it looks like the russell will have its first record for 2017. there are are the fireworks. here winning. we're looking at all four major entities in record territory. there's the closing bell. david and melissa, another one. two in a row. melissa: all right. another record day on wall street. the dow ending up nearly 100 paints making its second record close in a row, boosting more than 1% for the week. e s&p 500 and the nasdaq also keeping the streak alive. along with the russell 2,000 closing at record highs as well. i'm melissa francis. david: and i'm david asmand. happy friday. this is after the bell. we've got you covered on the big market movers but here's what else we have for you this hour. president trump has convinced some big businesses to invest in u.s. well, now at least he has one more leader joining the crowd. japanese prime minister at the white house today announcing his plan to create jobs right here in america. meanwhile the president vowing

to fight on for his temporary travel ban, and he now says we can expect more actions on border security to come. at what might be coming from the white house next week, the legal road ahead. and education secretary betsy devos blocked by protesters as she made her way or tried to. why is the left unwilling to give up this fight? melissa: closing just shy of 100 points. another record high. stocks jump again when president trump announced a big announcement on taxes is on the way. this is what we care about. this is what the market is focused on. you can see the spike after he made these remarks after about 1:30 eastern this afternoon. >> we've had a tremendous number of announcements. we've had ford and general motors and many, many others. intel yesterday made a major announcement, and they did that because of what is happening with our tax

structure, which is going along very well, and we'll be having some very big news over the next short period of time. melissa: see? there you go. blah, blah, blah taxes. this is what we care about. let's go to lori rothman at the new york stock exchange. that's what we're focused on. >> and the other day it was the phenomenal tax plan coming out in a couple of weeks. that's really what set this rally in motion. two consecutive days of record highs for the market. 21 records now since the election for the dow jones industrial average which gained about 98 points. benchmark averages will close in the green for this week that we are closing the chapter on today. let's look at some specific movers. sears huge day for the struggli departmstore company. basically the story they're doing this restructuring, as yoknow. so they say they're going to cut a billion in costs and also reduce debt and intention obligations by at least $1.5 billion. so investors share that with the tune of the gain of almost 26% on wall street today.

let's look at twitter here today. a bunch of downgrades. a bunch of price target cuts by analysts all over wall street. twitter this week posting its lowest post since the company went public four years ago. down 5% today. send it back to you. david: well, president trump and japanese prime minister standing united at the white house today. both leaders very bullish about moving their economies forward by working together. fox business' blake burman is in dc. of course blake is the guy whop and his advisers just can't avoid. keeps picking you, blake. >> yeah. we got another question today too, david. this one directly from the president himself. just one of two american journalists to be able to have that honor on this day. and i ask the president about the executive order that is hanging out there. there was a comment that he made earlier this week that caught my eye when he was talking to law enforcement officials in which he said that he has quote learned a lot in the last two weeks and

terrorism is a far greater threat than the people of our country understand end quote. so it was that basis and the basis that his executive order on extreme vetting being put on hold. i asked him are you as confident now when you were at any point when the homeland would be protected? and this was his response? >> i feel totally confident that we will have tremendous security for the people of the united states. we will be extreme vetting, which is a term that i developed early in my campaign. we will not allow people into our country who are looking to do harm to our people. we will allow lots of people into our country that will love our people and do good for our country. it's always going to be that way. >> and then from there, david, i asked the prime minister of

japashinzo whether or not if he felt that it was a mistake that the administration, the trump administration has announced its intentions to withdrawal from the transpacific partnership trade deal? him saying his number two and the vice president will be having a dialogue in the up coming days here to try to move this forward. and he also said that he is optimistic that results will happen from whatever takes place here in the up coming days. bottom line, david. japan, the prime minister knows what the president here is intending on doing and they're trying to push this forward, trade forward. david: in a bilateral matter. that's clearly the way it's going to work. thanks, david. >> thanks. melissa: joining me now is gary a fox news contributor, forbes media chairman steve forbes, former investment banker and entrepreneur carol ross. thanks to all of you for joining us. gary, we're focused on you. we're focused on taxes and

obamacare. as you see secretary price get ushered through, is this meaningful? do you want to see change quickly? is the market focused on it? >> i would like to see change yesterday at this point in time. look, we need to ungruber. they told cost would go the exact opposite happened. we need to be able to buy coverage from state to state and just expand. enough of this 70-year-old women having to get coverage on pregnancies and 21 men getting coverage on arthritis. got to put louisa hodge back in the system. melissa: okay. so, steve, a lot of louisa hodge going back in the system, you have to wonder how the books balance after that. kids can stay on their parents plan. they're not going to make people buy insurance they don't need. you can buy catastrophic coverage. that takes a lot of money out of the system. one of his ideas to supplement that is to have risk pools of people who have preexisting conditions but to focus the government's money at that

group in particular. do you think the books balance? >> well, i think the key thing for republicans is to have that safety net in there so they can't be accused of throwing people on the street as they dismantle this terrible l. so having those high risk pools isbsolutely necessary. i think that's the way to go rather than cluttering up the tax code and trying to cover everybody when you focus on a relative handful of people who really need it now. so the kid thing, there's no way they could touch that. 26 since kids are living with their parents until they're 66 these days because of the weak economy until we get this economy moving. or there's no way they're going to touch that. but the key thing is getting rid of the individual mandate, and it was indicated earlier a lot of people buying insurance policies that meet the specific needs rather than the one-size-fits-all. melissa: carol, do you think the books balance better? >> i certainly hope they will, melissa because this is an

important part of the credibility. we've been complaining about obamacare how it's not working for so long. it's really critical that they get things right. i think the one thing that i'm not hearing that i think will be really, really important is to create more competition in the system. it seems like they still want to limit state by state, and i think by having more competition, i'm a free market person, it's always a good thing. and you have to do that in order to bring down cost. melissa: you are absolutely right. you have to do that. david. david: well, despite the market highs, the doom and gloom reports from some economists keep rolling in. generating agency fitch calling president trump a risk to the global economy based on his stance on trade. now, as i remember, it was one of those generating agencies that were generating sub prime mortgages really high ten years ago; right? >> yes, indeed and oftentimes like regulators, these agencies come after the fact rather than before the fact of trouble. and so in terms of donald trump and world trade, they

should actually see what unfolds before putting out these dire warnings. we do get a tax package, or at least the outline of one in two or three weeks if they don't put in that border sales tax, that's going to be fantastic. they're already moving on deregulation. that is good. and on health care, i think they will eventually do away with the state by state system and have statewide shopping. david: why do you still have these hold out economists saying nothing good is going to happen in the future? >> because they're insane. it's as simples that. look, let's go over for a second. over the last nine years, we've had 9 trillion in debt. entitlement and welfare spending skyrocketing, yet it's donald trump that's going to cause problems? i don't think so. i think the problems have already been caused. and if things turning down, it's because of what happened in the past. not the future.

trump is talking lower taxes, less regulations. and more power and money in the people's hands. not in washington's hands. david: carol, it's clear. donald trump, he probably will make some mistake. we know he'll make mistakes on some things. but these reports seem to be avoiding the obvious. that is, we've had a very negative business environment for the past seven or eight years. and we're going into one, which is much more positive because we have a businessman heading the presidency. >> absolutely. it used to be when a company missed earnings you would blame the weather. it was either too warm or too cold. now the excuse is going to be donald trump. we know that's not going to cut muster. obviously businesses are very excited and their incentive to spend and do those capital investments that they haven't been doing over the last number of years. so i think that's going to be a really big boom. business sentiments really high. one thing to watch is to make sure the consumer sentiment is high. that could be an impact to

consumer sentiment that could impact business ultimately. david: okay. thank you very much. we're going to see more on steve. steve wants to talk taxes. we've got him for a special segment on that. thank you very much. melissa. melissa: so betsy devos blocked from entering an event by protesters today. what is it about the new education secretary that really gets under the skin of the left? david: she does, doesn't she? melissa: yeah. david: meanwhile the price tag on a major campaign promise may be a lot bigger than we thought. just how much is that wall actually going to cost? details from a brand-new report straight ahead. melissa: and it ain't over until it's over. president trump vowing to fight on after the ninth circuit court of appeals refuses to restore his travel order. we're going to look at the legal road ahead from the american center of law and justice. >> we will continue to go through the court process and ultimately i have no doubt that we'll win that particular case. this is the silverado special edition.

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hi grandma! and the fastest internet. [ girl screaming ] [ laughter ] >> this ruling does not affect the merits at all. it is an interim ruling, and we're fully confident that now we will get our day in court and have an opportunity to argue this on the merits that we will prevail. >> the rule of law shows that the courts will not be bullied by threats or personal insults. melissa: so the legal showdown is far from over. president trump blasting a federal court's decision to not reinstate the controversial travel ban, noting that it did not mention one statute he claims gives him the broad majority on immigration. tweeting quote remarkably the entire panel did not bother to fight this statute.

a disgraceful decision. here now is jay, a lot to get to here. first of all, let's talk about the statute itself that this is supposed to be based on. it says whenever the president finds the entry of any aliens or any class of aliens into the united states would be detrimental to the interest of the united states, he made by proclamation for such period as he shall deem necessary suspend the entry of all aliens from this class. does that give him the right to do what he did? what's your opinion? >> yes. 1182f that statute you just read, melissa, is the statutory authority upon which the president has the authority to issue an executive order as he did. now, you coupled out with the article 2 of the united states constitution this fairly rests with the president. what the ninth circuit says because there was confusion in the order. the order initially did not have an excluded class visa holders, green card holders, they said that wasn't enough

of a cure. so, look, i think the ninth circuit was wrong on a whole host of levels. i also think the best thing to do is issue a new executive order. it will draw a lawsuit, correct those matters, so that it is now part of the order. melissa: let me take you back one half step. is it weird that they didn't mention it when they were talking about it? is that a big deal or not a big deal? >> it's a big deal. the statutory authority upon which the case rested was not even footnoted in the opinion. they act as if they ignore it. so what do they do? they argue policy and evidence, by the way. none of which was admitted in trial. zero evidence. melissa: a lot of people like yourself are saying he should go back to the drawing board and rewrite the executive order and tailor it to what they say. is that a good idea? or are they just against this? >> i don't think you're going to win necessarily at the district court or at the ninth circuit court of appeals again, so i don't think it's going to buy a a vector there.

but i tell you what it does do. i do supreme court efficacy. that's the case i want at the supreme court of the united states. it's clear. the four corners of the document if there's any directive that need to come out from it, it goes through an agency like the department of homeland security, and i think you win that case 8-0 in the supreme court, melissa, for exactly the reason you started our conversation with. the statute. it's clear. that's why i would make a clear case to the supreme court. melissa: do you really believe that in your case of the supreme court? not based on what you believe the law to be. but based on the personalities of the justices. because i think what this did, especially when you heard them discuss it, and i urge everyone to go oine and listen to that conversation on the criterions call when the judges were talking to each other, and they were questioning the people that it was so eye opening because the interpretation is so wide. it's not very basic. it shows you how they can really twist and turn and do what they like. so do you really believe that

it would be 8-0 given the personalities of the justices and maybe their political leaning? >> yes. because the supreme court of the united states, here's what happens. it will be an issue presented. the issue will be only one does the president have the authority to issue the order? the answer to that is, yes, 8-0. all of them will say the authority do it. now, if they get into the establishment, the religion issue is this preferring one group over another? you have more diversity on the court. but even on that, i've argued a lot of establishment clause cases at the supreme court have argued a lot of cases at the supreme court. i think you'll win that one 8-0. i don't think it's a complicated case once it's fixed. once the executive order with the directives and that's all in one document. i think the president has a great case. listen, we backed him regardless. we thought he still should have won under the law. but you're not going to win in the ninth circuit. this is a court overturned 80% of the time. melissa: you're so smart. we love having you go on. thanks for helping us out today. >> very kind. thank you. melissa: all right. the campaign fight will go on. hillary clinton resufferinging on twitter to publicly comment

the court's decision. 3-0 referring to the court's three-judge panel who all sided against the order. it didn't take long for kellyanne conway white house counselor to the trump campaign to strike back tweeting quote there you see three of the big states that clinton lost during the election. there you go. a little smack talk on twitter. david: why do they keep trying? why do they think they can outtweet the trump administration. melissa: all having fun. what are you going to do? it's a friday. david: promising something phenomenal. the president teasing something at the white house. steve forbes is back to break down. and plus raging protests in iran. burning country flags as the country continues to fight threats from president trump. look closely.

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>> i want erica to be the great jobs magnet of the world. but we can't do that if we don't stop the wasteful rules of excessive taxes that make it impossible for companies to compete. every hour of every day my administration is focused on creating jobs for our people. and i mean good jobs. more jobs, better jobs, higher paying jobs. that's our mission. david: wow. taxes, taxes. we love it, don't we, melissa? talking taxes and jobs in his weekly address just posted on his official facebook page. that's why it sounded a little different. here's what he had to say this afternoon at that news conference with the japanese prime minister. take a listen. >> i think the united states is going to bean an even bigger player than it is right now by a lot when it comes to trade. a lot of that will have to do with our tax policy, which

you'll be seeing in the not too distant future. we'll have an incentive-based policy much more so than we have right now. right now, we don't even know -- nobody knows what policy we have. but we're going to have a very much incentive-based policy. david: you heard. incentives twice. so what exactly should we expect? somebody who is shouting this from the rooftops. forbes media chairman steve forbes. first of all, it's music to youreers, isn't it, steve? >> absolutely. that the president is pushing this now. i think he recognizes that if he doesn't get this economy moving, he's going to be in trouble politically, and they're going to miss a great opportunity of making good games in congress next year and be able to do more things after that. a booming economy, david, covers a multitude of setbacks elsewhere or anything else that they throw at you. david: now, there are two components or at least two components. one the corporate tax cut and individual tax cut. corporate tax cut would go down from 35% to 50.

maybe 20%. but it would be a significant drop in corporate taxes. but then individual taxes would go down to a top rate of 33% and only three rates as opposed to the multirates we have now. you have said before a mistake to put corporate tax cuts first because in the individual americans need to have skin in the game here. they need to feel that they're going to have more change in their pocket. and that's what happened this weekor the first time sean spicer answering a question blake burman said we're going to have comprehensive tax reform. corporate and individual tax cuts together. that's good news as well, no? >> absolutely, and it was reinforced today with an interview with neil cavuto chairman brady of the house ways and means committee, which the tax writing committee says it's his hope he'll be able to do both at the same time. so politically and economically, that's the way to go. and if they avoid this crazy border sales tax, which raises prices for working families,

then you're going to have as close of a utopia that we could have today. david: why are republicans continuing to push for this border adjustment tax? we don't need more taxes. we need fewer taxes. >> first, they need they need the revenue. they don't. a good tax cut will bring in more revenue and higher asset prices in the months and years ahead. and two in terms of the american consumer, we don't have to do what the europeans do. they hurt their consumers, so it's going to use a stronger words with stales taxes and the vats and the like. we should not imitate them. we should hope they imitate us and give people a real break. david: steve, finally, we've seen it a lot in the past eight years. we saw a lot of companies fleeing the united states to go to a lower tax countries. we got a list of all the lower tax rates in the world and there are many of them. we're the highest. we go down to ireland, by the way, where a lot of companies have gone. ireland has a 12.5% rate. if we have a 20% rate, would companies stop going to ireland for that little extra

kick that they get there? >> i think you would see a lot of companies feel even with the 20% rate i would prefer 15. we have a good legal system it, despite all the abuses of recent years. they feel safe here. they know it's the largest and richest market in the world. so if we become a leader on the corporate tax side, you'll see capital coming back in. the so-called inversions where companies leave this country, that's going to end. you're going to see the reverse process. we get it down to 15, and we're going to have a flood of money coming in. we'll probably have to build the wall to keep the money out. david: yeah, by the way, steve's shoulder is improving, for those that want to know. don't forget you can catch steve forbes, and i'll be there as well every saturday morning. forbes on fox 11:00 a.m.n our sister fox news network. melissa: no more taxes of any type. david: we don't need an extra new tax. melissa: no. all right. there you go. democrats preparing for another week of battle.

the political fight over president trump's cabinet is once again about to face gridlock in our nation's capitol. plus the grand ol' struggle. why some republicans are starting to worry that they made too many promises to the american people. so what else is new? how's your mother? umm..she's doing good. she needs more care though. she wants to stay in her house. i don't know even where to start with that. first, let's take a look at your financial plan and see what we can do. ok, so we've got... we'll listen. we'll talk. we'll plan. baird. as after a dvt blood clot,ital i sure had a lot to think about. what about the people i care about? ...including this little girl. and what if this happened again? i was given warfarin in the hospital, but wondered, was this the best treatment for me? so i asked my doctor. and he recommended eliquis. eliquis treats dvt and pe blood clots and reduces the risk of them happening again. yes, eliquis treats dvt and pe blood clots. eliquis also had significantly less major bleeding

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melissa: another big day for the markets. all the major averages closing

at a new high today and ending the week higher. david: democrat obstruction keeping trump's cabinet from going to work. right now nine secretaries are confirmed but we still have ten to go. fox news mike emmanuel is on capitol hill with the very latest. hi, mike. >> hi, david good afternoon to you. three senate confirmations to start next week, early next week. and the first one up will be the treasury secretary nominee. steve mnuchin. he will have his vote monday evening. he'll be immediately followed by the va secretary nominee. his name is david. and then after that linda mcmann will get her confirmation tuesday morning to be the small business all right. leading democrats say they are correct to scrutinize and delay, even if they cannot stop cabinet nominees. >> we're using everything we can to stop these awful nominees. whether it's staying late and speaking, whether it's holding press conferences. whether it's going on facebook live where we had huge turn

out last night. or whether it's demanding. >> as you can imagine not everything is happy under the capitol dome. republicans are frustrated saying the democrats have been slow walking these cabinet confirmations. and they say it's keeping them from doing the american people's business. >> no time in history have we seen this sort of frog walk delay being perpetrated on the people of america. they're using the rules of the senate inappropriately in my mind to slow down and bring to a halt the confirmation process of a president that they don't support. >> and part of the frustration here on capitol hill is of course a lot of the republicans made a lot of promises to the american people in terms of getting obamacare repealed and replaced and also doing tax reform. and there is no doubt at least in the senate that all this confirmation drama has eaten up a lot of calendar time,

david. david: you can't do the work unless you're doing the job. melissa: president obama setting a bold agenda for first 100 days. some worry it's too bold and ambitious. here former ohio state democratic minority leader. thanks to both of you for joining us. >> absolutely. thank you. melissa: so, dan, it kind of tracks me upere. because on the one hand, we're only three weeks in. and president trump has been going full speed. on the other hand, democrats are doing everything they can to slow things down. you heard chuck schumer saying these awful nominees. i kind of respect them for that. they're just being honest. they said we're not going to help at all and this is the only thing we can possibly do is be as obstructionist as possible. so what is your take on the timing? >> well, i think mike emmanuel just put his finger on it. they're trying to use up the senate calendar with this confirmation delay. there is did indeed a huge agenda coming forward.

there's obamacare, taxes, an infrastructure bill, perhaps a trade bill, confirmation of neil gorsuch. these are all things that the republicans in the senate house want to do once they gain control of the government. it is a huge agenda. i think the people are criticizing them for not moving fast enough on obamacare ought to cut mitch mcconnell and paolo ryan some slack. they have a really crowded agenda. they probably could have gotten it done in the time they have, but it's going to take some concentration. melissa: what do you think? is it going fast or slow? what is the truth from the outside? >> you know, i think there's a little bit of both here about to go. i think that president trump particularly through his actions on executive orders is trying to show that he is a man of action with an eye on trying to fulfill his campaign promises. the reality san josé government, you know, does not work in the blink of an eye. and it's difficult to do a lot at once and get it right. and so i agree that leaders

mcconnell and speaker ryan do need to be cut a little bit of slack because, you know, frankly, you know, this is not an agenda that can be executed unilaterally from the white house. it needs the partnership of the legislative branch to actually bring forth pieces of legislation, move them through regular order, and actually get them done, whether it's repeal and replace tax reform, and the like. so there's a lot going on. melissa: it exactly. that's the one we're focused on. just do the taxes. i want my thing first. i'm kidding. one of president trump's big ticket promises just got a lot more expensive. the proposed u.s. mexico border wall will reportedly cost $21.6 billion. this is according to the department of homeland security. far more than trump's initial 12 billion-dollar estimate. dan, this makes me laugh because i mean, it's going to cost somewhere between a penny and $6 trillion will happen let's get started. this is classic government. >> yeah. and it's inevitable, and he wants to do it across

the entire border. i mean, this is just an enormous stretch of land down there on the texas mexican border. but there are a significant number of conservative republican budget hawks in the congress. and that wall is not going to come out of the regular budget. it's going to have to come through a supplemental, an add on. so something's got to give somewhere. it affects the tax bill as well. melissa: capri, he's famous for bringing things in under budget. i sort of believe that when you heard they were talking about the budget earlier this year and saying he was going through it so quickly on defense. line item with such speed and such granularity because he's a businessman. so i kind of believe he's going to bring in for under whatever they proposal anyway. am i crazy? >> you obviously base that on the fact that the man did build things for a living. but he's now the president of the united states. the question is can he do an

executive order on or something that changes government procurement and competitive bidding processes? most federal contracts have to adhere, for example, to prevailing wage, which is the federal prevailing wage law. so between that competitive bidding for, you know, the contractors, for, you know, things like engineering and specs, there's a lot that goes into it. so does he go to, you know, the -- to gsa? the government service agency that particularly secures some of this stuff and say, no, we're going to start from scratch and figure out another way to do it? melissa: i bet he does. i bet he gets a calculator out. he won't be able to resist. it would be interesting to watch. i would like to do that story. thanks to both of you. >> thank you. david: simple solution. give up the commerce department for the wall. what has the commerce department ever done for america? it's a fair trade. i'm just saying. coming up betsy devos has been confirmed as the new education secretary. but that doesn't mean her

opposition is done fighting. the details of the extraordinary measures protesters are taking getting her way and why this battle is so important to them. that's coming up next

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>> so proud of yourself. go back. david: extraordinary moment. demonstrators blocking education secretary betsy devos from entering jefferson middle school in washington, dc causing devos to turn around and head back to her vehicle as protesters as you heard shouting shame at her. so why is the confirmation of devos become such a controversial issue for those on the left? dan hen ger is back to tell us why those who oppose her have been putting such a ferocious fight. there's no other word for it. by the way, she responded to what happened to her earlier today.

she said i respect the peaceful protests, and i will not be deterred in executing the vital mission in the department of education. no school door in america will be blocked from those seeking to help our nation's schools. so she has hit a cord in the education field. why? >> well, she's hit a cord because i think the education establishment and the teacher establishment feels mtally threatened by the ideas that abetsy devos represents. here's all of this against just one woman. there had to be more behind it. david: just one woman in a relatively small department that has never been in the crossfires before. but school, there's something about school choice. whether it's charter schools or vouchers that people would have to take their money to something other than a public school. >> well, here's the reason the democratic party would oppose her so strongly. the fact is that enrollments in schools in the inner cities

like chicago, los angeles, st. louis, baltimore, enrollments are falling. fewer kids are going to schools. at a which means fewer teachers are availability teach in those schools. in other words, their base is shrinking by attrition. david: and where they're going is the charter schools betsy devos has been championing. in fact, we can put up a list of some major cities. flint, michigan, for example. famous flint, michigan. 53% of the public school students are in charter schools. 53% of detroit. 43% in kansas. and look at those. new orleans. 92% of the public schoolkids in charter schools. >> and that's only public charter schools. that doesn't include children going to private schools because of vouchers or private charter schools. this is a quiet incredible social transformation taking place in america right now in the inner cities. these are astonishing figuring, david, that parents when they can are voting with their feet, abandoning the

traditional public schools that are failing their children and going over to charters, which are not as disorderly as the public schools. david: and when they're abandoning the public schools, they're abandoning the democrat base, we know the democrats have the inner cities as their base. but we know more parents move their kids, their own skin in the game if you will away from the democratic power base, that means they have less power. that i would submit is why there is this ferocious battle against devos. >> and not only the fact of the political base. it's also the moral foundation of the democratic party. the idea they've done so much for the people living in those neighborhoods. but now we have what i think is the biggest civil rights movement since the 1960s with the rise of these school alternatives. and the democratic party no has roll in it at all. indeed, they're the ones who are now fighting the movement of children into schools that will help them learn. david: this could be the -- even though it's a relatively small department, this could

be the biggest move that donald trump has made in changing the whole atmosphere of what america is. and what it should be. >> oh, no question about it. but she is going to be attack wherever she goes for this reason. i hope the president sticks behind her and publicly supports her. david: me too. dan, good to see you. melissa. melissa: president trump vowing to fight to keep our country safe. this is what he said in a new video from his weekly address just posted a few minutes ago. >> my administration is committed to your security, which is why we'll continue to fight to take all necessary and legal action to keep terrorists, radical, and dangerous, extremists from ever entering our country. we will not allow our generous system of immigration to be turned against us as a tool for terrorism and truly bad people. we must take firm steps today to ensure that we are safe tomorrow. >> more on what else the

president may do as he continues to push for the travel ban. this as there is a date of rage in iran. hundreds of thousands flooding the streets. they're burning u.s. flags. of course they're chanting death to america. listen. they sound like ideal candidates for immigrants, no? 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.

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iranians burning american and israeli flags today on what they are calling the day of rage. which is the anniversary of iran 1979 revolution that overthrough the u.s. government. joining us now is captain chuck gnash, a fox news military analyst. so they do this, and they burn the flag. and this is the regular occurrence. but of course it goes to remind us how iranians actually feel about americans in case we are wondering with the travel ban and everything else. what do you think of this? >> it's not just the iranians. they're the most vocal, and they get the most attention. but throughout the arab, muslim world. if you look at the polling results, the united states is not very popular. and as for those seven nations that are on that list, four of them are on the state department list as terrorists safe havens and three of them iran, sudan, and syria are on the state department list as

state sponsors for repeatedly sponsoring international terrorist events. soprano is well within his rights, and i've got the statute right in front of me. but well within his rights to suspend immigration for any period that he so deems necessary. melissa: yeah, i don't know. all the people look as ideal candidates to come into our country. i don't know why anyone would be concerned about that, i say very sarcastically. at the same time you have people on both sides of the debate arguing that the other side is making us more vulnerable to terrorists. there were a lot of people out arguing that president trump's actions provokes muslims and made people feel like we were antimuslim, so it was used as a recruiting tool as acts of terror against the u.s. what do you think about that? >> yeah. we should be tolerant otherwise they'll get angry and kill us. that's the louisa hodge; right? melissa: pretty much. does this pause right now make

us the pause in the pause, so i guess the continuation of bringing more refugees in. does that make us more vulnerable right now? or, you know, we've been doing it for a while, so what difference is another few weeks going to make? >> well, yeah, except that now the spotlight is turning more toward the executive branch, the president. and the judicial has stepped in and set a very, very dangerous precedent, which makes it more dangerous overall. and that is the judicial branch has no mechanism, no method, no remedy to fix anything that their decisions create. it's all going to fall on the executive branch and to some degree the congress. so the statute -- and let me just read this one sentence for your viewers to see what they think this statute means. "whenever the president finds that the entry of any aliens or any 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 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 appropriate." melissa: maybe they have to pneum rate that it has to be length to countries that have governments that are in shambles where you can't do the proper background check in order to realize that it has to do with the state of the government and vetting as opposed to an religion. we'll see going forward. captain, we've got to go. we have some breaking news. thank you so much. david: we do. we have breaking news on exactly this point. this from our buddy job roberts over at the fox news channel. apparently the white house is not going to appeal the ninth circuit three-judge panel decision. nor will it try to get the whole ninth circuit together. instead -- and they're not going to do an emergency appeal to the supreme court. the plan is to fight it out in a u.s. district court in seattle just on the merits of the executive order itself. so they're going to switch venues. very interesting kind of in

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david: once again, this is just coming out from white house. thanks to john roberts at fox news, white house is not going to appeal the 9th circuit three-judge panel decision or go for a whole panel of the 9th circuit. or to the supreme court, they will fight it out in the u.s. district court in seattle, this on just merits of the executive order. they are saying, that the court the 9th circuit panel did not address the law itself . they were reading things into the law that are not there. melissa: everyone that i spoke to today, said most straight forward thing to do is go back and rewrite it. but, i guess in some ways we're laughing, it feels like

backing down a little bit. david: that is why -- we know each other, i was laughing, they are fighters in trump administration they are not taking this ing down. melissa: they are rewriting it slightly different. david: another court may see it differently. melissa: there you go, "risk & reward" starts right now. >> my plan suspends visas when we can't perform effective screening, and it puts forward a new screening program to keep out people from our country who don't support our values. i'm calling it extreme vetting. extreme vetting. it is called extreme vetting. extreme vetting. i call it extreme vetting, right? extreme vetting. i want extreme, it is going to be so toug