urgent need for the president's executive order. democratic senators of course celebrating the decision. i was pleased to see that the checks a balances in our system is working. the executive order i thought

made us less safe. the president is not about the law. so what next. legal experts say if the u.s. supreme court rules along party lines and is deadlocked the lower court's decision would stand. meanwhile hillary clinton tweeted this. three-zero after the unanimous decision came out. and they responded to that from clinton saint pennsylvania, wisconsin and michigan where clinton lost. tom price present president trumps nominee for health and human services secretary has been cleared by the senate. the nomination is confirmed. and lawmakers and if they support for overhauling medicare.

and republicans may lean on price to take administrative action to dismantle obama care. steve mnuchin to be treasury secretary. up to seven hours of debate will start on monday. the final vote that set for monday night. u.s. stocks rallied after present trump said that he would advance campaign a promises. all three main indexes closed at record high yesterday. he plans to make an announcement that would be phenomenal in terms of tax within the next three weeks. kevin brady he is chairman of the house ways and means committee. does that mean corporate tax reform individual rate changes are done together individual rate changes are done together that's my strong preference because there's growth in both in the simplification and the

redesign of how we tax. so we could leap frog back to the place in the world. investors like this we have more from washington. comprehensive tax reform is coming. that was the message from the white house on thursday. present trump first said a business tax plan would be rolled out in the upcoming weeks but sean spicer added that it would be a comprehensive package including both business and individual relief. we are looking at rolling out a comprehensive tax plan that we will be working with congress on. it's good to be a comprehensive plan. something we haven't seen since 1986. it starts on october 1. it appears the administration will target repealing and

replacing obama care first. select president trump has of relations with china. he spoke on the telephone with the president of china and agreed to honor the policy. trump has questioned whether the u.s. should continue with that policy. he would use the policy as a bargaining chip in negotiations he upset relations with china two months ago when he spoke on the phone with the leader of taiwan. we will see if that continues after the campaign promises from trump. east is going to meet west today. as a prime minister the prime minister meet with president trump at the white house. he will be the second foreign leader to meet with trump

since he took office. and the senior u.s. officials of the president will confirm america's commitment to its security alliance which appeared. also expected trade against his country in the united states. there to hold a joint news conference today. 1:00 p.m. eastern time. that will be coming from the white house. house democrats are looking to regroup following some big losses. peter barnes has more on it from washington. >> as they wrap up an ultimate retreat. they will receive a report on what went wrong for democrats in house races in 2016. the whole call -- the so-called autopsy report. ahead of that the democratic leader nancy pelosi said the democrats knew about a lot of the problems that cause him to

pick them to pick up just six seats last november. while we worked for working people all the time we didn't connect that message in a way that was received. never again will we go into an election where people don't know where democrats stand. when she talked about where they could work with president trump and where they cannot. she repeated something she said at the opening of the conference on tuesday morning. >> as long as the president continues down this path there is nothing democrats can work with him on. to protect the security of our nation the future of our working families in the sanctity of our constitution they will fight every day with every fiber of our being. they promise they are working on a package of proposals in measures. to counter along the range of policy matters. peter barnes, thank you. a friend -- of fire on a plane

briefly lit up a run went last night. the small engine fire occurred just before takeoff on in argentina airlines flight. the flames were out. passengers were not evacuated. this picture taken from someone on another plane. that plane was then escorted back to the gate. in asia it's all up arrows. they actually have a great week. it's up about half a% today. up too and had%. they have european stocks also in the green ahead of the opening bell. right now it's up 21. they all hit records yesterday

on the idea of the phenomenal tax plan that's coming. right now we see it up 24. it could be another record day. we will take a look at commodities. the means that you know. the price tag $16.6 billion. the lysol cleaner, french as a mustard and clearasil. we are seen the stock looking on the upside by about $4.

in the bid ask is an 87-dollar range. nearly 5% by now. the wireless union was looking to turn up the pressure. it represents about 21,000 workers they ramp up public pressure i have ever contact exploration that's hitting on saturday night. they are targeting air traffic control. they are suggesting changes to the air national guard system. taking on an issue that has failed at previous efforts. this is a new twist in the vw scandal. i've how they rate millions of

cars to cheat. it's the best index of the week. the depleted military forces and what needs to be done. >> the high-end adversary. they're not training the way they should. they're not doing all of the muscle movement and skills that they need to practice on a routine basis. >> you are watching fbn:am on another record breaking date may be.

afoot and light-hearted i take to the open road. healthy, free, the world before me, the long brown path before me leading wherever i choose. the east and the west are mine. the north and the south are mine. all seems beautiful to me.

>> good morning. 5:45 a.m. here in new york. president trump is valid to appeal a court's refusal to reinstate his travel ban. the ninth circuit court of appeals unanimously ruled against his executive order seen the band should man should not go into effect while courts consider whether goes too far eliminated visitors to the united states. they want the security of the nation was at stake. he calls the decision political. >> senate was burning the midnight oil early this morning. by a strict partyline vote

price was confirmed 52-47. it will be the second foreign leader to meet with trump since he took office. with japan. there also expected to talk about trade. we will have that life for you as it develops. the stock market futures this morning inauguration speech he pledged to rebuild america's depleted military. long-term military readiness

is in steady decline according to the vice chief of the army. the navy said as a smallest is a smallest it's been in 99 years. half of all of it was granted. they need maintenance or spare parts. an army of that 58 basic and deplorable units. only about a third of those teams could be ready if given 30 days. 80% of the aviation units in the air force. in a case against the violence. they are going to win. in the middle east.

but against the high-end adversary they're not training the way they should. they're not doing all the muscle movement and skills that they need to practice on a routine basis to be ready against any adversary anywhere. he said he means potential adversary like russia and china. they say they need commerce to appeal the budget control act. right now they have to operate on fletcher's numbers. the military is looking for an increase of about $30 billion. cheryl in the call back to you. coming up in sports. one of the greatest rivalries as a down in north carolina. it's just too much for lebron james and the cleveland cavaliers. and then after that super

snowstorm let's take a look at the weekend weather forecast for you. you're watching fbn:am your first look at morning markets. looking sharp, len. who's the lucky lady? i'm going to the bank, to discuss a mortgage. ugh, see, you need a loan, you put on a suit, you go crawling to the bank. this is how i dress to get a mortgage. i just go to lendingtree. i calculate how much home i can afford. i get multiple offers to compare side by side. and the best part is... the banks come crawling to me. everything you need to get a better mortgage. clothing optional. lendingtree. when banks compete, you win.

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>> let's take a look at the latest from the world of sports.

the duke blue devils were at home taking a right williams on roy williams in the north carolina tar heels. they come in hot from the outside. three pubs pops another three ball from the wing there. five seconds left in there their edit again from downtown. and then in the second half the game is tight. justin jackson drives to the basket. carolyn now up one. they step it up. they show off the inside game. it takes the handoff they go on to beat north carolina 8578. it goes right to the fender. they take the early ten-point lead. remember has brother scored 92

in high school gave the other day. his big brother berries a three. that half a minute left. they launched that three. they come back to win it. eighty-two-79. russell westbrook up against lebron james in the cabs. -- in the cavaliers. oklahoma city goes on a run. they go up and drill a jumper. two minutes left on the break. he hands it off to victor. he does a 360 lay in and the fans are loving it. westbrook and the 2016 double. here is a big news. they reportedly are for sale into the family of president trump's son-in-law is looking to buy.

reports say that jared's father is part of a group negotiating with marlins owner jared and his father would not be principal owners. they reported earlier that they head at handshake agreement to sell it for $1.6 billion. two new york developer. the northeast is out for my from a major snowstorm this morning. let's get a look at what's next. adam we are all hoping here that it will warm up a little bit. i think some of the snow will be melting off. we little with a little bit of time between now and then. there's a system in the upper midwest run into portions of michigan down towards ohio that eventually is going to be running back towards the northeast.

tracking as it moves closer and closer. one is at the temperatures stay very chilly over the course of today. there is your time steam. you're looking at these chilly temperatures. here is a good news. it's warm in theiddle of the country today. i do think some of the snow is melting on saturday and sunday. >> make it through the day. the mysterious alligator. it's turning heads and white some say he is a trump supporter. we will see what were say what were talking about. you're watching fbn:am your first look at morning markets.

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>> here's something you don't see every day. and orange alligator. the skater was found near charleston south carolina because of the or just color some people are calling him a trump a gator. the color may come from where the gator is spending the winter probably in a rusty steel pipe. he don't want that in your backyard. thank you for watching fbn:am. we send over to maria bartiromo. good morning everybody. happy friday.

thank you so much for joining us today. it's friday february 10. your top stories right now. the travel order suffers another setback. they refuse to reinstate the so-called travel ban. it is bowing -- vowing to spite back. we are fully confident that now we will get our day in court. and have the opportunity to put this on the merit that we wi prevail. after some say the judges chose politics over the law. the secretary of health and human services. the nomination is confirmed. with the very latest on that coming up. plus the latest timeline.